Loading...
Council PKT 10-06-2009 RegularGITY OF Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers City Hall October 6, 2009 7:00 pm www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Mayors Month of Concem b. Proclamation: National DECA Week c. City Manager Emerging Issues Introduction of New Employees Financial Report Update 4. CITIZEN COMMENT PLEASE COMPLETE A P/NK SLIP PRESENT lT TO THE CITY CLERK PRIOR TO SPEAK/NG.. When recognized by the Mayor, come forward to the podium and state your name for the record. PLEASE LIMIT YOUR COMMENTS TO THREE (3) M/NUTES. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriafe. 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. Meeting Minutes: September 10, 2009 Special meeting, September 15, 2009 Special Meetin� and September 15, 2009 Regular Meeting ...pa9e a b. Vouchers �FED C 9-22A9) page 16 c. Monthly Financial Report �FE b�ta'c s-22-0s� ...page 47 d. SCORE Update SCORE Funding �FE°�a`c saz-os> page 61 e. Emergency Equipment Purchase Update ��uTC s-,a-os> page ss f. Approval to Apply for the 2010-2011 H Stormwater Pass-Through Grant ��ca�a- ...page 65 g. Multi-Gas Detector Purchase Using Replacement Reserves ��ures-�a-os� page 87 h. 2009-2011 Commute Trip Reduction Implementation Agreement with WSDOT ��uTC s-�a-os� page 89 i. Commute Tr� Reduction Service Contract with King County July 1, 2009 to June 30 2011, ��u C s-�a-os� page 93 j. Sherwood Forest 2009 NTS Project (27 Ave. SW; SW 344"'to SW 351�) 14-09) ...page 99 k. Lake Grove 2009 NTS Project (SW 304 Street 6 Ave. SW to 1 Ave SW) (LUTC 9-14-09) page 102 I. RESOLUTION Formation of a North LaKe Advisory Committee ��uTCS-2�-os> pa 105 m. RESOLUTION Approving and Confirming a Special Assessment Role for NOP'th Lake ��uTC s-zi-os� page 112 n. RESOLUTION Council Position on Proposition 1�P"br° "ear'"9 s-'�-°s> page �19 6. COUNCIL BUSINESS a. Settlement Agreement with Blanchard ...page 122 b. Business Incubation in Federal Way �FE°w'cs-22-09� page �23 c. Commission Appointment: Planning Commission ...page �3� d. Municipal Stormwater Grant of Regional or Statewide Significance �'-uTC,o-s-os� ...page 137 e. RESOLUTION: Letter of Support for Boeing 787 Line in Washington page 154 7. INTRODUCTION FIRST READING OF ORDINANCES a. 1) Council Bill 506 Tra�c Im act Fee �'-ure s-�a-os> page 159 N O��INT�f1ZE��TR��f1'1��FE6E'F���NGTON, RELATING TO TRANSPORTATION IMPACT FEE (TIF); AND ADDING NEW SECTIONS TO FEDERAL WAY REVISED CODE CHAPTERS 19.91. 2) Council Bill 507 Transportation Concurrencv Mana�ement �'-ures-,a-os> No�t A�7�E��1��1`i P'6F'FEb�AC�iiP�P��RiA'v"`i'c5i�l�EQtTIt1�TbT '�TATIONCONCURRENCY MANAGEMENT; AMENDING FWRC 19.90.010,19.90.080,19.90.130,19.90:140,AND 19.90.160. (AMENDINGORDINANCE NO.O6-525) b. Council Bill# 508 Establishin Time of Pa ment Interest and Penalties for North Lake Mana ement District 9 page 240 AA�IAANZ�FTI���4��F E6 �ACWAY, WASHINGTON, ESTABLISHING THE TIME OF PAYMENT, INTEREST, AND PENALTIES TO BE �MPOSED ON DELINQUENT ANNUAL SPECIAL ASSESSMENTS FOR LAKE MANAGEMENT DISTRICT NO. 2 FOR NORTH LAKE c. Council Bill# 509 NPDES Code Amendments ��ure s-,5-os> page 245 N LATING TO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE II PERMIT REQUIREMENTS; AMENDING FWRC CHAPTER 13.15, "BUILDING CONSTRUCTION STANDARDS". CHAPTER 14.25,"ENVIROMENTAL POLICY STATEMENTS", TITLE 18, "SURFACE WATER MANAGEMENT", CHAPTER 18.60, "SUBDIVISION IMPROVEMENTS:, CHAPTER 19.05, ZONING AND DEVELOPMENT IN GENERAL" CHAPTER 19.125 OUTDOORS, YARDS, AND LANDSCAPING", CHAPTER 19.130, "OFF- STREET PARKING", CHAPTER 19.135, "DEVELOPMENT IMPROVEMENTS: AND CHAPTER 19.120, "CLEARING, GRADING AND TREE AND VEGETATION RETENTION"; AND ADDING NEW SECTIONS TO FWRC 16.50 DISCHARGES TO FEDERAL WAY WATERS AND STORM DRAINAGE SYSTEMS. (AMENDING ORDINANCE NOS. 07563, 04-468, 09- 593, 99-352, 90-43, 09597, 07-554, 09-610 AND 07559) 8. COUNCIL REPORTS 9. CITY MANAGER REPORT 10.ADJOURNMENT The Council may add items and take action on items not listed on the agenda. **In an effort to ��Think Green° 2300 sheets of paper were saved by eliminating duplicate copies of the Consent Agenda supporting documents. i PROCLAMATION "NATIONAL DECA WEEK" WHEREAS, the Decatur High School DECA (Distributive Education Clubs of America) chapter will be celebrating "National DECA Week" during the week of October 12�' -16�', 2009; and WHEREAS, DECA is a national association of marketing education students, providing teachers and members with educational and leadership development activities to merge with the education classroom instructional program; and WHEREAS, although DECA consists primarily of students in marketing programs, membership also extends to alumni, to professionals in marketing educarion, and to marketing teacher education, by working hand-in-hand with the education and business communities; and WHEREAS, DECA's goal is for its student members to develop a"career success kit" to carry into their business and personal lives after graduation, and to accomplish this DECA utilizes on-the job experience, chapter projects and a program of competency-based competitive events in specific marketing occupational areas; NOW, THEREFORE, we, the undersigned Councilmembers of the City of Federal Way, Washington, do hereby proclaim the week of October 12`� 16`�' as"NATIONAL DECA WEEK" in the City of Federal Way, and do hereby encourage businesses and citizens to encourage the development of student leadership, to promote an appreciation for our free enterprise system, and to develop an awareness for the importance of good citizenship. SIGNED this 6�' day of October, 2009.. CITY OF FEDERAL WAY Jack Dovey, Mayor Jeanne Burbidge, Councilmember Dini Duclos, Counci[member Eric Faison, Deputy Mayor Linda Kochmar, Councilmember Jim Ferrell, Councidmember Mike Park, Councilmember COUNCIL MEETING DATE: October 6, 2009 ITEM Sa CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TEC'r: CITY COUNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the September 10, 2009 Special Meeting, and the September 15, 2009 Regular and Special Meetings? COMMITTEE Not Applicable CATEGORY: Consent City Council Business Ordinance Resolution MEETING DATE Not Applicable Public Hearing Other STAFF REPORT BY: Carol McNeill Ci Clerk DEP'r: Human Resources ................._...._..........---._..__......_....................................................._Y�............._t_3_'_..._.._._....___...__.._..................�.._.............._.__....................._........................._.....-------........----�...�..��......_----�----.._._._.._........._.__......_....�_-----�-��- Attachments: Draft meeting minutes of the September 10, 2009 Special Meeting; and September 15, 2009 Regular and Special Meetings. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION Staff recommends approving the minutes as presented. CITY CLERK APPROVAL N/A DlltECTOR APPROVAL N/fl Committee Council Committee COMMITTEE RECOMMENDATION Not Applicable N/�1 Council PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL AC'TION: APPROVED COUNCIL BILL DENIED I reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (or�linances only) ORDINANCE REVISED 02/06/2006 RESOLUTION �Federal Way FEDERAL WAY CITY COUNCIL SPECIAL MEETING HYLEBOS ROOM City Hall SEPTEMBER 10, 2009 6:00 PM MINUTES www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor povey cailed the meeting to order at 6:05 p.m. Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Jean Burbidge, Mike Park, Jim Ferrell, Dini Duclos and Linda Kochmar. Staff present: Interim City Manager Brian Wilson, City Attorney Pat Richardson and City Clerk Carol McNeilly. MOTION: Mayor povey moved to re-order the agenda and adjourn into Executive Session prior to discussing the Council Business item. Councilmember Park second. VOTE: Motion carried 7-0. 2. EXECUTIVE SESSION The Council adjourned to Executive Session at 6:06 p.m. to discuss potential litigation pursuant RCW 42.30.110(1)(i) for approximately 30 minutes. The Council adjoumed from Executive session at 6:29 p.m. 3. COUNCIL BUSINESS a. Extending the Real Property Purchase and Sale Agreement with United Properties for the Symphony Project. Action expected. Economic Development Director Patrick Doherty provided a brief presentation summarizing the history on the purchase and sale agreementwith United Properties. Mr. Doherty introduced Victor Setton of United Properties who thanked the Council for the opportunity to discuss the extension of the existing agreement, which expires September 11, 2009. United Properties recently began negotiations with Landor Korus, a Korean investment company, to explore the possibility of investing in the Symphony Project. Mr. Wayne Choe of Landor Korus provided background information on the company and their past investment projects. With the existing purchase and sales agreement expiring tomorrow, both United City Council Minutes September 10, 2009 Special Meeting Page 1 of 2 Properties and Landor Korus wouid ask the Council to extend the existing purchase and sale agreement for six-weeks to allow them to explore financing options. MOTION: Deputy Mayor Faison moved approval of the staff recommendation with the following changes; change the agreement closing date from 10/30/2009 to 11/03/2009 and delete everything after the work "released." Councilmember Duclos second. The Council asked clarifying questions of Mr. Setton and Mr Cho. VOTE: Motion carried 6-1, Councilmember Ferrell dissenting. 4. ADJOURNMENT With no further business before the Council, Mayor povey adjoumed the meeting at 7:15 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes September 10, 2009 Special Meeting Page 2 of 2 CITY OF Federal Way FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers City Hall September 15, 2009 5:30 PM MINUTES www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor povey called the meeting to order at 5:30 p.m. Councilmember's present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Jim Ferrell, Linda Kochmar, Mike Park, Jeanne Burbidge and Dini Duclos Staff present: Interim City Manager Brian Wilson, CityAttorney Pat Richardson and City Clerk Carol McNeilly. 2. EXECUTIVE SESSION The Council, along with City Attomey Richardson adjoumed to Executive Session at to discuss Potential Litigation pursuant to RCW 42.30.110(I)(i) and Collective Bargaining pursuant to RCW 42.30.140(4)(a) for approximately 60 minutes. The Council adjoumed from Executive Session at 6:29 p.m. 3. ADJOURNMENT Mayor povey adjoumed the meeting at 6:29 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes September 1 S, 2009 Special Meeting Page 1 of 1 CITY OF Federal Way FEDERAL WAY CITY COUNCIL Council Chambers City Hall September 15, 2009 -.7:00 PM REGULAR MEETING MINUTES www. cifyoffederalway. com 1. CALL MEETING TO ORDER Mayor povey called the meeting to order at 7:00 p.m. Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Jim Ferrell, Linda Kochmar, Mike Park, Jeanne Burbidge and Dini Duclos Staff present: Interim City Manager Brian W ilson, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Todd Beamer High School Air Force JROTC presented the colors and led the Pledge of Allegiance. Motion: Councilmember Burbidge moved to amend the agenda to add the State and �ocal HIDTA Task Force Agreement with the US Department of Justice as item F under Section 7 City Council Business. Deputy Mayor Faison second. Vote: Motion carried 7-0. 3. PRESENTATIONS a. Ceremonial Swearinq In of Police Officers Interim Police Chief Andy Hwang introduced new Officers Nicolas Wong and Tanner Pau. City Clerk Carol McNeilly delivered the oath of office. b. Police Award Presentations Medal of Meritorious Service Interim Chief Andy Hwang presented O�cer Mickelson with the Medal of Meritorious Service for his actions in apprehending a stabbing suspect and saving the stabbing victims life. Police Chief's Commendation Interim Chief Andy Hwang presented Federal Way resident Jesse Moralez with the Police Chief's Commendation award for aiding the police in the apprehension of an armed burglary suspect and detaining him until the police arrived. City Council Minutes September I5, 2009 Regular Meeting Page 1 of 8 Interim Chief Andy Hwang presented Dave Ehlers and Dave Gantt with the Police Chief's Commendation award for their volunteer efforts with the Federal Way Police Department. Mr. Ehlers has volunteered for the past eight years and Mr. Gantt has volunteered the past five years. Both men played pivotal parts in launching the community based Safe City Program in Federal Way by assisting the Police Department and training other volunteers. c. Mid-Biennium Budqet Adiustment Update Financial Services Administrator Bryant Enge presented information pertaining to the Mid- Biennium Budget. Revenues through July are down from 2008 by $1.7 million. However, overall revenues are ahead of 2009 revised projections by $430,000. Real Estate Excise tax and Utility Tax are above target. Sales tax, gambling and criminal justice taxes, which account for 35 percent of city revenues are on a downward trend and are projected to create a$300-400k shortfall by year-end. One-time costs, which were not anticipated, include SCORE funding and brokering Natural Gas Tax Litigation. Future challenges such as limited revenue growths, the possible approval of initiatives 1033 and 747, and an uncertain economic climate in 2010 are anticipated. However, the.Citywill continue to make adjustments as needed. On a positive note, $2 million dollars allocated for the purchase of property have becorne available and will be retumed to the General and REET funds. d. PROCLAMATION: Constitution Week September 17-23`� Councilmember Kochmar read the proclamation into the record and presented it to Peggy Eisaman. Sue Bergman stated the Todd Beamer High School Street Law Class is hosting a public forum on September 19, 2009 with local State Representatives. e. PROCLAMATION: Mavor's Month of Concern for the Hunqrv September 26 Mayor povey read the proclamation into the record and stated the City will partner with Waste Management to collect food donations throughout the month. Mayor povey presented the proclamation to Linda Purlee, Director of Emergency Services at the Federal Way Multi- Service Center. f. Introduction of Federal Lobbvist Strateaies 360 Communications Govemment Affairs Manager Linda Farmer introduced Tylynn Gordon and Melanie Mihara of Strategies 360, the City's State Lobbyist. Ms. Gordon provided a brief legislative update for the City. g. Citv Manaqer Emerqinq Issues Introduction of New Emplovees Interim City Manager Wilson reported on a court ruling that denied the sale of the Camp Killworth property to the City. The property will remain under the ownership of the Boy Scouts. Funds allocated for that purchase will be re-allocated as part of the mid biennium budget adjustment. Mr. Wilson introduced new employees CDBG Coordinator Koyla McCleave and Financial Analyst Chase Donnelly. City Council Minutes September 1 S, 2009 Regular Meeting Page 2 of 8 4. CITIZEN COMMENT H. David Kaplan, Chair of the Grant Tourism Enhancement Grant Committee reported grant applications are now available. Nancy Combs spoke about issues at Adelaide Beach and the need for a 4-way tra�c stop at 304 Avenue. Tom Pierson. CEO FW Chamber of Commerce, he encouraged the Council to support the National sand sculpture here in Federal Way. Christopher Cormier shared his concerns regarding new management at the Waterbury Apartments. Bett�r Tavlor shared her concerns with the new management at the Waterbury Apartments. Debbie, resident of Waterbury Park Apartment, submitted comments regarding her concems with the new management at the apartments for the City Clerk to read into the record. Marv Ehlis thanked the City for their efforts to maintain Camp Killworth. Donald Barovic encouraged the City to continue their support of the Camp Killworth property. Mayor povey asked the City Manager to follow up on the public comments received regarding the Waterbury Apartments. 5. CONSENT AGENDA Items listed be/ow 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 APPROVED b. Regional Hazard Mitigation Plan Adoption PR c. ORDINANCE: Council Bill #503/Amendments to the Federal Way Revised Code (FWRC) Titiee 18 "Subdivisions" and Ti�e 19 "Zoning and Development Code" regarding plat and land use application �lllle @X�2CISIOCIS at1C� I'�IateCl 8171@IlC�C11211tS 1st reading 9-1-09lLUTC 8/3/09 APPROVED Ordinance No. 09- 624 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'� reading 9-1-09/LUTC 8/3/09 A PPROVED Ordinance No. 09 e. ORDINANCE: Council Bill #505/Criminal Code Update'St`ead"' Ordinance No. 09-626 f. w���ss h. Cancel the 2009 Valley Cities Counseling Consultation Acquisition of a Community Facility Pro�ect and Reallocate 2009 Capital Funds to the King County Housing Repair Program PRH Psc sisios APPROVED i. 2010 Community Development Block Grant PR sPSCS s os APPROVED City Council Minutes September 1 S, 2009 Regular Meeting Page 3 of 8 MOTION: Deputy Mayor Faison moved approval of the Consent Agenda. Councilmember Ferrell Second. Councilmember Kochmar pulled item g. Roof Replacement- West Hylebos Park Caretaker Homes Laurelwood Park Picnic Shelter. Mayor povey pulled item f. Placement of "Safe City Federal Wa�' signs at designated locations VOTE: Consent items 5a, 5b, 5c, 5d, 5e, 5h and 5i were approved 7-0. f. Placement of "Safe City Federat Wa�' signs at designated locations PR"sPSC s-oa-os Staff presented the new Safe City signs that will be posted in the downtown area in the next few weeks. MOTION: Councilmember Burbidge moved approval. Councilmember Kochmar second. VOTE: Motion carried 7-0 g. Roof Replacement- West Hylebos Park Caretaker Homes Laurelwood Park Picnic Shelter PRHSPSC 9-08-09 Councilmember Kochmar recused herself from voting on this item. MOTION: Councilmember Burbidge moved approval. Councilmember Duclos second. VOTE: Motion carried 6-1; Councilmember Kochmar recused. 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 govemmentwould: not affect the Cit�s eligibility to be governed under Title 35A of the Revised Code of Washington. Staff Report: City Attomey Pat Richardson presented the ballot language and reviewed RCW 42.17.130(1) which allows the Council to Con Statement: Doctor Jim Burbidge spoke on behalf of the Con Committee. Pro Statement: Roy Parke spoke on behalf of the Pro Committee. Citizen Comment: Rhonda Pettiarew Clara McCarthur, Buck Petiqrew, Dave McKenzie. Earl Gibson individually spoke in support of a Mayor/Council form of govemment. Tom Pierson, CEO FW Chamber of Commerce stated the Chamber Board supports maintaining the Council/Manager form of government. Bill Linohan Patricia Owen H. David Kaplan Bob Stead, Marqaret Nelson. Hoqe Elder, City Council Minutes September 1 S, 2009 Regular Meeting Page 4 of 8 Bob Kelloqq Joann Piquette Barbara Reid Fred Konkell, Marv Ehlis, Bob Piauette individually spoke against a Mayor/Council form of government. Donald Barovic spoke regarding the upcoming ballot measure. Roqer Freeman suggested the Council look at other types of government models. Nancy Combs provided public testimony. Bene Daqen submitted written comments supporting a Mayor/Council form of govemmentto be read into the record. Mayor povey declared the public closed the public hearing at 9:38 p.m. MOTION: Councilmember Duclos moved to suspend the Council rules and continue the meeting past 10:00 pm. Councilmember Burbidge second. VOTE: Motion carried 7-0. Councilmember Park asked how many Washington cities operate under the Council/Manager form of govemment. City Attomey Richardson stated of the 281 cities/towns in Washington, 227 are Council/Manager forms of govemment, 53 are Mayor/Council and 1 operates under the commission form. Thirteen cities have incorporated in Washington since 1990, twelve of them incorporated as Council/Manager forms of government. Since 1973, seven cities have changed from Council/Manger to Mayor/Council form of government. Councilmember Park emphasized the importance of focusing on facts while considering this issue. A Mayor/Council form of government can be costly with salaries for both a Mayor and City Administrator. Also, accountability is not guaranteed with an elected Mayor. He is not in favor of a Mayor/Council form of government; however, he would like to look at Tacoma's model of government Council/Manager with elected Mayor. Councilmember Duclos thanked the public for providing their input on this item. She shared her experience with both Mayor/Council and Council/Manager forms of govemment. She does not support the change of government proposition. Councilmember Burbidge noted the City has made numerous accomplishments under the current Council/Manger form of government. Her concem with a' Mayor/Council form of government is undue influence affecting decision making, hiring and firing. She does not support the change to a Mayor/Council form of government. Councilmember Ferrell supports the change of government to Mayor/Council. He noted the last time this item was before the voters; a$10,000 campaign contribution aided its failure. The issue of increased costs associated with a Mayor/Council form of government is a minuet portion of the City's overall budget. If this item passes, he feels it will be a new beginning for Federal Way. Councilmember Kochmar stated this issue is not as simple as being able to elect a Mayor; it changes the City's entire form of government. It is essential to have a professional administrator to oversee the operation of a City. All of the local cities that Ciry Council Minutes September �5, 2009 Regular Meeting Page S of 8 have Mayor/Council forms of government have City Administrators as well. She does not support the change to a Mayor/Council form of government. Deputy Mayor Faison noted that he currently serves a as a city councilmember, a city administrator and a town administrator. He has experience in both the Mayor/Council and Council/Manger forms of government and does not feel the Mayor/Council form of governmentwould benefit Federal Way. Underthe currentform of govemment, citizens can address seven elected o�cials with their issues or concerns. In closing he urged voters to give careful consideration when voting on Proposition One. Mayor povey feels the city's current form of government has been very successful and the Councilmember's have always been able to work together. He does not support the change to a Mayor/Council form of govemment MOTION: Councilmember Faison moved to direct staffto 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. Councilmember Park second. VOTE: Motion carried 6-1. Councilmember Ferrell dissenting The Council recessed at 10:41 pm and reconvened at 10:46 pm. 7. COUNCIL BUSINESS a. World Championship of Sand Sculpture Economic Development Director Patrick Doherty reported the World Championship has been held in Canada for the past several years and is looking for a new venue. The City has been approached by the event organizers to see if they Federal Way is interested in hosting the event in 2010. Funding of $185,000 is being requested from the City to support this event coming to Federal Way. MOTION: Deputy Mayor Faison moved to support the establishment of the World Championship of Sand Sculpture event in Federal Way for September 7 through October 2, 2010, and request the Lodging Tax Advisory Committee to offer back to City Council its recommended level of financial support from lodging tax revenues. Councilmember Duclos second. Councilmembers Park and Burbidge requested staff provide additional information on the past events. VOTE: Motion carried 7-0. b. RESOLUTION: Opposinp Initiative 1033 P�b�'° "ea"" s�vos No staff presentation. MOTION: Deputy Mayor Faison moved to approve the proposed resolution opposing Initiative 1033. Councilmember Dulcos second. VOTE: Motion carried 7-0. City Council Minutes September 1 S, 20�9 Regular Meeting Page 6 of 8 c. JAG Propertv Proceeds: Distribution and Hold Harmless Aqreement No staff presentation. MOTION: Deputy Mayor Faison moved to authorize the City Manager or his designee to execute the Proceeds Distribution and Hold Harmless Agreement to receive and apportionment of the jail property proceeds. Councilmember Kochmar second. VOTE: Motion carried 7-0. d. City Manaqer Search: Timeline Revision Candidate Profile Human Resource Director Mary McDougal reported the city's consultant Greg Prothman provided a draft recruitment brochure for Council approval. Due to Federal Way Proposition No. 1, the consultant recommends extending the recruitment closing date to November 22, 2009. MOTION: Deputy Mayor Faison moved approval of the draft candidate profile and revised timeline for the City Manager search. Councilmember Duclos second. VOTE: Motion carried 7-0. e. RESOLUTION: Creation of Multi-Jurisdictional Entity to Provide Maintenance and Operations Services Interim City Manager Wilson stated the city is seeking approved to explore the option of establishing a multi jurisdictional entity fsimilar to Valley Communications) to share maintenance costs. The Federal Way School District and South King Fire and Rescue are also interested in exploring this possibility. MOTION: Councilmember Burbidge moved to approve proposed resolution directing stafF to explore the creation of a multi jurisdictional entity to provide maintenance and operation services. Councilmember Kochmar second. VOTE: Motion carried 7-0. f. State and Local HIDTA Task Force Aareement with the US Department of Justice MOTION: Councilmember Burbidge moved to accept the State and Local HIDTATask Force Agreement and US Department of Justice Certifications. Councilmember Duclos second. VOTE: Motion carried 7-0. 8. COUNCIL REPORTS Councilmember Burbidge reported the next PRHSPS Committee meeting is October 13, 2009. Councilmember Park reported the next 3rd Quarter Korean Community Association meeting is September 17, 2009 at City Hall and the next FEDRAC meeting is September 22, 2009. Councilmember Kochmar reported next LUTC meeting is September 21, 2009. Deputy Mayor Faison reported on an upcoming Puget Sound Regional Council meeting focusing on projected growth targets for cities. Mayor povey reported the SCORE will be conducting recruitment for an Executive Director. Councilmembers Ferrell and Duclos had no report. City Councdl Minutes September I5, 2009 Regular Meeting Page 7 of 8 9. CITY MANAGER REPORT Interim City Manager Wilson reported that many representatives from FW Staff, Fire, Police, Lakehaven Utility District and the Red Cross all attended Emergency Management Training in Maryland earlier in the month. The training was a tremendous success. 10. EXECUTIVE SESSION The Council did not adjoum into Executive Session. anceled canceled 11. ADJOURNMENT With no further business before the Council, Mayor povey adjoumed the meeting at 11:18 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes September 1 S, 2009 Regular Meeting Page 8 of 8 COUNCIL MEETING DATE: October 6, 2009 CITY OF FEDERAL WAY CITY COUNCIL ITEM r AGENDA BILL SUB3ECT VOUCHERS POLICY QUESTION Should the City approve the vouchers in the totad amount of $1,923,398.59 COMMITTEE: Finance, Economic Development, and Regional Affairs Committee CATEGORY: Consent City Council Business STAFF REPORT BY: Tho Kr� Ordinance Resolution Finance Director MEETnvG DATE: September 22, 2009 Public Hearing Other DEPT: Finance I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claims are just and due obligations against the City of Federal Way, Washington, and that I am authorized to authenticate and certify said liens. Finance Director Attachments: Voucher List Options Considered: NA STAFF RECOMMENDATION: NA CITY MANAGER APPROVAL: (MI �t �I ��I� Committee COMMITTEE RECOMMENDATION: DIItECTOR APPROVAL: Committee Coun�l "I move approval of the vouchers and forward to the October 6, 2009 Council Meeting for approval. Committee Member Committee Member PROPOSED COUNCIL MOTION "I move approval of the vouchers pursuant to RCW 42.24. (BELOR'TO BE COMPLETED BYCITYCLERKS OFFICE) CpUNCIL ACTION: APPROVED COUNCIL BILL I� DENIED 1sT reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READIlVG (ordinances only) ORDINANCE REVISED— 02/06l2006 RESOLUTION City of Federal Way Claims Paid Via Wire Transfer Date 8l18l2009 8/18/2009 8/27/2009 8/28/2009 9/1 /2009 9/2/2009 Vendor Pac�c Northwest Title Pacific Northwest Title Pacific Northwest Title Pacific Northwest Title Pacific Northwest Title Pacific Northwest Title Description ROW Acq #21,22/Lien ROW Acq #09/Oriental Gdn Ctr ROW Acq #13/LMREC III REO 111 ROW Acq #2 ROW FII,E 10/11 ROW FILE #37 INVESTORS THREE LLC Total K:\FINWcctsPay\CHECKRUN\Claims Paid by EFT Amount Paid 68,788.50 97,644.40 51,913.85 6,442.16 78,601.40 69,529.65 372,919.96 Page 1 City of Federel Way Accounts Payable Check List Bank of America Check No. Date Vendor Inv Date Invoice 81709 8l17/2009 011291 JURY/WITNESS FUND, 8/17/2009 1-557864449 212108 9/9/2009 004149 LMI OFFICE SUPPLY, 6/10/2009 PROCTOR-NOTARY 6/10/2009 PROCTOR-NOTARY 213002 8/31l2009 OOd332 ABC LEGAL MESSENGERS INC, 7/8/2009 20140724 213003 8/31/2009 004234 ABT TOWING OF FEDERAL WAY INC, 8/11/2009 29757 213004 8l31/2009 000109 ACTIVE SECURITY CONTROL (DBA), 8/11/2009 14303 213005 8/31/2009 011627 ADAMS, BOB E. 7/28/2009 0990900068315 213006 8/31/2009 000568 AGRI SHOP INC, 7/23/2009 5005l1 7l23/2009 5005/1 8!7l2009 5336 213007 8l31/2009 001522 AMERICAN RED CROSS, 8/12/2009 10024381 213008 8l31l2009 001378 APPLIED INDUSTRIAL, 7/28/2009 42413641 7/24/2009 42413493 213009 8/31/2009 006211 AQUATECHNEX, INC., 7/20/2009 2000 213010 8/31/2009 010530 ARAMARK UNIFORM SERVICES, 7/27/2009 655-4404586 8/10/2009 655-4428903 213011 8/31/2009 011687 ARCHER CONSTRUCTION INC, S/21/2009 09-102709 REFUND 213012 8l31/2009 007158 ARCHIVES NORTHWEST LLC, 7/31/2009 0004258 213013 S/31/2009 001233 AT&T BUSINESS SERVICE, 8/6/2009 030 598 3151 001 8/6/2009 030 598 3151 001 8/6/2009 030 598 3151 001 213014 8/31/2009 001233 AT&T BUSINESS SERVICE, 8/13/2009 051 055 1173 001 8/13/2009 051 0551173 001 8/13/2009 051 0551173 001 213015 8/31/2009 011555 AVEDISYAN, RUBEN 8/11 /2009 08l11 /09 213016 8/31/2009 071676 BABBIT NEUMAN CONSTRUCTION CO, 8/14/2009 05-01965 REFUND 213017 8/31/2009 001604 BALL, GIGI Y 8l13/2009 08/13/09 8/21/2009 08/21/09 213018 8/37/2009 000792 BARRY'S TRUCKING LANDSCAPING, 8/21 /2009 42854 213019 8/31/2009 007247 BENSEN, MARK 8/18/2009 2009 BENSEN 213020 8/31/2009 010185 BIRD, FERESIKA S 8/78/2009 08/18/09 8/20/2009 08/20/09 213021 8/31/2009 002645 BIRTH TO THREE DEVELOPMENT CTR, 8/20/2009 2ND QTR 2009 213022 8/31/2009 011560 BLACK KNIGHTS ENTERPRISES, 8/13/2009 4014 213023 8/31l2009 006684 BLANCHETTE, DIANA L 8/20/2009 667656 213024 8/31/2009 004866 BRIM TRACTOR COMPANY INC, Description MC-REPLENISH JURY FUND LAW; NOTARY RENWAL LICENSE F LAW; NOTARY STAMP T. PROCTOR PWAD-LEGAL MESSENGER SERVICE PD-VEHICLE TOWING SERVICES PKKFT-LOCKSMITH/ NEW LOCKS MGRED LIGHT PHOTO REFUND PKM-PRO GATOR REPAIR/INV#54973 PKM-ACCOUNT CREDIT/PO#5005 SWM-BAR OIL FWCC-FIRST AID/CPR TRAINING FWCC-LOCKS FWCC-LOCKS SWM-AG07-086 STLK AQUATIC PIAN FWCGFLOOR MATS SVC FWCC-FLOOR MATS SVC CD-PERMIT CANCEL REFUND PD-(7/09) STORAGE FEE IT-LONG DISTANCE SVC IT-LONG DISTANCE SVC IT-LONG DISTANCE SVC IT-LONG DISTANCE SVC IT-LONG DISTANCE SVC IT-LONG DISTANCE SVC MGINTERPRETER SVCS CD-05-01965 DEMO PREMIT REFUND MC-INTERPRETER SVCS MGINTERPRETER SVCS PKM-8/09 -356TH PK LT, 348TH, PD-MOTORCYCLE SCHL. M BENSEN MC-INTERPRETER SVCS MC-INTERPRETER SVCS CDHS-AG09-066 EMERG. HUMAN SVC PD-BOMB SQUAD SHOULDER PATCH PRCS-REFUND JULY FEES Page 1 of 29 Amount Check Total 1,077.30 1,077.30 131.00 80.00 51.00 7.00 7.00 193.82 849.12 124.00 216.97 -184.44 85.32 193.82 849.12 124.00 117.85 18.00 18.00 768.70 312.08 456.62 1,018.68 1,018.68 156.70 78.35 78.35 147.50 147.50 573.78 32.32 29.73 2.59 8.66 7.96 0.69 131.90 2,409.00 102.20 102.20 1,620.60 550.00 129.40 104.40 6,000.00 218.53 61.58 573.78 64.64 17.31 131.90 2,409.00 204.40 1,620.60 550.00 233.80 6�000.00 218.53 61.58 1,215.78 Bank of America Page 2 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 7/29/2009 WM05606 MSFLT-REPLC RELAY ECU 1,215.78 213025 8/31/2009 011693 BUD CLARY OF YAKIMA, 83,354.83 8/26l2009 0035464 PD-PRIUS VIN JTDKN3DU3A0035464 24,654.37 8/26/2009 0114209 PD-CAMRY VIN 4T16B3EK7AU114209 29,350.23 8/26/2009 U115233 PD-CAMRY VIN 4T16B3EK9AU115233 29,35023 213026 8/31/2009 003093 CASCADE COMPUTER MAINTENANCE, 1,079.67 8l11/2009 9147842 IT-PRINTER MAINTENANCE 53.98 8/11/2009 9147842 IT-PRINTER MAINTENANCE 539.84 8l11/2009 9147842 IT-PRINTER MAINTENANCE 485.85 213027 8l31/2009 002351 CASCADE MOBILE MIX CONCRETE, 312.08 8/10/2009 24679 PWSWM-CONCRETE FOR 44TH AVE 312.08 213028 8/3112009 011081 CASE POWER EQUIPMENT, 20,040.69 8!3/2009 S36092 WM-20 TON HEAVY EQUIP TILT BED 20,040.69 213029 8l31/2009 011677 CASTRO G., ALBERTO 222.10 8/9/2009 09-01-210-622 RISK-CASTRO 09-01-210-622 222.10 213030 8/31/2009 005573 CDW GOVERNMENT INC, 1,981.95 7/27/2009 PSL4353 SONICWALL 1 YEAR COMPREHENSIV 99.10 7/27/2009 PSL4353 SONICWALL 1 YEAR COMPREHENSIV 951.34 7/27/2009 PSL4353 SONICWALL 1 YEAR COMPREHENSIV 931.51 213031 8/31/2009 010954 CEDAR GROVE ORGANICS RECYCLING, 20.65 7/31/2009 0000012587 PWSWR-FOOD/GREEN WASTE SERVI 20.65 213032 8/31/2009 004676 CENTERSTAGE THEATRE ARTS, 8,364.33 8/4/2009 AUGUST 4, 2009 PARKS-AG09-148 8/09 KFT MGMT- 5,833.33 8/4/2009 AUGUST 4, 2009 PARKS-AG09-148 8/09 KFT MGMT- -404.00 8/24/2009 2/27/08 3/15/08 PKKFT-CRUCIFER OF BLOOD PLAY 2,935.00 213033 8/31/2009 011480 CHESAPEAKE REALTY ADVISORS LLC, 3,737.50 7/24/2009 JULY 24, 2009 CM-CITY CNTR REDEVELOPMENT CC 3,737.50 213034 8/31/2009 009000 CHILDREN'S HOME SOCIETY OF WA, 2,500.00 8/20/2009 2ND QTR 2009 CDHS-AG09-098 STRENGTHENING FP 2,500.00 213035 8/31/2009 009643 CIPALLA COMMUNICATIONS INC, 5,888.03 7/31/2009 FW-08-0007-B PARKS-AG09-099 FWCC MARKETING• 5,888.03 213036 8/31/2009 000442 CITY OF BELLEVUE, 79.00 8/26/2009 REGISTER SIVER PD-INVESTIGATIVE TOOLS SMNR SI 79.00 213037 8/31/2009 005817 CITY OF FIFE, 23,141.00 8/10/2009 0005068 PD-7/09 JAIL SVCS AG01-72 23,141.� 213038 8/31/2009 010323 CITY OF SEATTLE, 80.00 8/6/2009 177624 FWCC�177624 ROD TOOT RENEW 80.00 213039 8/31/2009 011686 CLAUDIO, BRETT 300.00 7/6/2009 JULY 2009 PKKFT-ROBIN HOOD STAGE MANAGE 300.00 213040 8/31/2009 003752 COASTIMDE SUPPLY DBA, 5,369.57 8/6/2009 W2084001 FWCC-JANITORIAL SUPPLIES 340.87 7/31/2009 W2089375 FWCC-JANITORIAL SUPPLIES 2,030.91 8/4/2009 T2085300-1 PKM-JANITORIAL SUPPLIES 262.45 8/4l2009 T2090224 PKM-JANITORIAL SUPPLIES 169.37 8/14/2009 W20866041 FWCC-JANITORIAL SUPPLIES 39.08 8/14/2009 W2089375-1 FWCGJANITORIAL SUPPLIES 227.44 8/14/2009 W2093617-1 FWCC-JANITORIAL SUPPLIES 383.01 8/12/2009 W2093617 FWCGJANITORIAL SUPPLIES 1,976.43 213041 8/31/2009 001969 CODE PUBLISHING COMPANY INC, 348.76 8/18/2009 33642 MSGCODIFICATION SERVICES 348.76 213042 8/37/2009 004019 COLUMBIA BANK, 3,001.88 8/3/2009 AG09-045 #5 PWST-AG09-045 2009 OVERLAY- 3,001.88 8/3/2009 AG09-045 #5 PWST-AG09-045 2009 OVERLAY- 3,001.88 8/3/2009 AG09-045 #5 PWST-AG09-045 2009 OVERLAY- -3,001.88 213043 8/31/2009 001127 COMMUNITY HEALTH CENTERS, 3,972.25 8l20/2009 2ND QTR 2009 CDHS-AG09-092 PRIMARY DENTAL P 3,972.25 213044 8/31/2009 010303 COOL GUY GEAR LLC, 1,368.75 7/2/2009 22378 PD-SPECIAL THREATS PLATES 1,368.75 213045 8/31/2009 008445 COPIERS NORTHWEST INC, 840.57 8/4/2009 50838 IT-PRINTERlTONER SUPPLIES 32.41 8/4/2009 50838 IT-PRINTERlfONER SUPPLIES 145.85 8/4/2009 50838 IT-PRINTER/TONER SUPPLIES 145.85 Bank of America Page 3 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8/3/20�9' 50819 IT-PRINTER/TONER SUPPLIES 33.92 8/3l2009 50819 IT-PRINTER(fONER SUPPLIES 152.65 8/3/2009 50819 IT-PRINTERlTONER SUPPLIES 152.66 8/6/2009 50862 IT-PRINTER/TONER SUPPLIES 17.72 8/6/2009 50862 IT-PRINTER/TONER SUPPLIES 79.75 8/6/2009 50862 IT-PRINTERlTONER SUPPLIES 79.76 213046 8/31l2009 000721 CORLISS RESOURCES INC, 7,009.04 8/6/2009 219426 PW-CONCRETE SUPPLIES 183.90 8/6/2009 219426 PW-CONCRETE SUPPLIES 183.90 8/10/2009 219757 SWM-44TH SW P/UP 180.82 8/5/2009 219337 SWM-CONCRETE SUPPLIES 310.54 8/11/2009 219812 SWM-QUARRY SPALLS P/UP 149.88 213047 8/31l2009 009696 CRESTWOOD ANIMAL HOSPITAL, 574.83 8/10/2009 8675 PD-K9 ROSCOE MEDICAL CARE 304.88 S/18/2009 8832 PD-K9 FAX MEDICAL CARE 209.95 213048 8/31/2009 011315 CROP PRODUCTION SERVICES, INC, 2,578.94 7/24/2009 203575 PKM-FERTILIZER FOR CEL.PK./INV 2,058.60 7/20/2009 203480 PKM-ATHLETIC LIME/INV#203480 260.17 7l20/2009 203480 PKM-ATHLETIC LIME FOR CEL.PK./ 260.17 213049 8/31/2009 008766 CRYSTAL CARPET CARE, 1,190.00 6/18/2009 61709 DBGCARPET CLEANING SVC 1,190.00 213050 8/31/2009 005782 CSDC SYSTEMS INC, 4,413.75 8/4/2009 775 AMANDA DEVELOPMENT AND CONDI 2,475.00 8/4/2009 775 PRODUCTAWARENESSWALKTHROI 1,938.75 213051 8/31/2009 009505 D& L SUPPLY AND MFG., INC, 264.95 8!6/2009 252930 PKM-TOILET REPAIR PARTS/INV#25 264.95 213052 8/31/2009 000168 DAILY JOURNAL OF COMMERCE INC, 187.20 8/3/2009 3221671 MSHRSCORE DIRECTOR AD RFP 187.20 213053 8/31/2009 011683 DAN'S SERVICE INC, 141.25 8/19/2009 22227 DBC-ICE MACHINE REPAIR 141.25 213054 8/31/2009 701985 DAWN, 8/20/2009 2ND QTR 2009 8/20/2009 2ND QTR 2009 A 8/20/2009 2ND QTR 2009 B 213055 8/31/2009 005922 DEX MEDIA WEST, 8/6/2009 103090420 213056 8/37/2009 213057 8/31/2009 213058 8/31/2009 213059 8/31 /2009 213060 8/31/2009 213061 8/31/2009 008039 DMX MUSIC, 8/1/2009 A275749 005341 DODD, ESCOLASTICA ROSA 8/11/2009 08/11/09 8/18/2009 08/18/09 000939 DS WATERS OF AMERICA, LP, 8!1/2009 080929241125236027 8/1/2009 080929241185236041 8/1/2009 080929241185236041 8/1/2009 080929241245236050 8/1/2009 080929241345236069 8/1/2009 080929241345236069 000570 EAGLE TIRE AUTOMOTIVE (DBA), 8/7/2009 1069644 8!7/2009 1069644 8/5/2009 1069581 8/1/2009 1069540 8/1l2009 1069540 8/1 /2009 1069543 8/3/2009 1069557 011128 ECKERT, STACY 8/4l2009 ECKERT 2009 8/11/2009 ECKERT 2009 000328 ERNIE'S FUEL STOPS (DBA), 8/15l2009 0314614 8/15/2009 0314615 CDHS-AG09-083 DV CRISIS LINE- CDHS-AG09-085 COMMUNITY ADVOC CDHS-AG09-086 CONTINUUM HOUSI� PKDBC-(8/09) DIRECTORY ADS- IT- ALL DIGITAL MUSIC MGINTERPRETER SVCS MC-INTERPRETER SVCS PKKFT-WTR/CL RNTL ACCT#2924112 PKCP-WTR/CLR RNTL ACCT#2724118 PKCP-WTR/CLR RNTL ACCT#2724118 PKDBC WATER/RNT #2924124 52360 FWCC-WATER STOCK FOR RESALE FWCC-WATER STOCK FOR RESALE PD-BRAKE SERVICE PD-TIRES PD-ELECTRICAL WORK MSFLT-BRAKE SERVICE MSFLT-TIRE REPAIR MSFLT-BRAKE SERVICES PD-TIRE SERVICE PD-TUITION REIMB S ECKERT PD-BIKE SHOES S ECKERT MSFTL FUEL CHARGES 7/31-8/15/0 SIU PD-VEH. FUEL CHRG. 7/31-8/ 6,750.00 500.00 1,250.00 5,000.00 617.29 617.29 58.44 58.44 377.62 173.31 198.31 355.44 13.14 20.96 13.14 29.61 61.29 217.30 2,215.13 652.44 87.60 159.02 954.67 59.31 280.86 21.23 1,717.49 1,008.00 109.49 14,971.13 4,540.33 754.95 Bank of America Page 4 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8/15/2009 0314615 PD-VEH. FUEL CHRG 7/31-8/15/09 9,675.85 213062 8/31/2009 000328 ERNIE'S FUEL STOPS (DBA), 6,053.75 7/31l2009 0313686 MSFLT-FUEL CHARGES 7/15-7/31/0 6,053.75 213063 8/31/2009 002227 ETTINGER, ROBERT 149.93 8/21/2009 ETTINGER 2009 DBC-6/09 8l09 ETTINGER REIMB 149.93 213064 8/31/2009 001748 EVERSON'S ECONO-VAC INC, 9,678.67 7/1/2009 063671 SUNN-AG08-061 MAINT/SERVICE- 9,186.67 7/31/2009 063651 SWM-VACUUM SEWER REPAIR 492.00 213065 8/31/2009 006645 EXPRESS TOWING LLC, 145.10 8/12/2009 10150 PD�09-10057 VEHICLE TOWING 145.10 213066 8/31/2009 011674 FARLEY, PAUL 44.33 8!7/2009 660200 FWCC-7/09 PMT REFUND CANCEL 44.33 213067 8/31/2009 005820 FASTSIGNS, 634.05 7l22/2009 370-14531 PRCS-EVENT BANNERS 145.09 7/21/2009 370-14518 PARKS-FIELD ALUMINUM SIGN 488.96 213068 8/31/2009 000217 FEDERAL EXPRESS CORPORATION, 128.87 8!7/2009 9-288-85840 PD-DOCUMENTS EXPRESS DELIVERI 128.87 213069 8/31/2009 011672 FEULING, DANETTE 500.00 8/12/2009 663073 FWCC-DAMAGE DEPOSIT REFUND 500.00 213070 8/31/2009 010114 FICHTNER, THOMAS 138.67 8/20/2009 FICHTNER 2009 IT-CDR'S, CANNED AIR, BATTERIE 138.67 213071 8/31/2009 005213 FIFE PRINTING, 1,128.51 7/37/2009 19192 MGCONDITION OF RELEASE FORMS 1,128.51 213072 8/31I2009 010305 FIRST STUDENT, 2,137.00 8l19l2009 10270793 PRCS-AUGUST 5 FIELD TRIP 1,033.00 8/19/2009 10270793 PRCS-DAY CAMP TRIP AUGUST 12 1,104.00 213073 8/31/2009 008860 FOOD SERVICES OF AMERICA, 2,782.98 8/18/2009 1522354 PKDBC-CATERING SUPPLIES 1,292.24 8/12/2009 1507803 PKDBC-CATERING SUPPLIES 1,490.74 213074 8/31/2009 005541 FRIENDS OF HYLEBOS WETLANDS, 2,366.00 8/6/2009 54 CM-AGO&036 FRIENDS OF HYLEBOS 2,366.00 213075 8/31/2009 007404 FULLER, MICHELLE M 125.50 8/21/2009 OS/21/09 MC-INTERPRETER SVCS 125.50 213076 8/31/2009 011675 GALLIANO, ENRICO 975.50 8/13/2009 05-02159 REFUND CD-05-02159 REFUND PERMIT FEES 455.50 8/13/2009 05-02159 REFUND CD-05-02159 REFUND PERMIT FEES 476.00 8/13/2009 05-02159 REFUND CD-05-02159 REFUND PERMIT FEES 44.00 213077 8/31/2009 010940 GOODYEAR WHOLESALE TIRE CNTR, 7,004.44 7/29l2009 134502 MSFLT-TIRES 463.93 7/27/2009 134437 PD-TIRES FOR INVENTORY 540.51 213078 8/31/2009 004824 GOS PRINTING CORPORATION, 176.48 8/11/2009 73075 PD-NOTICE OF TRAFFIC SCHL FORM 176.48 213079 8/31/2009 002574 GRAHAM DUNN, P.C., 4,522.50 8/72/2009 291366 LAW-SR99 HOV LANES PHASE IV- 4,522.50 213080 8/31/2009 002547 GRAINGER INC, 121.15 7/28/2009 9043816579 FWCC-HEX RETHREADING BOLT DIE 32.18 7/31l2009 832719462 PKM-MOTOR BELT/INV#6046589009 88.97 213081 8/31l2009 002590 HACH COMPANY, 61.74 8/10/2009 6359070 SWM WATER QUALITY SUPPLIES 61.14 213082 8/31/2009 011678 HARLAN, SUE 335.00 8/18/2009 666139 PRCS-REFUND SR. TRIP FEE 335.00 213083 8/31l2009 001487 HEWLETT-PACKARD COMPANY, 4,070.12 8/17/2009 46374583 RR PH III LAPTOPS- 3,610.22 7/28/2009 46296819 RR PH III DOCKING STATIONS- 459.90 213084 8/31/2009 007881 HODGE, THADDEUS 1,008.00 8/12l2009 HODGE 2009 PD-TUITION REIMB HODGE 1,008.00 273085 8/31l2009 009785 HOWARD, TODD 250.00 8/11/2009 80 CM-AG09-003 CONFLICT DEFENDER 250.00 213086 8/31/2009 000774 IAAP-INTERNATIONAL ASSOCIATION, 164.50 5/3/2009 331001 CD-IAAP DUES K. HESLIN 76.00 6/1/2009 331190 PIETY CD-IAAP DUES T. PIETY 88.50 213087 8/31/2009 000016 IKON OFFICE SOLUTIONS, 152.13 Bank of America Page 5 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8/5/2009 5012079920 IT- ALL FAX MAINT. 7.61 S/5/2009 5012079920 IT- ALL FAX MAINT. 76.07 8/5/2009 5012079920 IT-ALL FAX MAINT. 68.45 213088 8/31/2009 005757 INST{TUTE FOR FAMILY, 1,090.00 8/20/2009 2ND QTR 2009 CDHS-AG09-073 PACT PROG:- 1,090.00 213089 8/31/2009 007109 INTERCOM LANGUAGE SVCS, 962.10 8/9l2009 09-324 MC-INTERPRETER SVCS 962.10 213090 8l31/2009 010737 INTERWEST DEVELOPMENT NW INC, 91.02 7/23/2009 58631 PKM-GARDEN SOIULANDSCAPE 91.02 213091 8/31/2009 001133 IPMA-HR INTL PUBLIC MGMT ASSO, 515.53 7!6/2009 2415628 MSHR-RETURN 19 PST-80 TEST. MA -159.22 S/11/2009 24155451 MSHR-PST 80 TESTING MATL 674.75 213092 8/31/2009 003211 IRON MOUNTAIN/SAFESITE INC, 2,065.15 7/31/2009 APX8774 MSC-7/09 RECORDS STORAGE SVC 2,065.15 213093 8/31/2009 009730 JACK, DRISKELL J 110.45 8/11/2009 08/11/09 MC-INTERPRETER SVCS 110.45 213094 8l31/2009 008504 KAPAN-KENT CO INC, 1,219.65 8/3/2009 0081076-IN PD-EXPLORER MUGS 1,219.65 213095 8/31/2009 011445 KENT YOUTH FAMILY SVCS, 1,250.00 8/20/2009 2ND QTR 2009 CDHS-AG09-O68 SUBSTANCE ABUSE 1,250.00 213096 8/31/2009 004770 KENYON DISEND, PLLC, 364.13 7/31/2009 11868 LAW-AG 07-082 LEGAL SERVICES- 364.13 213097 8/31/2009 011501 KIDZ LOVE SOCCER INC, 2,713.50 8/712009 2009SU-F159 FWCC-AG09-155 YOUTH SOCCER- 2,713.50 213098 8131/2009 000125 KING COUNTY FINANCE DIVISION, 69.11 8/6/2009 1538161 PWST-7/09 ALGONA TS-SOLID WAST 69.11 213099 8/31/2009 005568 KING COUNTY FLEET ADM DIVISION, 735.69 8/4/2009 204486 PWST-LUTE HANDLE WOOD 66" 85.79 8/4/2009 204486 MSFLT-KNIFE BOOT ALAMO 597.92 8/7/2009 1534956 PKM-SIGN INSTALLATION/INV#1534 51.98 213100 8/31/2009 002128 KLEINS COMMERCIAL DOOR SERVICE, 1,354.39 9/18/2009 2389 FWCGREPLC INSULATED WINDOW l 830.56 8J5/2009 2384 DBC-REPAIR ENTRY GATE 137.97 7/30/2009 2383 FWCC-REPAtR DOOR GLASS 385.86 213101 8/31/2009 003374 KLINGELE, BRYAN 1,008.00 8/16/2009 KLINGELE 2009 PD-TUITION REIMB KLINGELE 1,008.00 213102 8/31l2009 001456 KUSTOM SIGNALS INC, 43.85 5/14/2009 390620 PD-RADAR REPAIR SUPPLIES 43.85 213103 8/31/2009 009387 L& S TIRE COMPANY, 37.99 8/3/2009 40540 SWM-TIRE SERVICES 37.99 213104 8/31/2009 000096 LAKEHAVEN UTILIN DISTRICT, 2,539.69 8/4/2009 6105008 FWCC- 2YR MAINT. PERIOD INSPEC 79.29 8l14/2009 1941803 CM-WATER CHARGES MAY/JUNE 90.58 8/14/2009 1941803 CM-SEWER CHARGES MAY/JUNE 22.22 8/14/2009 1946803 CM-WATER CHARGES MAY/JUNE 18.26 8/14/2009 2049903 PARKS-FAG WATER CHARGES MAY/. 554.08 8/14/2009 2832301 PARKS-FAGWATER CHARGES MAY/J 60.86 8/14/2009 2984001 PARKS-FAC-WATER CHARGES MAY/J 16.44 8/14/2009 3278301 PWST-WATER CHARGES MAY/JUNE 211.56 8l14/2009 3336101 PWST-WATER CHARGES MAY/JUNE 210.06 S/14/2009 3364101 PWST-WATER CHARGES MAY/JUNE 759.74 8/14/2009 3488801 PWST-WATER CHARGES- MAY/JUNE 16.44 8/14/2009 3540301 PWST-WATER CHARGES MAY/JUNE 16.44 8/14/2009 3545101 PWST-WATER CHARGES MAY/JUNE 351.32 8/14/2009 460602 PARKS-FAGWATER CHARGES MAY/J 319.90 8/74/2009 460602 PARKS-FAGSEWER CHARGES MAY/J 304.46 8/14/2009 482303 PWST-WATER/SEWER CHARGES MA` 38.66 8/14/2009 482405 PWST-WATER/SEWER CHARGES MA` 69.38 213105 8/31/2009 011688 LARSEN, LARRY 31.00 7/21/2009 649544 PRCS-REFUND DUE TO DR. APPT. 31.00 213106 8/31/2009 011671 LAUNIUAVO, SELAU 500.00 8/72/2009 663074 FWCC-RENTAL DEPOSIT REFUND 500.00 Bank of America Page 6 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 213107 8/31l2009 003157 LES SCHWAB TIRE CTRS OF WA INC, 26.50 7/8/2009 387453 MSFLT-TIRE REPAIR 13.63 7/27/2009 419948 MSFLT-TIRE REPAIR 12.89 7/27/2009 419948 MSFLT-TIRE REPAIR -0.02 213108 8/31/2009 000630 LLOYD ENTERPRISES INC, 202.21 7/28/2009 132343 PWST-ASPHALT 50.97 7/29/2009 132388 PWST-ASPHALT MIX 21.90 7/20/2009 132118 SiMUI-DUMP SOD 97.45 8/10l2009 132769 S1NM-DUMP ASPHALT 37.89 213109 8/31l2009 005339 LOWE'S HIW INC, 564.87 8/10/2009 02706 PWST-FOAM GAPS CRACK MATL 109.50 8l10/2009 02713 PWST-PVC BALL VALVE 9.55 8/7/2009 23134 FWCC-REPAIR/MAINTENANCE SUPPL 11.95 8/6/2009 01978 PKM-MAGNETIC PICKUP 19.64 8/5/2009 14080 PKM-CARPET NOTCHING TOOL 17.34 8/5/2009 15675 FWCC-BATTERIES, WASHERS 51.57 8/5/2009 02890 PWST-FOAM GAPS CRACK MATL 8.50 8/5/2009 02899 PWST-FOAM GAPS CRACK MATL 101.97 8/4/2009 14758 FWCC-REPAIR/MAINTENANCE SUPPL 37.13 8/13/2009 02283 PKM-MIDGET TUBING CUTTER 22.36 8l13/2009 14520 PKM-10 OZ SILICONE II (12 QTY) 77.54 8/17/2009 02935 PKM-POLY SELF LEVELING 37.71 8/12/2009 14333 PKCP-TISSUE ROLLER 10.90 6/25/2009 02118 PKM-LANDSCAPE ANNUALS 49.21 213110 8/31/2009 007805 MAC DONALD-MILLER FACILITY, 547.28 8/7/2009 929728 CH&COMPRESSOR REPAIRS 547.28 213111 8/31/2009 005043 MACHINERY POWER EQUIPMENT CO, 959.48 7/22/2009 32002945-0001 SWM-BUCKET RENTAL ST LK POND 959.48 213112 8/31/2009 011636 MALONEY, KELLY 1,000.00 8/13/2009 01 CDHS-RETREAT FACILITATION 1,000.00 213114 8/31/2009 009851 MARTIN, CHRIS 945.00 8/16/2009 MARTIN 2009 PD-TUITION REIMB C MARTIN 945.00 213115 8/31/2009 005406 MAYBERRY, MITCHEL 1,200.00 8/21/2009 SUMMER 2009 PRCS-AG09-161 MARTIAL ARTS CLA 1,200.00 213116 8l31/2009 004182 MCDONOUGH SONS INC, 196.88 8/17/2009 165138 PWST-AG09-008 STREET SWEEPING- 91.00 8/10/2009 164848 PARKS-AG06-027-PARKING LOT CLE 105.88 213117 8/31/2009 010256 MCMASTER-CARR, 66.68 8/7/2009 34909252 FWCGBALL BEARINGS 46.75 8/4/2009 34589258 FWCGFLAT WASHERS 79.93 213118 8/31/2009 005176 MERINO STRAWE, BETTY 324.60 8/11/2009 08/11/09 MC-INTERPRETER SVCS 156.05 8/18/2009 08/18l09 MGINTERPRETER SVCS 168.55 213119 8/31/2009 011685 MICKELSEN, CHRISTOPHER 1,008.00 8/20/2009 MICKELSEN 2009 PD-TUITION REIMB MICKELSEN 1,008.00 213120 8/31/2009 001793 MICROFLEX INC, 13,938.29 8/7/2009 00018734 MSA-TAX AUDIT PROGRAM 73,938.29 213121 8/31/2009 011673 MILLER, ROBERT L 44.17 8/12/2009 663072 FWCGREFUND JULY PMT 44.17 213122 8/31/2009 005004 MORRIS HANSEN ENTERPRISES INC, 1,350.00 7l24/2009 26060 CHB-WINDOW CLEANING SVCS 1,350.00 213123 8/31/2009 010908 MORRIS, JAMES R 1,000.00 5/26/2009 MAY 26, 2009 CM-BUDS BLOOMS CISCOE MORF 1,0�.00 213124 8/31/2009 000228 MULTI-SERVICE CENTER, 24,725.00 8/20/2009 2ND QTR 2009 B CDHS-AG09-063 LITERACY PROGRAh 2,500.00 8/20/2009 2ND QTR 2009 CDHS-AG09-064 TRANSITION HOUSI 9,500.00 8/20/2009 2ND QTR 2009 CDHS-AG09-064 TRANSITION HOUSI 5,950.00 8/20/2009 2ND QTR 2009 A CDHS-AG09-062 FOOD/CLOTHING BA 6,775.00 213125 8/31/2009 017446 MY SERVICE MIND, 2,500.00 8/20/2009 2ND QTR 2009 A CDHS-AG09-075 KOREAN SR SVCS- 1,250.00 8/20/2009 2ND QTR 2009 CDHS-AG09-074 UKRAINIAN SR SVC 1,250.00 213126 8/31/2009 001052 NAPA AUTO PARTS, 292.04 Bank of Amer Page 7 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8/21/2009 030753 PKCP-CONTROL BOXES FUSES 4.34 7/2/2009 027502 SWM-RETURN EXCHANGE GAS CAP -0.25 7/20/2009 029111 MSFLT-TERMINAL CABLE 68.51 7l29/2009 030113 MSFLT-V-BELTS 20.54 7/30/2009 030146 MSFLT-V-BELT 12.27 8/5/2009 030754 PKCP-CONTROL BOXES FUSES 16.26 8/6/2009 030804 MSFLT-TRACTOR FLUID 37.22 8!4/2009 030678 MSFLT-LIQUID CAR WASH 5.46 8/12/2009 031393 PKCP-SHOP TOWELS, 30.01 8/12/2009 031432 PKCP-AIR FILTER 23.47 8/12/2009 031454 MSFLT-V-BELT 74.21 213127 8/31/2009 003868 NATIONAL BARRICADE COMPANY INC, 2,252.27 8/10/2009 169344 MSFLT-REPAIR HARNESS CABLE 596.63 7/31/2009 169101 MSFLT-NEW BATTERIES, CLEAN CAB 1,655.64 213128 8/31/2009 000043 NEW LUMBER HARDWARE COMPANY, 483.48 7/31/2009 238857 PARKS-CELEB PK- PAINT STRAINER 10.31 8/13/2009 239278 PARKS-FAC- OSI, POWER EXT BAR 21.58 8/13l2009 239279 PWST-BRASS COUPLINGS 1.76 8!7/2009 239107 PARK-MNT OFF- TAPE MEASURE, TR 46.26 8/7/2009 239116 PARKS-MNT OFF- WHITE TRAFFIC M 68.89 8!1/2009 239123 PWST-TAPE MEASURE 55.16 8/10/2009 239166 PWST- VALVE, CORNER IRON 30.48 8/12/2009 239252 PARKS-GRND MNT- FLAT BLK ENAME 7.67 8/12/2009 239259 PWST-BRASS COUPLINGS, FITTINGS 17.30 8/14/2009 239315 PARKS-GRND MNT- GLOSS ENAMEL I 5.88 8/13/2009 239280 PWST- HOSE FITTINGS 3.93 8/13/2009 239282 FWCGPREMIXED GROUT 22.66 8/13/2009 239283 PARKS-FAC- STEEL CUT OFF WHEEL 15.75 8/17/2009 239362 PWST-BROOM, RUBBER STRAPS 56.23 8/17/2009 239390 PWST-RAGS IN A BOX, GLASS CLEA 8.55 8/17l2009 239395 PWST-PAINT 15J2 8/5/2009 239017 PARKS-FAC- FLUOR. BULBS 13.79 8!5/2009 239046 PARKS-GRND MNT- CONCRETE 22.92 8/6/2009 239058 SWM-CONCRETE 6.55 8/6l2009 239067 PARKS- GRND MNT- PAINT 26.38 8/6/2009 239083 PARKS-GRND MNT- PLUMBERS PUTT 31.71 213129 8/31/2009 000877 NIEMEN GLASS COMPANY, 302.22 7/30/2009 10194 PWST-BRONZE TEMPERED GLASS F( 302.22 213130 8/31/2009 003138 NORMED, 213131 8/31/2009 213132 8/31 /2009 213133 8/31/2009 213134 8/31/2009 213135 8/31/2009 213136 8/31/2009 213137 8l31/2009 213138 8/31/2009 213139 8/31/2009 213140 8/31/2009 8/18/2009 40574-571970 011147 NORTHLAND SYSTEMS, INC, 8/7/2009 17691 011684 NORTHWEST GARDEN NEWS, 4/2/2009 22170 009341 OMNI LANDSCAPE SERVICES, 8/1/2009 36443 8/1/2009 36443 007444 ORCA PACIFIC INC, 8/6/2009 040481 7/30/2009 040336 8/13/2009 040640 009526 OREGON MILITARY DEPT., 8/10/2009 ARRC1266 000504 ORIENTAL GARDEN CENTER, 8/6/2009 36180 8/4/2009 36132 009920 OSAKA GARDEN SERVICE, INC, 8/1 /2009 25289 005741 OUTCOMES BY LEVY, 7/31/2009 JULY 2009 006440 PAPE MACHINERY INC, 7/29/2009 2124989 001814 PARAMETRIX INC, PRCS-FIRST AID SUPPLIES FOR SU HP 300 GB U32015K UTRA SCSI D CM-BUDS BLOOMS COLOR AD PARK-AG08-065 LANDSCAPING MAIN PARK-AG08-065 LANDSCAPING MAIN FWCC-AG09-020 POOL CHEMICALS M FWCC-AG09-020 POOL CHEMICALS M FWCC-AG09-020 POOL CHEMICALS M PD-CAMP RILEA MEALS WILCOX PWST-MAINTENANCE/REPAIR SUPPL PKCP-HULA HOE PWST-AG07-010 7/09 ROW LANDSCA CM-AG03-191:7/09 LOBBYIST SVCS MSFLT-REPAIR/MAINT. SERVICES- 69.80 69.80 8,649.00 8,649.00 798.00 798.00 4,294.70 810.41 3.484.29 1,713.79 423.64 698.16 591.99 83.47 83.47 703.16 40.10 63.06 22,608.01 22,608.01 4,566.74 4,566.74 208.74 208.74 8,079.59 Bank of America Page 8 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8/5/2009 03-48670 PWST-AG05-181 S 348TH ST. AT 1 2,058.37 8/10/2009 03-48682 PW-AG08-007 CITY CNTR ACCESS- 6,021.22 213141 8l31l2009 000885 PARKER PAINT MANUFACTURING CO, 176.28 8/10/2009 22247907 CD&GRAFFITI PAINT SUPPLIES 176.28 213142 8/31/2009 001794 PETE'S TOWING SERVICE, 1,390.65 7/29l2009 340297 MSFLT-TOWING SVC 1,390.65 213143 8J31/2009 001166 PETTY CASH FWCC, 285.40 8/20/2009 FWCC-8/20/09 PRCS-SAFEWAY, ROOT BEER FOR CI 7.23 8/20/2009 FWCC-8/20/09 PRCS-BOWLING FOR FIT CAMP 12.00 8/20/2009 FWCC-8/20l09 PRCS-BOWLING FOR FIT CAMP 12.00 8/20/2009 FWCC-8/20/09 PRCS-MILEAGE REIMBURSEMENT 18.80 8/20/2009 FWCC-8/20/09 PRCS-MILEAGE REIMBURSEMENT 6.05 8/20/2009 FWCC-8/20/09 PRCS-FOOD FOR DAY CAMP 29.61 8/20/2009 FWCC-8/20/09 PRCS-PETROSUN FUEL FOR TRIP �2 25.00 8/20/2009 FWCC-8/20/09 PRCS-NAPA AUTO PARTS FOR VAN 14.02 8/20/2009 FWCG8/20/09 PRCS-NAPA AUTO PARTS FOR VAN 11.61 8/20/2009 FWCC-8/20/09 PRCS-MILEAGE REIMBURSEMENT 33.26 8/20/2009 FWCC-8/20/09 PRCS-MILEAGE REIMBURSEMENT 33.52 8/20/2009 FWCC-8/20/09 PRCS-SUPPLIES FOR DAY CAMP 42.67 8/20/2009 FWCC-8/20/09 PRCS-JOANN'S, CORD FOR CULTURE 10.94 8/20/2009 FWCC-8/20/09 PRCS- BLACK MARKET, BEADS FOR 15.00 8/20/2009 FWCC-8/20/09 PRCS-BLACK MARKET FOR CULTURE 13.69 213144 8/31/2009 006241 PETTY CASH-POLICE DEPT, 269.31 8/24/2009 PD-8/24/09 PD-REFRESHMENTS FOR- 3.00 8/24/2009 PD-8/24/09 PD-COFFEE FOR VOLUNTEER- 72.49 8/24/2009 PD-8/24/09 PD-COFFEE FOR VOLUNTEER- 45.22 8/24/2009 PD-8/24/09 PD-LIONS CLUB SCHOLARSHIP- 20.00 8/24/2009 PD-8/24/09 PD-FEDERAL WAY CHAMBER- 15.00 8/24/2009 PD-8/24/09 PD-FEDERAL WAY CHAMBER- 15.00 8/24/2009 PD-8/24/09 PD-5.11 PANTS FOR FIREARMS- 43.79 8/24/2009 PD-8/24/09 PD-COFFEE, SNACKS FOR- 21.97 8/24/2009 PD-8/24/09 PD-FAN-A/C NOT VUORKING IN- 32.84 213145 8/31/2009 007059 PHELPSTIRE CO, 386.71 7/31/2009 803055 MSFLT-TIRE REPAIR SVCS 271.94 8/13/2009 803260 MSFLT-TIRE REPAIR SVCS 114.77 213146 8/31/2009 003537 PIERCE COUNTY SECURITY INC, 1,425.00 8/6/2009 196656 PARKS-AG06-056 PARK CLOSING 150.00 8/6/2009 196714 PARKS-AGO6-056 PARK CLOSING 250.00 8/6/2009 196762 PARKS-AG06-056 PARK CLOSING 150.00 8/6l2009 196809 PARKS-AGO6-056 PARK CLOSING 250.00 8/6/2009 196812 PARKS-AGO6-056 PARK CLOSING 150.00 8/6/2009 196862 PARKS-AG06-056 PARK CLOSING 175.00 8/6/2009 196867 PARKS-AG06-056 PARK CLOSING 150.00 8/6/2009 196931 PARKS-AGO6-056 PARK CLOSING 150.00 213147 8/31l2009 000808 PLATT ELECTRIC SUPPLY, 1.13 7/30/2009 6451733 FWCC-HEAT SHRINK TUBING 1.13 213148 8/31/2009 004389 PNTA-PACIFIC NORTHWEST THEATRE, 82.92 8/5/2009 01-7012179-0 PKKFT-THEATRE LIGHTING PETER F 82.92 213149 8/31/2009 004680 PON, KEITH 8/11/2009 PON 2009 213150 8/31/2009 001411 POSTAL EXPRESS INC, 7/31l2009 BM29071004 7/31/2009 BM29071004 7/31/2009 BM29071004 7/31/2009 BM29071004 7/31/2009 BM29071004 7/31/2009 BM29071004 213151 8/31/2009 005583 PRAXAIR DISTRIBUTION INC, 7/31/2009 33877050 213152 8/31/2009 010522 PROTECTION TECHNOLOGIES INC, 7l31/2009 33877050 213153 8l31/2009 000512 PUGET SOUND BUSINESS JOURNAL, 7/31l2009 4000506281 PD-TUITION REIMB PON CH/PS/MC- 7/09 COURIER SVC CH/PS/MG 7/09 COURIER SVC CH/PS/MG 7/09 COURIER SVC CH/PS/MG7/09 POSTAGE CHRS CH/PS/MG7/09 POSTAGE CHRS CH/PS/MG7/09 POSTAGE CHRS PKM-GAS FOR FIELD SPRAYEWINV# PKM-CSI DOOR SECURITY ISSUE/IN MSHR-SCORE RFP LEGAL NOTICE 1,760.00 1,760.00 6,019.40 1,399.68 298.60 167.96 2,873.69 440.23 839.24 27.91 27.91 319.73 319.73 252.00 252.00 Bank of America Page 9 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 213154 8/31/2009 000057 PUGET SOUND ENERGY INC, 50,784.86 8/17/2009 250-275-0389 PWTR-8/09 106SW CAMPUS DR. 107.56 8/19/2009 PARKS 2009 08 PKF-200908 2645 S 312TH SEWER 10.92 8/19/2009 PARKS 2009 08 PKF-200908 2700 SW 340TH ALDER 10.00 8l19/2009 PARKS 2009 08 PKF-200908 281561/2 24TH HERI 27.01 8/19/2009 PARKS 2009 08 PKF-200908 31104 28TH AVE S HA 20.76 S/19/2009 PARKS 2009 08 PKF-200908 31104 28TH AVE S HA 20.32 8/19/2009 PARKS 2009 08 PKM-200908 31132 28TH AVE STLK 372.47 8/19/2009 PARKS 2009 08 PKM-200908 31132 28TH AVE S ST 41.56 8/19/2009 PARKS 2009 08 PKM-200908 31207 28TH AVE SKAT 10.00 8/19/2009 PARKS 2009 08 DBC/KFT-200908 3200 SW DASH PT 1,457.79 8/19/2009 PARKS 2009 08 DBC/KFT-200908 3200 SW DASH PT 718.01 8/19/2009 PARKS 2009 08 DBC/KFT-200�8 3200 SW DASH PT 207.22 8/19/2009 PARKS 2009 08 DBC/KFT-200908 3200 SW DASH PT 102.06 8/19/2009 PARKS 2009 08 PKF-200908 3273017TH AVE SW A 10.00 8/19/2009 PARKS 2009 08 CH&200908 33325 STH AVE Z0045 13,444.49 8l19/2009 PARKS 2009 08 PKF-200908 3391419TH AVE SAG 4,009.85 8l19/2009 PARKS 2009 08 PKF-200908 34915 4TH AVE MARKK 12.14 8/19l2009 PARKS 2009 08 PKF-200908 34915 4TH AVE S PAL 10.00 8/19/2009 PARKS 2009 O8 PKF-200908 600 S 333RD EVID. B 474.74 8/19/2009 PARKS 2009 08 PKF-200908 600 S 333RD EVID BL 32.42 8/19/2009 PARKS 2009 08 FWCC-200908 876 S 333RD Z00280 14,845.23 8/19/2009 PARKS 2009 08 FWCC-200908 876 S 333RD 000845 5,216.17 8/19/2009 PARKS 2009 08 FWCC-200908 876 S 333RD ST. LI 82.77 8/19/2009 PARKS 2009 08 PKCP-200908 S 324TH BLDG A- 2,774.90 8l19/2009 PARKS 2009 08 PKCP-200908 S 324TH BLDG B- 2,493.59 8/19/2009 PARKS 2009 08 PKF-200908 7TH AVE HISTORICAL 29.89 8/19/2009 PARKS 2009 08 PKF-200908 7TH AVE HISTORICAL 8.07 8/19/2009 PARKS 2009 08 PKF-200908 21 ST AVE LAKOTA RR 75.20 8/19/2009 PARKS 2009 08 PKF-200908 2410 S 312TH STLK S 23.11 8/19/2009 PARKS 2009 08 PKF-200908 SAC PARK RR FIELD L 2,402.65 8/19/2009 PARKS 2009 08 PKF-200908 1 ST AVE CAMPUS DR 27.74 8/19/2009 PARKS 2009 08 PKM-200908 2410 S 312TH BEACH 283.70 8/19/2009 PARKS 2009 08 PKM-200908 2410 S 312TH STORAG 13.70 8/19/2009 PARKS 2009 08 PKM-200908 2410 S 312TH WOODSH 59.57 8/19/2009 PARKS 2009 08 PKF-200908 2645 S 312TH ANX-RR 1,349.25 213155 8/31/2009 000139 PUGET SOUND FINANCE OFFICERS, 25.OQ 8/18/2009 2009-36 MSF-PSFOA MTG J. CLARK CANCE 25.00 213156 8/31/2009 007837 QUARTERMASTER, 20.49 8/4/2009 P648532101029 PD-WOOL CAPS AND BATCHES 20.49 213157 8/31/2009 000202 QWEST, 8/4/2009 253 835-0579 886R 213158 8/31/2009 004093 QWEST INTERPRISE, 8/4/2009 114617 8/4/2009 114617 8/4l2009 114617 213159 8/31/2009 005939 RIGHT BRAIN UNLIMITED LLC, 7l21 /2009 31971 7/21 /2009 31971 213160 8/31/2009 008954 ROSE, HOLLY 8/3/2009 ROSE 2009 E 8/17/2009 ROSE 2009 8/17/2009 ROSE 2009 A 8/17/2009 ROSE 2009 B 8/17/2009 ROSE 2009 C 8/17l2009 ROSE 2009 D 8/17/2009 ROSE 2009 F 8/17/2009 ROSE 2009 G 213161 8/31/2009 001130 ROTARY OFFSET PRESS INC, 7/31 /2009 42013 213162 8/31/2009 009297 ROTH HILL ENGINEERING PARTNERS, 8/18/2009 96770 213163 8/31/2009 011455 ROZ TUNER ASSOCIATES, IT-MC-B/09 FAX MACHINE JUDGES IT-CISCO SMARTNET ENHANCED 8X5 IT-CISCO SMARTNET ENHANCED 8X5 IT-CISCO SMARTNET ENHANCED 8X5 PKM-DOG WASTE BAGS/DISPENSER; PKM-DOG WASTE BAGS/DISPENSER; PKKFT-THEATRE SUPPLIES PKKFT-5/09-8/09 MILEAGE H ROSE PKKFT-COSTUME SUPPLIES PKKFT-COSTUME SUPPLIES PKKFT-COSTUME SUPPLIES PKKFT-THEATRE PROPS PKKFT-THEATRE PROPS PKKFT-CUSTOME SUPPLIES PRCS-PRINTER SERVICES FOR BRO( SWM-AG07-166 EASTER LAKE FLOOC 26.00 26.00 1,742.1 S 836.25 618.83 87.10 7,098.78 138.78 960.00 1,002.55 58.53 97.90 331.03 768.43 103.08 152.78 60.21 30.59 7,364.37 7,364.37 719.12 719.12 1,406.25 Bank of America Page 10 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8/17/2009 AUGUST 17, 2009 LAW-AG09-061 EXECUTIVE COACHIN 1,406.25 213164 8/31l2009 005508 SAFAROVA-DOWNEY, ALMIRA 275.60 8/21/2009 08/21/09 MC-INTERPRETER SVCS 125.30 8/18/2009 08/18/09 MC-INTERPRETER SVCS 150.30 213165 8/31/2009 003726 SAFEWAY STORE #1555, 90.73 8/21l2009 1899887 PRCS-SPORT NIGHT SUPPLIES 28.28 8/7/2009 1899880 PRCS-SMNR BBQ SUPPLIES 62.45 213166 8/31/2009 003772 SALLOUM, MARWAN 225.00 7/15/2009 SALLOUM 2009 PW-APWA CONF. SALLOUM 225.00 213167 8l31/2009 003174 SAN DIEGO POLICE EQUIPMENT CO, 1.16 8/7/2009 589451 PD-USE TAX INVOICE 589271 1.16 213168 8/31/2009 000351 SEATTLE TIMES, 36.00 7/26/2009 0963758 FWCGNEWSPAPER SUBCRIPTION 36.00 213169 8/31/2009 010962 SHARP BUSINESS SYSTEMS, 15.21 8/11/2009 00080167 IT-PK-COPIER RPR, MNT, SUP 15.21 213170 8/31/2009 010711 SIVER, CATRIONA 1,209.00 8/20/2009 SIVER 2009 PD-TUITION REIMB SIVER 1,209.00 213171 8/31/2009 005497 SKINNER, BILL 1,174.20 8/9/2009 SKINNER 2009 PD-TUITION REIMB SKINNER 1,008.00 8/2/2009 SKINNER 2009 PD-TASER CONF. B. SKINNER 55.00 8/2/2009 SKINNER 2009 PD-TASER CONF. B. SKINNER 50.00 S/2/2009 SKINNER 2009 PD-TASER CONF. B. SKINNER 61.20 213172 8/31/2009 000714 SKYHAWKS SPORTS ACADEMY, 2,773.85 7/27/2009 240920810 PRCS-SOCCERRENNIS CLASSES 971.10 7/31/2009 240921220 PRCS-TENNIS,BASKETBALL,BASEBAL 1,742.75 213173 8/31/2009 011691 SNOHOMISH COUNTY SHERIFF'S, 100.00 8/26/2009 REGISTER BENSEN PD-MOTORCYCLE TRNG M BENSEN 100.00 213174 8/31/2009 011062 SOUND HARLEY-DAVIDSON, 335.84 8/5/2009 16153 PD-WIRING REPAIRS 290.78 8/5/2009 16185 PD-REPAIR WIRING 45.06 213175 8/31/2009 004963 SOUND PUBLISHING INC, 2,650.00 6/30/2009 196244 FWCC-DISPLAY ADS 2,650.00 213176 8/31/2009 004963 SOUND PUBLISHING INC, 829.14 7/11/2009 246182 CDP-LUAlODNS LEGAL NOTICE 187.46 7/8/2009 245032 CDP-SAVIOR'S BAPTIST LEGAL NOT 129.78 7/25/2009 250265 CDP-LUA/ODNS S 352ND LEGAL NOT 210.53 7/25/2009 250267 CDP-DNS CITY CODE LEGAL NOTICE 118.24 7/29/2009 250915 CDP-COMP. PLAN LEGAL NOTICE 59.12 8/1/2009 252344 CDP- LIFEWAY CHURCH LEGAL NOTI 124.01 213177 8/31/2009 004963 SOUND PUBLISHING INC, 273.98 7/25/2009 250268 MSC-PUBLIC HEARING NOTICE 116.80 7/11/2009 246190 MSGORDINANCE SUMMARY NOTICE 62.07 7/25/2009 250262 MSGORDINANCE NOTICE 95.17 213178 8/31/2009 004910 SPACESAVER NORTHWEST, 275.39 8/13/2009 507081 CD-LASER PRINT COLOR-CODED LAE 275.39 213179 8/31/2009 001885 SPARKS CAR CARE, 2,758.03 7/30/2009 24334 MSFLT-HEAT/COOL SYSTEM 940.35 7/30/2009 24334 MSFLT-LOF 38.27 7/30/2009 24334 MSFLT-ELECTRICAL WORK 20.49 7/30/2009 24334 MSFLT-ENGINE WORK 98.56 8/12/2009 24429 MSFLT-BATTERY 94.80 8/12/2009 24429 MSFLT-ALTERNATOR/GENERATOR 234.08 8/12/2009 24429 MSFLT-PULLYS 79.80 8/12/2009 24429 MSFLT-BELTS 105.05 8/10l2009. 24418 PD-LOF 34.98 8/10/2009 24418 PD-BRAKE SERVICE 508.96 8/70/2009 24419 PD-LOF 70.76 8/10l2009 24419 PD-BRAKE SERVICE 142.17 8/10/2009 24419 PD-WIPER BLADES 13.35 8/10/2009 24420 PD-LOF 34•98 8/10/2009 24420 PD-BRAKE SERVICE 275.73 8/12/2009 24429 MSFLT- ELECTRICAL WORK 65.70 Bank of America Page 11 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 213180 8/31/2009 008872 SPECTRA ANALYTICAL INC., DBA SPECT 40.00 8/11/2009 51744 PWSWM-LABORATORY SERVICES 20.00 8/5/2009 51647 PWSWM-LABORATORY SERVICES 20.00 213181 8/31/2009 010072 ST. VINCENT DE PAUL SOCIETY, 4,720.00 8/20/2009 2ND QTR 2009 CDHS-AG09-066 EMERG. HUMAN SVC 4,720.00 213182 8/31/2009 003307 STERICYCLE INC, 163.69 7/31/2009 3000569607 PD-WASTE DISPOSAL FEES 163.69 213183 8/31/2009 011638 STEWART ROOFING, 25.� 8/4/2009 0990900059926 MC-RED LIGHT REFUND 25.00 213184 8/31/2009 011356 STRATEGIES 360, INC, 5,000.00 8/1/2009 772-2007 CM-AG09-048 8l09 FEDERAL LOBBY 5,000.00 8/1l2009 772-2007 CM-AG09-048 8/09 FEDERAL LOBBY 5,000.00 8/1/2009 772-2007 CM-AG09-048 8/09 FEDERAL LOBBY -5,000.00 213185 8l31/2009 004926 STRIPE RITE INC, 2,071.09 8/24/2009 AG07-125 RETAINAGE PWST-AG07-125 STRIPE RITE RETA 2,077.09 213186 8/31/2009 000308 SUBURBAN CITIES ASSOCIATION, 301.00 8/7/2009 1468 CC JULY 2009 SCA NETWORKING 258.00 8!1/2009 1468 CM/GOVT AFFAIRS JULY 2009 S 43.00 213187 8/31/2009 003896 SUMMIT LAW GROUP, 3,687.50 8/14/2009 43185 LAW-AG08-028 LEGAL SVC EMPLO 82.50 8/14/2009 43187 LAW-AGOS-028 LEGAL SVC EMPLO 3,605.00 213188 8/31/2009 007710 SUPERIOR LINEN SERVICE, 280.88 8/14/2009 S92276 DBC-LINEN SVCS 7.23 8/10/2009 S90674 DBC-LINEN SVCS 49.33 8/17/2009 92005 DBGLINEN SVCS 31.99 8/10/2009 88994 DBGLINEN SVCS 30.82 8/7/2009 589424 DBC-LINEN SVCS 92.80 8J24/2009 S91436 DBGLINEN SVCS 68.71 213189 8/31/2009 002521 SUPERLON PLASTICS INC, 889.95 8/5/2009 09F2834 PWSWM-SMALL LAKE CULVERT FOR 889.95 213190 8/31/2009 009523 SYSTEMS FOR PUBLIC SAFETY, 251.34 8/7/2009 12580 PD-REPLC SCANNER 251.34 213191 8/31/2009 009579 THE ACTIVE NETWORK, LTD, 367.43 7/24/2009 1000020009 METROLOGIC ORBIT OMNI-DIRECTIO 367.43 213192 8/31/2009 011186 THE WIDE FORMAT COMPANY, 176.10 S!1/2009 38866 IT- KIP 2000 SCANNER/PLOTTER M 199.29 S/7/2009 38866 IT- KIP 2000 SCANNER/PLOTTER M -23.19 213193 8/31/2009 009280 THUNDERING OAK ENTERPRISES INC, 1,917.35 7/17/2009 4033 PKM-TREE REMOVAUDEAD TREE AT 963.60 7l29/2009 4043 PKM-PRUNING 2 MAPLES (i�2445 SW 430.55 7/29/2009 4044 PKM-REMOVAL OF DEAD ALDER@32� 523.20 213194 8/31/2009 001424 THYSSENKRUPP ELEVATOR INC, 645.40 8/1/2009 221001 FWCC-8/09-10/09 ELEVATOR MAINT 645.40 213195 8/31/2009 004218 TIMCO INC, 8/10/2009 189988 8l12/2009 190111 213196 8/31/2009 007609 TRI DIM FILTER CORP, 6/19/2009 903428-1 213197 8/31/2009 008902 TRI-CITY MEATS, 8/7/2009 227319 8/12/2009 227436 8/21/2009 227724 8/18/2009 227609 213198 8/31/2009 011680 TSI INCORPORATED, 7/23/2009 90298742 213199 8/31/2009 003766 TUCCI 8� SONS INC, 8/3/2009 AG09-014 #5 8/3/2009 AG09-014 #5 8/3/2U09 AG09-014 #5 8/3/2009 AG09-014 #5 213200 8/37/2009 010073 UKRAINIAN COMMUNITY, S/20/2009 2ND QTR 2009 PWST- HYDRAULIC REPAIRS SUPPLI PWST-HYDRAULIC REPAIRS SUPPLIE FWCC-FILTERS PKDBGMEAT FOR CATERING SVC PKDBC-MEAT FOR CATERING SVC DBC-CATERING SUPPLIES DBGCATERING SUPPLIES PD-CLEAWCALIBRATE PORTACOUN7 PWST-AG09-045 2009 OVERLAY- PWST-AG09-045 2009 OVERLAY- PWST-AG09-045 2009 OVERLAY- PWST-AG09-045 2009 OVERLAY- CDHS-AG09-070 RUSSIAN REFUGEE 396.76 108.08 288.68 656.80 656.80 1,581.80 367.26 588.64 317.60 308.30 650.34 650.34 57,035.77 60,037.65 -3,007.88 -37,115.62 37,115.62 1,250.00 1,250.00 Bank of America Page 12 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 213201 8/31/2009 011615 ULTRABI.00K INC, 16,233.38 8/4/2009 0021692-IN PWST-CONCRETE BLOCKS 7,621.20 8/6/2009 0021682-IN PWST-CONCRETE BLOCKS 2,179.05 8/10/2009 0021712-IN PWST-CONCRETE BLOCKS 6,383.85 8/10/2009 0021713-IN PWST-CONCRETE BLOCKS 49.28 213202 8/31/2009 002426 UNITED GROCERS CASH CARRY, 1,120.50 8/9/2009 188300 DBGCATERING SUPPLIES 149.84 8!8l2009 188219 DBC-CATERING SUPPLIES 56.31 8/10/2009 188544 FWCC-COFFEE SUPPLIES 70.95 8rl/2009 187872 DBC-CATERING SUPPLIES 34.23 8/6/2009 187454 DBC-CATERING SUPPLIES 47.14 8/12/2009 189070 DBC-CATERING SUPPLIES 118.79 8/14/2009 189684 DBC-CATERING SUPPLIES 62.34 8/15/2009 189909 DBC-CATERING SUPPLIES 106.60 8/76/2009 190217 DBC-CATERING SUPPLIES 42.90 8/17/2009 190423 DBC-CATERING SUPPLIES 57.68 8/18/2009 190677 DBC-CATERING SUPPLIES 125.52 8/19/2009 191129 DBGCATERING SUPPLIES 165.13 8/20/2009 191436 DBC-CATERING/KITCHEN SUPPLIES 67.99 8/20/2009 191436 DBC-CATERING/KITCHEN SUPPLIES 75.08 213203 8/31/2009 003837 UNITED PARCEL SERVICE, 31.35 8/8/2009 OOOOF6588V329 PD-DOCUMENT DELIVERY SERVICE 31.35 213204 8/31/2009 010489 UNITED STATES POST OFFICE, 5,989.34 8/25/2009 2902 SWR-RECYCLE EVENT MAILER POST 5,290.34 8/25/2009 2905 SWR-YARD CARE BULK MAILING 699.00 213205 8/31l2009 004552 VALLEY CITIES COUNSELING, 15,000.00 8/20/2009 2ND QTR 2009 B CDHS-AG09-115 MENTAL HEALTH CO 10,000.00 8/20l2009 2ND QTR 2009 CDHS-AG09-117 DV ADVOCACY- 2,500.00 8l20/2009 2ND QTR 2009 A CDHS-AG09-116 FAMILY SUPPORT P 2,500.00 213206 8/31/2009 003563 VALLEY COMMUNICATIONS CENTER, 607.20 8/5/2009 0009787 PD-6/09 LANGUAGE LINE USAGE 60720 213207 8/31/2009 001124 VERIZON WIRELESS, 62.40 8/12/2009 0788303265 PD-BAIT CAR WIRELESS 92.40 8/12/2009 0788303265 PD-BAIT CAR WIRELESS -30.00 213208 8/31/2009 006857 VP CONSULTING INC, 16,386.67 8/20/2009 00008892 Soflware and Maintenance:- 16,386.67 213209 8/31/2009 000094 WA STATE AUDITOR'S OFFICE, 1,350.50 8/7/2009 L78520 MSF-(7/09) STATE AUDITOR SVCS- 1,350.50 273210 8/31/2009 004258 WA STATE DEPT OF LICENSING, 792.00 7/14/2009 JULY 31, 2009 PD-(7/09) REMIT CPL FEES- -36.00 8/25/2009 AUGUST 31, 2009 A PD-(8/09) CPL FEES:- 180.00 8/25/2009 AUGUST 37, 2009 B PD-(8/09) CPL FEES:- 378.00 7/14/2009 JULY 31, 2009 PD-(7l09) REMIT CPL FEES- 270.00 213211 8/31/2009 004628 WA STATE PATROL, 596.75 8/4/2009 110000706 PD-7/09 WSP CPL 596.75 213212 8/31/2009 006853 WAHI, PRAN 130.80 8l11/2009 08/17l09 MGINTERPRETER SVCS 130.80 213213 8/31/2009 006007 WALKER ACE HARDWARE, 35.58 8!7/2009 004842 DBC-MOSS REMOVER 16.96 8/11/2009 004847 PWSWM-FASTENERS 18.62 213214 8/31/2009 000783 WASTE MANAGEMENT, 21.45 9/1/2009 0927081-1055-3 SWR-8/09-10/31 GARGABE RECYCLI 21.45 213215 8/31/2009 005352 WEISENBACH SPECIALTY PRINTING, INC 458.26 8/13/2009 88125 PWSWR-RECYCLED PENS-AND FREI( 458.26 213216 8l31/2009 011394 WEST GOVERNMENT SERVICES, 84.70 7/31/2009 AB0002009231 PD-7/09 AUTO TRACKKP SVCS 84.70 213217 8/31l2009 000173 WEST PAYMENT CENTER, 1,484.30 8/1/2009 818800233 IT-LA- WEST LAW SVCS 1,484.30 273218 8/31/2009 002087 WHITMAN GLOBAL CARPET CARE, 1,178.00 7/31/2009 39548 DBGCARPET CLEANING SVCS 389.00 7/21/2009 39419 FWCC-CARPET CLEANING SVCS 789.00 213219 8/31/2009 005805 WILLIAMS OIL FILTER SVC CO INC, 74.44 Bank of America Page 13 of 29 Check No. Date Vendor Inv Date Invoice Description Amount C Total 8/12/2009 877717 PWST-PARTS FOR PAVER 26.69 8/12/2009 877718 PWST-PINCH CLAMPS 47.75 213220 8/31/2009 004209 WLEEA (WA LAW ENFORCEMENT), 420.00 8/11/2009 AUGUST 11, 2009 PD-EXPLORER ACADEMY REGISTER 420.00 213221 8/31/2009 000660 WOODWORTH COMPANY INC, 4,327.41 8/11/2009 192772 PWST-ASPHALT MIX 917.35 8/11/2009 192773 PWST-ASPHALT MIX 921.18 8/11l2009 192801 PWST-ASPHALT MIX 935.72 7/31/2009 192634 PWST-ASPHALT MIX 155.32 8/18/2009 192964 PWST-ASPHALT MIX 907.41 8/18/2009 192965 PWST-ASPHALT MIX 490.43 213222 8/31/2009 005722 YAKIMA COUNTY DEPARTMENT OF, 98,324.50 8/10/2009 JULY 2009 PD-(7/09) JAIL SVCS AG00-167- 98,324.50 213223 8/31/2009 008036 YWCA SEATTLE- KING COUNTY, 500.00 8/20/2009 2ND QTR 2009 CDHS-AG09-072 EMERG. HOUSING S 500.00 213224 9/4l2009 011586 RUSH COMMERICAL CONSTRUCTION, 28,239.64 8/25/2009 AG09-152 #1 PRCS-AG09-153 FWCC CAFE CONSTF 29,590.82 8/25/2009 AG09-152 #1 PRCS-AG09-153 FWCC CAFE CONSTF -1,351.18 213225 9!8/2009 011239 MARKET ME NOW INC, 4,130.61 8/25/2009 2901 SWR-RECYCLING EVENT BROCHURE 4,130.61 213226 9/15l2009 000083 AARO INC DBA THE LOCK SHOP, 708.39 8/24/2009 64817 FWCC-LOCKSMITH SERVICES 97.13 8/28/2009 LOCK SHOP MSFLT-LOCKSMITH SVCS 11.26 213227 9/15/2009 000568 AGRI SHOP INC, 679.36 2/6/2009 1904 SWM-WEEDEATER STIHL KOMBI 580.86 8/20/2009 5575/1 PKM-50' HOSEJINV#5575 98.50 213228 9/15/2009 005567 ALBRECHT COMPANY, 629.40 8/21/2009 719252 PD-GOLF SHIRTS 629.40 213229 9/15/2009 009764 ALL ACCESS PRINTING MAILING, 82.02 8/20/2009 17166-A MSHR-BUSINESS CARDS 82.02 213230 9/15/2009 011682 ALL METAL WELDING &FABRICATION, 426.66 8/12/2009 50059 PWSWM-PIPE ANCHOR ASSEMBLY Ft 426.66 213231 9/15/2009 010929 ALLEGRA PRINT IMAGING, 459.23 8/25/2009 64849 CD&PERMIT BACKERS 459.23 213232 9/15/2009 001285 ALPINE PRODUCTS INC, 15.63 8/19/2009 TM-102680 SWM-SAFETY GLASSES 15.63 213233 9/15/2009 001012 AL'S TOWING, 193.87 8/24/2009 71385 PD-CASE 09-11080 VEHICLE TOWIN 193.81 213234 9/15/2009 005287 AMERICALL COMMUNICATIONS 308.00 8/21/2009 D6416-0809 SWM-AFTER HR CALL-OUT SVC COS" 64.13 8/21/2009 D6416-0809 SWM-AFTER HR CALL-OUT SVC COS' 64.12 8/21/2009 D6417-0809 PKM-AFTER HR CALL-OUT SVC ACCC 179.75 213235 9/15/2009 009898 AMERICAN JUDGES ASSOCIATION, 450.00 8/28/2009 MORGAN REGISTER MGAJA 9/09 CONF. MORGAN 450.00 213236 9/15/2009 001746 AMERICAN PUBLIC WORKS ASSOC, 535.00 8/26/2009 101876 PWAD-APWA INTL CONF. MARWAN S 535.00 213237 9/15/2009 011679 AMERIMARK DIRECT INC, 57.97 8/11/2009 21273 PWSWR-RECYCLING STICKERS 57.97 213238 9/15/2009 010530 ARAMARK UNIFORM SERVICES, 78.35 8/24/2009 655-4453038 FWCC-FLOOR MATS SVC 78.35 213239 9/15/2009 703017 ASIAN COUNSELING REFERRAL SV, 150.00 8/21/2009 11256 DBGDAMAGE DEPOSIT REFUND 150.00 213240 9/15/2009 011555 AVEDISYAN, RUBEN 131.68 8/25/2009 08/25/09 MGINTERPRETER SVCS 131.68 213241 9/15/2009 001790 BARGREEN ELLINGSON INC, 73.48 8/28/2009 5851954 DBC-DINNER FORKS 73.48 213242 9/15/2009 010185 BIRD, FERESIKA S 208.80 8/27/2009 08/27/09 MC-INTERPRETER SVCS 104.40 8/25/2009 08/25/09 MC-INTERPRETER SVCS 104.40 213243 9/15/2009 007630 BLUMENTHAL UNIFORM CO INC, 351.18 8/21l2009 762532 CROUCH-SHIRTS 32.84 8l25/2009 764857 BENJERT- BOOT ALLOWANCE 100.00 Bank of America Page 14 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8/3/2009 761139 DEMAREST- BOOT ALLOWANCE 99.59 8/11/2009 749096-80 -CREDIT- KRASNOVID- PANTS -43.79 8l13/2009 760836-01 VOLLMER- ALTERATIONS 27.92 8/14/2009 749096-81 KRASNOVID- PANTS 43.79 8/14/2009 753291-01 NEAL, STEVE- PANTS 90.83 273244 9l15/2009 011289 BOWMAN, JASON 1,140.00 9/8/2009 AUGUST 2009 FWCC-AG09-015 PERSONAL TRAINEF 1,140.00 213245 9/15/2009 004919 BRATWEAR, 8/21/2009 315542 8/24/2009 315376 8/12/2009 315331 8/12/2009 315423 213246 9/15/2009 008292 BUNK III, RAYMOND 8/27/2009 08-1-09909-8 213247 9/15/2009 010384 BURKS, VERGIE 8/18/2009 666197 213248 9/15/2009 011282 CALKINS, NICHOLE 8/31l2009 AUGUST 2009 213249 9/15/2009 000991 CASCADE COFFEE INC, 8/31/2009 CASCADE COFF 213250 9/15/2009 011081 CASE POWER 8 EQUIPMENT, 8/25/2009 E68871 8/14/2009 E68867 213251 9/15/2009 011328 CECCANTI INC, 9/2/2009 AG09-122 #3 9/2/2009 AG09-122 #3 213252 9/15/2009 000951 CITY OF FEDERAL WAY, 9/2/2009 AG09-122 #3 8/25/2009 AG09-152 #1 273253 9/15/2009 070360 CITY OF FEDERAL WAY, 9/8/2009 CK #1113 273254 9/15/2009 003564 CLARY, JOHN 8/25/2009 CLARY 2009 213255 9/15/2009 003752 COASTWIDE SUPPLY DBA, 8/28/2009 T2098787-1 8/26/2009 Y2098787 7/30/2009 T2088783 7/30/2009 T2088783 8/21/2009 T2095445-1 8/18/2009 T2095445 8/19/2009 T2096156 8/31 /2009 CT2098787 213256 9/15/2009 009989 COLLEGIATE PACIFIC, 8/7/2009 93209109 213257 9/15/2009 011117 COMMERCIAL FILTER SALES SVC, 7/31/2009 240269 213258 9/15/2009 007591 COMMERCIAL SPACE ONLINE INC, 9/1/2009 72939 213259 9/15/2009 008381 CONOCOPHILLIPS FLEET, 8l26/2009 870165123908 213260 9/15/2009 008445 COPIERS NORTHWEST INC, 8/26/2009 51190 8/26/2009 51190 8/26/2009 51190 8/12/2009 50927 8J12/2009 50927 8/12/2009 50927 8/18/2009 51018 8/18/2009 51018 8/18/2009 51018 213261 9/15/2009 000721 CORLISS RESOURCES INC, Sl27/2009 221706 PD-SPECIALIZED POLICE APPAREL PD-RAIN JACKET JUMPSUIT PD-TRAFFIC UNIFORM SHIRT PD-UNIFORM COLLAR STARS RISK-08-1-09909-8 REIMB BUNK PRCS-PICNIC RENTAL DEPOSIT REF FWCC-AG09-16 PERSONAL TRNG SV( MSHR-MTG COFFEE SUPPLIES PWST-GLIDE HANDLE PWST-PARTS FOR PLATE COMPACTC 435.29 21.04 274.35 118.04 21.86 23.95 23.95 50.00 50.00 735.00 735.00 174.30 174.30 227.14 200.59 26.55 134,065.47 SWM-AG09-122 EASTER LK FLOOD C 141,121.55 SWM-AG09-122 EASTER LK FLOOD C -7,056.08 SWM-AG09-122 EASTER LK FLOOD C PRCS-AG09-153 FWCC CAFE CONSTf EOC-FEMA TRNG EMMITSBURG MD PD-BOOT ALLOW. CLARY 8,407.26 7,056.08 1,351.18 920.00 920.00 100.00 100.00 1,693.47 DBGJANITORIAL SUPPLIES DBGJANITORIAL SUPPLIES PARKS-JANITORIAL SUPPLIES PARKS-JANITORIAL SUPPLIES PKM-JANITORIAL SUPPLIES PKM-JANITORIAL SUPPLIES PARKS-JANITORIAL SUPPLIES DBC-JANITORIAL SUPPLIES PRCS-MEGAPHONES PKM-HVAC FILTERS/INV#240269 CM/ED PROPERTY DATABASE SERb PD-FLEET FUEL IT-PRINTERlfONER SUPPLIES IT-PRINTER/TONER SUPPLIES IT-PRINTERlfONER SUPPLIES IT-PRINTERlfONER SUPPLIES IT-PRINTERlfONER SUPPLIES IT-PRINTER/TONER SUPPLIES IT-PRINTERlfONER SUPPLIES IT-PRINTERlfONER SUPPLIES IT-PRINTER/TONER SUPPLIES PWST-356TH AND 1 ST AVE PICKUP 35.04 389.56 403.48 200.00 60.36 302.22 355.22 -52.41 444.26 444.26 78.31 18.31 100.00 100.00 97.22 97.22 959.23 47.96 215.83 215.82 23.98 107.92 107.91 23.98 107.92 107.91 112.54 682.90 Bank of America Page 15 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8/25/2009 221362 SWM-READYMIX 389.27 8/24/2009 221122 PWST-PICK UP 336TH 6TH AVE 181.09 213262 9/15/2009 000771 COSTCOlHSBC BUSINESS SOLUTIONS, 4,918.62 8/26/2009 AUGUST 2009 PRCS/FWCC CAMP FIT/RESALE SUPF 285.66 8/26/2009 AUGUST 2009 PRCS/FWCC CAMP FIT/RESALE SUPF 563.13 8/26/2009 AUGUST 2009 FWCGRESALE ITEMS 359.91 8l26/2009 AUGUST 2009 DBC-FACILITY/CATERING SUPPLIES 77.38 8/26/2009 AUGUST 2009 DBC-FACILITY/CATERING SUPPLIES 511.07 8/26l2009 AUGUST 2009 FWCC/PRCS-COSTCO SUPPLIES 519.40 8/26/2009 AUGUST 2009 FWCC/PRCS-COSTCO SUPPLIES 309.56 S/26/2009 AUGUST 2009 FWCC/PRCS-COSTCO SUPPLIES 24.20 8/26/2009 AUGUST 2009 FWCC/PRCS-COSTCO SUPPLIES 24.20 8/26/2009 AUGUST 2009 FWCC-RESALE ITEMS 200.57 8l26/2009 AUGUST 2009 PD-BATTERIES, SANITIZER, WIPES 802.83 8/26/2009 AUGUST 2009 FWCC-LAUNDRY SOAP 15.32 8/26/2009 AUGUST 2009 PRCS-DAYCAMP SUPPLIES 284.29 8/26/2009 AUGUST 2009 FWCC-KID'S ESCAPE SPAGEfTI FEE 59.37 8/26/2009 AUGUST 2009 FWCC-RESALE ITEMS 340.30 8/26/2009 AUGUST 2009 PRCS-WALKIE-TALKIES 197.07 8/26/2009 AUGUST 2009 FWCC-RESALE ITEMS 61.58 8/26/2009 AUGUST 2009 PWST-BLUE TOOTH FOR T WESSEL 54J4 8/26/2009 AUGUST 2009 FWCGSWIM TEAM PICTURES 30.07 8/26/2009 AUGUST 2009 FWCGSWIM TEAM PICTURES 16.65 8/26/2009 AUGUST 2009 PD-HAND SANITIZER 750.68 S/26/2009 AUGUST 2009 FWCC-LAUNDRY SOAP 30.64 213263 9/15l2009 009696 CRESTWOOD ANIMAL HOSPITAL, 88.65 8/26/2009 8969 PD-K9 FAX MEDICAL CARE 88.65 213264 9/15/2009 009240 CROUCH, KELLY 412.34 6/26/2009 CROUCH 2O09 B MSHR-TUITION REIMB K. CROUCH 303.34 6/26/2009 CROUCH 2U09 B PD-TUITION REIMB K CROUCH 709.00 213265 9/15/2009 010015 CUTHBERT, GAIL 1,454.00 9/2/2009 AUGUST 2009 FWCGAG07-085 FITNESS TRAINING 1,454.00 213266 9l15/2009 009505 D& L SUPPIY AND MFG., INC, 343.79 8/13/2009 253186 PKM-SAGHALIE FAUCET 264.95 8/13/2009 253190 PKM-REPLACEMENT PUSH BUTTON/I 78.84 213267 9/15/2009 000854 D J TROPHY, 640.14 8/21/2009 227550 PRCS-ATHLETIC PROGRAM T SHIRT: 640.14 213268 9/15/2009 005922 DEX MEDIA WEST, 594.78 8/23/2009 650474179 DBG(8/09)DIRECTORYADS- 594.78 213269 9/15/2009 005341 DODD, ESCOLASTICA ROSA 123.31 9/1/2009 09/01/09 MC-INTERPRETER SVCS 123.31 213270 9/15/2009 009685 DOWNTOWN HARLEY DAVIDSON, 449.39 8/14/2009 416556 PD-DEFLEET BIKE 449.39 213271 9/15/2009 000570 EAGLE TIRE AUTOMOTIVE (DBA), 2,598.61 8l10/2009 1069686 PD-TIRE REPAIR 33.51 8/18/2009 1069856 PD-ALTERNATOR/GENERATOR 628.87 8/26/2009 1069990 PD-LOF 35.02 8/26/2009 1069990 PD-ELECTRICALWORK 27.18 8/26/2009 1069990 PD-TIRES 61 8/26/2009 1069997 MSFLT-STEERING SUSPENSION 940.99 8/26/2009 1069997 MSFLT-DIAGNOSTIC INSPECTION 69.99 8/26/2009 1069997 MSFLT-EIECTRICALV1bRK 76.63 8/22/2009 1069929 MSFLT-TIRE REPAIR 30.15 8/22/2009 1069929 MSFLT-OTHER? 55.43 8/22/2009 1069936 MSFLT-LOF 73.74 8/22/2009 1069936 MSFLT-TIRE REPAIR 19.71 8/22/2009 1069936 MSFLT-ALIGNMENT 59.13 9/1l2009 1070085 PD-LOF 78.80 9/1I2009 1070085 PD-WIPER BLADES 26.25 9/1/2009 1070085 PD-ELECTRICAL WORK 29.55 9/1/2009 1070087 PD-ELECTRICAL WORK 33.49 9/1l2009 1070091 PD-LOF 34•43 9/1/2009 1070091 PD-BRAKE SERVICE 248.83 Bank of America Page 16 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8/29/2009 1070049 MSFLT-LOF 35.03 213272 9/15/2009 010030 ECOLAB INC, 306.42 8/16/2009 31244 DBC-DISHWASHER RENTAL 203.07 8/18/2009 15208 DBC-DISHWASHER SOAP 103.35 213273 9/15/2009 004344 EMERGENCY FEEDING PROGRAM, 2,500.00 9/8/2009 2ND QTR 2009 CDHS-AG09-088 EMERG. FEEDING P 2,500.00 213274 9/15l2009 OQ1294 ENTERPRISE SEATTLE, 12,500.00 8/26/2009 2768 CM-AG09-154 HEALTHCARE INNOVAT 12,500.00 213275 9l15/2009 001046 EQUIFAX CREDIT INFORMATION SVC, 22.03 8/22/2009 4795587 PD-8/09 CREDIT REPORTS 22.03 213276 9/15/2009 000328 ERNIE'S FUEL STOPS (DBA), 16,473.78 8/31/2009 0315580 MS-FLT FUEL CHARGES 8/15-8/31/ 5,245.33 8/31l2009 0315581 SIU VEHICLE FUEL CHARGES 8/15- 732.09 8/31/2009 0375581 PD-FUEL CHARGES 8/15-8/31/2009 10,496.36 213277 9/15/2009 002899 ESAADOLFSON, 1,852.99 8l21/2009 86423 CDPL-AGO6-018 SMP PSA- 1,852.99 213278 9l15/2009 001748 EVERSON'S ECONO-VAC INC, 307.50 8/17/2009 063752 SWM-EMERG CALL-STORM DRAIN BL 307.50 213279 9/15/2009 000217 FEDERAL EXPRESS CORPORATION, 76.02 8/29/2009 1917293184 FWCGSHIPPING FROM MCMASTER C 76.02 213280 9/15l2009 000217 FEDERAL EXPRESS CORPORATION, 58.99 8/21/2009 9-304-88114 MS-FEDEX PASSPORT DOCS 24.99 9/4/2009 9-320-51364 FEDERAL EXPRESS DELIVERY SVC 5.92 9/4/2009 9-320-51364 FEDERAL EXPRESS DELIVERY SVC 4.17 9/4/2009 9-320-51364 FEDERAL EXPRESS DELIVERY SVC 23.91 213281 9/15/2009 002644 FEDERAL WAY BOYS GIRLS CLUB, 10,500.00 9/1/2009 1ST QTR 2009 CDHS-AG09-120 SAFE ZONE FOR KI 5,250.00 9/1l2009 2ND QTR 2009 CDHS-AG09-120 SAFE ZONE FOR KI 2,750.00 9/1/2009 2ND QTR 2009 CDHS-AG09-120 SAFE ZONE FOR KI 2,500.00 213282 9/15/2009 000652 FEDERAL WAY COMMUNITY, 5,875.00 9/1/2009 2ND QTR 2009 GDHS-AG09-089 EMERG. SHELTER A 5,875.00 213283 9/15/2009 010054 FEDERAL WAY MARKETPLACE, 74,247.00 8/24/2009 02-66831 REFUND PW-02-66831 BOND RELEASE 14,441.00 8/24/2009 02-66831 REFUND PW-02-66831 BOND RELEASE -194.00 213284 9/15/2009 001893 FEDERAL WAY SCHOOL DISTRICT, 20,095.68 9!8/2009 SIF-AUGUST 2009 MSF-8/09 SCHL IMPACT FEES NECE 20,085.00 9/8/2009 SIF-AUGUST 2009 MSF-8/09 SCHL IMPACT FEES NECE 10.68 213285 9/15/2009 007547 FEDERAL WAY SENIOR CENTER, 3,500.00 9/8/2009 2ND QTR 2009 CDHS-AG09-O66 SR. NUTRITION PR 3,500.00 213286 9/15/2009 011667 FEDEX OFFICE, 117.93 8/28/2009 515100005746 PD-PRINTING POLICE DEPT CA 117.93 213287 9l15/2009 010851 FEHR PEERS, 1,728.70 8/17/2009 65142-14 PWTR-AG08-060 IMPACT FEE PROGR 1,OU4.70 7/13/2009 64585-13 PWTR-AG08-060 IMPACT FEE PROGR 724.00 213288 9/15/2009 001686 FIRST CHOICE BUSINESS MACHINES, 118.26 9/15/2009 3134897 IT-CD COPIER RPR,MNT,SUP 118.26 213289 9/15/2009 010305 FIRST STUDENT, 1,174.50 9/1/2009 10274819 PRCS-BUS FOR AUGUST 26 DAY CAN 1,174.50 213290 9/15/2009 002664 FLEX-PLAN SERVICES INC, 223.30 8/31l2009 143053 MSHR-8/09 FLEX PLAN ADM SVCS 223.30 213291 9/15/2009 008860 FOOD SERVICES OF AMERICA, 4,204.76 8/26/2009 1544513 PKDBGCATERING SUPPLIES 2,089.71 8/21l2009 1533183 DBGCATERING SUPPLIES 114.33 9/2/2009 1562863 DBC-CATERING SUPPLIES 2,000.72 213292 9/15l2009 003068 FORESTRY SUPPLIERS INC, 319.15 8/18/2009 790978-00 PKM-BLACHER ANCHORS/INV#79097i 319.15 213293 9/15/2009 001669 FOSTER PEPPER SHEFELMAN PLLC, 1,441.50 8/25/2009 928079 LAW-AG09-139 LEGAL SERVICES- 1,441.50 213294 9/15/2009 009242 FSH COMMUNICATIONS LLC, 80.00 9/1/2009 000306258 IT-FSH PAYPHONE SVCS 80.00 213295 9/15/2009 008755 FUSION, 300.00 8l13/2009 30366 DBC-DAMAGE DEPOSIT REFUND 300.00 Bank of America Page 17 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 213296 9/15l2009 011702 FWPS-SPEECH PATHOLOGISTS, 150.00 9/2/2009 30527 DBC-RENTAL DEPOSIT REFUND 150.00 213297 9/15/2009 011701 FWSD-SCHOOL PSYCHOLOGISTS, 117.15 9/2/2009 30526 DBC-RENTAL DEPOSIT REFUND 117.15 213298 9/15/2009 004566 G&M HONEST PERFORMANCE, 113.45 9/2/2009 127564 MSFLT-REPAIR SUPPLIES 54.31 8/27@009 127368 MSFLT-REPAIR SUPPLIES 59.14 213299 9/15/2009 011690 GADEA, ANA MARIA 124.00 8/25/2009 0990900072655 MGRED LIGHT PHOTO REFUND 124.00 213300 9/15/2009 009274 GEBKEN, ROBIN 206.22 8/24/2009 668323 PRCS-REFUND CLASS FEES DSHS 206.22 213301 9/15/2009 011650 GEBREMICHAEL, MERIAM 120.90 8/25/2009 08/25/09 MC-INTERPRETER SVCS 120.90 213302 9/15/2009 002547 GRAINGER INC, 56.97 8/19l2009 9059322611 CH&HVAC V BELTS 10.25 S/18/2009 9058092074 CHB-HVAC V BELTS 14.74 8/18/2009 9058518599 CH&HVAC V BELTS 5.32 8/18/2009 9058518607 CH&HVAC V BELTS 26.66 213303 9/15/2009 010738 GREEN EFFECTS, INC, 3,344.19 9/1/2009 28042 PARK-AG08-067 LANDSCAPING MAIN 767.51 9/1/2009 28043 PARK-AGO&067 LANDSCAPING MAIN 2,576.68 213304 9/15/2009 017092 GREGORY, KRISTEN 135.12 8/25l2009 GREGORY 2009 PD-BATTERIES 135.12 213305 9/15/2009 003831 GSR POLYGRAPH SERVICES, 300.00 9/8/2009 GSR PD-POLYGRAPH EXAMS 300.00 213306 9/15/2009 000671 H D FOWLER COMPANY, 18.34 8/13/2009 12584015 PWST-ADAPTERS 18.34 213307 9/15/2009 001367 HDR ENGINEERING INC, 43,553.27 8/26/2009 00130082-H PWST-AG09-018 356TH INTERSECTI 43,553.27 213308 9/15/2009 003841 HEAD-QUARTERS PTS, 662.25 9/12/2009 21680 PARKS-AGO6-052 PORTABLE TOILET 662.25 213309 9/15/2009 001487 HEWLETT-PACKARD COMPANY, 1,116.90 8/28/2009 46427209 SERVER RR- HP 146GB SAS 10K 1,116.90 213310 9/15/2009 002477 HOME DEPOT-DEPT 32-2500780030, 74.26 8/28/2009 AUGUST 2009 PKM-MAINT/REPAIR SUPPLIES 9.04 8/28/2009 AUGUST 2009 FWCC-ROPE, BATTERIES, PH05PHR( 65.22 213311 9/15/2009 009785 HOWARD, TODD 500.00 8/21/2009 81 CM-AG09-003 CONFLICT DEFENDER 250.00 9/4/2009 83 CM-AG09-003 CONFLICT DEFENDER 250.00 213312 9/15/2009 007109 INTERCOM LANGUAGE SVCS, 1,499.60 8/24/2009 09-341 MC-INTERPRETER SVCS 1,499.60 213313 9/15/2009 009063 IVAN ELDORABA, RADU 136.30 8/28/2009 08/28/09 MGINTERPRETER SVCS 136.30 213314 9/15/2009 009079 J AND Y INVESTMENT LLC, 275.00 9/8/2009 SEPTEMBER 2009 MIS-AG05-126 WIFI SITE LEASE 7 275.00 213315 9/15/2009 010605 JACOBSON, ELIZABETH 858.40 8/28/2009 AUGUST 2009 PRCS-BALLROOM DANCE CLASSES- 858.40 213316 9/15/2009 011526 JEWISH FAMILY SERVICE, 1,500.00 9/2/2009 1ST QTR 2009 CDHS-AG09-110 REFUGEE/IMMIGRA� 750.00 9/2/2009 2ND QTR 2009 CDHS-AG09-110 REFUGEE/IMMIGRA� 750.00 213317 9/15/2009 005656 JIM'S DETAIL SHOP, 470.84 8/22/2009 13246F PD-FULL VEHICLE DETAIL CLEANIN 109.49 8/24/2009 13250F MSFLT-VEHICLE DETAIL CLEANING 218.99 8/25/2009 13253F PD-INTERIOR SHAMPOO 71.18 8/25/2009 13254F PD-INTERIOR SHAMPOO 71.18 213318 9l15/2009 010838 JOHNSON, STEPHEN G 437.50 9/7l2009 SEPTEMBER 7, 2009 CM-AG09-001 CONFLICT DEFENDER 437.50 213319 9/15/2009 005934 K P TRANSLATION SERVICES, 1,008.90 8/18/2009 08/18/09 MGINTERPRETER SVCS 216.30 7/14/2009 07/14/09 MGINTERPRETER SVCS 180.00 7/17/2009 07/17/09 MC-INTERPRETER SVCS 276.30 7/21/2009 07l21l09 MC-INTERPRETER SVCS 216.30 Bank of America Page 18 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8!4/2009 O8/04/09 MC-INTERPRETER SVCS 180.00 213320 9/15/2009 011474 KAMAN INDUSTRIAL TECHNOLOGIES, 54.18 8/21/2009 J650125 PKM-BALL BEARING CARTRIDGE/INV 54.18 213321 9/15/2009 001647 KELLER SUPPLY COMPANY, 229.83 8/13/2009 S003417769.001 PKM-HOT WATER DISPENSER FOR C 229.83 213322 9/15/2009 010531 KENYAN COMMUNITY INTL CHURCH, 150.00 9!2/2009 30514 DBC-RENT DEPOSIT REFUND 150.00 213323 9/15/2009 011699 KIM, NAM 213324 9l15l2009 213325 9/15/2009 213326 9/15/2009 213327 9/15/2009 213328 9/15/2009 213329 9/15/2009 8/28l2009 677833 001259 KING COUNTY CRIME VICTIMS FUND, 9/11/2009 AUG 2009 9/11/2009 AUG 2009 000125 KING COUNTY FINANCE DIVISION, 9/8/2009 KC JAIL 8/21/2009 KC-I-NET 8/21/2009 KC-I-NET 8/21/2009 KC-I-NET 8l21l2009 KC-I-NET 005568 KING COUNTY FLEET ADM DIVISION, 8/4/2009 204485 8/4/2009 204485 8/4/2009 204486 siai2oos 2oaass 8/4/2009 120010 008328 KING COUNTY MENTAL HEALTH, 8/12/2009 7930122 000564 KING COUNTY PET LICENSE, 9/11/2009 AUG 2009 000302 KING COUNTY RECORDS,ELECTIONS, 9/14/2009 SEPTEMBER 15, 2009 9/14/2009 SEPTEMBER 15, 2009 9/14/2009 SEPTEMBER 15, 2009 213330 9/15l2009 009492 KPG INC, 7/25/2009 71609 7/25/2009 75009 213331 9/15/2009 001160 KUKER-RANKEN INC, 8/20/2009 353489-001 213332 9/15/2009 000096 LAKEHAVEN UTILITY DISTRICT, 8/21 /2009 2814401 8/21/2009 3033601 8/21/2009 3088801 8/21 /2009 3200201 8/21/2009 822402 8/21/2009 824102 8/21/2009 824102 8/21/2009 888103 8/21/2009 888103 8/21/2009 888202 8/21/2009 888302 8/21 /2009 896402 8/21 /2009 899802 8/21 /2009 899802 8/21 /2009 101 8/21/2009 101 213333 9/15/2009 003157 LES SCHWAB TIRE CTRS OF WA INC, 8/25/2009 422234 8/37/2009 422649 817/2009 420795 8/11/2009 34094 213334 9/15/2009 011697 LIFE CHRISTIAN CHURCH, 8/18/2009 666199 213335 9/15/2009 011554 LIFE IN MOTION BODYBUGG, PRCS-PICNIC RENTAL REFUND MSF-REMIT CRIME VICTIM FEES MSF-REMIT LAW LIBRARY FEES PD-{7/09} KING CO JAIL- IT-9/09 NET SVCS IT-9/09 NET SVCS IT-9/09 NET SVCS IT-9/09 NET SVCS PKM-SIGNAGE FROM KING COUNTY PKM-OVERPAYMENT ON ACCOUNT PW/FLT-REPAIR MAINT SUPPLIES PW/FLT-REPAIR MAINT SUPPLIES SWM-PIPE COUPLER 44TH AVE CDHS KC LIQUOR EXCISE TAX MSF-REMIT KC PET FEES REMIT FE CD-KC RECORDING PREPAID ACCOU CD-KC RECORDING PREPAID ACCOU CD-KC RECORDING PREPAID ACCOU PWST-AGO6-127 PAC HWY HOV PH. PWST-AG09-039 352ND ST. EXTENS SWM-MATERIALS USED FOR STAKIN( PARKS-FAGWATER CHARGES MAY/J PARKS-FAGWATER CHARGES MAY/J PWST-WATER CHARGES MAY/JUNE PWST-WATER CHARGES MAY/JUNE PARKS-WATER CHARGES MAY/JUNE PARK=FAC SEWER CHARGES MAY/Jl PARKS-FAC-SEWER CHARGES MAY/J PARKS-MNT OFFWATER CHARGES M PARKS-MNT OFF-SEWER CHARGES D PARKSSEWER CHARGES PARKS-WATER CHARGES MAY/JUNE PARKS- FAC WATER CHARGES MAYl. PARKS-FAGWATER CHARGES MAY/J PARKSSEWER CHARGES MAY/JUNE PARKS-MNT OFF-WATER CHARGES PARKS-MNT OFF SEWER CHARGES MSFLT-TIRE REPAIR MSFLT-TIRE REPAIR MSFLT-TIRE REPAIR MSFLT-TIRE REPAIR DBGPICNIC RENTAL DEPOSIT REFU 45.00 45.� 1,697.96 1,690.97 6.99 53,721.51 52,673.51 419.20 104.80 262.00 262.00 832.82 215.30 -104.89 597.92 85.79 38.70 5,089.96 5,089.96 645.00 645.00 1,402.00 1,402.00 1,402.00 -1,402.00 48,417.26 30,035.92 18,381.34 50.50 50.50 6,992.98 1,530.52 275.42 16.44 238.02 2,496.92 95.26 50.20 66.66 64.46 22.22 44.52 16.44 702.10 774.86 267.60 331.34 349.56 32.71 110.81 13.69 192.35 100.00 100.00 35.95 Bank of America Page 19 of 29 Check No. Date Vendor Inv Date Invoice Description Amou C To 8/15/2009 27 AG09-113 BODYBUGG SERVICES- 35.95 213336 9/15/2009 011704 LIFECARE CENTER, 445.72 9!8/2009 01-67958 REFUND PW-70% ADMIN BOND RELEASE 649.72 9/8/2009 01-67958 REFUND PW-70% ADMIN BOND RELEASE -204.00 213337 9/15/2009 000630 LLOYD ENTERPRISES INC, 501.52 8/27/2009 133396 PWST-ASPHALT MIX 54.86 8l13/2009 132936 PWST-CONCRETE MIX 21.90 8/11/2009 132804 PWST-ASPHALT 289.62 8/24/2009 133257 SWM-CRUSHED GRAVEL 135.14 213338 9/15/2009 005339 LOWE'S HIW INC, 27127 8/25/2009 02290 SWR-RECYCLE BIN LOCKS 33.68 8/25/2009 13674 PKM-SUSPENSION KNIFF, STAIN, S 87.45 8/17/2009 02856 CH&LIQUID GOLD CLOTHS 36.59 8/19/2009 02187 CHB-QUIKRETE 70.85 8/19/2009 02280 CH&QUIKRETE 30.68 8/20/2009 02389 PARKS-VERNIER CALIPER 12.02 213339 9/15l2009 007805 MAC DONALD-MILLER FACILITY, 349.03 8l20/2009 927588 CHB-HVAC SERVICE/REPAIRS 349.03 213340 9/15l2009 005043 MACHINERY POWER EQUIPMENT CO, 1,171.13 8/18/2009 32003073-0001 SWM-RUBBERTRACK, EXC BUCKET F 1,171.13 213341 9/15/2009 001004 MAILMEDIA DBA IMMEDIA, 1,292.00 8/3/2009 58397 PRCS-FALL 09 BROCHURE VERSION 1,292.00 213342 9/15/2009 011636 MALONEY, KELLY 1,000.00 8/24/2009 02 CDHS RETREAT FACILITATOR 1,000.00 213343 9/15/2009 011239 MARKET ME NOW INC, 1,239.13 8/28/2009 2908 SWR-COMPOST BIN COUPONS 54.75 8/25/2009 2903 SWM-NATURAL YARD CARE WORKSF 871.87 8/25/2009 2904 SWR-FEDERAL WAY MAILING LIST 312.57 213344 9/15l2009 010490 MARTINSONS, JAQUELYN 714.00 9/27/2009 SEPTEMBER 27, 2009 PRCS-ARC BABYSITTERS TRAINING 714.00 213345 9/15/2009 005176 MERINO STRAWE, BETTY 131.05 8/25/2009 08/25/09 MGINTERPRETER SVCS 131.05 213346 9/15/2009 004380 MICRO DATA BUSINESS FORMS, 4,050.62 8/31/2009 40710-37B PD-CRIMINAL CITATION FORMS 834.36 8/22/2009 40710-37 PD-INFRACTION FORMS 3,216.26 213347 9l15/2009 001052 NAPA AUTO PARTS, 42.50 8/19/2009 032051 MSFLT-BATTERY ACID 16.91 8/17/2009 031869 MSFLT-SUPPLIES-OIL BRAKE FLU 16.49 8/25/2009 032572 MSFLT-LAMP BULBS 6.07 8/25/2009 032576 MSFLT-REPAIR SUPPLIES 3.03 213348 9/15/2009 000043 NEW LUMBER 8� HARDWARE COMPANY, 182.46 8/18/2009 239426 PWST- BROMI TABLESTS 24.63 8/17/2009 239386 PARKS-CELEB PK- GORILLA TAPE 39.38 8/19/2009 239455 PARKS-GRND MNT-TAPE RULE 1", 23.60 8/27/2009 239681 PARKS-MNT OFF- PSI WTR PRESS G 11.82 8/27/2009 239692 PARKS-WALNUT STAIN 7.87 8/25/2009 239621 PARKS-GRND MNT- ALKALINE BATTE 30.62 8/31/2009 239771 PW-SWM- PORTLAND CEMENT 21.58 8/13/2009 239299 FWCC- ALKALINE BATTERY 22.96 213349 9/15/2009 000089 NEWS TRIBUNE, 1,022.14 8/23/2009 S1382235600 MSHR-EMPLOYMENT AD 459.23 8/24l2009 S1382242000 CD-RFP COTTAGE DEMO 103.68 8/30/2009 S1382764600 MSHR-EMPLOYMENT AD 459.23 213350 9/15/2009 003138 NORMED, 8/10/2009 12378-571473 9/1 /2009 12378-572776 273357 9/15/2009 001391 NORTH COAST ELECTRIC COMPANY, 8/19/2009 S2985200.001 213352 9/15/2009 011142 NORTHWEST ASPHALT, INC, 9/9/2009 AG08-162 RETAINAGE 213353 9/15/2009 008813 NOVAK, MATTHEW 8/23/2009 NOVAK 2009 PD-GLOVES PD-GLOVES FWCC-ELECTRICAL SUPPLIES PARKS-AG08-162 RETAINAGE RELEA PD-K9 HOLSTER BOARDING FEES 1,303.92 702.11 601.81 737.09 137.09 2,034.63 2,034.63 434.56 254.56 Bank of America Page 20 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8/23/2009 NOVAK 2009 PD-K9 HOLSTER BOARDING FEES 180.00 213354 9/15/2009 003529 OCCUPATIONAL HEALTH SERVICES, 353.00 8/31/2009 1844-163 PD-EMPL PHYSICAL EXAM 353.00 213355 9l15/2009 000007 OFFICEMAX CONTRACT INC, 154.45 8/31/2009 AUGUST 2009 DBC-OFFICE SUPPLIES/EQUIPMENT 154.45 213356 9/15/2009 009341 OMNI LANDSCAPE SERVICES, 3,828.32 9/1/2009 36450 PARK-AG08-065 LANDSCAPING MAIN 880.58 9/1/2009 36450 PARK-AG08-065 LANDSCAPING MAIN 2,947.74 213357 9l15l2009 007444 ORCA PACIFIC INC, 1,181.17 8127/2009 040859 FWCC-AG09-020 POOL CHEMICALS M 520.05 8/20/2009 040742 FWCC-AG09-020 POOL CHEMICALS M 661.12 213358 9/15/2009 009920 OSAKA GARDEN SERVICE, INC, 273.75 8/31/2008 25383 CDB-LAWN CLEANUP 273.75 213359 9/15l2009 005741 OUTCOMES BY LEVY, 4,464.65 8/31/2009 AUGUST 2009 CM-AG03-191:8/09 LOBBYIST SVCS 4,464.65 213360 9/15/2009 000315 PACIFIC NORTHWEST TITLE CO, 92.00 8/27/2009 643659-A PWST-COMCAST EASEMENTS 92.00 213361 9/15/2009 006440 PAPE MACHINERY INC, 979.71 8/20/2009 2317023 MSFLT-POWER UP RELAYS, HARNES 979.77 213362 9/15/2009 003386 PEREZ, RICK 189.33 8/18/2009 PEREZ 2009 PWfR-ITE CONF. R PEREZ 81.32 8/18/2009 PEREZ 2009 PWfR-ITE CONF. R PEREZ 52.00 8/18/2009 PEREZ 2009 PWfR-ITE CONF. R PEREZ 56.01 213363 9/15/2009 006656 PETCO ANIMAL SUPPLIES INC, 306.95 8/13/2009 OA007126 PD-K9 FOOD SUPPLIES 306.95 213364 9/15/2009 010613 PETEK, PHD, THOAAAS C 300.00 8/31/2009 7670 PD-EVALUATION D GRAF 300.00 213365 9/15/2009 010580 PETTY CASH CM, 379.29 8/28/2009 CM-8/28/09 CC LINDA KOCHMAR MILEAGE REI 43.13 8/28/2009 CM-8/28/09 CC LINDA KOCHMAR BUSINESS LU 11.80 8/28/2009 CM-8/28/09 PRCS DAY CAMP SUPPLIES 4.41 8/28/2009 CM-8/28/09 PRCS DAY CAMP SUPPLIES 16.73 8/28/2009 CM-8/28/09 PRCS GINA SHAW PARKING REIMB 15.00 8/28/2009 CM-8/28/09 FINANCE TRUCK SUPPLIES 9.84 8/28/2009 CM-8/28/09 PW/SWM EVENT SUPPLIES 57.33 8/28/2009 CM-8/28/09 PW/SWR ROB VAN ORSOW CONFEF 15.00 8/28/2009 CM-8l28/09 CM LODGING TAX REFRESHMENTS 5.98 8/28l2009 CM-8/28/09 PW/SWR JEANETTE BRIZENDINE C 15.00 8/28/2009 CM-8/28/09 CC MIKE PARK PARKING REIMBUR 11.00 8/28/2009 CM-8/28/09 CC MIKE PARK MILEAGE REIMBUR 42.66 8/28/2009 CM-S/28/09 CC LINDA KOCHMAR MILEAGE REI 68.06 8/28/2009 CM-8/28/09 CC LINDA KOCHMAR MILEAGE REI 63.35 213366 9/15/2009 002557 PETTY CASH FUND-PARKS MAINT, 160.20 9/8/2009 PKM-9/8/09 PKM-PETTY CASH REIMBURSEMENTI 73.90 9/8/2009 PKM-9/8/09 PKM-PETTY CASH REIMBURSEMENT/ 48.16 9/8/2009 PKM-9/8/09 PKM-PETTY CASH REIMBURSEMENT/ 38.14 213367 9/15/2009 006241 PETTY CASH-POLICE DEPT, 267.54 9/9l2009 PD-9/9/09 PD-PARKING FEES:KING CO PROSEC 9.00 9/9/2009 PD-9/9/09 PD-PARKING FEES FOR KING CO PR 15.00 9/9/2009 PD-9/9/09 PD-BATTERIES FOR ECAT WALKIE T 30.64 9/9/2009 PD-9/9l09 PD-COFFEE FOR VOLUNTEER RECO( 72.74 9!9/2009 PD-9/9/09 PD-CALCULATOR AND FOLDER FOR 1 23.11 9/9/2009 PD-9/9/09 PD-TWO WAY RADIO FOR ECAT COM 54.74 9/9/2009 PD-9/9/09 PD-EXTRA KEYS FOR VEHICLES #90 30.82 9/9/2009 PD-9/9/09 PD-SUPPLIES FOR QUARTERMASTEF 14.20 9/9/2009 PD-9/9/09 P0.SUPPLIES FOR BOMB SQUAD GRI 17.89 213368 9/15/2009 011705 PIERCE COLLEGE STUDENT SVCS, 150.00 9/7/2009 30507 DBC-DAMAGE DEPOSIT REFUND 150.00 213369 9/15/2009 000808 PLATT ELECTRIC SUPPLY, 94.13 8/7/2009 6475397 PKM-PUMP RELAY/INV#6475397 94.13 213370 9/15/2009 011706 PORT OF SEATTLE, 150.00 8/21/2009 30479 DBC-DAMAGE DEPOSIT REFUND 150.00 Bank of Ame Page 21 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 213371 9/15/2009 005583 PRAXAIR DISTRIBUTION INC, 25.64 8/13/2009 339&4664 PWST-GLOVES 25.64 213372 9/15/2009 011225 PRINCE, DAVID 8/28/2009 PRINCE 2009 8/28/2009 PRINCE 2009 A 273373 9/15l2009 010845 PRIORITY PRINT MANAGEMENT INC, PD-TUITION REIMB D PRINCE 379.00 PD-TUITION REIMB D PRINCE 378.00 8/17/2009 00026520 SWM-STORMWATER QUALITY INSPEt 47.06 8/25/2009 2657&1 SWM-"BE A LAKE STEWARD" FLYERS 32.85 8/25/2009 26578-2 SWM-NORTH LAKE FLYERS "BE A LA 21.90 8/25/2009 00026586 PWSWM-NORTH LAKE FLYERS FOR F 21.90 213374 9/15/2009 000051 PUGET SOUND ENERGY INC, 8/17/2009 004-919-1000 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28l2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8l28/2009 8/28l2009 8l28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 ansizoos 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 8/28/2009 PWTR 2009 08 PWTR 2009 08 PWfR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWi'R 2009 08 PWfR 2009 08 PWTR 2009 08 PWTR 2009 OS PWTR 2009 08 PWTR 2009 08 PVYTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWfR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWT'R 2009 08 PWTR 2009 08 PWfR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWfR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWl'R 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWTR 2009 08 PWfR 2009 08 PWTR 2009 08 SWM-8/09 2101 324TH STORAGE EL PWfR-200908 CRNR S 316TH ST PWTR-200908 HOYT RD 340TH- PWTR-200908 PAC HWY S& S 330T PWfR-200908 S 288TH ST PAC H PWTR-200908 S288TH 18TH AVE PWTR-200908 S 296TH PL MILIT PWfR-200908 S 320TH 23 AV S- PWTR-200908 S 322ND 23 AVE S PWTR-200908 S 336TH ST PAC H PWTR-200908 S 282ND MILITARY PWTR-200908 S 316TH 8 PAC HWY PWTR-200908 SW CRNR S 312TH PWTR-200908 SW 308TH 2ND AVE PWTR-200908 SW 329TH WAY HOY PWTR-200908 VARIOUS SIGNALS- PWfR-2009081TH WAY S 334TH PWfR-2009081ST WAY S 336TH PWTR-2009081 ST AVE S& S 330T PWTR-2009081000 SW CAMPUS DR- PWTR-200908175TH ST S 316ST PWTR-2009081300 S 344TH ST- PWTR-2009081403 SW 312TH ST P PWTR-200908 1405 S 312TH ST.- PWTR-200908 1414S 324TH ST.- PWTR-200908 1790 SW 345TH PLAC PWTR-20090818TH AVE S 312 S PWfR-200908 199 SW 311TH PLACE PWfR-200908 21ST AVE SW SW 3 PWTR-200908 21ST AVE SW SW 3 PWTR-200908 21ST AVE S GRID RO PWTR-200908 21ST AVE SW SW 3 PWfR-200908 21ST AVE SW 356T PWTR-200908 23RD AVE S 8� S 317 PWTR-200908 23RD AVE S& 320TH PWTR-200908 2510 S 336TH ST- PWTR-200908 2510 SW 336TH STRE PWTR-200908 2613 S 275TH PLACE PWfR-200908 28516 24TH AVE S- PWTR-200908 29600 PAC HWY S SI PWfR200908 2999 SW 314TH ST- PWTR-200908 30400TH PAC FiVVY S- PWTR-200908 30800 PAC HWY S- PWTR-200908 31020 14TH AVE S- PWTR-200908 3113 27TH AVE SW PVYfR-200908 31200 STATE RT 99 PWTR-200908 31455 28TH AVE S- PWTR-200908 31600 STATE RT 99 PWTR-200908 31847 PAC HWY S- PWTR-200908 31910 GATEWAY CNTR PV1lfR-200908 32000 PAC HWY S- PWfR-200908 32400 STATE RT 99 PWTR-200908 32400 STATE RT 99 271.06 64.28 86.43 62.24 415.94 105.33 26.92 219.78 163.95 531.87 82.40 54.39 187.52 10.00 70.� 28.48 27.12 72.04 62.72 135.58 10.00 25.19 10.00 113.09 39.86 145.93 59.01 131.88 102.84 242.74 74.41 93.22 88.69 165.28 145.93 21.10 10.00 25.03 20.07 364.52 65.67 49.76 47.36 34.96 85.73 233.49 82.49 95.18 187.08 39.77 216.57 92.85 234.98 758.00 117.71 26,753.61 Bank of America Page 22 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check T ota l 8l28/2009 PWTR 2009 08 PWTR-200908 32400 STATE RT 99 72.78 8/28/2009 PWTR 2009 08 PWTR-200908 32562 SW HOYT RD F 10.00 8/28/2009 PWTR 2009 08 PWTR-200908 32731 HOYT RD FLAS 10.00 8/28/2009 P1NTR 2009 08 PWTR-200908 33099 HOYT RD SW- 245.47 8/28/2009 PWTR 2009 08 PWTR-200908 3318 SW 346TH PLAC 35.57 8/28/2009 PVNTR 2009 08 PWfR-200908 33220 ST WAY S- 43.65 8/28/2009 PWTR 2009 08 PWTR-200908 33325 8TH AVE- 104.49 8/28/2009 PWTR 2009 08 PWfR-200908 33401 38TH AVE S- 151.01 8l28/2009 PWfR 2009 08 PWfR-200908 33405 6TH AVE S- 36.63 8/28/2009 PWTR 2009 OS PWTR-200908 33507 9TH AVE- 91.09 8/28/2009 PWTR 2009 08 PWTR-200908 33645 20TH PLACE- 145.93 8/28/2009 PWTR 2009 08 PWfR-200908 33800 WEYHR WAY S- 183.56 8/28/2009 PWfR 2009 08 PWTR-200908 34018 PAC HWY S- 54.39 8/28/2009 PWfR 2009 08 PWTR-200908 3420 SW 343RD ST- 27.19 8/28/2009 PWl'R 2009 08 PWTR-200908 34800 21ST AVE SW- 84.42 8/28l2009 PWTR 2009 08 PWTR-200908 34836 WEYHR WAY S- 44.85 8/28/2009 PWTR 2009 08 PWTR-200908 34801 16TH AVE S- 67.33 8/28/2009 PWTR 2009 08 PWfR-200908 35007 ENCHANTED PK 120.50 8/28/2009 PWTR 2009 08 PWTR-200908 35106 21ST AVE SW- 10.00 8/28/2009 PWTR 2009 08 PWTR-200908 35202 ENCHANT PKWY 205.10 8/28/2009 PWTR 2009 08 PWTR-200908 35600 PAC HWY S- 59.01 8/28/2009 PWTR 2009 08 PWfR-200908 35654 9TH AVE SW- 18.60 8l28/2009 PWTR 2009 08 PWTR-200908 35896 PAC HWY S- 71.77 S/28/2009 PWTR 2009 08 PWTR-200908 359091ST AVE SW F 10.00 8/28/2009 PWfR 2009 08 PWfR-200908 36111 16TH AVE S- 79.04 8/28/2009 PWTR 2009 08 PWfR-200908 36201 MILTON RD- 126.14 8l28/2009 PWfR 2009 08 PWfR-200908 36600 PAC HWY S- 10.55 8l28/2009 PWTR 2009 08 PWfR-200908 491 S 338TH ST- 49.76 8/28/2009 PWTR 2009 08 PWfR-200908 727 S 312TH ST- 168.03 8/28/2009 PWTR 2009 08 PWfR-200908 8TH AVE S& DASH P 54.75 8/28/2009 PWTR 2009 08 PWTR-200908 824 SW 361TH ST- 157.13 8/28/2009 PWfR 2009 08 PWTR-200908 S 322N ST 23 AVE 76.21 8/28/2009 PWTR 2009 08 PWfR-200908 HWY 509 8 21 ST AVE 30.14 8/28/2009 PWl'R 2009 08 PWTR-200908 NE CRNR S 312TH 8 143.89 8/28/2009 PWTR 2009 08 PWTR-200908 32932 7TH CT C0688 17.76 8/28/2009 PWTR 2009 08 PWTR-200908 S 304TH MILITARY 67.33 8/28/2009 PWTR 2009 08 PWTR-200908 S 312TH 23 AVE S 134.93 8/28/2009 PWTR 2009 08 PWTR-200908 S 314TH 20TH AVE 110.78 8/28/2009 PWTR 2009 08 PWTR-200908 S 320 SET 32RD A 203.33 8/28/2009 PWfR 2009 08 PWTR-200908 S 320TH 8� PAC HWY 555.46 8/28/2009 PWTR 2009 08 PWTR-200908 S 320TH WEYHR WA 188.65 8/28/2009 PWTR 2009 08 PWTR-200908 S 336TH ST 8 WEYHR 134.16 8/28/2009 PWTR 2009 08 PWfR-200908 S 348TH ST 8� PAC H 175.51 8/28/2009 PWTR 2009 08 PWTR-200908 S 316TH 20TH AVE 66.39 8/28/2009 PWTR 2009 08 PWTR-200908 SR 161 356TH NE 217.11 8/28/2009 PWTR 2009 08 PWTR-200908 STAR LK RD MILIT 39.63 8/28/2009 PWTR 2009 08 PWTR-200908 SW CAMPUS DR 6TH 51.62 8/28Y2009 PWTR 2009 08 PWfR-200808 SW 308TH ST 4 AV 10.00 8/28/2009 PWTR 2009 08 PWfR-200908 SW 312TH ST DASH 99.42 8/28/2009 PWTR 2009 08 PWTR-200908 SW 324TH 11TH PL 117.82 8/28/2009 PWTR 2009 08 PWfR-200908 SW 340TH 8 HOYT R 125.66 8/28/2009 PWTR 2009 08 PWTR-200908 SW 340TH ST 8 35TH 66.39 8/28/2009 PWTR 2009 08 PWTR-200908 21 ST AVE SW DASH 68.24 8/28/2009 PWfR 2009 08 PWfR-200908 34010 20TH AVE UO2 97.93 8/28/2009 PWTR 2009 08 PWTR-200908 S 348TH HOV A09328 212.86 8/28/2009 PWi'R 2009 08 PWTR-200908 S 333ST 1 WAY ZO 62.39 9/9/2009 131-066-1002 PWTR-NON METERED ELECT 8/09 15,158.53 213375 9/15/2009 008649 QUALITY WATER SERVICES, 8/31 /2009 66835 213376 9/15/2009 008264 R-4 PRINTING INC, 8/26/2009 61103 8/26/2009 61103 213377 9/15/2009 010187 RASOR, EVA EDLA 9/3/2009 AUGUST 2009 DBC-WATER COOLER RENTAL 8/09 PRCS/FV1�C- WINDOW ENVELOPES PRCS/FWCC- WINDOW ENVELOPES FWCC-AG07-095 EXERCISE TRAININ 30.05 30.05 366.83 183.42 183.41 24.00 24.00 Bank of America Page 23 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 213378 9l15/2009 004295 ROACH GYMNASTICS, 1,864.80 9/1/2009 SUMMER 2009 PRCS-GYMNASTICS CLASSES- 1,864.80 213379 9/15/2009 011692 ROCON EQUIPMENT SPECIALISTS, 75.00 8/26/2009 04-02109 REFUND MS-ROCON EQUIP. BL REFUND DUPL 75.00 213380 9/15/2009 008954 ROSE, HOLLY 135.44 9/3/2009 ROSE 2009 PKKFT-ROBIN HOOD COSTUME SUPF 135.44 213381 9/15/2009 005508 SAFAROVA-DOWNEY, ALMIRA 125.30 9/1/2009 09/01l09 MC-INTERPRETER SVCS 125.30 213382 9/15/2009 003726 SAFEWAY STORE #1555, 34.87 8/27/2009 1899898 PRCS-DECEPTION PASS CAMPING 34.87 213383 9/15/2009 010523 SBS OF AMERICA, 4,000.00 9/1l2009 23278 PARK-AG07-194 CHB JANITORIAL S 3,850.00 9/1/2009 23278 PARK-AG07-194 PKM JANITORIAL S 150.00 213384 9/15l2009 011698 SCHOOL HEALTH CORPORATION, 193.62 8/31/2009 1670392-00 PD-CAVICIDE SPRAY 193.62 213385 9/15/2009 006858 SCREEN GRAPHICS OF FLA, 41.59 8/18/2009 124734 PWSWR-PUBLIC AREA RECYCLING C 41.59 213386 9/15/2009 011696 SEATTLE PUBLIC SCHOOLS, 91.20 9/2/2009 JULY 20, 2009 PKKFT-120 POSTERS 91.20 213387 9l15l2009 000055 SEATTLE TIMES, 850.40 8l19/2009 1697472001 MSHR-WEB JOB LISTING AD 575.00 8/25/2009 1701060001 CD-RFP COTTAGE DEMO 275.40 213388 9/15/2009 001213 SECOMA FENCE INC, 529.98 7/23/2009 7571 PKM-FENCING REPAIRS AT STEEL L 529.98 213389 9/15/2009 011408 SECREST, SHELEY 250.00 8/17/2009 04 CM-AG09-052 CONFLICT DEFENDER 250.00 213390 9/15/2009 002683 SIX ROBBLEES' INC, 44.88 8!5/2009 2-441872 PD-LED LIGHT AND GROMMET 44.88 213391 9l15/2009 005497 SKINNER, BILL 151.89 8/25l2009 SKINNER 2009 PD-CIS CLOTHING ALLOW SKINNE 751.89 213392 9/15/2009 000714 SKYHAWKS SPORTS ACADEMY, 1,724.15 8/11/2009 240922315 PRCS-SOCCER,TENNIS, &BALL CLA 1,158.75 8/19/2009 240923127 PRCS-TENNIS PROGRAM 565.40 213393 9/15/2009 004963 SOUND PUBUSHING INC, 627.41 8/22/2009 261424 CDPL-RFP COTTAGE DEMO 49.03 8/15/2009 259380 CDPL-NOTICE OF DNS LEGAL 118.97 S/12/2009 258258 CD-DNS NOTICE LEGAL 95.60 8/12/2009 258261 CDPL-NOTICE OF DNS LEGAL 95.60 8/1/2009 252340 CDHS PUBLIC NOTICE 168.71 8/29/2009 263731 CDP-CODE AMENDMENTS LEGAL NO 99.50 213394 9/15/2009 004963 SOUND PUBLISHING INC, 117.64 6/30/2009 195168 MSHR-6/2009 EMPLOYMENT ADS 117.64 213395 9/15/2009 000285 SOUTH KING FIRE RESCUE, 50.00 9/14/2009 09-0065 PKM-STLK ANNEX OIL TANK PERMIT 50.00 213396 9/15/2009 001885 SPARKS CAR CARE, 3,797.49 8/25/2009 24502 PD-BRAKE SERVICE 169.87 8/25/2009 24502 PD-WIPER BLADES 41.91 8/25/2009 24502 PD-�OF 49.82 8/25l2009 24504 PD-ELECTRICAL WORK 73.65 8/27/2009 24513 PD-LOF 36.12 8/27/2009 24513 PD-BRAKE SERVICE 614J5 8/27/2009 24521 PD-LOF 37.09 9/1/2009 24548 PD-PARTS 183.79 9/1/2009 24549 PD-BATTERY 65.70 9/1/2009 24549 PD-BRAKE SERVICE 296.19 9/1l2009 24552 PD-ELECTRICAL WORK 36.91 8/18/2009 24460 PD-BRAKE SERVICE 511.49 8/18/2009 24462 PD-LOF 47.11 8/18/2009 24462 PD-TIRES 45.71 8/21/2009 24479 PD-BRAKE SERVICE 212.23 8/21/2009 24479 PD-WHEELS 642.94 8/21/2009 24479 PD-ALTERNATOR/GENERATOR 426.93 Bank of America Page 24 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8/21/2009 24479 PD-BATTERY 233.21 8/21/2009 24479 PD-LOF 34.98 8/31/2009 24535 PD-LOF 37.09 213397 9/15t2009 001618 SPEEDY GLASS TACOMA, 262.94 8/24/2009 9172-559402 PD-VEHICLE WINDSHIELD 262.94 213398 9/15/2009 004701 SPRINT, 213399 9/15/2009 213400 9/15/2009 213401 9/15/2009 213402 9/15/2009 213403 9/15/2009 213404 9/15l2009 213405 9/15/2009 213406 9/15/2009 9/9/2009 NEXTEL-SVC 9/9/2009 NEXTEL-SVC 8/28/2009 400102318-093 8l28/2009 400102318-093 007438 SPRINT/ROTHHAMMER INT'L, 8/20/2009 60654A 011454 STAPLES ADVANTAGE, 8l31/2009 97311094 8/31l2009 97311094 8/31/2009 97311094 8/31/2009 97311094 8/31 /2009 97311094 8/31/2009 97311094 8/31 /2009 97311094 8/31 /2009 97311094 8/31 /2009 97311094 8/31 /2009 97311094 8/31 /2009 97311094 8/31 /2009 97311094 8/31/2009 97311094 8/31 /2009 97311094 S/31/2009 97311094 8/31/2009 97311094 8/31 /2009 97311094 8/31 /2009 97311094 8/31 /2009 97311094 8/31/2009 97311094 8/31 /2009 97311094 8/31 /2009 97311094 8/31 /2009 97311094 8/31 /2009 97311094 8/31 /2009 97311094 8/31 /2009 97311094 8/31 /2009 97311094 8/31l2009 97311094 8/31 /2009 97311094 8/31/2009 97311094 009566 STAPLES BUSINESS ADVANTAGE, 8/29/2009 8013383453 8/29/2009 8013383453 011134 STENDER ZUMWALT, PLLC, 9/1/2009 110 007710 SUPERIOR IINEN SERVICE, 8/31/2009 96136 8/24/2009 94146 8/28/2009 S95568 002521 SUPERLON PLASTICS INC, 8l19/2009 09F3062 8/19l2009 09F3062 007990 SYMBOLARTS LLC, 8/25/2009 0117043-IN 8/7/2009 0116311-IN 009523 SYSTEMS FOR PUBLIC SAFETY, 8/20/2009 12657 8/29/2009 12668 8/25/2009 12634 8/25/2009 12646 IT-8/09 CELLULAR AIRTIME IT-8/09 CELLULAR AIRTIME IT-8/09 CELLULAR AIRTIME IT-8/09 CELLULAR AIRTIME FWCC-SPRINT AQUATIC GOGGLES F� AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPUES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST 2009 OFFICE SUPPLIES AUGUST OFFICE SUPPLIES STAPL AUGUST OFFICE SUPPLIES STAPL CM-AG08-159 PUBLIC DEFENDER- DBGLINEN SERVICE DBC-LINEN SERVICE DBC-LINEN SERVICE SWM-DRAINLINE FROM S 312TH THA PARKS-DRAINLINE FROM S 312TH T PD-BADGES PD-BADGES PD-REPAIR CEN COM PD-OPTICOM REPAIRS PD-TEST ALTERNATOR PD-REPLC VRM ANTENNA 8,736.10 1,357.59 1,470.72 2,835.74 3,072.05 703.61 703.61 3,456.02 509.82 101.64 43.96 115.17 59.57 59.56 60.75 31.45 75.31 14.94 39.45 86.28 39.45 110.92 69.76 102.01 158.93 25.80 11.96 562.56 614.37 123.75 63.38 30.89 117.44 42.35 109.18 35.54 14.03 25.80 211.36 124.82 86.44 29,558.00 29,558.00 118.89 31.25 31.21 56.43 175.27 87.64 87.63 125.00 82.50 42.50 646.58 163.83 231.39 83.78 41.90 Bank of America Page 25 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8/25/2009 12667 PD-REPAIR/TEST IGNITION FUSE 83.78 8/26/2009 12702 PD-RPLC DOOR OPENER ROD 41.90 213407 9/15/2009 000588 TACOMA PUBLIC UTILITIES, 1,271.31 8/24/2009 100048250 PKDBC/KFT8/09 PUBLIC UTILITIES 847.58 8/24/2009 100048250 PKDBC/KFT8/09 PUBLIC UTILITIES 423.73 213408 9/15/2009 010525 TEST AMERICA LABORATORIES, 616.40 8/11/2009 58054479 PWSWM-LABORATORY TESTING SER 616.40 213409 9/15/2009 009936 THE ACTIVE NETWORK, 257.33 7/31/2009 1000020676 FWCC-DATACARDS 257.33 213410 9/15l2009 006033 THE FAB SHOP LLC, 608.16 8/18/2009 14716 MSFLT- REPAIR AXIE REPLC BEA 402.88 8/24/2009 14732 MSFLT-REPLC TRAILER JACK 205.28 213411 9/15/2009 011663 THE GREG PROTHMAN COMPANY, 7,500.00 9/3/2009 2009-2329 MSHR-AG09-157 CITY MGR. SEARCH 7,500.00 213412 9/15/2009 010895 THERMAL SUPPLY, INC, 679.27 8/27/2009 102832 PKM-5' MANIFOLD, VALVE STEM, L 193.21 8/27l2009 103942 PKM-REFRIGERANT/INV#103942 486.06 213413 9/15/2009 004012 THOMPSON PUBLISHING GROUP INC, 438.50 7!7/2009 5638620 LAW; 1 YR SUBS FAIR LABOR STA 438.50 213414 9/15/2009 005623 THUILLIER, JENNIFER 313.50 8/31/2009 200949 SWR-PRINTING SERVICES 313.50 213415 9l15/2009 001424 THYSSENKRUPP ELEVATOR INC, 196.37 9/1/2009 250863 CHB-ELEVATOR MAINT SVCS 196.37 213416 9/15/2009 004218 TIMCO INC, 8/20/2009 190469 213417 9/15/2009 009834 TRADE DEVELOPMENT ALLIANCE, 8/14/2009 08.14.09-5825 213418 9/15/2009 008902 TRI-CITY MEATS, 9/2/2009 228009 8/26/2009 227826 8l31/2009 227931 213419 9f15/2009 005549 TRINH, JAMES 8/21/2009 08/21/09 213420 9/15/2009 008074 TRUGREEN LANDCARE LLC, 8/31/2009 6593727 8/31/2009 6593727 213421 9/15/2009 002426 UNITED GROCERS CASH CARRY, 9/2/2009 194725 9/2/2009 194849 8/28/2009 193393 8/27/2009 193111 8l27/2009 193199 8/31/2009 194195 8/29l2009 193772 8/30/2009 194021 S/26/2009 192156 S/24/2009 192324 8/24/2009 192485 8/24/2009 192485 8/25/2009 192564 9/1/2009 194462 213422 9/15/2009 003837 UNITED PARCEL SERVICE, 9/5/2009 OOOOF6588V369 8/29/2009 OOOOF6588V359 8/22/2009 OOOOF6588V349 213423 9/15/2009 005019 UNITED RENTALS NORTHWEST INC, 8/24/2009 83217095-001 213424 9/15/2009 005715 USA MOBILITY WIRELESS, 9/2/2009 S61638381 9/2/2009 S61638381 213425 9/75/2009 001146 USSSA/SLO-PITCHSOFTBALLASSOC, 8/24/2009 226 MSFLT-HYDROLIC HOSES CM/ED 2009-2010 ANNUAL MEMBE DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES MGINTERPRETER SVCS DBC-AG04-152:XX/04 DBC LANDSCA DBGAG04-152: ADDTL LNDSP SVCS DBC-CATERING SUPPLIES DBGCATERING SUPPLIES DBGCATERING SUPPLIES DBGCATERING SUPPLIES PRCS-FINAL FLING VtIEEK DBGCATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBGCATERING SUPPLIES DBGCATERING SUPPLIES PRCS-DAY CAMP FINAL DAY PARTY PRCS-DAY CAMP FINAL DAY PARTY DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES PD-DOCUMENT DELIVERY SERVICE PD-RETURN GOODS DELIVERY SERV PD-DOCUMENT DELIVERY SERVICE PWST-SAFETY GLASSES IT-9/09 PAGER LEASE IT-9/09 PAGER LEASE PRCS-FALL SFTBL TM RGSTRTN 33.99 33.99 150.00 150.00 809.87 256.76 571.41 41.70 138.50 138.50 2,408.41 1,824.97 583.44 1,570.59 221.61 81.67 114.13 103.81 117.99 79.38 168.45 155.01 75.99 124.17 10.83 67.93 726.02 123.60 73.88 1.88 19.09 53.01 13.11 13.11 118.05 61.39 56.66 350.00 350.00 Bank of America Page 26 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 213426 9/15/2009 003563 VALLEY COMMUNICATIONS CENTER, 1,020.00 8/26/2009 0010195 PD-8/09 MDT USER FEE- 1,020.00 213427 9/15/2009 001124 VERIZON WIRELESS, 65.61 8/13/2009 0788755571 IT-PD-BOMB SQUAD CELLULAR 65.61 213428 9/15l2009 011707 VERMONT MANAGEMENT INC, 13.18 8/28/2009 OZ-65742 REFUND PW-02-65742 ROADHOUSE BOND 135.18 8/28/2009 02-65742 REFUND PW-02-65742 ROADHOUSE BOND -122.00 213429 9/15/2009 011067 VtA ARCHITECTURE INC., 3,500.00 8/25/2009 1 CM-AG09-163 AMC SITE PLAN STUD 3,500.00 273430 9/15/2009 007607 WA CITIES INSURANCE AUTHORITY, 35,542.37 8/17/2009 WCIA REIMB Sl17/09 RM;ROQUE REIMB TOWARDS DED 24,370.43 8/17/2009 WCIA REIMB 8/17/09 RM-RODRIQUEZ TOWARD DED; 4/15! 1,125.00 8/17/2009 WCIA REIMB 8/17/09 RM; GREEN TOWARD DED; 5/2009; 946.79 8/17/2009 WCIA REIMB 8l17/09 RM;MCCORD-RABAGO TOWARD DED 2,349.50 8l17/2009 WCIA REIMB 8/17l09 RM-BALIKA TOWARD DED; 7/7/09 104.80 8/17l2009 WCIA REIMB 8/17/09 RM; FURNITURE FACTORY; TOWARD 6,645.85 213437 9/15/2009 004258 WA STATE DEPT OF LICENSING, 396.00 9/10/2009 SEPT 15, 2009 A PD-(8/09) REMIT CPL FEES 180.00 9/10/2009 SEPT 15, 2009 B PD-(8/09) REMIT CPL FEES 162.00 9/10/2009 SEPT 15, 2009 C PD-(8l09) REMIT CPL FEES 54.00 213432 9/15l2009 000280 WA STATE EMPLOYMENT SECURITY, 13.50 8/24/2009 09-46403-RDU-L5 PD-EMPLOYMENT HISTORY M COOL 13.50 213433 9/15/2009 000340 WA STATE INFORMATION SERVICES, 823.54 8/31/2009 2009080177 IT-8/09 SCAN SERVICE 362.36 8/31l2009 2009080177 IT-8/09 SCAN SERVICE 411.77 8/31/2009 2009080177 IT-8/09 SCAN SERVICE 49.41 213434 9/15/2009 001379 WA STATE L&I ELEVATOR SECTION, 109.40 8/14/2009 106197 CHB-ELEVATOR OPERATING PERMIT 109.40 213435 9/15/2009 006876 WA STATE POLICE CANINE ASSOC, 150.00 9/2/2009 NOVAK REGISTER PD-WSPCA CONF. M NOVAK 150.00 213436 9/15/2009 000514 WA STATE-STATE REVENUES, 124,454.12 9/11/2009 AUG 2009 MSF-STATE PORTION REMIT FEES C 54,188.32 9/11/2009 AUG 2009 MSF-PSEA COURT FEES #2 28,401.86 9/11/2009 AUG 2009 MSF-PSEA COURT FEES #3 268.70 9/11/2009 AUG 2009 MSF-PSEA JIS FEES 21,278.71 9/11/2009 AUG 2009 MSF-TRAUMA VICTIMS FEES 5,728.30 9/11/2009 AUG 2009 MSF-SCHOOL ZONE SAFETY 1,275.08 9/11/2009 AUG 2009 MSF-AUTO THEFT PREV. 10,973.48 9l11/2009 AUG 2009 MSF-BRAIN TRAUMA INJ 2,067.65 9/11/2009 AUG 2009 MSF-JUDICIAL STABILIZATION TRU 20.02 9/11/2009 AUG 2009 MSF-SBCC SURCHARGE FEES 252.00 213437 9/15/2009 000537 WACE-WA ASSOC CODE ENFORCEMEN" 500.00 8/24/2009 8/24/2009 CD&WACE FALL CONF REGISTRATIC 500.00 213438 9/15/2009 006007 WALKER ACE HARDWARE, 19.67 8/28/2009 004906 DBC-WOOD GLUE 19.67 213439 9/15/2009 000343 WASHDUP, LLC, 1,188.40 7/31/2009 ELEPHANT CAR PD-7/09 CAR WASH SERVICE 1,188.40 213440 9/15/2009 000783 WASTE MANAGEMENT, 393.68 9/1/2009 0927789-1055-1 SWR-(8/09) LITTER DISPOSAL SVC 393.68 213441 9/15/2009 009995 WATER MANAGEMENT, 132.00 8/17/2009 82955 SWM-LABORATORY SERVICES 132.00 213442 9/75/2009 011545 WEBB MANAGEMENT SERVICES, 13,473.30 7/31/2009 229-03 CM-AG09-723 PERFORMING ARTS CN 13,248.30 8/31/2009 229-04 CM-AG09-123 PERFORMING ARTS CN 225.00 213443 9/15/2009 003500 WESCOM COMMUNICATIONS, 98.55 8/12/2009 19500 PD-CALIBRATE RADAR SYSTEM 98.55 213444 9/15/2009 003444 WEST CAMPUS CLEANERS, 914.65 8/31/2009 AUGUST 2009 PD-AG07-135 DRY CLEANING SVCS- 914.65 213445 9/15/2009 011481 WESTBLOOM, ROBERT 26.00 8/24/2009 669324 PRCS-REFUND REC PROGRAM FEES 26.00 213446 9/15/2009 000541 WESTERN EQUIPMENT DISTRIBUTORS, 287.88 8/19/2009 608387 MSFLT-BATTERY 120.87 Bank of America Page 27 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 9/10l2009 WESTERN EQP MSFLT-BLADE 167.01 213447 9/15/2009 000076 WFOA, 9/10/2009 2009537 213448 9/15l2009 011523 WHOLESALE SPORTS, 8/27/2009 150-00010 7/23/2009 150-00003 8/28/2009 150-00011 213449 9/15/2009 010720 WILDER, SAMANTHA 9/1/2009 WECFWI6 213450 9/15/2009 000660 WOODWORTH COMPANY INC, 8/18/2009 192989 8/25/2009 193064 8/31/2009 193202 213451 9/15/2009 005697 WORK-SPORTS OUTDOORS, 8/13l2009 1-1023244 213452 9/15/2009 011695 YAHOO! CUSTODIAN OF RECORDS, 8/31/2009 AUGUST 31, 2009 213453 9/15/2009 008036 YWCA SEATTLE- KING COUNTY, 9/1l2009 2ND QTR 2009 80937939/1/2009 009467 US BANK, 80947599/1/2009 009507 US BANK, 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8l25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25l2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 AUGUST 2009 MSF-WFOA CONF. P. HUYNH PKM-CREW WADERS PWSWM-STEEL TOE BOOTS FOR PAl SWM-BOOTS FOR ERIC FOX SWR-AGO&044 RECYCLING PROGRA PWST-ASPHALT MIX PWST-ASPHALT MIX PWST-ASPHALT MIX PKM-WORK PANTS/PROCTOR PD-REQUEST FOR INFO #134565 CDHS-AG09-071 DOMESTIC VIOLENC PD-WSSO SCHL SAFETY TRNG CHI PD-RECORDS SPECIALIST INTERVIE PD-CRIME ANALYSIS APP. K CROUC PD-CARBINE 2 TRNG K SMITH PD-GLOCK ARMORER TRNG. C WALK PD-NTOA DUES K SUMPTER PD-ORBITZ CANCELLATION FEE S PD-CAMERA BATTERY CHARGERS PD-TARGETS FOR FIREARM TRNG PD-REFREGERATOR REPAIR PARTS PD-RESPIRATOR/FACE MASKS PD-DISPOSEABLE GARMETS PD-TARGET STICKERS PD-TASER BATTERIES PD-MEDIA CARD READER PD-COPQUEST SHIPPING FEES PW-NAME CHANGE FEE-OVERLAND PRCS-RECYCLE WEEK SUPPLIES PRCS-PIRATE TREASURES SUPPLIE: PRCS-LASER QUEST-FIT CAMP PRCS-LASER QUEST-FIT CAMP PRCS-KID'S DAY SUPPLIES FWCC-GROUP POWER LICENSE PRCS-DAY CAMP WALKIE TALKIES PRCS-GARDEN PROJECTS SUPPLIES PRCS-GARDEN PROJECTS SUPPLIES FWCC-ZUMBA INSTRUCTOR AD FWCC-WEIGHTS RACK PRCS-BUTCHER PAPER PRCS-VICTORIA BC TRIP PRCS-VICTORIA BC TRIP PRCS-VICTORIA BC TRIP PRCS-VICTORIA BC TRIP PRCS-LOG HOUSE TOUR PRCS-DINNER MOVIE PRCS-BOEHMS CANDIES TOUR PRCS-SPACE NEEDLE TRIP PRCS-SPACE NEEDLE TRIP PRCS-MYSTERY TRIP FWCC-EQUIPMENT SERVICE FWCC-EQUIPMENT SERVICE USE TA: FWCC-EQUIPMENT SERVICE 325.00 325.00 392.37 98.09 130.79 163.49 622.05 622.05 2,716.86 257.54 988.50 1,470.52 72.31 72.31 49.50 49.50 1,250.00 1,250.00 2,498.21 336.92 71.78 525.00 500.00 150.00 40.00 25.00 40.05 43.90 47.04 208.96 260.01 157.50 70.61 9.49 17.95 100.00 80.70 22.98 36.00 36.00 91.06 740.00 533.25 19.29 19.71 25.� 337.50 50.46 92.91 114.09 812.12 358.01 18.00 40.00 27.00 758.19 20.00 55.99 324.82 17.37 -17.37 10,481.06 Bank of America Page 28 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8l25/2009 AUGUST 2009 PRCS-GARDEN PROJECTS 12.02 8/25/2009 AUGUST 2009 PRCS-TEEN CAMP RAINERS TRIP 90.00 8/25/2009 AUGUST 2009 PRCS-BEAUTY BEAST SHOW KIT- 1,623.50 8l25/2009 AUGUST 2009 CC-AWC CONF. DOUBLETREE HOTEL -1.25 8/25/2009 AUGUST 2009 PRCS-DECEPTION PASS TRIP 65.77 8/25/2009 AUGUST 2009 PRCS-BRUNCH A MOVIE 24.00 8/25/2009 AUGUST 2009 FWCC-SWIM DIAPERS/RESALE ITEM: 98.25 8/25l2009 AUGUST 2009 PRCS-RIDE THE DUCK SR TRIP 231.04 8/25/2009 AUGUST 2009 PRCS-RIDE THE DUCK SR TRIP 20.00 8/25/2009 AUGUST 2009 PRCS-RIDE THE DUCK SR TRIP 15.00 8/25/2009 AUGUST 2009 PRCS-TEEN CAMP GLOW GOLF/MOVI 90.00 8l25/2009 AUGUST2009 PRCS-WA HISTORICAL SOC. TRIP 496.00 8/25/2009 AUGUST 2009 PRCS-FIT CAMP ICE SKATING 25.42 8/25/2009 AUGUST 2009 PRCS-FIT CAMP ICE SKATING 25.42 8/25/2009 AUGUST 2009 PRCS-ARGOSY CRUISES TRIP 381.12 8/25/2009 AUGUST 2009 PRCS-ARGOSY CRUISES TRIP 23.00 8/25/2009 AUGUST 2009 FWCC-KID ESCAPE CRAFT SUPPLIES 23.38 8/25/2009 AUGUST 2009 PRCS/FWCC-PRESCHL KID ESCAPE 31.27 8/25/2009 AUGUST 2009 PRCS/FWCC-PRESCHL KID ESCAPE 31.27 8/25/2009 AUGUST 2009 FWCC-BIGGEST LOSER FINALE PART 16.88 8/25/2009 AUGUST 2009 CGLUNCH MTG W/FERRELL 39.06 8/25/2009 AUGUST 2009 CGLUNCH MTG W/KOCHMAR 18.45 8/25/2009 AUGUST 2009 CC-LUNCH MTG W/KOCHMAR 17.90 S/25/2009 AUGUST 2009 PW-8!7/09 STAFF LUNCH 40.00 8/25/2009 AUGUST 2009 SWM-ETHYL ALCOHOL WATER SAti 420.93 8/25/2009 AWGUST 2009 SWM-STAINLESS CABLE HARDWAF 51.03 8/25/2009 AUGUST 2009 SWM-IECA DUES C STEFFEN 170.00 8/25/2009 AUGUST 2009 PW-WASTE MGMT CONTRACT NEGO' 110.00 8/25/2009 AUGUST 2009 CC-COUNCIL MTG FOOD 68.09 8/25/2009 AUGUST 2009 MSF-WFOA CONF. REGISTER HORTO 950.00 8/25/2009 AUGUST 2009 IT-RAM FOR PAUL HELLER 25.43 8/25/2009 AUGUST 2009 MSF-PSFOA CONF. HORTON, ROSSIC 75.00 8l25/2009 AUGUST 2009 LAW-WSAMA. CONF. ARTHUR, RICHAf 230.00 8/25l2009 AUGUST 2009 LAW-WSAMA CONF. ARTHUR, RICHAf 230.00 80994919/2/2009 011218 US BANK, 8/25/2009 AUGUST 2009 8/25/2009 8/25/2009 8/25l2009 8/25l2009 8/25/2009 8125l2009 8/25/2009 8/25/2009 8/25/2009 8/25/2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 8l25/2009 AUGUST 2009 8/25l2009 AUGUST 2009 8/25/2009 AUGUST 2009 8/25/2009 8l25/2009 8/25l2009 8/25/2009 8/25/2009 8/25/2009 8/25/2009 8/25/2009 8/25/2009 8/25/2009 8/25/2009 8/25/2009 8l25/2009 8/25/2009 8/25/2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 AUGUST 2009 PKM-LOCK FOR STEAL LAKE PKM-SOAP DISPENSERS FOR CP CH&FUSES CHB-SHOCK WAVE CLEANER CHB-SIGN SAMPLE CHB-LIGHT BULBS PWEOGKEYS FOR AM RADIO STATIC PWEOGTRIFOLD BOARD DISPLAY PARKS-NRPA AGENCY RENEWAL CC-MAYOR'S TOWN HALL SNACKS CC-MAYOR'S TOWN HALL SNACKS CC-MAYOR'S TOWN HALL SNACKS CM-ICSC CONF. P DOHERTY CC-SPECIAL COUNCIL MTG DINNER CGKOREAN VISITORS RECEPTION PD-OFFICE SUITE SOFTWARE IT-KEYBOARD-PATRICK MAHR RM IT-LINKSYS WIREIESS ADAPTER IT-MEMORY FOR ITONIC LT IT-TIGER DIRECT.COM RETURN GOO CD-INTERVIEW PANEL LUNCH CD-CAMERA FOR CODE ENFORCEME CD-DRILL ACCESSORIES CD-ABATEMENT MATERIALS CD-WABO CONF. REGISTER BAILEY CD-CODE BOOKS CD-POSTAGE STAMPS CM-PAPER PLATES HR-WAPELRA CONF MCDOUGAL, SO 16.84 106.19 6.55 59.13 5.38 235.26 15.00 7.44 550.00 29.08 52.80 24.44 173.48 152.82 18.38 547.49 81.98 37.99 28.98 -12.99 84.96 191.60 285.69 133.04 310.00 489.47 7.92 10.48 280.00 4,772.71 Bank of America Page 29 of 29 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8/25/2009 AUGUST 2009 MSHR-AL YOUTH EVENT 296.05 8/25/2009 AUGUST 2009 SWM-EROSION CONTROL BLANKET 346.02 8/25/2009 AUGUST 2009 SWM-HARDENED NEEDLES 47.52 8/25/2009 AUGUST 2009 DBC-WATER BOTTLE CAPS 16.34 8/25/2009 AUGUST 2009 DBC-DOOR CHIME 43.70 8/25/2009 AUGUST 2009 DBC-TABLE CLOTHS 93.08 26813529l9/2009 000061 WA STATE REVENUE DEPARTMENT, 9/10/2009 601-223-5385 9/10/2009 601-223-5385 9l10l2009 601-223-5385 8/10/2009 601-223-5385 9/10/2009 601-223-5385 9l10/2009 601-223-5385 9/10/2009 601-223-5385 9/10/2009 607-223-5385 9/10/2009 601-223-5385 9/10/2009 601-223-5385 MSF-8/09 REMIT USE TAX MSF-8/09 REMIT SALES TAX MSF-8/09 REMIT SALES TAX MSF-8/09 REMIT SALES TAX-FWCC MSF-8/09 REMIT SALES TAX DBC MSF-8/09 REMIT SALES TAX FWCC MSF-8/09 REMIT SVC TAX/PW STOR MSF-8/09 REMIT SALES TAX DBC MSF-8/09 REMIT SALES TAX DBC MSF-8/09 REMIT SALES TAX ROUND 2,286.18 38.94 1,707.24 8,014.42 4,529.52 1,423.15 186.24 6,712.74 -6,712.74 -0.01 18,185.68 Total Checks Issued 457 Total 51,550,478.63 COUNCIL MEETING DATE: October 6, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM G SUB.TECT: AUGUST 2009 MONTHLY FINANCIAL REPORT POLICY QUESTION Should the Council approve the August 2009 Monthly Financial Report? COMMITTEE: Finance, Economic Development and Regional Affairs Committee CATEGORY: Consent City Council Business STAFF REPORT BY: Tho Attachments: Ordinance Resolution Finance Director August 2009 Monthly Financial Report Options Considered: MEETnvG DATE: September 22, 2009 Public Hearing Other DEPT: Finance 1. Approve the August 2009 Monthly Financial Report as presented. 2. Deny approval of the August 2009 Monthly Financial Report and provide direction to staf� STAFF RECOMMENDATION Staff recommends approval of O�tion 1. CITY MANAGER APPROVAL: �D.,C.Iv� 1 .���Yu✓� Q DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: Forward approval of the August 2009 Monthly Financial Report to the October 6, 2009 City Council Consent Agenda. Dini Duclos, Member Eric Faison, Member PROPOSED COUNCIL MOTION "I move approval of the August 2009 Monthly Financial Report. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) CpUNCIL ACTION: APPROVED COUNCIL BILL DENIED 1sT reading TABLED/DEFERRED/NO ACl'ION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINAPiCE REVISED 02/06/2006 RESOLUTION Federal Way August 2009 Monthly Financial Report GENERAL STREET FUND OPERATIONS The overall operations of the combined General and Street Fund year-to-date showed a negative result of $763K through August. Overall revenue total $27.8M and is $113K or less than 1% below ytd projections. Criminal Justice sales.tax ($187K), Sales Tax ($152K), Gambling Taxes ($62K), and Row Permits ($lOSK) are below projections and are offset by increases in General Recreation fees ($170K), Property Tax ($97K), and Court Revenues ($67K). 2008 2008 YTD BUDGET VS ACTUAL ENERAL 8 STREET FUND MnuaM Mnual YTD Mnual" YTD YTD Favonble (UMavorable) ummary of Souress Uses Budget Actual Actual Budget Budpet Actual S eginning Fund Balance 8,009,058 8,009,053 8,009,053 5,642,307 5,642,307 5,642,307 0.0 PERATING REVENUES ropeAyTaxes 9,122,267 9,213,312 4,865,429 9,237,000 4,908,120 5,�4,649 96,529 2.0% ales Tax 13,089,445 12,144,158 8,289,241 11,000,000 7,266,587 7,714,435 (152,745) _p.� riminal Justice Sales Tax 2,289,763 2,051,524 1,393,433 2,000,000 1,358,437 7,171,349 (187,088) -13.8% Intergovemmental 2,398,026 2,434,732 1,564,265 2,372,000 1,523,961 1,546.745 22.784 1.5 treamline Sales Tax 46,587 M easehoid Tax 2,026 5,712 3,970 4,000 2,780 4,070 1.229 44.2 ambling Taxes 7,400,000 7,259,783 831,514 1,2�,000 828,485 766,498 (61,988) -7.5 ourl Revenue 998,825 1,507,362 7,014,000 7.469,000 995,092 1,062,207 67,108 6.7% uilding Pertnits/Fees-CD 2,182,700 1,481,211 1,098,373 1,259,077 886,308 909,370 23,062 2.6 OW Permits Develop Svcs Fees-PW 483,399 461,652 335,704 529,000 354,953 250,005 (104,948) -29.6 icenses 235,578 238,024 89,850 240,000 90,596 94,824 4,227 4.7 Franchise Fees 1,073,269 967,240 731,248 1,000,000 756,075 717,699 (38,316) -5.1 PassportAgencyFees 91,388 74,830 58,155 93,000 72,276 50,415 (21.861) -30.2 enerel Recreation Fees 600,915 775,243 616,935 600,000 477,478 647.143 169,665 35.5 ublicSafety 1,072,695 1,048,350 612,974 761,000 444,959 459,510 14,551 3.3% dmin/Cash Management Fees 605,695 593,209 395,473 628,424 419,324 419,324 0.0% Interest Eamings 741,023 292,130 218,312 72,250 53,993 76,413 22,420 41.5% isGOther 240,750 293,865 177,057 267,000 760,870 192,267 31,397 79.5 oin T Utilily Tax-Celebration Park 266,000 266,000 266,000 279,300 279,300 279,300 0.0 Utility Tax-Arts Comm/RW&B Festival 108,000 108,000 708,000 173,400 113,400 113,400 0. Utilily Tax-Police Positions 728,000 728,000 728,000 952,168 952,168 952,768 0.0 Utilily Tax-SVeet Bond Projects 321,592 321,592 321,592 337,671 337,671 337,671 0.0 Utiliry Tax-New SVeet Lights 116,014 116,014 116,014 121.815 121,815 121,815 0.0 Utility Tax-Camp Kilworth M&O 710,000 t 10,000 110,000 1 t5,500 115,500 115,500 0.0% Utility Tax-General Fund Oper 1,761,946 1,761,946 400,000 4,509,708 2,900,000 2,900,000 0.0 Utility Tax-Prop 1 SafeCily M&O 37,500 59,559 37,500 37,500 0.0 UtilityTax-Prop t VoterPsckage 2,548,000 2,269,584 1,469,492 3,361,668 2,314,279 2,314,279 0.0 UtilityTax-NewParksM&O 62,000 62,000 62,000 65,100 65,100 65,100 0.0 oEal Opecating RavAnu6s d2,6$8,158 40,632,057 25',871,032 43,64T',040 2T',888,982 3i,723,682 i(513,38fi) -0.S PERATING EXPENDITURES ity Council 381,122 393,385 315,282 390,470 312,945 327,245 (8,299) -2.7% iryManager 1,763,646 1,703,231 1,091,902 1,637,258 1,171,920 1,273,092 (101,771) -8.6% unicipal Court 7,481,211 1,461,125 946,658 1,455,440 942,975 954,429 (71,455) _�,ygy conomic Development 345,201 236,897 157,077 413,914 274,449 779,074 95,374 3.{,g uman Resources 1,214,135 1,180,627 815,069 949,445 643,473 607,685 35,788 5.6 inance 890,231 898,031 608,460 985,342 667,618 622,885 44,733 6.7 ivil/Criminal Legal Services 1,604,243 1,565,028 7,012,646 1,543,207 1,023,296 1,046,525 (23,230) -2.3 omm. Development Svcs 4,415,580 3,714,586 2,434,939 4,040,327 2,678,088 2,435,126 242.962 g,� ail Services 1,974,022 1,785,884 973,660 2,092,463 1,140,807 1,092,494 48,373 4.2° olice Services 22,526,682 21,593,964 14,712,045 22,744,735 14,826,044 74,690,085 t35,959 0.9% arks and Recreation 4,105,782 3,848,766 2,652,819 4,010,414 2,864,237 2.464,694 399,542 13.9 ublic Works 5,321,315 4,649,782 3,008,479 4,828,033 3.164,498 2,799,132 365,365 71.5 afatOporatingExpanditures 46,023.168 43,031.305 28,129,036 45.081,6d8 28.710,348 28,486,4b6 '1.2x3,882 2.8°' pareting Revenues ovar/(under) Openting Expanditures (3,337,012) (2,399,248) (2,2b2,004) (2,444,008) (7,873,386) (762,884) 1,710,502 -46.3 THER FINANCING SOURCES One-TimeTransiersln 120,795 87,156 36,491 7,956,798 1,845,925 1,845,925 0.0°�. Grants Other 129,171 81,387 75,414 1,106,361 243,328 243,328 0.0°b Interfund Loan Proceeds 65,000 65,000 65,000 N Total Olher Financing Sources 248,966 168,543 117,904 3,128,159 2,164,253 2,754,253 n/a n/a THER FINANCING USES CityManagerContingency 3,036,935 71,181 689 500,000 n/a N One-Time Transfers 7,819 7,819 7,819 n/a N Other 135,420 n/a N Temporery Interfund Loan to FWCC 65,000 n/a N Total OtherFinaneing Uses 3,036,935 136,181 689 643,239 7,819 7,819 n/a Na otal Ending Fund Balanea S 1,885,077 5,642,307 S 5,868,264 S 5,683,219 5,816,365 S 7,025,857 n/a nl *Annusl Budget includes Long Range Plau Budget adjustments. DESIGNATED OPERATING FUNDS Through August, designated operating funds revenue total $17.SM and is $362K above the year-to-date budget of $17.2M. Expenditures of $19.8M is $598K below year-to-date budget of $20.4M. 2008 2009 YTD BUDGET VS ACTUAL DESIGNATED OPERATING FUNDS Annual• Annual YTD Mnual' YTD YTD Favorable (Unhvonble) ummary of Souroes Uses Budget Actual AcWal BudgeS Budge! Aetual i Begin Balance-Designated Funds 7,295,982 3,411,135 3,411,135 9.219.725 9,219,725 9,219,726 OPERATING REVENUES Intergovemmental 559,023 531,722 348,238 560,775 367,227 331,063 (36,164) -9.8% UtilityTaxes 9,197.069 10.427.717 7.296.268 10.537.895 7.442.070 7.418,308 (23,762) -0.3 Prop 1 2,585.500 3.041,419 2.128.078 3,200.399 2.170,604 2,163,672 (6.932) -0.3% oteVMotel Lodging Tax 780,353 188,833 722.482 780,000 109,909 95,688 (14.221) -12.9% Real Estate F�edse Tau 3,300,000 2,590,310 2,037,562 800,000 560.299 972,836 412,337 73.6% FW Community CentervOperations 1,663,407 1,398,783 991,483 1,690,157 1,220,245 7,084,546 (135,699) -t1.1 Red Light Photo Enforcement Program 50,000 141,774 580,000 386,667 607,765 221,099 57.2 Property Tax KC E�¢ansion Levy 148,896 149,205 86,289 86,289 0.0 Dumas Bay CeMre 634,717 494,270 319,074 589,732 380,312 330,477 (49,834) -t3.1 Knutzen famity Theatre 77,955 106,851 96,207 98,087 88,316 54,756 (33,560) -38. SWNI Fees 3,604,132 3,234,330 1,731,862 3,314,114 1,774,583 1,854,279 79,696 4.5 Refuse Cdlection Fees 242,850 282,847 t97,t36 270,732 203,049 204,480 1,431 0.7 IMerest Eamings 159,970 308,370 221,739 749,779 107,658 52,291 (55,367) -57.4 Miscellaneous/Other 4,000 3,334 4,250 3,077 3,077 Na n a sfen In: Uti1Ny Tau-Knutren Theatre t29,260 129,260 129,260 135,723 135,723 735,723 0. UtilityTax-DebtService 1,343,633 913,333 913,333 974,332 302,168 302,166 0.0% Utility Tax-Arterial Streets 1,400.000 1.400,000 1.400.000 7,400.000 1,400,000 1,400,000 0.0% Utilily Tex-New Commu�ity CeMer 528,348 528,348 352,232 554,766 419,410 419,410 0. otal Openfinp Rsvenuea 2b,660,277 25,848,778 18,284,954 25,128,226 77,164,506 17,516,808 362,101 1.4% ERA7ING EXPENDITURES City Ove�lay Program 2,412.849 2.006.078 1.904,850 2,050.407 7,946,942 1,757,595 188.347 9.7% UtilityTax-AdmiNCash Mgmt Fees 59,747 59,747 39,832 62,737 41,424 41,424 (0) 0.0% Sdid Waste 375.060 370,718 222,171 489.233 293.198 298.978 (5.780) -2. HoteUNbtelLodgingTax 385,510 7�,905 155,952 380,895 301,676 120,273 181,403 60.7 FW Community CentervOpe2tions 2,061,781 1,988,998 7,310,835 2,069,859 7,357,273 1,456,436 (99,222) -7.3 raffie Safety (Rad Light Photo) 50,000 5,563 400 (400) N Debt Service 1,207,830 7,795,133 384,087 1,203,385 386,740 338.918 47,822 72.4 SurfaceWaterManagement 3,278,795 2,991,248 2,056,424 3,371,483 2,317,828 2,003,369 314,459 73.6% DumasBayCentre 643,413 585,803 368,134 587,493 369,196 385,334 (16,138) -4.4 KnutzenFamityTheaVe 210,939 278,870 175,664 232,397 146,390 759,914 (13,525) -g.2 On oin T nsfers Out: Utiliry Tax-Celebration Park 266,000 266,000 266,000 279,300 279,300 279,300 0. Utilily Tax-FWCC Operations 528,348 528,348 352,232 554,766 4t9,470 419,470 0. UtililyTau-FWCCReserves 311,927 N Utilily Tax-Arts Comm/F2W8B Festival 108,000 708,000 708,000 113,400 113,400 113,400 0.0% UtililyTax-PolieePositions 728.000 728.000 728,000 952,168 952,168 952,188 0. UElily Tax-Street Bond ProjeUs 321,592 321,592 321,592 337,671 337,671 337,671 0. UtililyTau-NewStreetLights 716,014 116,014 116,014 121,815 727,815 121,815 0. UtililyTax-KnutzenFamilyTheatre 129,260 129,280 129,260 735,723 735,723 135,723 0.0 Utilily Tax-Arterial Streets Ove�lay 7,400,000 1,400,000 1,400,000 1,400,000 7,400,000 7,400,000 0.0% Utilily Tau-Camp KiMrorth M80 110,000 110,000 110,000 115,500 115,500 115,500 0. UtililyTax-TransportationClP 1,400,000 7,400,000 1,400,000 3,700,000 3,700,000 3,700,000 0. Utilily Tax-General Fund Operations 1,761,946 1,781,946 400,000 4,509,108 2,900,000 2,900,000 0. Utilily Tax-Prop 1 Vot� Package Prog 2,548,000 2,269,584 1,469,492 3,361,868 2,314,279 2,314,279 0. UGlity Tax-Prop 1 SafeCiry M&O 37,500 59,559 37,500 37,500 0. U81ilyTax-FVVCC Debt Sve 913,333 913,333 973,333 914,332 302,766 302,166 0. Utility Tax-New Parks M&O 62,000 62,000 62,000 65,100 65,100 65,100 0. otal Openting Ezpenditures 21,109,296 19,783,740 74,383,872 27,379,326 20,354,638 78,756,672 587,865 3.0% penting Revenues oved(under) Opentinp ExpendiWres 4,550,915 6,056,639 3,897,081 (2,250,100) (3,200,137) (2,240,065) 960,066 16.9X THER FINANCING SOURCES One-Time Transfers In 1,996,328 1,996,328 2,193,020 (196,892) N Grants/MitigationlOther 297,000 359,420 153,348 149,000 t49,000 782,015 (33,015) -p2,2 Temporary Interfund Loan 65,000 N Tofal Olher Financing Souroes 297.000 424,420 753,368 2,145,328 2.145,328 2,375,036 (271,OM) �3,9x THER FINANCING USES Ono-Time Transfers Out/Other 4,964,300 4,557,526 2,664,000 2,024,000 2,024,000 2,444.267 (420,267) -20.8 InterturW Loan RepaymentlFWCC 65,000 65,000 65,000 N Total Olher Financinp Uses 4,964,300 4,b67,526 2,664,000 2,089,000 2,089,000 2,508,267 1,893,826 41.39G ENDING FUND BALANCE Arterial Street 15,106 482,408 (44,958) 400,000 579,695 Na N UtilityTax 3,246,665 5,693,452 495,915 2,025,461 1,780,701 Na N UtilityTax-EartnarkedforPropl 646,736 511,45� 658,586 1,158,186 970,079 Na N Solid Waste Recycling 144,298 173,319 143,651 92,817 126.081 Na N HoteVMotel Lodging Tax 194,142 167,635 773,615 Na N FW Communiry CeMer 751,388 984 54,277 422,975 (0) Na N TraNic Safety Fund 135,819 135,819 135,819 163,867 Na N Paths Trails 44,892 193,�95 41,269 727,615 60,777 n/a N Debt Service Fund 2,777,467 1,763,666 3,161,850 2,764,320 3,144,180 Na N Surface Water Management 150,457 65,275 122,600 24,982 (1) Na N Dumas Bey Centre Operations (84,946) (167,777) (49,060) (166,138) (222.634) Na N Knutzen Family Theatre 87,539 38,503 39,803 39,916 69,068 Na M Tofal Endin Fund Balance S 7.�79,597 S 9,084,437 S 4,927,386 S 7,025,953 S S 6,845,428 n/a n/a *Annual Budget includes Long Range Plan Budget adjustments. Real Estale Excise Tax Compared to year-to-date 2008, collections are down $1.1M or 523%. August's receipt of $83K is $57K below August 2008's actuals and $26K above August 2009's projections. Compared to 2009 YTD Budget, collections are up $412K or 73.6%. The original revised budget for 2009 was $2.8M. In June 2009, Council adopted a$2M reduction in REET projections bringing the revised budget to $800K. Compared to 2008, year-to-date number of real estate transactions decreased 158 or 13.8% in 2009. Another contributing factor is the amount of major sales (sales greater than $1 M), which decreased $173.OM (equates to $851K in REET revenues) from year-to-date 2008. REAL ESTATE IXCISE TAX REVENUES Yea► to da te fhru August 2008 2009 Change from 2008 2009 Actual vs Budget Month Actual Budget Actual S Yar %Yar E Var Uar Jan 590,477 66,820 60,134 (530,343) -89.8°� (6,686) -10.0°� Feb 511,905 62,509 44,975 (466,930) -91.2°� (17,534) -28.1°� Mar 162,401 75,436 93,877 (68,524) -42.296 18,441 24.4% Apr 144,395 82,579 60,007 (84,388) -58.4% (22,572) -27.3% NFay 134,252 70,101 391,671 257,370 191.7% 321,521 458.7% Jun 130,736 81,014 105,997 (24,738) -18.996 24,983 30.8% Jul 223,161 64,762 132,852 (90,309) -40.5% 68,090 105.1% Aug 140,235 57,078 83,173 (57,063) -40.7% 26,095 45.7% Sep 112,732 78,434 Oct 287,107 54,049 Year-to-date major sales in 2008 consisted of the sales �v �2,�s3 st,zs� of: Retail store located on Pacific Highway ($3.2M), �c �oo,tas 45 Rlverstone Apartments ($30.2M), Ap3Ttrilent complex nDTotal ;2,037,562 S 560,299 S 972,636 (1,064,925) •523% 412,337 73. located on SW Campus Drive ($65.3M), Silver Shadow Annual Total f2,s�o S aoo,000 n�a n�a Na n�a Na Apartments ($13.4M), Commercial Building located on S 344'� St ($23.7M), Shopping Center located on ls Ave S($6.81�, Apartment complex located on 10�' Ave SW ($41.OM), Waterfront residential property ($2.11Vn, Chevron located on Enchanted Parkway ($3.4M), Quality Inn/Suites located on S. 348�' St. ($6.3M), Warehouse located on 9`�' Ave S. ($7.4M), Commerical property located on 21 Ave ($1.2M), Ha'vmasters ($1.7M), an office building on l Way ($2.1M), Residential property located on 6�' Ave SW ($2.SM), Eastwind Motel ($2.61vn, Days Inn ($4.OM), Evergreen Lodge ($8.2M), Crystal Pointe Apartments ($9.6M), residential property located on 297�' ST ($I.11Vn, residential land ($1.2M), and Azalea Gardens Condo ($2.3M). 2009's major sales include the controlling interest transfer of a property worth $63.OM, an office building located on S. 336�' St for $1.1M, and a retail store on Pacific Hwy S. for $2.9M. August 2009 activities include 155 real estate transactions, of which 71 were tax exempt. Sales Tax Compared to 2008, sales tax revenues are down $12M or 14.2%. August sales tax collection total $930K, which is $141K or 132% below 2008's August sales tax of $1.1 M. Compared to 2009 YT'D budget, sales tax revenues are down $152K or 2.1%. The original revised budget for 2009 was $12.6M. In June 2009, Council adopted a$1.6M reduction in Sales Tax projections bringing the revised budget to $11.OM. There is an overall decrease in all areas of Sales sale with the exception of Government which includes Washington State agencies such as DOL, Apple Commission, and Fish Wildlife. Sales Tax bv SIC Code Retail sales continue to remain the largest source of sales tax revenue, accounting for 56% of all sales taY collections which includes General Merchandise Stores, Motor Vehicle Parks Dealer, Building MateriaUGarden, and Miscellaneous Store Retailers. Year-to-date retail sales tat� collection is below by $474K or 10.7% below year-to-date 2008. T'he decrease is due to decreases in General Merchandise Stores ($145K), Motor Vehicle Parts Dealer ($129K), Misc. Store Retailers ($82K) and Building Materiai Garden ($75K). Services industry accounts for 22% of the total sales ta�c collections which includes Food Services/Drinking Places, ProfessionaUScientific/Tech, and Repair/Maintenance. On a year-to-date basis, services sales tax is down by $136K or 8.1% compared to 200& mainly due to a decrease in Food Services Drinking Places ($42K) and decrease in ProfessionaUScientific/Tech ($49K). Construction and contracting activity, which accounts for 8% of sales tax collections, is down $354K or 38.9% from 2008's year-to-date activity. Construction activities include Construction of buildings and Specialty trade contractors. Sales Tc�,r by SIC Code (continue) Wholesale trade accounts for 4% of the total sales tax collections. Year-to-date wholesaling activity is down by $136K or 32.2% below 2008 year-to-date. The decrease is mainly due to Durable goods ($131K). Information accounts for 5% of the total sales tax collections, which includes Telecommunications, Publishing and Motion Picture/Sound Record. Year-to-date information activity is down by $ISK or 4.3% compared to 2008. The decrease is due to a decrease in publishing ($7K) and telecommunications ($7K). Manufacturing activity accounts for 2% of the year-to-date sales tax collections is down by $3K or 1.7% when compare to 2008 year-to-date. Manufacturing activity includes Wood product manufacturing, printing/related support, and furniture/related products. The majority of the decrease is due to decrease in activity of wood product manufacturing ($9K) and Furniture/Related Projects ($lOK) offset by an audit performed by the Deparnnent of Revenue which resulted in an additional $16K received in 2008. Govemment activity shows an increase of $8K or 20.4% compazed to 2008's year-to-date activity mainly due decrease in liquor sales tax of $17K offset by an increase in economic programs administration by $29K. Sales Tax bv Area The City's largest retail center, South 348th, which generates 11 of the City's sales ta�c, is showing a decrease of $148K or 15.6% compared to the 2008 year-to-date. The decrease is due to decrease in Retail Building Materials ($77K) and Retail General Merchandise ($65K). The Commons year-to-date activity show a decrease of $lOSK or 14.2% compared to 2008. The decrease from 2008 consists of a decrease in General Retail Merchandise ($68K), Retail Apparel ($15K), and Retail Eating Drinking ($13K). Major Auto Sale's yeaz-to-date collection total $97K and is $117K or 54.6% below 2008 year-to-date. A major payor will be closing it's door on July 15�'. The City is monitoring this to determine impact to future auto sales tax revenues. S. 312th to S. 316th tax collections are down $16K or 2.7% compared 2008's year-to-date. T'he decrease from 2008 is mainly due to General Retail Merchandise decrease of l OK. Pavilion Center tax collections shows a decrease of $34K or 9.4% compared to the prior year. The decrease is mainly due to a decrease in Electronics Appliances of $24K. Hotel Motels tax collections shows a decrease of $32K or 263% from the prior year. Federal Way Crossings tax collection is down by $16K or 9.3% compared to the prior year. Hotel/Motel Lodging Taz HoteUMotel lodging t� collections through August total $96K. Compared to 2008 year-to-date, lodging tax is $27K or 21.9% below the same period. Compared to 2009 YTD Budget, lodging tax is $14K or 12.9% below budget. HOTEL/MOTEL LOUG/NG TAX REVENUES Yeai to-date th�u Au ust 2008 2009 2008 Change from 2008 2009 Actua/ vs Bu et Month Actua/ Budget Actua! Var Var Var Vai Jan 14,985 12,366 '11,565 (3,419) -22.8% (80�) -6.5% Feb 14,907 13,525 13,522 (1,085) -7.3% 294 2.2% Mar 'I'1,'17'I 1�,0'13 9,320 (1,851) -16.6% ('1,693) -15.4% Apr '14,266 10,570 '12,025 (2,241) -15.7% '1,455 13.8% May �7,107 17,425 14,597 (2,510) -�4.7% (2,827) -16.2°i6 Jun '13,684 �3,006 9,910 (3,774) -27.6°� (3,096) -23.8°r6 Jul '16,'160 '13,340 'I'1,394 (4,766) -29.5% ('1,946) -14.6% Aug 20,201 '18,66'I 13,054 (7,148) -35.4% (5,607) -30.0% Sep 29,47'1 17,755 Oct 'I 2,150 21,436 Nov 15,123 16,904 Dec 9,607 13,997 YTD Total 122,482 '109,908 95,688 (26,794) -21.8°r6 S 14,221 -12.9% nnua ota 188,833 180,000 n/a n/a n/a n/a n/a State Shared Revenue Year-to-date distribution of $3.3M is below 2008's activity by $268K or 7.6%. The unfavorable variance is due to a decrease in Fuel TaY and Local Criminal Justice Sales tax. STATE SHARED REVENUES Year to date thru August 2008 2009 Change from 2008 Revenue Actuaf Actua/ S L'quor H'ofi4s Tax 297,400 299,582 2,181 0.7% Lpuor 6ccise Tax 310,875 318,549 7,875 2.5% CrimJust-PbpulaGon 65,025 68,041 3,016 4.6% (�irtinal .A�st Figh Crime 145,837 151,460 5,623 3.9% LocalCr'unJustSalesTax 1,393,433 1,171,349 (222,084) -15.9% FuelTax' 1,300,231 1,236,102 (64,129) -4.9% DlA- Qtles 11,856 12,006 151 1.3% Annuat Total S 3,524,657 S 3,257,090 ;(267,567) -7.6X �'iQ/►iLllilg T[LC Gambling tax collection through August is $766K. In comparison to 2008 year-to-date collection, 2009's tax collecrion is $65K or 7.8% below the same period. The decrease compared to 2008's year-to-date to due to timing of receipts in the amount of $18K. When this is taken into consideration, the remaining variance of $47K, $32K is due to a decrease in gambling revenues from a major payor. The variance noted between the months of March and April is due to a major payor paying for both Mazch and April in April of 2009. Compared to 2009 YTD budget, gambling revenues are down $62K or 7.5%. The original revised budget for 2009 was $1.4M. In June 2009, Council adopted a$196K reduction in Gambling Tax projections bringing the adopted budget to $1.2M. Utility Tar (Total 7.75%) Utility ta�ces received through August total $9.6M (includes Proposition 1 utility tax revenues), and is above 2008 year-to-date collections by $156K or 1.7%. Of the $156K increase, $125K is due to an increase in overall revenues for a major gas vendor. Compared to year-to-date budget, utilities tax revenues are below 2009 budget by $32K or less than 1%. Compared to Budget, August's collection of $938K is $52K or 5% below budget. The original revised budget for 2009 was $14.8M. In June 2009, Council adopted a$1.OM reduction in Utility Tax projections bringing the revised budget to $13.7M. urwrrraxEs Year-tadate thru August 2008 2009 2009 Change from 2008 2009Actual vsBudget Month Actual Budget Actuai EVar �Yar EVar XVar Jan 1,205,190 1,729,274 1,238,871 33,681 2.8% 9,598 0.8°h Feb 1,2�i,500 1,288,749 1,328,488 64,988 5.1°� 39,739 3.1% Mar 1,472,457 1,501,881 1,494,570 T1,113 1.5% (7,312) -0.5% Apr 1,151,823 1,174,840 1,710,450 68,627 6.096 45,610 3.9% May 1,334,351 1,361,015 1,330,181 (4,170) -0.3% (30,835) -2.3% Jun 1,031,364 1,051,974 1,019,775 (11,589) -1.1% (32,199) -3.1% Jui 994,868 1,014,769 1,010,391 15,503 1.6% (4,378) -0.4% Aug 970,773 990,172 939,252 (31,521) -3.2°k (50,920) �b.1% Sep 905,271 923,361 Oct 1,011,662 1,031,878 Nov 1,015,331 1,035,621 Dec 1,112,530 1,134,762 YTDTotal 5 9,424,345 S 9,612,674 S 9,587,978 S 157,633 1.796 ;(30,696) -0.3 Annual Total ;13,469,137 13,738,296 nla n/a Na n/a Na Compared to year-to-date 2008 Electricity is up by $3K or less than 1%. Gas is up by $116K or 7.1% mainly due to increase in overall revenues for a major vendor compared to 2008 of $1.6 million, which equates to utility tax increase of $125K. Solid Waste is down by $25K or 4.9%. The decrease is mainly due to the downturn in the economy, which means reduced consumption. King County Transfer Stations have shown a reduction in garbage tonnages of nearly 10% compared to the prior years. Federal Way shows a decrease of 17% reduction in overall tonnage (gazbage, yard waste, and recyclables) hauled by Waste Management, when comparing to prior years. Cable is up $1K or less than 1%. Cellular phone is up $79K or 3.9%. Of the $79K, $70K is due to back taxes from a major payor for years 1998-2009. Phone is down $12K or 1.5%. unurvrar�s Yaar•tadate thru Augu� 1D08 2009 Change 6om 100B Aduat Adual S I�r %Yar Becbic a 3,352,543 S 3,355,513 2,979 0.1 1,635,299 1,750,876 115,511 7.1 SaWV�kste 516,965 491,882 ��i -4.9°6 919,318 920,692 1,314 Q1% Phaie 830,510 818,151 (12,469) -1.5% ar 2,033,332 2,112,440 79,108 3.9% Pager 7d9 1,356 1,117 46&0% SNM 145,498 144,516 (971) •0.7% f��te (9,528) �13,468) �9,940) 41396 AnnualTotai f 9,421,3�5 S����'18 151,q3 1. Update on Proposition 1 Year-to-date prop 1 expenditures total $2.1M or 63.7% of the $3.2M budget. An additional $300K was transferred from Prop 1 fund balance for Police Overtime support in 2009 and an additional $300K is eannarked for 2010 Police Overtime. The negative ending balance in the annual budget of $21K is for SafeCities carryforward monies from 2008, which will be supported with Prop 1 ending balance. Year-to-date Prop 1 Utility tax collections total $7.6M and expenditures total $6.6M resulting in ending fund balance of $970K. Permit Activity Year-to-date building permit activity is below 2008's year-to-date activity by $189K or 17.2%. Compared to 2009 year-to-date budget estimates, permit activity is up $23K or 2.6%. The original revised budget far 2009 was $1.6M. In June 2009, Council adopted a$349K reduction in Building Permits Fees projections bringing the revised budget to $13M. Community Development's positive expenditure variance of $243K is mainly due to underspending 1-time programs in 2009 compared to 2008's spending patterns. 1-time programs savings consists of underspending of unfit structure program, Shoreline Master Plan, Human Services professional services and permit system upgrade. However, all of these programs (if not spent by year end) will be requested as carry forward to 2010 thus savings for these are not expected at year-end. Once these 1-time items are considered carried forward, thus no savings, Community Development remains on target with their ongoing ytd budget compared to their ongoing ytd actuals. Right-of-way permits and development services permit fees are down by $86K or 25.5% when compared to 2008's year-to-date activity. Right-of-way permit activity and issuance is down; all other permits such as residential, commercial and plats are also down due to economic conditions in the market place. Staff continues to work on school District projects and we are starting to review the new Service Center. We are also reconciling old projects, which have generated some additional permit fees, and reviewing the new King County Surface Water Design Manual that will be adopted shortly. Owners are not proceeding with new plats since there is a surplus of new homes, new lots, and other fmancial issues. This is the same for the commercial market, there is an excess of existing office space and banks are more stringent on lending practices. Public Works Operations year-to-date expenditures total $2.8M and is $365K or 11.5% below estimates mainly due to savings due to vacancies, timing of payments for utilities and intergovernmental expenditures compared to 2008's spending patterns. Police Department Expenditures through August total $14.7M and is $136K or 2.6% below the year-to-date budget of $14.8M due vacancy savings. T'hrough August, City overtime is 32.2% or $207K below last year. There is a 533% increase in overtime for contracted services and traffic school. When the increase from the billable overtime is included, the total overtime decreased $175K or 25.0%. The Overtime budget consists of $686K for City overtime, $30K for billable overtime, $57K for Traffic Safety overtime, and the remaining $S1K is for grant overtime. The increase in billable time compared to year-to-date 2008 is due to the addition of the Registered Sex Offender Grant for 2009 which is reimburse to the City for overtime warked for related cases. The continued decrease in overall overtime YTD is primarily due to the management of personnel and operations in the field. Jail Services Jail Services through August is I.OM and is below the year-to-date budget estimate of $1.OM by $45K. Of the $45K favorable variance, $67K is due to 2008's medical reimbursement from Yakima County offset by increases in Fife, King County and Yakima County jail services. The City currently uses City of Fife, City of Enumclaw, King County, and Yakima County far Jail Services. Court Municipal Court year-to-date expenditures of $853K is $11K or 1.2% above estimates. T'he negative variance is due to increase in interpreter services when compared to 2008's spending patterns. Excluding probation through August revenue is up by $68K or 7.2% compared to year-to-date 2008. When probarion is included, the increase is adjusted to $48K or 4.8%. Total filings year-to-date in August 2008 was 12,356 and in 2009 was 13,510; an increase of 1,154 or 93%. CWRT RHIB�NIE Through August 2008 2009 2009 Changefrom 2008 1009ActualvsBudget Month Actual Budget Actual Var %1/ar Var %Var J8�lu2ry 116,641 10.5,364 101,503 (15,139) -13.0% (3,862) -3.7% Felxuary 120,754 t10,fi65 131,674 10,920 9.0% 21,010 19.0% Mazch 113,512 114,511 152,207 38,695 34.1% 37,697 32.9% Aprll 105,654 107,672 135,453 29,799 28.2% 27,831 25.9% M2y 144,650 120,433 171,982 (21,668) -15.0% 2,549 2.1% JUne 105,540 113,434 149,042 43,501 412% 35,608 31.4% July 121,874 113,810 113,664 (8,210) -6.7°k (146) -0.1% AUgUSt 119,814 116,495 110,311 (9,504) -7.9% (6,184) -5.3% Septerrber 120,299 110,258 October 112,056 125,983 Novert�r 92,227 114,980 Decertber 140,968 114,445 Subtotal S 948,440 E 902,333 57,016,836 5 68 1.2% S 114,502 12.7° Rob2fi011 Svcs 65,558 92,759 45,365 (20,193) -30.8% (47,394) -51.1% YTDTotal 51,014,000 S 995,092 51,062,201 S 48,201 4.8°� S 67,108 6.1° Annual Total 1,507,362 1,469,000 nla nla nla nla nla Traffic and non-parking fines total $731K and is $75K or 11.4% above year-to-date 2008. Parking infractions total $63K and is $11K or 21.2% above year-to-date 2008. DUI and other misdemeanors total $37K and is $5K or 12.6% below year-to-date 2008. Criminal costs total $59K and is $2K or 2.7% above year-to-date 2008. Criminal Conviction Fees total $13K and is below year-to- date 2008 by $3K. Traffic Safety/Red Light Photo Enforcement Traffic Safety fund accounts for Red Light Photo Enforcement, which started on August 15�' of 2008 for a 30-day warning period and actual citations started on September I S`�', 2008. In June, the Council increased Traffic Safety fund budget to $580K. Federal Way has received $608K in Red Light Photo net revenues (net of payment to ATS for January through July). Total ATS revenues received are for 8 months for 2009. Parks Rccreation Overall pazks operations expenditures, including administration, park planning, parks maintenance and general recrearion, through August total $2.4M and is $400K or 10.8% below the year-to-date budget of $2.8M. The expenditures savings is due to under- spending of other charges/services for repairs/maintenance which is offset by overage in temporary/seasonal help. Another contributing factor is the restricted $100K for Camp Kilworth which has not been spent. General Recreation and Cultural Services Direct program expenditures total $643K or 78.9% of the total annual budget of $814K not including indirect costs. Including indirect administration costs, recreation expenditures total $864K and are 73.4% of the total annual budget of $1.18M. Recrearion fees total $638K and are 107.6% of the total annual budget of $594K. Recreation fees have recovered 99.3% of direct program costs and is 26.4% above the annual budgeted recovery ratio of 72.9%. Considering indirect administration costs, the recovery ratio is reduced to 73.9% or 23.4% above the annual budgeted recovery ratio of 50.5%. General Recreation revenues of $647K is $170K above yeaz-to-date budget of $477K. Compazed to yeaz-to-date actual, general recreation is above 2008's year-to-date of $617K by $30K. Community Recreation has strong registrations in yoga and Preschool education programs. A new fifiess program for people with disabilities called FITness Fundamentals is filling quickly. Adult Athletics is doing well with 44 softball teams, 11 co-ed volleyball teams, 23 soccer teams, and 5 teams in the new Women's Basketball League. Arts and Special Events have the K-9 Carnival, Tricks N' Treats Funfest, and the Jingle Bell Brunch coming up soon; all aze strong revenue producers. Senior programming is an area of great accomplishment. YTD revenues have already surpassed last year's total revenue. Staff has networked very effectively to combine trips and programs with neighboring cities and senior centers to ensure success and lower cancelations. This was accomplished in part by adding a number of new drop-in programs and by continuing to market our existing programs in new and creative ways, including visits to retirement homes and direct mailing of monthly schedules to current participants. A strong fall program is expected to continue to produce good revenue numbers toward a very aggressive revenue expectation. Dumas Bav Centre Dumas Bay Centre operating revenue of $330K is below by $SOK or 13.1% compared to year-to-date budget of $380K. While the economic climate has resulted in a decrease in day use meetings, the facility has been able to secure a large amount of overnight retreats for the fall, with a number of weekends fully booked. Booked rentals at Dumas Bay Centre for 2009 currently total $470K. Operating expenditures through August total $385K, which is $16K ar 4.4% above the year-to-date budget of $369K. Expenditures are higher due to fixed operational costs. Dumas Bay Centre has recovered 85.8% of its operating expenses. Ending fund balance far DBC is a negative $223K, which includes negative fund balance from previous years. Staff continues to work with new rentals and increasing services with existing rental groups daily. Knutzen Familv Theatre Operating revenue of $SSK is below year-to-date budget of $88K by $34K or 38.0%. Operating expenditures through August total $160K, which is $14K or 9.2% above the year-to-date budget of $146K. Knutzen Theatre has recovered 342% of its operating expenses. KFT cumulative ending fund balance is a positive $69K. Federal Way Communi, Center The Federal Way Community Center Fund was established as a special revenue fund supported by user fees and designated utility tax transfer. The facility opened early March 2007. Federal Wav Communitv Center (continued� The operating revenue budget includes $1.7M in user fees/program revenues, $867K contribution from utility ta��, and $SOK from capital for marketing plan. Through August, operating revenues total $1.1M and is $136K or 11.1% below year-to- date projections. Year-to-date projections are based on 2008's year-to-date actual compared to annual actual. Compared to 2008 year-to-date actual, operating revenues have increased $93K or 9.4%. The following variances were found in revenues: Drop-in revenues were again strong in August ($40K), but still tracking 36% behind Original Business Plan Projections. New pass sales and Pass retention numbers remained strong in August, performing 2% above projected YTD. Sales have remained strong due to added sales and retention efforts. Pass sale units are currently at 1,799 (4,107 total members). City Staff Membership is below YTD budget by $48K, this is mainly because revenue expectations were increased $S 1K in 2009 for Police Guild members, and to date earnings are only at $3K. Youth Athletic Program revenues have already exceeded annual projections by $9K, and are due to increased enrollment and the addition of a new program called Kidz Love Soccer. Aquatics Lesson registrations were strong again in August, reducing the negative variance to 11%. YTD numbers for 2009 are $17K higher than 2008 numbers due to more class offerings. Fitness Classes/Fitness Training revenues have already exceeded annual projections by $39K due to the success of Biggest Loser and other Fitness Training based classes and services. Pool rentals are below budget by $8K. Demand, which usually comes from schools and public or private clubs, has decreased due to budget limitations. Space availability has also become limited due to the fact that more open swim times have been created to meet public demand. Strong summer rental numbers have improved the negative variance slightly, from 7% last mond� to 5% through the end of August. Community Center and Dumas Bay Centre staff will be attending a Wedding Show in Tacoma in September to promote their rental facilities. During marketing review and implementation, merchandise sales were reduced while new logo and tagline wear were in development. To make up for lost merchandise revenues, focus was shifted to concessions and vending sales which resulted in a positive variance of $6,500. Sales of new merchandise, including water bottles, with new logo and tagline will begin in September of 2009. T'hrough August, operating expenditures total $1.SM and is $99K or 73% above YTD budget estimates. Federal Way Community Center has recovered 74.5% of operating expenditures compared to the annual budgeted recovery ratio of 81.'7%. The following are variances found in expenditures: Additional adjustments to staff'mg levels during the month of August resulted in another savings of $2K, and reduced the negative variance from 4.2% to 3.4 The following is a list of factors that have led to an YTD negative variance, as stated in the July MFR. o Increased levels of service in the first quarter and second quarter of 2009 to meet building use demands, security, cleaning, and rental staffmg o The addition of new programs typically increases part-time staff'mg costs, but are off-set by Program revenues; examples, Youth Athletic classes, Adult Fitness classes, Youth and Teen Late Nights o Elimination of contracted custodial services in April resulted in contracted costs savings of $2,400 per month, but increased part-time custodial costs by $1,000 per month. o Part-time staff coverage also increased to cover vacancy of full-time positions due to budget cut and vacation requests. Year-end personnel cost savings are expected, with layoff reductions to the Office Tech staff, and other staffing level adjustments. Efforts to control supply costs will continue. Increases to inventory numbers in July and August have negatively affected YTD expenditures (-8.7%). However, changes to supply ordering schedules will reduce overall billings. Utility expenses for August were higher than usual due to increases in Air Conditioning use, as well as utility usage amibuted to increased pool participation. Service charges are higher than expected due mostly to increased personal training fees and professional service contracts. These expenses are offset by excellent Fimess revenue numbers, as mentioned above. Efforts to control and/or reduce other service contract costs include elimination of contracted custodians and savings in Landscaping service. Federal Wav Communitv Center (continued� City's contribution of $867K for the Community Center was scheduled to annually provide $SSSK for maintenance/operations and $312K for capital reserves. Through August 2009, $372K is needed to cover maintenance and operations and an additional $65K is needed to repay General Fund for an interfund loan at year-end in 2008. Total transfer needed is $437K, the total transfer from Utility tax is $419K, the difference of $17K is from contribution from CIP for the Community Center Marketing Plan. However, these monies are being used as one-time funding and will not support maintenance and operations. Through August, the Community Center is using 75.6% of their contribution for maintenance/operations for on-going operations. OtherDeparimental Variances City Council year-to-date expenditures total $321 K is $8K above estimates mainly due to over-expenditure in traveUtraining. City Manager year-to-date expenditures of $1.2M is over year-to-date budget by $101 K mainly due to overage in Public Defender ($33K), Executive Coaching Services ($17K), payment to Sales-tax Audit Fum ($17K) which will be offset by revenues, payment to Friends of Hylebos ($l OK) and Sponsorship Program ($20K) offset by savings in 1-time printing services compared to 2008's spending patterns. Both Friends of Hylebos and Sponorship Program will be reconciled within the general fund at year-end. Economic Development year-to-date expenditures of $179K is below year-to-date by $95K mainly due to under-spending of one-time temporary help compared to 2008's spending patterns. Humarr Resources year-to-date expenditures of $608K is below year-to-date budget by $36K mainly savings found in salaries/benefits due to vacancy savings offset by overage in temporary help compared to 2008's spending pattems. Finance year-to-date expenditures of $623K is below year-to-date budget by $45K mainly due to position vacancy savings. Law year-to-date expenditures total $1.OM and is $23K above estimates mainly due to increase in outside counsel compared to 2008's spending patterns. CASH INVESTMENTS Overall year-to-date mterest earnings for all funds through August 2008 compared to year-to-date through August 2009 decreased by $805K. The unfavorable variance is due to the decrease in interest rates for the overall market. The interest rates have decreased from August 2008 to August 2009 from 233% to 0.57%. Currently the only investment is in the State Investment Pool. The average portfolio yield is 0.57%, which is above the average 6-month US Treasury Bill (0.27%). The total invested balance at the end of August is $59.44M, which is invested in the state investment pool. The state pool is composed of Treasury Securities (22.67%), agency coupons (3.86%), interest bearing bank deposit (3.18%), agency floating rate notes (24.11%), agency variable rate notes (9.76%), discount notes (12.90%), certificates of deposit (2.66%), N.O.W accounts (21.49%), and Reverse Repo Agreements (-.64%). The City's total investment portfolio is made up of 100% State Pool. SIP Averege Invssted Balance by Type August 2009 A9e�Y Agency Bank Fbating Rate Variable f�te pep�� Notes Notes 3.14% 23.81% 9.64% Agi cou 3.E 2z.39% y I Discourrt i V{rl�ll �I��II�1 3t ,F 3 w;.. NOteB 12.74% Certificates of Reverse Repo Deposit Agreements Accounts 2.63% 0.63% Z����O interest Raties Comparison For the Month of August 2009 6.0% 5.0% 4.0% 3.0% 2.0% 1.0% 0.0% 6 Month T-Bill State Irnestrnent Pool p In-house Investrnent Portfolio A�erage 2004 2005 2006 2007 2008 2009 FUND ACTIVITY SUMMARY Fund/Fund Name Generatf5treet Fund: l?e6t Servic� Fund: pecial Revenue 102 Arteriai Street 103 Utility Tax 106 Solid Waste Recycling 107 Speciai Cor�tracts/Studies Fund 109 HoteUMotel Lodging Tax 110 2°� for the Arts 111 Federal Way Community CeMer 112 Traffic Safery Furxl 119 CDBG 120 Path Trails 301 Downtown Rec 302 Municipal Facil 303 Parks 304 Surface Water 306 Transportation Enterprise Funds 401 Surface Water M 402 Dumas Bay Subfata/ �nt�rprlse F Intemal Service Funds 501 Risk Managemer 502 Information Syste 503 Mail Duplicatioi 504 Fleet Equipmei 505 Buildinas Fumi Net Income Revenue Exnenditure in/(Out) 8131/2009 482,407 1,854,883 340,188 10,516,047 173,319 251,739 272,788 1,648 194,145 99,742 293 984 1,553,956 135,819 608,449 7,819 193.195 91.582 6,615,425 1,552,789 4,571,295 4,715,793 13,512,680 65,276 1,757,596 4,105,457 298,978 2,560 120,273 1,554,940 580,400 60,616 541,02d 71,583 48,600 47 3,305 659,416 1,069,649 480,718 920,671 269,815 6,718,736 989,57'`3 9,253,944 374,857 2,440,132 522,439 563,204 (20,531; 579,695 2,750,779 126,081 271,876 173,613 293 163,867 (52,797; 60.777 69,441 7,084,866 24,705) 1,128,084 10,233) 4,161,062 39,953) 4,275,841 51,080 16,063,760 1 5,354,870 557,639 529,039 28,600 5,383,470 2,970,248 1,404,167 7,233,455 170,713 3,140,961 260,797 141,767 85,015 56,752 317,549 3,291,809 1,448,067 661,010 787,057 4,078,866 1,170,286 268,626 288,923 (20,297) 1,149,989 �uoiorar mierrra� aervice runvs s,ww,v iv Total Atf Funds S 59,5Q5 "Utility Tax ending fund ba/ance of $2, 750, 779 includes $970, 078 reserv�ed Prop 1 for Police Overtime. "`CDBG Negative ending balance is due to Uming of grant reimbursements. COUNCIL MEETING DATE: October 6, 2009 CITY OF FEDERAL WAY ITEM S .C� CITY COUNCIL AGENDA BILL SusaECT: SCORE PROJECT STARTUP AND CAPITALIZE INTEREST COSTS POLICY QUESTION Should Council pay additional costs related to higher startup costs and capitalize interest not funded by the bonds from existing resources or finance these costs in the SCORE Project bonds COMMITTEE: FEDRAC CATEGORY: Consent City Councii Business Ordinance Resolution MEETING DATE: September 22, 2009 Public Hearing Other STAF'F REPORT BY: Bryant Enge, Financial Services Administratar DEp7': City Manager's Office ATTACHMENTS: N!A SUMMARYBACKGROUND: The City of Federal Way determined that a consolidated correctional facility would provide improved facilities at a lower total cost than currently available alternatives or than the city could individually provide. As a result, the City of Federal Way entered into an Interlocal agreement, along with six (6) other cities, to finance the acquisition, construction, and equipping the South Correctional Entity ("SCORE") facility. SCORE Project Financing has been narrowed to two options: Build America Bonds (BABs); and Tax Exempt Bonds. Build America Bonds has a lower overall financing cost. However, the purpose of these bonds are more limiting, including limitations on the amount of bonds proceeds that can be use to fund Startup Costs and Capitalize Interest. BABs currently have an economic advantage. Currenity BABs True Interest Cost (TIC) is currently 4.0% while Tax Exempt is 4.6%. For the City of Federal Way this difference represents additional financing cost in excess of $3 million over the life of the bonds. Issuing Tax Exempt bonds will allow the project to finance all of the Capitalized Interest and most of the Startup Cost. The advantage of issuing Tax Exempt bonds would eliminate a requirement that the city remit $807,000 to the Project from existing resources. Based on a forecast of the Project's current cash flow the City will need to fund the $807,000 in 2011. OPTIONS: 1. Approve staff recommendation to pay South Correctional Entity Facility "SCORE" additional startup cost and capitalize interest from existing resources. 2. Not approve staff recommendation and provide further guidance. STAFF RECOMMENDATION Pay South Correctional Entity Facility (SCORE) additional startup cost and capitalize interest from existing resources. CITY MANAGER APPROVAL: ,(t, l�/�(flyi DIRECTOR APPROVAL: Committee Counci] Committee Council CONIlVIITTEE RECOMMENDATION: `7 move to accept tion 1. ike a, ommittee Chair m� Duclos, Cominittee Member Eric Faison, Committee Member PROPOSED COUNCIL MOTION `7 move approval of the Committee recommendation Optionl to pay South Correctional Entity Fc�cility (SCORE) additional startup cost and capitalize interest from existing resources. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL DENIED I reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED 02/06/2006 RESOLUTION COUNCIL MEETING DATE: October 6, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TECT Emergency Equipment purc6ase Update ITEM �-rj e POLiCY QUESTION Should the City Council approve the purchase of additiona( emergency equipment to assist the City in providing services to our citizens and businesses during emergency conditions? COMMITTEE Land Use and Transportation Committee CATEGORY: Consent Ordinance City Council Business Resolution STAFF REPORT BY: Cary M. Roe, Director of Parks, Public Works and Emergency Management MEET[NG DATE: September 14, 2009 Public Hearing Other DEPT Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated September 14, 2009. Options Considered: I. Authorize staff to purchase the additional emergency equipment listed in the attached LUTC memorandum utilizing the emergency equipment purchase fund balance. 2. Authorize staff to purchase some subset of the emergency equipment listed in the attached LUTC memorandum utilizing the emergency equipment purchase fund balance. 3. Do not authorize staff to purchase the additional equipment. STAFF RECOMMENDATION Staff recommends Option 1 be forwarded to October 6 2009 City Council Consent Agenda for approval. n 1_, r�lo�l� CITY MANAGER APPROVAL: (.y� y DIRECTOR APPROVAL: Gl'� Committee Council Comroittee Council PROPOSED COUNCIL MOTION: "I mov� equipment listed in the attached L UTC balance. �pproval to authorize staff to purchase the additional emergency memorandum utilizing the emergency equipment purchase fund (BELOW TO BE COMPLETED BYCITYCLERKS OFFlCE) COUNCiL ACTION: APPROVED COUNC[L B[LL DElY1ED i reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READ[NG (ordinances onlyJ ORDINANCE RE V iSED 02/06/2006 RESOL UTION tt COMMTCTEE RECOMMENDATIOIV Forward staff recommendation to October 6, 2009 Council Consent Agenda for approvai. CITY OF FEDERAL WAY MEMORANDUM DATE: September 14, 2009 TO: Land Use and Traasportation Committee VIA: Brian Wilson, Interim City Manager FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management SUBJECT: Emer�enc_y Equipment Purchase Update BACKGROUND' As part of the 2007/08 mid biannuai budget adjustments the City Council appropriated $1,725,490 for the purchase of equipment that would assist staff in improving the City's response to winter storms and emergency situations. The List of equipment is arganized into the fot(owing four categories: Snow Ice Equipment Auxiiiary Power Equipment/E(ectricai Upgrades Emergency Communication Equipment Community Preparedness Grant Program All of the equipment purchased was authorized by the city council has been completed and operational. Project cost data is summarized below. Budgeted Amount Finai Cost (includin contin ency) Snow [ce Equipment $556,429 $545,662 Auxiiiary PowerEquipment/Electricai Upgrades $1,0i4,061 $941,359 Emergency Communication Equipment $55,000 $38,889 Community Preparedness Grant Program $100,000 $100,000 Subtotal $1,725,490 $1,625,910 Available Balance $99,580 Staff investigated the need for any additional emergency equipment to improve the cities response to future winter and ice storm storms and other emergency situations. The fotlowing list and estimated costs have been developed: Retrofit an existing 1.5 ton Park Department truck with sander and plow to handle City owned facilities (City Hall parking lot, Community Center $20,000 arkin lotetc.) Purchase and install three-sided cover for the salt and sand storage bins at $20,000 Steel Lake maintenance ard Purchase and install a total of six {6) portabie GPS units on the Snow and Ice $10,000 trucks. Portable trailer for tem or traffic control devices 5,000 Total Estimated Cost $55,000 Staff requests Council approval for the purchase of the addition emergency equipment as listed above utilizing the 2008 emergency equipment purchase fund balance. cc: Project File Day File COUNCIL MEET[NG DATE: October 6, 2009 CITY OF FEDERAL WAY CITY COUNCIL ITEM 5 AGENDA BILL SUBJECT Department of Ecology Stormwater Grant FY 2010 Grant Funding Offer POLICY QUESTIO1v: Should the Council authorize staff to pursue a State Department of Ecology Stormwater Grant for $SO,OOO to be used to assist the City in implementing the new Phase II NPDES permit? COMM[TTEE Land Use and Transportation Committee CATEGORY: MEETING DA�'E: September 14, 2009 Consent Ordinance Public Hearing City Council Business Resolution Other STAFF REPORT BY: William A leton, P_E. Surface Water Mana er EPT Pubtic Works IPP ,�j�D Attachments: 1. Memorandum to Land Use and Transportation Committee dated September 14, 2009 2. August 20th, 2007 email from Ecology offering a grant of $50,000 and requesting the City submit 3 signed copies of the attached grant agreement by October 30, 2009. 3. Copy of FY 2010-20 t l Phase II Stormwater Pass-Through Grant Agreement between Washington State Department of Ecotogy and the City OF Federal way. Options Considered: Ecology has funds to disperse to (ocal NPDES Phase II jurisdictions and will be doing so via a$50,000 grant to each jurisdiction with no match required. Each jurisdiction must submit three (3) signed originals of the attached grant agreement by October 30` 2009 or forfeit the grant monies. The grant can only be used to assist the City in implementing the new NPDES Phase II permit requirements. l. Authorize the Interim City Manager to execute and submit the required grant agreement in order to obtain grant assistance in the amount of $50,000. 2. Do not authorize staff to execute and submit the agreement and provide direction to staff. STAFF RECOMMEIYDATION Forward Option 1 to the October 6, 2009 City Council Consent Agenda for approvai- �,U�) ...In 1��1 CITY MANAGER APPROVAL: .(��WI Committee Council COMMITTEE RECOMMENDAT[OH Forward Agenda for approva(. t �,L� ��I c�.�, Linda Kochmar_ Chair Fer�Il: Member to the October 6, 2009 City Council Consent Dini Duclos. Member '�ROPOSED COUNCIL MOTIOtV "I move�authorize the Interim City Manager to prepare and execute the grant agreement required to apply for grant assistance in the amount of �50, 000. (BELOW TO BE COMPLETED BY CITYCLERKS OFF/CE) COUNCIL ACTION: APP(20VED DENIED TABLED/DEFERRED/.YO ACTION MOVED TO SECOND READINC (ordinances only) REVISED 02/O6/2006 DIRECTOR APPROVAL: Cii�� Committee Council COUNCIC BILL I reading Enactment reading ORDINANCE RESOLUTION CITY OF FEDEI�AL WAY MEMORANDUM DATE: September 14, 2009 TO: Land Use and Transportation Committee VIA: Brian Wilson, Interim City Manager FROM: William Appleton, P.E., Surface Water Manager SUBJECT: Phase II Stormwater Pass-through Grant BACKGROUND• tn August of 2009, the Department of Ecology announced the availability of Grant funding in an amount up to $50,000.00 for each Phase II jurisdiction. Grant funding is to be used to carry out the requirements of the NPDES permit through training, equipment purchases, education and outreach, inspection/monitoring and program development. There are no matching requirements for this grant. The grant apptication is due by October 3 l, 2009 and all funds awarded must be expended by June 30` 2011. Staff is requesting authorization to proceed with applying for the subject grant. cc: Project File Day File 0 William Appleton From: Sent: To: Cc: Subject: Attachments: McCrea, Rachel (ECI� [rmcc461@ECY.WA.GOV] Friday, August 21, 2009 10:13 AM CAnderso@co.whatcom.wa.us; breilly@cob.org; BobCecile@cityofferndale.org; michaels@co.skagit.wa_us; don@cityofanacortes.org; mattr@cityofanaco�tes.org; briand@ci.burlington.wa.us; blaineccLDci.mount-vernon.wa_us; mstockton@ci_sedro- woolley.wa.us; steve.bebee@oakharbor.org; Allen Quynn; Andrews, Maiya; Apfelbeck, Cami; Archer, Andrea; Bennett, Jay; Benson, Boyd; Bertrand, Vince; boettche�, seth; Bond, Jared; Brian Landau; Carlaw, Tim; Cecil, Rika; Chennault, Kari; Chew, Marci; Clark, Arnie; Clarke, Ken; Cunningham, John; David Casey; Don Robinett; Dorsey, Ma�k; Edward Mulhern; Famurewa, Ruth; Funk, Anya; Gaus, Jenny; Geer, Janet; Gilbertson, Shavvn; Gonzales, Jed; Greg Viilanueva; Halverson, Aaron Hansen, Tom; Hill, Melva; Johnson, Mike; Jones, Scott; Kelly, James; Kibbey, Heathe�; Kiiic, Brent; Kristin Terpstra; LaFrance, Eric; Landry, Peter; Larson, Ryan; Latimer, Karen; Lee, Steve; Lim, Heungkook; Loch, Andy; Loewen, Ron; Maag, Rich; Matel, Larry; Mecham, Michael; Moles, Tod; Niggemyer, Jim; Olson, Craig; Ostergaard, Dave; Parrish, Ben; Pistoll, Diana; Rheaume, Andy; Ritland, Kerry; Robinson, Eric; roetemeyer, jerallyn; Romack, Lyle; sansbury, bill; Shaw, Mike; Shuster, Jerry; Srilofung, Ken; Stewart, Clayton; Straka, Ronald; Thorn, Chris; Thurlow, Tfieresa; Tucker, David; Varner, Phyllis; Vaughan, Kent; Wassennan, Mitch; Waters, Larry; William Appleton; Williams, Jessica; Willis, Joe; Wolanek, Mike; Zenk, Frank;� Zimmerman, Jane Dettelbach, Anne (ECI�; Hood, Steve (ECI� FW: Ecology Phase Il Stormwa#er Pass-through Grants Picture (Device Independent Bitmap).bmp Pl��s� �xc�se ar��� rlup�iLa�3c��. A��n� �r�d E�a�ar3t tU rr�ak� aUCE.-' ���IS �^Y71+3iI �?��U'tt1 ��?Oi.3� i�"tE3 ���`iK �1'�i"9�S f�it��tGi� e��� t?'F t�'f3lF t33'E f3�,EC C'E`�iGfl�� {�3S'�i'l�lt3$t�Rl �15� C}f �5£'E"f'Elif'�P.�..' CC3CIY.�C�� 1-iay� gre�t ��u��k�nd. �'f�a�k ���s�a, �ac�u�E l��Cr�� �c��e�€�rai S���e�v►+a��r �pe�ialis� �e; �a���ent +_:f Eco�c�.�y �*,1�`di?C� ���-"�3�-: 22? ����ck E�al����'s �rr�b��ges for r�g�Iar(y ;�pc����� r��o�rces �a-�� �r�que���� as� c'�i'� �i.3'-t,9S�iOf1S assa�:i�ted v�fi�h th� ��iEY33C9�ii�� ��t34"��'31�k`ci�:�.'E' Pf.'i`E'i"EttS: ht� :��v�,rvkv.�c �.v�ra. ran�s�t,�� s�or��tivaYer/rn�nici al ��scsur��s trai�i� ctid�nc�.��n�� From: Winz, Jocelyn (ECY) Sent: Thursday, August 20, 2009 12:11 PM To: Winz, �ocelyn (ECY) Cc: Beale, Harriet (ECY); Dettelbach, Anne (ECY); McCrea, Rachei (ECY); Duncan, David ]oseph {ECY); Witfineier, Terry (ECY); Frerrront, Kurt (ECY); Winters, Gregory (ECY); Hood, Steve (ECY) Subject: Ecology Phase II Stormwater Pass-through Grants To: City and county government Phase II permit coordinators: The Washington Department of Ecology (Ecology) announces a funding program #or cities, towns, and counties covered by the Western Washington Phase II Municipa) Stormwater Permit and the Eastern Washington Phase l� Municipal Stormwater Permit. Each city, town, and county covered by a Phase II permit is eligible for $50,000 to support implementation of permit requirements, with no match required. Today we mailed 3 documents in hard copy to the authorized representative for your jurisdiction (generally the mayor or public works director), including: An offer letter with instructions Guidelines for #he grant program A grant funding agreement Please follow up within your jurisdiction to fil! out the scope o# work in the grant agreement consistent with the guidelines. Please return 3 signed copies of the grant agreement by October 30, 2009. Copies of these materials to download are available on our ���n�ei�al �t�rr�7v�rat�r��u��fir��v�t���e. If you have questions about the scope of work or grant procedures that #he guidelines do not answer, you may contact your Ee�.ti�o� ����nal ��r�r��i� specialist. For your information: Overview of Ecology stormwater funding opportunities ln order to prevent confusion about the various Ecology stormwater funding programs, we provide the list below of the funding programs related to stormwater that Ecology is offering in the next #ew months: 1. Phase II Municipal Stormwater Pass-through Grants, FY 2010-2011 A funding program only for Phase II loca! government permittees, as announced in the above message. 2. Municipal5tormwater Grants of Regiona) and Statewide Significance, FY 2010-2011 A funding program only for Phase I and Phase I1 municipal stormwater local government permittees. We are issuing a Request for Grant Proposals to permittees in a separate message on August 25, 2009. 3. Ecology's FY2011 Water Quality Combined Fund Assistance Funding Cycle at _I��.��a:f,�G�f�a±!�tif_ery,w�,�as�>.�ro�ra�s�;'���r�J�u�tdin�[f�nr�in�,�t�ri includes the following funding programs that solicit proposafs that also address stormwater: Centennial Clean Water Grant Program Clean Water Act Section 319 Grant Program Revolving Fund Loan Program Stormwater Retrofit and Low Impact Development projects Approximately $4 million has been appropriated for this program. This program wi11 use the current Combined Financial Assistance Funding Cycle application and run concurrently with that process, with applications being accepted starting September 1, 2009 and accepted no later than December 1, 2009. Thank you. .�4����,'F'� �is�3'�� ��tr��ac�� �z ���cG����� ����i''L3':'3P,ri� c"��' v }:�.��j ��+�1.�3�. D£Fr.RT"�S=FJY QF iJ �i.f �.d s��:�• o: n: ;i,;:::•:�:: FY 2010-2011 PHASE II STORMWATER PASS-THROUGH GRANTS PROGRAM GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND the City Of Federal Way THIS is a binding agreement entered into, by, and between the state of Washington Department of Ecology (DEPARTMENT), and the Citv Of Federal Way (RECIPIENT). The purpose of this agreernent is to provide funds to the RECIPIENT to carry out the requirements described herein. PART I. GENERAL INFORMATION Project Title: Grant Number: RECIPIENT Name and Address: RECIPIENT Contact: Telephone Number: Fax Number: E-Mail Address: RECIPIENT Billing Contact: Telephone Number: Fax Number: E-Mail Address: RECIPiENT Federal ID Number: DEPARTMENT Project/Financial Manager: Mailing Address: Telephone Number: Fax Number: E-Mail Address: DESIGNATED LOCAL GOVERNMENT PARTNERS Phase II Stormwater Pass-through Grant Program C-� c c� c���-� City Of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 William Appleton, P.E. 253.835.2750 253.835.2709 william. appleton@cityo ffederalway. com William Appleton, P.E. 253.835.2750 253.835.2709 williatn_ appleton@cityoffederalway. com 91-6001025 Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia, WA 98504-760U 360- 407-6502 360- 407-7151 ECY 070-357 Phase II Stormwater Pass-through Grant Grant No. (if applicable) For partnerships, the lead government and partners must submit a copy of the signed agreement in Appendix B with each copy of the grant agreement. DEPARTMENT Funding Source: 2010-2011 Biennial Operating Budget/Local Toxics Control Account Total Cost (up to $50,000 each recipient): Total Eligibie Cost (up to $50,000 each Recipient): DEPARTMENT Share ($50,000 each Recipient)_ 50,000 50,000 50,000 DEPARTMENT Ma�cimum Percentage: 100%0 f %Z-t`C�� The effective date of this grant agreement is Any work performed prior to the effective da.te of this agreement will i�e at the sole expense and risk of the RECIPIENT. This agreement e�ires on June 30, 2011. PART II. PERFORMANCE MEASURES A. B. C. Water ualit,�. Improved stormwater management and water quality protection associated with development and implementation of a stormwater management program. Proiect Outcomes. Local Government Stormwater Grants for local governments to receive grants for municipal stormwater programs, including but not limited to implementation of Phase II municipal stormwater National Pollutant Discharge Elimination System (NPDES) permits. Post Project Assessment. The RECIPIENT agrees to submit a brief survey three yeaxs after project completion regarding the key project outcomes and the status of environmental results or goals from the project. The DEPARTMENT's Performance Measures Lead will e-mail the RECIPIENT the Post Project Assessment Survey. The DEPARTMENT may conduct on-site interviews and inspections, and may otherwise evaluate the Project. The DEPARTMENT will enter the information provided into its performance measures database to be provided to the Washington State Legislature, United States Environmental Protection Agency, and other natural resource agencies. Approximate Post Project Assessment Date: June 30, 20i2 Page 2 of 17 Phase II Stormwater Pass-through Grant Grant No. PART III. PROJECT DESCRIPTION The RECIPIENT's stormwater project will address implementation or management of municipal stormwater programs. PART IV. PROJECT BUDGET Phase LI Stormwater Pass-through Grant Program TOTAL ELIGIBLE ELEMENTS COST (TEC)* Task 1— Project Administration/Management (Iimited to 10% of total) 5,000 Task 2— Implementation and management of Stormwater Program 45,000 Total (limited to $50,000 per Recipient partner) 50,000 *The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost. MATCHING REQUIREMENTS (There are no matching requirements) DEPARTMENT Share FY 2010-11 (100% of TEC) 50,000 Payment Request Submittals. Payment requests will not be submitted more often than monthly, unless allowed by the DEPARTMENT's Project/Financial Manager. The DEPARTMENT's Project/Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. Pavment Schedule. Payments will be made on a cost-reimbursable basis. PART V. SCOPE OF WORK The RECIPIENT shall ensure that this project is completed according to the details of this agreement. The RECIPIENT may eiect to use its own forces or it may contract for professional services necessary to perform and complete project related work The RECIPIENT certifies by signing this agreement that ali applicable requirements have been satisfied in the procurement of any professional services_ Eligible and ineligible project costs are sepaxate and identifiable for billing purposes. If professional services are contracted, the RECIPIENT shall submit a copy of the final contract to the DEPARTMENT's Project/Financial Manager. Task 1 Proiect Administration/Management A. The RECIPIENT shall administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal Page 3 of 17 Phase II Stormwater Pass-through Grant Grant No. agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. B. The RECIPIENT shall manage the project. Efforts will include: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to ma.intain effective communication with the RECIPIENT's designees; the DEPARTMENT; all affected iocal, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement_ C. The RECIPIENT shall submit all invoice voucher submittals and supportive documentation, to the DEPARTMENT's ProjectlFinancial Manager. Copies of all applicable forms shall be included with an original A 19-1 A, and shall be submitted to the DEPARTMENT. Blank forms are found in Administrative Requirements for Recipients of Ecology Grants and Loans at ht€�_;tv_r����_c;�;�.��,�a.��z�;�ibli�si'�I lS.htg�t Required Forms: Form A 19 A(original signature) Farm B2 (ECY 060-7) Form C2 {ECY 060-9) Form D (ECY 060-11) Where Eli�ible Costs Have Incurred: Form E (ECY 060-12) Form F (ECY 060-13) Form G (ECY 060-14) Form H (F-21) Form I (ECY 060-15) D. If work conducted results in a report, the RECIPIENT shall submit the following to the DEPARTMENT's Project/Financial Manager and in the quantities identified: Draft project completion reports one electronic copy Final project completion reports five copies Electronic copy of final project completion report The RECIPIENT shall submit two copies of any document(s) which requires DEPARTMENT approval. Once approval is given, one copy will be returned to the RECIPIENT. If the RECIPIENT needs more than one approved copy, the number of submittals should be adjusted accordingly. Task 2— Imulementation of Stormwater Planning and Mana�ement Needs A. The RECIPIENT shall address stormwater management needs that protect or restore water quality. The RECIPIENT may conduct work related to implementation of activities required by the municipal stormwater National Pollutant Dischaxge Elimination System (NPDES) permits. Page 4 of 17 Phase II Stormwater Pass-through Grant Crrant No. B. Check the boxes that represent the activities funded under this grant: Public education and outreach activities Public involvement and participation activities Illicit discharge detection and elimination (IDDE) program activities, including: Mapping or geographic information systems of municipal separate storm sewer systems (MS4s); Staff training Activities to identify and remove illicit stormwater discharges; Dry weather outfall screening procedures and field activities; Complaint hotiine database or tracking system improvements. Activities to support programs to control runoff from new development, redeveiopment, and construction sites, including: Development of an ordinance and associated technical manual Inspections before, during, and upon completion of construction, or for post- constructio� long-term maintenance. Training for plan review and/or inspection staff Pollution prevention, good housekeeping, and operation and maintenance program activities, such as: Inspecting and/or ma.intaining the MS4 infrastructure Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or facilities. Annual reporting activities, including developing a summary of identified bareiers to the use of low impact development. Establishing and refining stormwater utilities, including stable rate structures. Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring funded by this program requires submittal of a Quality Assurance Project Plan that Ecology approves prior to awarding funding for monitoring. Developing a report to plan for monitoring the next permit cycle_ Equipment purchases that result directly in improved compliance with permit requirements. Allowed costs for equipment purchases must be specific to implementing a permit requirement (such as a vactor truck) rather than general use (such as a general us pick-up truck). Qualified equipment purchases include but are not limited to: Illicit discharge testing equipment and materials Vactor truck or sweeper truck for MS4 maintenance activities Electronic devices dedicated to mapping of MS4 facilities and attributes Software dedicated to tracking permit implementation activities Other activities consistent with the funding purposes of this program that support stormwater management programs or permit compliance, which can be completed by the June 30, 2009, deadline. Provide brief description in the space below: Page 5 of 17 Phase II Stormwater Pass-through Grant Grant No. PART VI. SPECIAL TERMS AND CONDITIONS A. Commencement of Work In the event that the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. B. DEPARTMENT Fundin� Reco ign'tion. The RECIPIENT shall acknowledge and inform the public about DEPARTMENT funding participation in this project as appropriate_ Exampies include project signs and/or acknowledgement in published ma.terials and reports, the news m�dia, or other public announcements. Projects addressing site-specific locations must utilize appropriateiy sized and weather-resistant signs. C. Equipment Purchase. The purchase of equipment may be eligible under this project. If the RECIPIENT determines that equipment is needed to achieve the project outcomes, a request must be made to the DEPARTMENT. All equipment purchases must have prior approval by the DEPARTMENT. Allowable equipment purchases include equipment needed to implement permit requirements (such as a vactor truck) rather than for general use {such as general use pick-up truck). D_ Indirect Rat�_ To acknowledge overhead costs, the RECIPIENT may charge an indirect rate up to 25 percent based on RECIPIENT employee's direct salary and benefit costs incurred while conducting project reiated work, provided that prior to signature of this agreement, the DEPARTMENT's ProjectlFinancial Manager may require a list of items included in the indirect rate during negotiations or thereafter. Items that are generally included in an indirect rate are identified in Administrative Rec�uirements for Recipients of Ecologv Grants and Loans. E. Meetings/Light Refreshments. The RECIPIENT may spend up to $50 per meeting for light refreshments associated with this project. The total amount spent for light refreshments under this agreement cannot exceed $300. F. Minoritv and Women's Business Partic�ation. The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: l. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. Page 6 of 17 Phase II Stoi Pass-through Grant Grant No. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises ofthe U.S. Department of Commerce, as appropriate. The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. Please include the following information: 1. Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub-and/or sub-subcontractors. 2. The total dollar amount paid to qualified firms under this invoice. G. Pror�ress Reports. The RECIPIENT shall submit quarterly Progress Reports to the DEPARTMENT's Project/Financial Manager. Payment requests will not be processed without a Progress Report. Reporting Periods. January 1 through March 31 April 1 through June 30 July 1 through September 30 October 1 through December 31 Reporting Due Date. Quarterly Progress Reports are due i 5 days following the end of the quarter. Renort Content. At a minimum, all Progress Reports must contain a comparison of actual accomplishments to the objectives established for the period, the reasons for delay if established objectives were not met, analysis a.nd explanation of any cost overruns, and any additional pertinent information specified in this agreement. H. Water Quality Monitoring. Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP) that follows Ecology's Guidelines and Spec�cations fop Preparing Quality Assurance Project Plans for Environmental Studies, February 2001 (Ecology Publication No. 01-03-003j. The RECIPIENT must submit the QAPP to the DEPARTMENT for review, comment, and must be approved before starting the environmental monitoring activities. The RECIPIENT must use an environmental laboratory accredited by Ecology to analyze water samples for ail parameters to be analyzed that require bench testing. The RECIPIENT should manage ali monitoring data coliected or acquired under this agreement in order to be available to secondary users and meet Lhe "ten-year rule_" Page 7 of 17 Phase II Stormwater Pass-through Grant Grant No. Monitoring Data Submittal I Environmental Information Management System. Funding recipients that collect water quality monitoring data must submit all appropriate data to Ecology through the Environmental Information Management System (EIM). PART VII. ALL WRITINGS CONTAINED HEREIN This agreement, the appended GENERAL TERMS AND CONDITIONS, the DEPARTMENT's current edition of Administrative Requirements for Recipients of Ecology Grants and Loans ("Yellow Book"), and the Local Government Stor�nwater Grants Program FY 2008 contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth or incorporated by reference, herein. No subsequent modi�cation(s) or amendment(s) of this agreerrtent shall be of any force or effect unless signed by authorized representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the grant budget. The DEPARTMENT or RECIPIENT may change their respective staff contacts without the concurrence of either party. IN WITNESS WHEREOF, the parties hereby execute this Crrant: STATE OF WASHINGTON CITY OF FEDERAL WAY DEPARTMENT OF ECOLOGY JURISDICTION KELLY SUSEWIND, P.E., P.G. DATE NAME: BRIAN WILSON DATE WATER QUALITY PROGRAM MANAGER TITLE: INTERIM CITY MANAGER APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL �R4��i�.°E� Page 8 of 17 Phase II Stormwater Pass-through Grant Grant No. Appendix A GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that ail subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICE5 (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by 5tate law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all appiicable Federal, State and local laws, orders, regulations and pertnits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and pernuts have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum ea�tent possible. If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety_ Page 9 of 17 Phase II Stormwater Pass-through Grant Grant No_ 4. Industrial Insurance. The RECIPIENT certifies full compliance with ail applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTNIENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object_ All grant/loan records shall be kept in a manner which provides an audit traii for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from ail sources. The RECII'IENT must forward a copy of the audit along with the �ECIPIENT'S response and the final corrective action pian to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Page 10 of 17 Phase II Stormwater Pass-through Grant Grant No. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION l. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT aiong with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part N, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement arid performed after the effective da.te and prior to the expiration date of this agreement, unless those da.tes are specifically modified in writing as provided herein. 3. Final Request(s) for Payment_ The RECIPIENT should submit final requests for compensation within forty-five(45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Perfortnance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein. 5. Unauthorized E�enditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6_ Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under sta.te law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work liereunder. Page 11 of 17 Phase II Stormwater Pass-through Grant Grant No. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of ternunation. A written notice of termination shall be given at least five working days prior to the effective da.te of termination_ In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state altotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to ternunate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and wili not be construed as a modi�cation of the tern�s of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, Page 12 of 17 Phase II Stormwater Pass-through Grant Grant No. publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of ali real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy{s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or faciiities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shallprovide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include titie insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval ma.y be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices inciude use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more informa.tion, see www.ecy.wa.gov/sustainability.. O. RECOVERY OF PAYMENTS TO RECIPIENT Page 13 of 17 Phase II Stolm«ater Pass-through Grant Grant No. The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination_ Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of ail work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project O�cer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the 5horeline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall helshe have any personal or pecuniary interest, direct or indirect, in this agreement or the proceedsthereof. Page 14 of 17 Phase II Stormwater Pass-through Grant Grant No. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant`s fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any iiability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out, of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement ar any provision of any document incorporated by reference V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and reguiations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Crrants and Loans"; and (e) the General Terms and Conditions. SS-010 Rev. 04/04 Page 15 of 17 Phase II Stormwater Pass-through Grant Grant No. Auuendix B PARTNERSHIP AGREEMENT FOR ECOLOGY GRANTS FY2010-2011 PHASE II 5TORMWATER PASS-THROUGH GRANTS The cities, towns, and counties listed below agree to partner under one grant agreement for the FY2010 -2011 Phase II Stormwater Pass-through Grants. The grant shall be administered on behalf of th� partners by the Lead Phase II Loca1 Government. Each partner local government is a city, town, or county permittee under the Phase II Western Washington Municipal Stormwater General Permit or the Phase II Eastern Washington Municipal Stormwater General Permit. Lead Phase II Local Government: Phase II permit coverage number: Signature of authorized representative: Partner Local Government #1: Phase II permit coverage number: Signature of authorized representative: Partner L.ocal Government #2: Phase II permit coverage number: Title Date Title Date Signature of authorized representative: Title Date Page 16 of 17 Phase II Stotm�vater Pass-through Grant Grant No. Partner Local Government #3: Phase II permit coverage number: Signature of authorized representative: Partner Local Government #4: Phase II permit coverage number: Signature of authorized representative: Title Date Title Date ff you require special accommodations or need this document in a_ f'ormat for the visually impaired, call [program nameJ at [section secretary phone numberJ. Persons with hearing loss can call 711 for Washington Relay Service_ Persons with a speech disability can ca11877-833- 6341. Page 17 of 17 COUNCIL MEETING DATE: October 6, 2009 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT Purchase of a Multi-Gas Detector for SWM Utility POLICY QUESTION Shou(d the City Council approve the purchase of a new multi-gas detector using rep(acement reserve funds? COMMITTEE Land Use and Transportation Committee CATEGORY: Consent City Councit Business Ordinance Resolution STAFF REPORT BY: Wtlliam A P_E. Surface Water Mana Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated September 14, 2009. Options Considered: 1. Authorize staff to purchase a new multi-gas detector using reptacement reserve funds. 2. Do not authorize staff to purchase the additional equipment. STAFF RECOMMENDATION Staff recommends Option 1 be forwarded to the October 6, 2009 City Councii Consent Agenda for approvat. n W �����i� C[TY MANAGER APPROVAL: Committee Council DIRECTOR APPROVAL: Committee C� COMM[TTEE RECOMMENDATION: Forward Opti on 1 to the October 6 2009 Council Consent Agenda for approval. Linda Kochinar, Chair r im Fe�fell. Member Dini Duclos, Member PROPOSED COUIYCiL MOTION "I move�roval to authorize staff to purchase a new multi-gas detector using replacement reserve funds. (BELOW TO BE COMPLETED BY CITY CLERKS OFFlCE) COUNC[L ACT[ON: APPROVED COUNCIL B[LL k DENIED l reading TABLED/DEFERRED/NO ACTION Enactment readiog MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED 02/O6/2006 RESOLUTION MEETING DATE: September 14, 2009 Public Hearing Other CITY OF FEDERAL WAY MEMORANDUM DATE: September 14, 2009 TO: Land Use and Transportation Committee VIA: Brian Wilson, Interim City Manager FROM: William Appieton, P.E., Surface Water Manager SUBJECT: MuIN-Gas Detector Purchase BACKGROUND• In 2002, the SWM division purchased a multi-gas detector for use in confined spaces. The detector requires calibration on a monthly basis at a cost of approximately $30.00 per calibration. Techno(ogical advances in the gas detection field have lead to new monitors that are much smaller (about the size of a pager), and require les frequent catibrations which can be performed by staff at no additional cost. The new monitors (ast for a period of two years and then need to be replaced at a total cost of approximately $600.00; however, since there is no cost associated with ealibration, the annual cost of the newer technology, despite having to reptace it on a bi-annual basis, is lower than the cost associated with our current system. In summary, staff requests that a new detector be purchased for the following reasons: New detectors are smaller/(ighter, ailowing staff more flexibility with respect to working within confined spaces Annuai equipment costs will be reduced from $3601year to $300/year. Time spent on calibrations will be reduced Easier to use New detector has a vibrate feature for high noise environments which adds to staff safety. The amount of replacement reserves set aside for the future purchase of a gas detector is $2,728.00. Staff requests that these funds be made available for the purchase of a new multi-gas detector at a cost of approximately $600.00. cc: Project File Day Fi1e COUNCIL MEETING DATE: October 6, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM 5 h SUBJECT 2009 2011 Commute Trip Reduction (CTR) Agreement with WSDOT POLICY QUESTION Should the Council enter into an agreement with the Washington State Department of Transportation (WSDOTj atiowing the State to reimburse the City its proportionate share of the technical assistar►ce funding for implementing the State Commute Trip Reduction (CTR) law? COMMITTEE Land Use and Transportation Committee CATEGORY: Consent City Council Business Ordinance Resotution MEETING DATE Sept. 14 2009 Pubtic Hearing Other STAFF REPORT BY: Sarady Long Sr_ Transportation Planning En�ineer Public Works Attachmeats: Memorandum to the Land Use and Transportation Committee dated September 14, 2009. Options Considered: 1. Authorize the City Manager to enter into an agreement with WSDOT to accept the state CTR technical fund in amount of $42,691 for the 2009 2011 biennium. 2. Do not enter into an agreement with WSDOT and Imptement CTR as required by staie law and local CTR ordinance without the State CTR technical fund. The City would need to allocate budget in the amount of $40,166 for the 2009 2011 biennium. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the October 6, 2009 City Council Consent Agenda for approval. (ti C[TY MANAGER APPROVAL: �.�.I�I�nn Committee DIRECTOR APPROVAL: i!�_ Committee Council COMMITTEE RECOMMENDAT[ON Forward staff recommendation to the October 6 2009 City Council Consent Agenda for approvai. �1 inda Kochmar, b--�. :hair Dini Duclos, Member Jim F�i Member PROPOSED COUNC[L MOTION: I authorize the City Manager to enter into an agreemenl with WSDOT to accept the State CTR technical fund in the amount of $42, 691 for the 2009-2011 biennium. (BELOW TO BE COMPLETED BY CITY CLERKS OFF/CE) COUNCIL ACTION: APPROVED COUNC[L 8[LL DENIED lsr reading TABLED/DEFERRED/NO ACCION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REV[SED 02/06l2006 RESOLUT[ON CITY OF FEDERAL WAY MEMORANDUM DATE: September 14, 2009 TO: Land Use and Transportation Comrr►ittee (LUTC) VIA: Brian Wilson, Interim City Manager FROM: Sarady Long, Senior Transportation Planning Engineer LQr� SUBJECT: 2009 2011 Commute Trip Reduction (CTR) Agreement with WSDOT (GCA6241) BACKGROUND: The Washington State Department of Transportation (WSDOT) provides technical assistance funding to the City for developing and implementing the Commute Trip Reduction (CTR) plans and programs as required by State law. The CTR program requires a two-year agreement with WSDOT from Juty 1, 2009 to June 30, 2011. The purpose of the agreement is to ailow the State to reimburse the City its proportionate share of the technical assistance funding_ The work performed under this agreement is as described in the attached Exhibit I, Project Scope of Work Commute Trip Reduction (CTR). The City's cunent CTR agreement with WSDOT has expired and a new agreement is required. Based on 13 affected worksites, the agreement capped funding a(location to the City at $42,691.00 for the Ju(y l, 2009 through June 30, 2011 biennium. As in the past, due to workioad and expertise the City will continue to use technical funds from WSDOT to contract with King County for the CTR support services. Staff will present this contract to the LUTC and Council committee as a separate agenda item: tt �..(.;.'..t. �{}()L� r�(,�s�''t)i 1{ t�;'i 7`:;17t L� 4�'�t���} .�E'ii t. 1�^=S; EXH[BIT i Project Scope ot Work Commute Trip Reduction (CTR) 1. Scope of Work A. Work Ptan The CONTRACTOR agrees to submit to WSDOT a detailed administrative work p(an no later than ninety {90) days after the affected date of this AGREEMENT_ T'he work pian shail identify deliverables, schedule and the budget specific to tasks associated with this AGREEMENT and to include, at a minimum, the fol(ow required activities: L Notification of Requirements for Newly Affected Worksites 2. Review of Employer Program Reports 3. Administration of Surveys, 4. Review of Pro�ram Exemption Requests. The work plan shall also include other tasks as detined in approved and (ocaily adopted CTR or GTEC plans for the imptementation of the (ocal CTR program. These may include, but are not (imiced to, empioyer training, incentives, promotion and marketing, and emergency ride home. [n addition, the work pian shali identify specific or overall performance measures for each task and de(iverabie. This work plan must be approved in writing by the WSDOT Project Manager and signed by the CONTRACTOR, and shail be incorporated as a written amendment to the AGREEMENT. The work p(an may be amended based on mutual tivritten agreement between the WSDOT Project Manager and the CONTRACT'OR. B. Work to be Performecl The county or city, whichever appiies, has enacted a Commute T'rip Reduction (CTR) ordinance in comp(iance with RCW 70.94.�21-.�5�. The CONTRACTOR agrees to imp(ement a CTR program based on the adopted administrative work p(an and the local(y adopted CTR plan and to comply with ali provisions of the applicable county or city ordinance. C. Progress Reports and [nvoices The CONTRACTOR agrees to submit to WSDOT quarteriy progress reports, as specified by WSDOT in Section 7— Progress Reports of the AGREEMENT, in Exhibit II, "Project Progress Report", and as integrated with the deliverables indentified in the administrative work plan, along with all invoices in accordance with Section 5— Reimbursement and Payment of the AGREEMENT. The CONTRACTOR shall accurately and complete(y report locai investments in its CTR/GTEC pians and programs, as part of its progress reports. All invoices shall be complete and accurately reflect actual expenditures. Page 8 of i 1 GCA52� 1 D. Funding Distribution and Reporting The COt�tTRAC�rOR may distribute funcis to (ocal jurisdictions to include counties, cities, transit agencies. Transportatioii Management Associations, and Metropo(itan P(anning Organizations authorized to enter into agreements for the purposes of implementing CTR/GTEC plans and ordinances as authorized by RCW" 7{).9�F.�?7{�) and RCW 70.94.�44 T'he CONTEZACTOR sha(( submit to WSDOT within 30 clavs of the execution of any agreement bettiveen the CONTRACTOK and the CONTRACTQR's eligible contracting partner(s) as listed above: (a) a iist of doliar amounts to be disbursed by the CONTRACTOR to its eligible contracting partner(s), or (b) a fund dispersion methodology. E. [mptementation Ptans The CONTRACTOR shall incorporate appropriate sections of the Project Scope of Work, as weil as the approved Work Plan, in all agceements with e(igibie c�ntracting partner(s), as necessary, to coordinate the devetopment, imp(ementation, and administration of the CTR/GTEC plans, and compliance with applicab(e ordinances. F. Appeais and Modifications The CONTRACTOR shall maintain an appeals process consistent with this AGREEMENT and applicable ordinances, and procedures contained in the Commute Trip Reduction Guidelines which may be obtained from WSDOT� or found at http://www�. wsdot.wa.gov/tdm/. G. Coordination with Regionai Transportation Planning Organizations (RTPO) The CONTRACTOR shall coordinate the development and impiementation �f its CTR/GTEC ptan and programs �vith the applicabie regional transportation plannin;� organization (RT'PO). T'he CONTRACTOR agrees to notify the RTPO of any substantiai changes to its plans and programs that cou(d impact the success of the regionat CTR p(an. The CONTRACTOR agrees to provide information about the progress of its CTR/GTEC plan and programs to the RTPO upon request. H. Survey Coordination The CONT'RACTOR agrees to coordinate with WSDO'C and its contracting partners for baseline and subsequent program assessment surveys_ I. Ptanning Data The CONTRACTOR agrees to provide WSDOT with the program goals established for newly affected worksites when they are established by the local jurisdiction. The CONTRACTOR agrees to provide WSDOT with updated program goals for affected worksites and jurisdictions as requested. T'hese updates shall be submitted electronically in a format specified by WSDOT. J. Database Updates The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's contracting partners with updated lists of affected or participating worksites, employee transportation coordinators, and jurisdiction contacts, as requested_ These Y updates will be submitted in a format specified by WSDOT. Page 9 of 11 GCA6241 COUNC[L MEETING DATE: October 6, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM 1 SUBJECT 2009 Commute Trip Reduction (CTR) Program Agreement with King County POL[CY QUESTION Should the Council enter into an agreement to de(egate implementation of the CTR Act as required by state law and loca( CTR ordinance to King County? COMMITTEE Land Use and Transportation Committee CATEGORY: Consent Ordinance City Council Business Resotution MEETING DATE Sept. 14 2009 Public Hearing Other STAFE REPORT BY: Sarady Long Sr. Transportation Plannm� En�inee l'�_DEPT Public Works Attachments: Memorandum to the Land Use and Transportation Committee (LUTC) dated September 14, 2009. Options Considered: l. Authorize the City Manager to execute Professional Services Contract with King County Metro in the amount of $40,166 for CTR implementation and forward to the October 6 Council meeting for approval. 2. Do not sign an agreement with King County and hire part-time (0.60 FTE) CTR Coordinator. The City will need to identify and supplement additional budget on a yearly basis to cover employee cost and program start up_ STAFF RECOMMENDATION Staff recommends Option t be forwarded to the October 6 2009 City Council Consent Agenda for approval. ���I� CITY MANAGER APPROVAL: �,t",J �1�t1'�f��� DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION Forward staff recommendation to October 6, 2009 City Council Consent Agenda for approvaL e-t�i�_.. Linda Ko mar, Chair Dini Ducios. Member tm Member PROPOSED COUNCIL MOTION "I authorize the City Manager to execute I '6/ eement with King County in the amount of $40,166. (BELOW TO BE COMPLETED BY ClTY CLERXS OFFICE) COUNCIL ACTION: APPROVED DENIED TABLEDJDEFERRED/NO ACTION MOVED TO SECOND READING (ordinances only/ RE V [SED 02/06/2006 COUNC[L B[GL �sr reading Enactment readi� ORDINANCE RESOLUTIOIY CITY OF FEDERAL WAY MEMORANDUM DATE: September t4, 2009 TO: Land Use and Transportation Committee (LUTC) VIA: Brian Wilson, Interim City Manager FROM: Sarady Long, Senior Transportation Planning Engineer SUBJECT: 2009-2011 Commute Trip Reduction (CTR) Program Agreement with King County BACKGROUND• The Washington State's Commute Trip Reduction (CTRj Law requires ail major employers, both public and private, who employ one hundred (100) or more full-time employees who are scheduled to arrive at a single worksite between 6:00 am to 9:00 am to develop plans and programs to reduce Single Occupant Vehicle (SOV) and Vehicle Miles Traveled (VMT) commuting trips. In order to comply with the state CTR Law and to ensure consistency and fairness in its administration, the City proposes to enter into a Professional Services Agreement with King County. The purpose of the agreement is to delegate impiementation of the CTR Act as required by state law and (ocal CTR Ordinances to King County. The work to be performed under this agreement is described in the attached Exhtbit A, Commute Trip Reduction Services Contract Scope of Work Period July 1, 2009 through June 30, 2011. The two-year agreement period would match with the State CTR Technical funding biennium period. Over the last ten (10) years the City has been contracting with King County for the CTR support services to implement the program. Staff be(ieves this is a cost-effective relationship, as most cities have a full- time CTR coordinator. The 2009-2011 Professionai Service Agreement will be fWly funded by the state CTR grant. Based on 13 affected worksites, the City of Federal Way will receive approximately $42,691.00 for the 2009 to 2011 biennium. The State CTR grant would be sufficient to fund the 2009-20 i 1 Agreement with King County Metro, which is estimated at $40,166.00. Please see attached Exhibit B for assumptions of state grant and expenditures. K:\LUTC12009\9-14-09 2009-20t KC CTR Contract LUTC memo.doc City of Federal Way Exhibit A Commute Trip Reduction Se�•ices Contract Scope of Work Period: July 1, 2009, through June 30, 2011 King County wi(( implement ail elements of the City of Federal Way CTR workpian through the fotlow activities I. ReAuired Activities A) l�totification of new worksites and consultation with new ETCs: 1) Notify new sites a. Identi�fy coatact for potential �sites b. Send notification inquiry letter c_ Fotlow up with site d. Confirm status and send second letter e. Secure state code f. C;reate timeiine and legal file 2) Meet/consult �vith ETC at new sites a) Discuss CTEZ timeiine and requirements of the law b) Assist with base(ine survey c) Assist with program deve(opment and submittal of initial program report 3) Meet/consult w•ith new ETCs at existing sites a) Discuss the requirements of the law, provide copy and discuss survey results and current approved program report, assist with updating CTR program summary, describe training and networking opportunities b) Assist with program element implementation (when necessary) B) Administration of CTR Surve_ys: l. Prepare and send survey notifications and an enhanced survey response form (SRF) to each site 2. Schedute and hold survey briefings 3. Follow up with phone calls and emails for sites with tate SRFs 4. 5. 6. 7_ 8. 9. 10 Review and grant exiensions Set up and assist sites in the oniine survey system Mai! surveys to, and assist sites with paper surveys T'cack survey compietion and processing Generate and send next steps letter and survey results report to site Analyze survey results and make recommendations for program improvements for sites not making progress; recommendations based on review of survey data, site characteristics, worksite policies and zip code data Meet with ETCs and PM or management to diseuss program recommendations, exp(ain product and incentive opportunities and program promotion C) Employer Keport: 1. Send report reminder letters 2. Monitor program report receipt 3. Follow up with sites with late program reports via phone or emai( 4. Review and grant extensions Provide ongoing assistance to ETCs with the online report system 6. Review all program reports for compteteness and potential for trip reduction Incentives/Subsidies or Pre-Tax benefit Parking Management Guaranteed Ride Home CTR Program Summary and program promotion plan 7. Assist with development or updating of CTR Program Summary 8_ Provide jurisdiction with sucnmary of programs and recommended actions 9. Generate approvai letter for City signature l0. Complete report entry and approve in the online sysiem D) Review of Exemptions: l. [nform ETCs about process and criteria 2_ Receive requests and copy to city 3. Review and ana(yze request and provide comments to City 4_ Contact employer as needed, generate and send response per city E) Recocd Maintenance: 1. Maintain database on all affected sites Maintain database on all ETCs 3. Maintain master file records on all affected sites 4_ On a quarterly basis, provide WSDOT with hard copy of each employer program report approved within the quarter Provide WSDOT with an electronic copy of the CTR database of the City's CTR- affected emp(oyers, quarterly or as required by WSDOT 6. Provide quarter(y report information for jurisdiction to compiete state funds biiling F) Enforcement: l. 1�1on-compliance issues with approval by Jurisdiction a. Review lega( guidelines (ardinance, municipal code and RCW) b. Document infractions (emai(s sent, tegal fiies, phone calls) and assemble information for review c. Determine next steps with jurisdiction d_ Provide legal files for jurisdiction to review e. Consult with jurisdiction f. Prepare and send correspondence to site g_ Follow up with site and negotiate steps for compliance Y II. Employer Service Activities A) Emptoyer Training: 1. Schedule, promote, register and conduct ETC Training: a. Part i of Basic Training (Orientation to the CTR Law) b. Part 2 of Basic Training (Program Irnplementation and Promotion) c. Survey briefings d. Pre-Tax Commuter Benefit Quicic Course 2. Track training attendance and notify ETCs of training requirement 3. Provide other training (as applicable) B) Incentives: Purchase incentives for worksites as directed by the City C) Promotion, Marketing and Empioyer Outreach: l. Respond to ETCs questions and requests regarding CTR requirements, surveying, reporting, transit service, commute options, commute products 2. Utilize too(s and resources available on the internet provided by CTR 3. Conduct employer commute and relocation events a. Conduct origin and destination analysis and provide solution/recommendations b. Conduct route planning and/or van and carpool formations 4. Schedule, promote, engage speakers and faciiitate Employer Network group meetings 5. Update and maintain CTR website and printed with current information about transporta.tion infrastructure, commute products and commute related tax information. 6. Send transportation related news/announcements via email to all ETCs 7. Coordinate, promote and mail Wheel OptionsBike to Work Day packets to sites K:\TRAFFIC\ctr�2009-201 l�Federal Way Scope of Work 2009-2011 #2.doc �j CITY OF FEDERAL WAY Commute Trip Reduction Services Period: Juiy 1, 2009 through June 30, 2011 FUNDING State CTR Funds TOTAL FUNDS AVAILABLE NUMBER OF SITES Exhibit B 42,691.00 13 CTR SERVICES CONTRACT Required Activities A. Notification of new worksites 524 B. Administration of CTR Surveys 6,760 C. Employer Report 4,394 D. Review of Exemptions 624 E. Records Maintenance 13,250 F. Enforcement with approval by Jurisdiction 624 Total Re uired Activities 26,276 Emplover Service A. Employer Training 1,600 B. Incentives C. Promotions, Marketing and Employer Outreach 12,290 Total Employer Service 13,890 CONTRACT TOTAL 40,166 COUNCIL MEETING DATE: October 6, 2009 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT Sherwood Forest NTS 27`�' Ave S W(S W 344�' St to SW 351 S St) POLICY QUESTIOIY Should the Council approve the instatlation of five speed humps and c-curbing along 27`� Ave S W? COMMITTEE: Land Use and Transportation Committee �ATEGORY: Consent Ordinance City Council Business Resolution MEETING DATE: September 14, 2009 Public Hearing Other J+-i� DEPT Public Works STAFF REPORT BY: Jesse Hannahs, P.E. Senior Traffic Engineer__ Attachments: Land Use and Transportation Committee memorandum dated September i4, 2009. Options Considered: 1. Authorize the installation of five speed humps and c-curbing along 27` Ave SW between SW 344�' St and SW 351 St. 2. Do not authorize the installation of the proposed traffic ca(ming devices and provide direction to staff. STAFF RECOMMENDATION Staff recom►nends forwarding Option 1 to the October 6 2009 City Counci( Consent Agenda for approvai_ I_ �I�n _�r. f �p/un CITY MANAGER APPROVAL: L�J°l�, DIRECTOR APPROVAL: Committee Council Committee Co� COMMITTEE RECOMMENDATION Committee recommends forwarding O tion 1 to the October 6, 2009 City Councit Consent Agenda for approvaL �i�5 GC1���'%�-i�E�l; �G' Ct-CSG' ��C���t-h.�, S'��r'� -��'j� �J�� Linda Kocl�mar, Chair o rrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION "I mov� t authorize the installation o, f five speed humps and c-curbing along 27`" Ave SW between SW 344` St and S 351 St_ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL B[LL DENIED 1S reading TABLED/DEFERRED/NO ACT[ON Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED-02/06/2006 RESOLUT[ON CITY OF FEDERAL WAY MEMORANDUM DATE: September 14, 2009 TO: Land Use and Transportation Committee VIA: Brian Wilson, Interim City Manager FROM• Rick Perez, P.E., City Traffic Engineer Jesse Hannahs, P. E., Senior Traffic Engmeer SUBJECT: Sherwood Forest NTS 27 Avenue SW (SW 344` ST to SW 351 S7� BACKGROUND: Residents in the vicinity of 27` Ave SW between SW 344` Street and SW 351�` Street submitted a petition requesting the instaliation of traffic calming devices to control vehicle speeds and minimize cut-through traffic in their neighborhood. A traffic study was conducted and the results are as follows: Average Daily Tra�c (ADT) 836 8�`" percentile speed 30 mph 5-Year Collision History 2 Collisions with 1 injury Based on the current adopted NTS installation criteria (p(ease Table 1 below), the neighborhood scored 3.0 totai severity points. This reaches the minimum 3.0 severity point to qualify for the installation of traffic calming devices. Table l Point 85th Percentile Average Daity Location 5-Year Collision Histo Scale S eed Traffic ADT) SchooUPark Total In'u Fatal 0.0 0- 25 0- 1,000 No 1 0.5 26 27 1,001 1,800 Yes 2 1.0 28 29 1,801 2,600 3 I 1.5 30 31 2,601 3,400 4 2.0 32 33 3,401 4,200 5 2 1 2.5 34 35 4,201 5,000 6 3.0 36+ 5,001+ 7+ 3+ 2+ A neighborhood traffic safety meeting was held on June 24, 2009 at City Hall to discuss potentiai traffic calming devices that could be implemented a(ong 27` Ave SW. At the meeting, residents also raised safety concerns regarding drivers accessing 27 Ave SW from westbound SW 344`� St and safety/aesthetics concerns with the traffic circle at the intersection of 27`� Ave SW and SW 349`� St. To be effective in reducing speeds along 27`�' Ave SW and to improve vehicu(ar and pedestrian safety, the group consensus was to have the City canstruct the following improvements: t) Install five speed humps on 27�' Ave SW between S 344`�' St and SW 351 St near the following addresses: Wildwood NTS January l4, 2008 Page 2 a. 34430 27` Ave S W b. 34525 27`�' Ave SW c. 2702 S W 347` St d. 34803 27` Ave SW e. 35011 27` Ave SW 2) Instail a stop (ine at the northbound approach on 27` Ave SW to SW 344 St and install c-curbing down the centerline from approximately 75 feet south to the intersection of 27` Ave SW and SW 344 St. Staffconcurs with the proposed improvements. In accordance with established NTS policies, staff sent baltots to property owners and occupants within 600 feet of the proposed traffic ca(ming deviee locations and also to those with the proposai located along their sote access route_ The following tabie summarizes the ballot results: One of the installation criteria requires a 5 I% majority approval of the returned ballots. Based on the battot resutts represented in the above table, bal(oting criteria received a 75% approval rating. The estimated cost of this project is approximately $15,000, which falis just within the $15,000 per neighborhood per year budget (imitation poiicy. Adequate budget current(y exists within the NTS program to fund this proposal. cc: Project File Day File K_1LUTC12009\9-14-09 Sherwood Porest NTS, 27avsw (sw344st to sw351st).doc COUNCIL MEETING DATE: October 6, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM 5 .�L Sus.rECT: Lake Grove NTS S W 304` Street (8 Ave S W to 1 S Ave S) POLICY QUESTIOIY Should the Council approve the instal(ation of four speed humps along SW 304�' St? COMMITTEE Land Use and Transportation Committee MEETIKG DATE: September 14, 2009 CATEGORY: Consent Ordinance Public Hearing City Council Business Resolution Other STAFF REPORT BY. Jesse Hannahs P E Sen�or Traffic Engineer DEPT Public Works Attachments: Land Use and Transportation Committee memorandum dated September l4, 2009. Options Considered: I. Authorize the installation of four speed humps atong SW 304` St between 6` Ave SW and l�` Ave S. 2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff: STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the October 6, 2009 City Council Consent Agenda for approval_ CITY MANAGER APPROVAL: l�W��`� tiJll �j D[RECTOR APPROVAL: _C� r�_ Committee Council Committee Councl PROPOSED COUNC[L MOT[OIY: "I between 6` Ave SW and 1 Ave S. authorize the installation of four speed humps along SW 304`�' St (BELOfY TO BE COMPLETED BY ClTY CLERKS OFF/CE) COUNCIL AC"('ION: APPROVED COUNCIL BILL DENIED l reading TABLED/DEFERRED/NO ACCION Enactment reading MOVED TO SECOIYD READING (ordinances only) ORDINANCE REV[SED 02/062006 RESOLUTION t1 COMMITTEE RECOMMENDATION: Committee recommends forwarding Option 1 to October 6, 2009 City Council Consent Agenda for approval. CITY OF FEDERAL WAY MEMORANDUM DATE: September 14, 2009 TO: Land Use and Transportation Committee VIA: Brian Wilson, Interim City Manager FROM• Rick Perez, P.E., City Traffic Engineer Jesse Hannahs, P_ E,, Senior Traffic Engmeer SUBJECT: Lake Grove NTS SW 304`" Street (8`� Ave SW to I Ave S��� BACKGROUND: Residents in the vicinity of SW 304` Street between 8` Avenue SW and 1 Avenue S submitted a petition requesting the installation of traffic calming devices to control vehicle speeds and mi�imize cut-through traffic in their neighborhood. A traffic study was conducted and the resutts are as follows: Average Daily Tra�c (ADT) 393 85`�' percentile speed 31 mph �-Year Collision History 2 Collisions with 1 injury Based on the current adopted NTS installation criteria (please Table 1 below), the neighborhood scored 3.0 total severity points. This reaches the minirr►um 3.0 severity point to qualify for the installation of traffic calming devices. Table Point 85 Percentile Average Daily Location 5-Year Collision Histo Scale S eed Traffic (ADT) SchooVPark Total In'u Fatat OA 0- 25 0- 1,000 No 1 0.5 26 27 1,001 1,800 Yes 2 1.0 28 29 1,801 2,600 3 1 1.5 30 31 2,601 3,400 4 2.0 32 33 3,401 4,200 5 2 1 2.5 34 35 4,201 5,000 6 3.0 36+ 5,001+ 7+ 3+ 2+ A neighborhood traffic safety meeting was held on Ju(y 13, 2009 at City Hall to discuss potential traffic calming devices that could be implemented along SW 304` Street. To be effective in reducing speeds along SW 304`�' Street and to improve vehicular and pedestrian safety, the group consensus was to have the City insta(1 four speed humps on SW 304�' ST between 6`� AV SW and 1 AV S near the fo(lowing addresses: a. i41 SW 304` ST b. 215 SW 304`'' ST c. 411 SW 304 ST d. 561 SW 304``' ST Staff concucs with the proposed improvements. Wildwood NTS January 14, 2008 Page 2 In accordance with established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the proposed traffic calming device locations and also to those with the proposal located along their sole access route. The following table summarizes the ballot results: One of the instatlation criteria requires a 51% majority approval of the returned ballots. Based on the ballot results represented in the above table, baltoting criteria received a 79% approval rating. The estimated cost of this project is approximately $12,000, which falis within the $15,000 per neighborhood per ye�r budget limitation policy. Adequate budget currently exists within the NTS program to fund this proposal. cc: Project File Day Fiie K:\LUTC�20�9\9-14-09 Lake Grove NTS, sw304st (8avsw to lavs).doc COUNCiL MF,ETING DATE: October 6, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Ordinance SUBJECT Resolution establishing an advisory committee for the North Lake Management District Number Two. POLICY QUEST[0(Y Should the City Councii adopt a resolution establishing an advisory committee for ihe North Lake Management District Number Two? COMMITTEE Land Use and Transportation Committee CATEGORY: Consent City Council Business Resolution ITEM 5 .1 MEETING DATE: September 21, 2009 Public Hearing Other STAFF REPORT BY: William App(eton, P.E. Surface Water Manager DEPT Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated September 2l, 2009_ Options Considered: 1. Adoption of a E�esolution estabtishing an advisory cocnmittee for the North Lake Management District Number Two. 2. Do not adopt the resolution and provide direction to staff. STAFF RECOMMEIYDATION: Staff recommends Option 1 be forwarded to the October 6 2009 City Council Consent Agenda for approvaL w���„✓1 ������G� CITY MANAGER APPROVAL: �/l�l DIRECTOR APPROVAL: C� cin�� Comm�ttee Council Committee Council COMMITTEE RECOMMENDAT[ON: Eorward Option 1 to the October 6 2009 City Council Consent Agenda for approval. �i�� Linda Kochmar, Chair Member Dini D ucto s Member PROPOSED COUNCIL MOT[ON: 1 mo�ifo adopt the Resolution establishing an advisory committee for the North Lake Management District Number Two. (BELOW TO BECOMPLETED BYClTYCLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL DEN[ED. l reading TABLED/DEFERRED/NO ACT[ON Enactment readi� MOVED TO SECOND READ[NG (ordinances only) ORDINANCE RE V [SED 02/O6/2006 RESOLUT[ON CITY OF FEDERAL WAY MEMORANDUM DATE; September 21, 2009 TO: Land Use and Transportation Committee VIA: Brian Wilson, Interim City Manager FROM• W�Iliam Appleton, P.E., Surface Water Manager Daniel Smith, Water Quality Program Coordinator SUBJECT: Resolution Geating an Advisory Committee for North Lake LMD Number 2 BACKGROUND: On September 1, 2009, City Council adopted Ordinance No. 09-622 creating a lake management district known as North Lake Management District �LMD) Number 2. Pursuant to RCW 36.61.120 and RCW 36.61.140, ali notice and hearing requirements for establishing the roll of rates and charges for the LMD have been satisfied. The next step is to establish a North Lake LMD Advisory Committee (NLAC), which will represent the property owners of the district. The Resoiution creating an Advisory Committee for North Lake LMD Number 2, will be established to: i) discuss with the City each spring the proposed annual work program consistent with Ordinance Nurr►ber 09-622 and the North Lake Integrated Aquatic Yegetation Management Plan (or its successors); (2) provide input and suggestions to the City regarding the implementation of the district's annual work program; (3) work with the City in the preparation of any educational materials related to North Lake and the LMD; (4) provide input to the City each winter on the preparation of an annual report to the City of Federal Way City Council regarding progress on the LMD work program and the health of the lake; and (5) support an annual public meeting to brief LMD members on the contents of the annual report and related LMD activities. Attachment: Resotution creating an Advisory Committee for North Lake LMD Number 2 _u.. r 1;=�� RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CREATING A LAKE MANAGEMENT DISTRICT NUMBER 2 ADVISORY COMMITTEE FOR NORTH LAKE AND ESTABLISHING THE DUTIES THEREOF. WHEREAS, Lake Management District Number 2 for North Lake was created for the purpose of generating revenue to provide ongoing aquatic vegetation management, community education, and other related projects; and WHEREAS, Resolution Number 09-544 states that, attendant to the creation of the Lake Management District is the creation of an Advisory Committee; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RESOLVES AS FOLLOWS: Section 1. Creation and Purpose. There is created the North Lake Management District Advisory Committee to represent the property owners of the North Lake Management District (LNID) Number 2 and advise the City Council. The purpose of the Advisory Committee is to represent the property owners of the LMD to the City Council and (1) each spring, discuss with the City the proposed annual work program consistent with Ordinance Number 09-622 and the North Lake Integrated Aquatic Vegetation Management Plan (or its successors); (2) provide input and suggestions to the City regarding the implementation of the district's annual work program; (3) work with the City in the preparation of any educational materials related to North Lake and the LMD; (4) each winter, review and provide input to the City on the preparation of an annual report to the City of Federal Way City Council regarding progress on the LMD work program and the health of the lake; Resolution No. 09- Page 1 of 5 and (5) support an annual public meeting to brief LMD members on the contents of the annual report and related LMD activities. Section 2 Membership A. Qualifications. Members of the Advisory Committee shall be selected from individuals who own property or represent government bodies that own property within the LMD. Intent of the selection process shall be to proportionally represent the various property types identified in the district assessment role. No single family and vacant property owners shall serve longer than two consecutive terms. B. Number of Members and Terms. l. Members. The Advisory Committee will be made up of seven members: four representing single family and vacant properties; one representing the Washington Deparhnent of Fish and Wildlife; and one representing the Weyerhaeuser Corporation. 2. Term. Each private property owner shall be appointed for a term of two (2) years. C. Appointment. Members of the Advisory Committee shall be appointed by the City of Federal Way City Council following an open recruitment process approved by the City Council. Appointments shall be confirmed by a majority vote of the City Council. Committee members shall be selected without respect to political affiliations and shall serve without compensation. Resolution No:09- Page 2 of S D. Removal. Members of the Committee may be removed by the City Manager, with the concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absences for more than three (3) consecutive regular meetings. The decision of the City Council regarding membership on the Committee shall be final and there shall be no appeal. Members finding they are unable to attend regular meetings are expected to tender their resignation. E. Vacancies. Vacancies occurring other than through the expiration of terms shall be filled for the un-expired term in the same manner as for appointments as provided in this ordinance. F. Conflicts of Interest. Members of the Committee shall fully comply with RCW 42.23, Code of Ethics for Municipal Officers; RCW 42.36, Appearance of Fairness; Federal Way Code of Ethics; and such rules and regulations as may be adopted by the City Council regulating the conduct of any person holding appointive office within the City Section 3. Meeting Rules. A. Officers and Quorum. The Committee shall organize and elect from its members a Chair, �who shall preside at all meetings of the Committee, and a Vice-Chair. A majority of the Committee members shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. Resolution No.09- Page 3 of S B. Meeting Schedule. The Committee shall determine a regular meeting schedule (time, place and frequency), as necessary, but no less frequent than once every three (3) months. All meetings shall be open to the public. C. Procedures. The Committee shall adopt such rules and procedures as are necessary for the conduct of its business and shall keep summary notes of its proceedings. The written notes shall be a public record. Section 4. Staff Support. Administrative staff support to the Advisory Committee shall be provided by the City of Federal Way Public Works Director or his/her designee. Section 5. Sunset. The Advisory Committee shall terminate at the same time as the Lake Management District authorization expires. Section 6. Severabilitv. If any section, sentence, c�ause 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 7. 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 8. 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 4 of S Section 9. 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 COLTNCIL: RESOLUTION NO.: Resolution No.09- Page S of S COUNCIL MEETING DATE: October 6, 2009 CITY COUNCIL AGENDA BILL ITEM SUBJECT Resolution confirming and approving the assessment rol( for the North Lake Management District Number Two. POLICY QUESTION Shou(d the City Council adopt a resolution confirming and approving the assessment roll for the North Lake Management District Number Two? COMMITTEE Land Use and Transportation Committee CATEGORY: Consent City Council Business Ordinance Resolution STAFF REPORT BY: William A P.E. Surface Water Mana MEETIKG DATE: September 21, 2009 Public Hearing Other DEPT Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated September 21, 2009. Options Considered: 1. Adoption of a Resolution confirming and approving the special assessment ro(t for the North Lake Management District Number Two. 2. Do not adopt a resolution confirming and approving the special assessment roll for the North Lake Management District Number Two. STAFF RECOMMENDATION Staff recommends Option 1 be forwarded to the October 6 2009 City Council Consent Agenda for approvai. ���I��_�� CITY MANAGER APPROVAL: CITY OF FEDERAL WAY Committee Council DIRECTOR APPROVAL: Comminee Council COMMITTEE RECOMMENDAT[ON: Forward Option I to the October 6 2009 City Councit Consent Agenda for approval. �C���ec'l Linda Kochmar, Chair Member Member PROPOSED COUNCIL MOTION "I mo to adopt the Resolution confirming and approving the special assessment roll for the North Lake Man ement Dislrict Number Two_ (BELOW TO BE COMPLETED BY CITY CLERKS OFFlCE) COUNCIL ACTION: APPROVED COUNCIL BILL ft DENIED i reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances onlyJ ORDINANCE tf REVISED 02/06/2006 RESOLUTION CITY OF FEDERAL WAY MEMORANDUM DATE: September 21, 2009 TO: Land Use and Transportation Committee VIA: Brian Wilson, Interim City Manager FROM: W�l(iam Appleton, P.E., Surface Water Manager Daniel Smith, Water Quality Program Coordinator SUBJECT: Resolution Approving and Confirming the Special Assessment Ro![ for North LMD Number 2 BACKGROUND: On September 1, 2009, City Council adopted Ordinance No. 09-622 creating a lake management district known as North Lake Management District (LMD) Number 2. Pursuant to RCW 36.61.120 and RCW 36.61 140, all notice and hearing requirements for establishing the roil of rates and charges for the LMD have been satisfied. The next step is to confirm and approve the LMD special assessment roll. Attached is the Resolution of the City Council approving and confirming the special assessment ro(1 for Lake Management District Number 2 for North Lake, including E�ibit A, which t) Each separate lot, tract, parcel of (and, or other property in the lake management district; (2) the acreage of such property, and the number of feet of take frontage, if any; (3) the name and address of the owner or reputed owner of each 1ot, tract, parcel of land, or other property as shown on the ta�c ro(Is of the county assessor; and (4) the special assessment proposed to be imposed on each tot, tract, parce( of land, or other property, or the annuat special assessments proposed to be imposed on each lot, tract, parcel of land, or other property. Aitachment: Resotution approving and confirming the special assessment roll for North LMD Number 2 r:.�: EXHIBIT A North Lake Management District Number 2 Assessment Roll Resolution No.09- Page 4 of 4 Rev 3/09 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING AND CONFIRMING THE SPECIAL ASSESSMENT ROLL FOR LAKE MANAGEMENT DISTRICT NUMBER 2 FOR NORTH LAKE. WHEREAS, on September l, 2009, the Council of the City of Federal Way adopted Ordinance No. 09-622 creating a lake management district known as North Lake Management District Number 2 ("District"); and WHEREAS, notice and hearing requirements for establishing the roll of rates and charges for the District pursuant to RCW 36.61.120 and RCW 36.61.140 have been satisfied; and WHEREAS, the City of Federal Way conducted a public hearing on October 6, 2007 for the purpose of hearing objections to the assessment roll proposed for North Lake Management District Number 2; and WHEREAS, after consideration of the assessment roll, the City Council has determined to order the roll confirmed as presented; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Assessment Roll Confirmed and Approved. The City Council of the City of Federal Way hereby confirms and approves the special assessment roll attached hereto as Exhibit "A" and by this reference fully incorporated herein. A copy of the assessment roll shall be filed with the City Clerk. Resolution No.09- Page 1 of 4 Section 2. Method of Pavment. Collection of the assessment shall be pursuant to RCW 36.61. Rates and charges for the North Lake Management District No. 2 shall be included in King County's local improvement district tax statements. The total amount of the North Lake Management District No. 2 rate and charge shall be due and payable on or before the 3l day of May and shall be delinquent after that date. Payments received after the due date will be subject to a simple interest charge of 12 percent per annum (or 1 percent per month). Section 3 Notice A. In accordance with the procedures set forth in RCW 36.b1 .190, the City shall cause to be published in a newspaper of general circulation in the lake management district a notice indreating that the special assessment roll has been confirmed and that the special assessments are to be collected. B. Within ten (10) days of such publication, the City shall mail notice to each owner or reputed owner of property whose name appears on the special assessment roll of the annual special assessment due. Section 4. Severabilitv. 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 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to t�is resolution including, but not limited to, the correction of Resolution No.09- Page 2 of 4 scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. 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 3 of 4 EXHIBIT A North Lake Management District Number 2 Assessment Roll Resolution No.09- Page 4 of 4 I TA%P�YERNPME I PDORE65UNEY1 I �pORE68LINE;T1 I PPRCElNO. I Est.lol(SOFT�I 14a IiRSONT(Fnl R4TE I L�NOUEE I ZONINt3L0l �1TN:LIMF I COUNCIL MEETING DATE: October 6, 2009 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED RESOLUTION OPPOSING PROPOSITION N0.1— ADOPTING MAYOR/COUNCIL FORM OF GOVERNMENT POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED RESOLUTION OPPOSING PROPOSITION NO.1— ADOPTING MAYOR/COUNCIL FORM OF GOVERNMENT? COMMITTEE: N/A CATEGORY' Consent City Council Business Ordinance Resolution MEETING DATE: Public Hearing Other STAFF REPORT BY: PATRICIA RICHARDSON, CITY ATTORNEY DEPT: Law On September 15, 2009, during its regularly scheduled council meeting, the City Council held a public hearing pursuant to RCW 42.17.130(1) regarding Proposition No. 1— Adopting Mayor/Council Form of Government ("Proposition"). Representatives in support and representatives in opposition were invited to speak at the hearing. Public notice was published and equal opportunity to speak was provided for those supporting and those opposing the Proposition. After listening to the presentations and public comment, and after discussing the Proposition, the City Council directed staff to prepare a resolution opposing theProposirion. Attachments: Proposed resolution opposing Proposition No. 1— Adopting Mayor/Council Form of Government. Options Considered: 1. Approve the proposed resolution opposing the Proposition. 2. Modify the proposed resolution opposing the Proposition. STAFF RECOMMENDATION: n/a CITY MANAGER APPROVAL: Committee COMMITTEE RECOMMENDATION: N/A W APPROVAL: committee councit Com C hair Committee Member Committee Member PROPOSED COUNCIL MOTION: `7 move approval of Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL DENIED 1 reading TABLED/DEFERRED/NO ACI'ION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED 02/06/2006 RESOLUTION RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, Opposing Proposition No. 1 Adopting a Mayor/Council Form of Government WHEREAS, Proposition No. 1 Adopting a Mayor/Council Form of Government will be presented to the voters in conjunction with the general election on November 3, 2009; 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 15, 2009, and an equal opportunity was provided for those in favor of and those opposed to Proposition No. 1; and WHEREAS, the City Council finds that an expression opposing Proposition No. 1 is appropriate, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City of Federal Way City Council opposes Proposition No. 1— Adopting a Mayor/Council form of Government, which will be presented to the voters in conjunction with the November 3, 2009, general election ballot. Section 2. Severabilitv. 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 ntunbers and any Resolution No.09- Page 1 of 2 referencesthereto. 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 of 2 COUNCIL MEETING DATE: October 6, 2009 CITY COUNCIL AGENDA BILL ITEM C�-:� SUBJECT: TENTATIVE SETTLEMENT AGREEMENT REGARDNG BLANCHARD POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE TENTATIVE SETTLEMENT AGREEMENT REGARDING BLANCHARD PROVIDED THAT THE COURT APPROVES SAID AGREEMENT? COMMITTEE: N/A CATEGORY: Consent City Council Business Ordinance Resolution MEETING DATE: Public Hearing Other STAFF REPORT BY: PATRICIA RICHA�tDSON, CITY ATTORNEY DEPT: Law On September 17, 2009, the City participated in a court ordered mediation regarding the above lawsuit. T'he parties reached a tentative agreement subject to City Council's approval and the Superior Court's approval. This lawsuit arose from an eleven-year-old girl found hanging by a rope on playground equipment, emergency revival actions and resultant severe neurological damage. The other defendants in this case settled for their insurance policy limits of $7,000,000. The plaintiffs demanded $80,000,000 from the City. The insurance carrier is Travelers. The tentative settlement agreement of $2,200,000 is well below the City's policy limit. The agreement specifically does not place any liability on the part of the City, but recognizes that the uncertainty and cost of litigation are significant factors for the tentative agreement. T'he court appointed Guardian Ad Litem for the child agreed to the tentative agreement, and will recommend that the Superior Court approve it. Options Considered: 1. Approve the tentative settlement agreement regarding Blanchard. 2. Modify the tentative settlement agreement regarding Blanchard as directed to present to the Court. STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL: CITY OF FEDERAL WAY Committee COMMITTEE RECOMMENDATION: APPROVAL: Council Committee Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: move approval of Option 1 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL t! DENIED l reading TABLED/DEFERRED/NO ACTION Enactment readiog MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED- 02/06/2006 RESOLUTION COUNCIL MEETING DATE: ITEM b• CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT BUSINESS INCUBATION IN FEDERAL WAY A Discussion with Tom Pierson, Chief Executive O�cer, Federal Way Chamber of Commerce POLICY QiJESTION Should the City Council pursue a business incubation model in Federal Way? COMMITTEE: FEDRAC CATEGORY: Consent City Council Business Ordinance Resolution MEETING DATE September 22, 2009 Public Hearing Other: Discussion STAFF REPORT BY: B ant En e, Fmancial Services Administrator DEPT: City Manager's Office ATTACHMENTS: Mr. Pierson has prepazed the following items for Council consideration: A. PowerPoint Presentation "About Business Incubation" B. Frequent Asked Questions SUMMARYBACKGROUND: The Chamber of Commerce has expressed an interest in discussing business incubation in Federal Way. With Committee consensus the item may appear on a future Committee or Council agenda for further discussion or action. OPTIONS: None recommended. STAFF RECOMII�NDATION N/A ti/R///irv) "�,J�I►vi r CITY MANAGER APPROVAL: �'f�/1 DIRECTOR APPROVAL: Committee Council omm� Council (BELOW TO BE COMPLETED BY CITY CLERXS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BII.L DENIED 1 reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (orrlinances only) ORDINANCE REV ISED 02/06/2006 RESOLUTION PROPOSED COUNCIL MOTION N/A Federa) Wa A business incubator is... enhancmg cammumty a program designed to accelerate the successful development of entrepreneurial companies through an array of business support resources and services, developed or orchestrated by incubator management, and offered both in the incubator and through its network of contacts. Federal Way C�1:I;�►'�1 enhancing community The incubation difference Small Business Development Center By law, works with any small company that asks Works with small businesses at any stage Research/technology park Focuses onlarge or established companies Offers few or no business assistance services Permits companies to stay as long as they iike Business incubation program Works with select, viable start-up and early-stage companies Offers targeted, specific business assistance services Requires companies to graduate Federal Way C�I :I=�►'il enhancing community A history of progress 1959: First U.S. incubator founded in Batavia, N.Y. 1985: National Business Incubation Association founded with 40 members 2009: 7,000 incubators worldwide and 1,900+ NBIA members Federal Way C�Ir/��►�il���:� enhancing community Business incubation works EDA's strategic focus on innovation and entrepreneurship makes sense, in that investments in business incubators generate significantly greater impacts in the communities in which they are made than do other project types. From "Construction Grants Program Impact Assessment Report," a study undertaken by Grant Thomton for the U.S. Department of Commerce Economic Development AdminisVation, 2008 Federal Wa� C�I��af►�/�•��► enhancing community Business incubation works Retum on investment $1 public investment in incubator =$30 in local tax revenue Business retention 84% of graduates stay in community Increased likelihood of business success 87% of incubator graduates stay in business Source: Business Incubation Works, 1997; 2006 State of the Business Incubation fndustry Client services: Why incubation works Help with business basics Nefinrorking activities Marketing assistance Help with financial management Access to capital Links to university/corporate partners Business training programs Mentoring and coaching Source: 2006 State of the Business Incubation Indushy Traits of a successful incubation program Federal Way �'�i�;�►�/����: enhancing community Federal Wa�i ��1■/a�►�/�•��► enhancing tammunity Integration into larger communiry Part of overall communiry economic development plan Community/sponsor support for mission and operations An effective team Professional management with adequate pay Network of business advisors, mentors and consultants Professionalism Emphasizes client assistance Models good business practices Strives for financial sustainability Measures effectiveness and impact regularly Source: NBIA Principles and Best Practices of Business Incubation Types of business incubation programs se� Technology (39%) Federal Way C+�1: /;�►`i1=� enhancing cammunity Mixed Use (54%j Source: 2006 State of the Business fncubation Mdustry A typical mixed-use incubation program Facility and clients 40,610 square feet 16 resident clients Goals Creating jobs Fostering entrepreneurial climate Services Marketing assistance Networking Access to loan funds Business training programs Federal WcaY C+�1:►;�►'�1-��► enhanting communitp Source: 2005 State of the Business Incubation Industry A typical technology incubation program Facility and clients 36,631 square feet 14 resident ctients Goals Technology commercialization Economic diversification Identifying corporate spin-out businesses Services Specialized equipment or facilities Management team identification Access to ange� or venture capital Source: 2006 State of the Business Incubafion Industry A typical specialty incubation program Facility and clients 13,146 square feet 15 resident clients Goals Accelerating growth in a particular industry Business retention Fostering minority/women entrepreneurship Services Shared facilities and/or services Networking Logistics/distribution help Federa) Way, C�:/=1►'i1���►� enhancing community Federa[ Wa C�1:I;�►'�1 enhancing cammunity Source: 2006 State of the Business Incubatan Industry Federal Way Incubation program sponsors �=�►�i� enhancing cammunity Economic deve{c organizations {3 nT entities (21 %J institutions (2096) No sponsor (8%J Source: 2006 State of fhe Business Mcubatan Indus6y Federal Wa� C�1:/=�►'i1=��►� enhancing tommunity p Incubation success stories In 2005 alone, North American incubators helped more than 27,000 start-up companies that provided full-time employment for more than 100,000 workers and generated annual revenues of more than $17 billion. From NBIA's 2006 State of the Business Incubatron Industry See the latest success stories at www.nbia.org/success_stories/. Combination (8%) Other (8%) What are business incubators? Business incubators nurture the development of entrepreneurial companies, helping them survive and grow during the start-up period, when they are most vulnerable. These progams provide their client companies with business support services and resources tailored to young firms. The most common goals of incubation programs are creating jobs in a community, enhancing a community's entrepreneurial climate, retaining businesses in a community, building or accelerating growth in a local industry, and diversifying local economies. Is business incubation a new industry? No. The tertn "business incubator" gained popularity in the media with the explosion and subsequent demise of so-called Internet incubators between 1999 and 2001, but the business incubation model traces its beginnings to the late 1950s. How many business incubators are there? As of October 2006, there were over 1,400 incubators in North America, up from only 12 in 1980. Of those, 1,115 were in the United States,191 were in Mexico and 120 were in Canada. NBIA estimates that there are about 7,000 business incubators worldwide. The incubation model has been adapted to meet a variety of needs, from fostering commercialization of university technologies to increasing employment in economically distressed communities to serving as an investment vehicle. What are the different types of business incubators? Incubation programs come in many shapes and sizes and serve a variety of communities and markets: Most North American business incubators (about 94 percent) are nonprofit organizations focused on economic development. About 6 percent of North American incubators are for-profit entities, usually set up to obtain returns on shareholders investments. 54 percent are "mixed-use," assisting a range of early-stage companies. 39 percent focus on technology businesses. About 4 percent focus on service businesses, serve niche markets or assist other types of businesses. 3 percent serve manufacturing firms. About 53 percent of business incubators operate in urban areas, 28 percent operate in rural areas and about 19 percent operate in suburban areas. Source: 2006 State of the Business Incubation Industry Who sponsors business incubators? Incubator sponsors organizations or individuals who support an incubation program financially may serve as an incubator's parent or host organization or may simply make financial contributions to the incubator. About 31 percent of North American business incubators are sponsored by economic development organizations. 21 percent are sponsored by government entities. 20 percent are sponsored by academic institutions. 8 percent axe sponsored by other types of organizations. 8 percent of business incubators are "hybrids" with more than one sponsor. 4 percent are sponsored by for-profit entities. 8 percent of incubators have no sponsor or host organization. Source: 2006 State of the Business Incubation Industry What makes a business incubator successful? To1ay the groundwork for a successful incubation program, incubator developers must first invest time and money in a feasibility study. An effective feasibility study will help determine whether the proposed project has a solid market, a sound financial base and strong community support all critical factors in an incubator's success. Once established, model business incubation programs commit to industry be5t practices such as structuring for financial sustainability, recruiting and appropriately compensating management with company-growing skills, building an effective board of directors, and placing the greatest emphasis on client assistance. How do incubators help start-ups get funding? Incubators help client companies secure capital in a number of ways: Managing in-house and revolving loan and microloan funds Connecting companies with angel investors (high-net-worth individual investors) Warking with companies to perfect venture capital presentations and connecting them to venture capitalists Assisting companies in applying for loans How do incubators contribute to local and regional economies? Incubator graduates create jobs, revitalize neighborhoods and commercialize new technologies, thus strengthening local, regional and even national economies. NBIA estimates that in 2005 alone, North American incubators assisted more than 27,000 start-up companies that provided full-time employment for more than l Op,000 workers and generated annual revenue of more than $17 billion. Source: 2006 State of the Business Incubation Industry Business incubators reduce the risk of small business failures. Historically, NBIA member incubators have reported that 87 percent of all firms that have gaduated from their incubators are still in business. Source: Business Incubation Works Why are business incubators worthy of government subsidies? Government subsidies for well-managed business incubation programs represent strong investments in local and regional economies. Consider these returns: Research has shown that for every $1 of estimated public operating subsidy provided the incubator, clients and graduates of NBIA member incubators generate approximately $30 in local tax revenue alone. Source: Extrapolated from data in Business Incubation Works NBIA members have reported that 84 percent of incubator graduates stay in their communities. Source: Business Incubation Works Do business incubators that receive local funding and/or tax abatements compete unfairly with local landlords? No. Business incubators actually contribute to the long-term viability of the local real estate market. Incubation programs graduate strong and self-supporting companies into their communities, where these companies build, purchase or rent space. Because incubated companies are more likely to succeed than nonincubated firms, landlords of incubator graduates face far less risk than they otherwise would. Also, while they're in the start-up phase, incubator client companies can obtain flexible space and leases that are more appropriate ta their stage of growth than they could on the commercial market. How do business incubators differ from research parks? Research parks (sometimes called science parks or technology parks) are property-based ventures consisting of research and development facilities for technology- and science-based companies. Research parks often promote community economic development and technology transfer. They tend to be larger-scale projects than business incubators, often spanning many acres or miles. Research parks house everything from corporate, government, and university labs to big and small companies. Unlike business incubators, research parks do not offer comprehensive programs of business assistance. However, an important component of some research parks is a business incubator focused on early-stage companies. How do business incubators differ from SBDCs? The U.S. Small Business Administration administers the Small Business Development Center (SBDC) program to provide general business assistance to current and prospective small business owners. SBDCs (and similar programs) differ from business incubators in that they do not specifically target early-stage companies; they often serve small businesses at any stage of development. Some business incubators partner and share management with SBDCs to avoid duplicating business assistance services in a region. How do business incubators differ from coworking spaces? Coworking spaces offer a gathering point for independent contractors and freela.ncers who want to eliminate the isolation of working from home or wish to collaborate with other freelancers. Some may also offer networking opportunities and basic technical assistance. While the primary value of co-working is the interaction with other professionals, the primary value of an incubation program is its mix of business assistance services specifically targeted to emerging companies. Those services generally extend well beyond networking and basic technical assistance. How do business incubators differ from business accelerators? People sometimes use the term business accelerator as another term for business incubator in an attempt to differentiate themselves in the market. During the dot-com boom that occurred around 2000, numerous terms like "accelerator" emerged to describe business incubation programs. In the current market, many of these terms have fallen away, but accelerator remains a relatively popular term to describe business incubation programs. What is a virtual incubator? NBIA traditionally has defined virtual incubation as the delivery of incubation services solely through electronic means. However, the term may be used interchangeably with `xaffiliate program" for services delivered to clients that are not in residence in an incubator. "Virtual incubation" also may be used to denote a program that offers services to clients who are located far away from an incubator, when the program does not offer any multi-tenant space. What is NBIA? The National Business Incubation Association (NBIA) is the world's leading organization advancing business incubation and entrepreneurship. Each year, it provides thousands of professionals with information, education, advocacy and networking resources to bring excellence to the process of assisting early-stage companies. Who belongs to NBIA? NBIA serves more than 1,900 members in over 60 nations. While incubator managers and developers make up a large share of NBIA's membership base, the association also represents other interested individuals and groups. Approximately 25 percent of the NBIA membership is from outside the United States. How does the performance of NBIA members compare with that of other incubation programs? NBIA or other professional association membership does not guarantee success, but having access to a wealth of industry resources and a support group of professionals to turn to for advice when times get tough makes the challenges of operating an incubation program more manageable. As a result, NBIA member incubators generally outperform their nonmember counterparts. NBIA member programs offer more business assistance services, have higher staffing levels and serve more clients. Clients of inember incubators create more full-time jobs than clients of nanmember incubators. Average revenue at NBIA member incubation programs is more than double that at nonmember programs. Source: 2006 State of the Business Incubation Industry What is NBIA's mission? NBIA advances the business creation process to increase entrepreneurial success and individual opportunity, strengthening communities worldwide. To accomplish this mission, NBIA serves as a clearinghouse of information on incubator management and development issues. The association engages in many activities that support members' professional development, including Organizing conferences and specialized trainings Conducting research and compiling statistics on the incubation industry Producing publications that describe practical approaches to business incubation Consulting with governments and corporations on incubator development COUNCIL MEETING DATE: October 6, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM C,.�, C, SUBJECT: APPOINTMENT TO THE PLANNING COMMISSION POLICY QUESTION Should Council Re-Appoint a Member to the Planning Commission? COMMITTEEt N/A MEETING DATE N/A CATEGORY: Consent City Council Business Ordinance Public Hearing Resolution Other STAFF REPORT BY: Carol A. McNeilly City Clerk DEPT Human Resources/City Clerk Attachments: N/A Background: On August 20, 2009, the City Clerk's Office published a recruitment norice to fill one voting position on the Planning Commission. The vacancy is a result of a four-year term expiring on September 30, 2009. The Clerk's offce received one application in response to the recruitment. The application was submitted by Lawson Bronson, who is currently serving in the position with the expiring term. Section 20.10 of the City Council Rules of Procedure state the Council will not interview applicants already serving in the position and may approve re-appointment of citizens wishing additional terms subject to any limits established by ordinance or other laws without conducting public recruitment or interview. Therefore, formal interviews of applicants were not conducted by the Council. If appointed, Mr. Bronson wili be invited to the October 20, 2009 City Council Meeting to receive his Certificate of Appointment. Options Considered: 1. Re-appoint Lawson Bronson to the Planning Commission with a term expiring September 30, 2013. 2. Direct staff to re-advertise the vacancy. STAFF RECOMMENDATION N/A CITY MANAGER APPROVAL: Committee COMMTTTEE RECOMMENDATION N/A DII2ECTOR APPROVAL N/A N/A comnrittee council PROPOSED COUNCIL MOTION `7 move to re-appoint Lawson Bronson to a voting position with a term to expire September 30, 2013. COUNCIL ACTION: APPROVED COUNCIL BILL DENIED 1� reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REV ISED 02/06/2006 RESOLUTION k:\clerk�agenda bil1s�2009\04-21-2009 regular special mtg�agenda bill pazk rec commission appointments.doc COUNCIL MEETING DATE: October 6, 2009 CITY OF FEDERAL WAY CITY COUNCIL ITEM �,,,Q. AGENDA BILL SUBdECT: Department of Ecology Municipal Stormwater Grant of Regional or Statewide Significance FY 2010-20 i 1 POL[CY QUESTION Should the Councii authorize staff to partner with the Friends of the Hylebos and submit a project proposal for the Municipal Stormwater Grant of Regional or Statewide Significance (GROSS) to develop an environmental curriculum for use within the Federat Way School District and other schoot clistricts within the state? COMMITTEE: Land Use and Transportation Committee CATEGORY: Consent Councit Business Ordinance Resolution MEETING DATE: October 5, 2009 Public Hearing Other STAFF REPORT BY: Wiltiam Appleton, P.E_, Surface Water Manager DEPT Public Works Attachments: i. Memorandum to Land Use and Transportation Committee dated October 5, 2009 2_ FY 2010-2011 Municipal Stormwater Grant of Regionai or Statewide Significance (GROSS). 3. Draft project proposal. Options Considered: l. Authorize staff, in partnership with the Friends of tlie Hylebos, to submit a proposal to DOE for development of an environmental education curriculum to be funded thru a Municipal Stormwater Grant of Regional or Statewide Significance (GROSS). 2. Do not authorize staffto submit the proposal. STAFF RECOMMENDATION Forward Option 1 to the October 6, 2009 City Council Business Agenda for approvaL C[TY MANAGER APPROVAL: f�•�,}.��-. `G DIRECTOR APPROVAL: �11'` Committee Council Committee Council COMiVIITTEE RECOMMENDATION Forward staff recommendation to the October 6 2009 City Council Business Agenda for approva(. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION "1 move to authorize staf, f to submit a proposal to DOE for development of an environmenial education curriculum to be funded through a Municipal Stormwater Grant of Regional or Statewide Significance (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCtL AC'I'ION: APPROVED COUNC[L BILL DENIED 1 reading TABLED/DEFERRED/NO ACCION Enactment reading MOVED TO SECOND READING (ordinances on1yJ ORD[NANCE RE V [SED 02/06/2006 RESOLUTIOIY CITY OF FEDERAL WAY MEMORANDUM DATE: October 5, 2009 TO: VIA: Land Use and Transportation Committee Brian Wilson, Interim City Manager FROM: William Appleton, P.E., Surface Water Manager SUBJECT: Municipal Stormwater Grants of Regional or Statewide Significance BACKGROUND• On August 25` of 2009, the Department of Ecology announced the avai(ability of Municipal Stortnwater Grants of Regional or Statewide significance to support implementation of Municipal Stormwater General Permits issued in January of 2007. A total of $3.0 miilion dol(ars is avaitable to fund this grant program, and the maximum grant funding amount is $0.5 million dollars. There are no matching requirements. The grant program is intended to provide funding for Phase I and Phase [I iocal governments or ports for projects that benefit stormwater management programs across a region or statewide, and support implementation of NPDES municipal stormwater permit programs. Project benefits may include, but are not limited to: Assists a number of permittees in a region or statewide to imp(ement permit requirements. Develops a product that is transferrable regionally or statewide. Purchases equipment and/or personal services contracts that support activities for multiple permittees. Advances regional and statewide access to stormwater management technology or resources. The Friends of the Hylebos, a non profit organization focused on the restorationlconservation of the Hylebos watercourse, has approached the City Of Federal Way with a grant proposal that meets the requirements of the Municipa( Stormwater Grant of Regional or Statewide significance. The Friends of the Hylebos would like to partner with the City Of Federal Way to apply for a grant. A summary of their proposed project is as foilows: The project will produce an inquiry based model for an environmental science program for the Public Schools. The model will support the existing science curriculum for elementary and middle schools by providing guided learning opportunilies for students to apply coneepts introduced in the classroom to scientific inquiry in the field. The field experience will be managed by Friends of the Hylebos, working closely with the classroom teacher. The outcome will be an environmental science education program that includes an outdoor field ezperience in their local community that will demonstrate the impact of their decisrons on the natural environment. 7'his work and curriculum would be coordinated with the Federal Way School District. The City Of Federal Way wou(d facilitate the grant application process and Surface Water Staff would have a project management role in the development of this project and be responsible for billing and coordination with DOE. Participation in this project will assist the City in meeting our public education and outreach goals for 2010 and beyond, while overa(( the project is viewed as having the potential to have a very positive affect on our environment and the education of our youth. Staff is requesting authorization to partner with the Friends of the Hylebos and submit a project proposal for consideration of funding thru the DOE Municipal Stormwater Grant of Regional or S#atewide significance. ��?;:,t::� �''�:w.,�� ��r �>v:��� E�:�� ��t��f<�;����>`��'�� kf3 �:i::� �:�#�3 f t>y�t;�jir�3< y��, 'ts} niu'.;��rF�# m :3t>#3 �a"<: •�s?3i��? t �ir; 3�r:3:*�sir�s„ �`s,r. s;la; �ns�s: 4 .�?<zF�»n,� i€€ :>3?E•i!.`t) E3>.33�3f1t`?` i:<Y:; x.<73t� F>J�.' f�:T..i• fr.i�.3` FY2010-2011 Municipal Stormwater Grants of Regional or Statewide Significance Request for Proposals August 25, 2009 Revised September 8, 2009 Introduction The Washington Department of Ecology (Ecology) is soliciting grant proposals for projects of regional or statewide significance to support implementation of Municipal Stormwater General Permits issued in January 2007: Phase I Municipal Stormwater General Permit Western Washington Phase II Municipal Stormwater General Pemut Eastern Washington Phase II Municipal Stormwater General Pernut The approximately $3.0 million dollars available for this purpose is carry-forward funding provided by the Washington State Legislature to local governments or ports to support stormwater permit implementation. This competitive grant program is available only to cities, towns, counties, and ports covered by a municipal stormwater permit. Universities, school or drainage districts, state agencies covered by municipal stormwater pemuts, or other secondary permittees (other than ports) are not eligible to apply for this funding. For information on local governments covered by the pernuts and permit requirements, see Ecology's website at �i ;t-�!'�ti Funding Program Purposes This grant program will provide funding for Phase I and Phase II local govemments or ports for projects that benefit stormwater management programs across a region or statewide antl support implementation of NPDES municipal stormwater pernut programs. Project benefits ma.y include, but are not iimited to: Assists a number of pernuttees in a region or statewide to implernent permit requirements. Develops a product that is transferrable regionally or statewide. Purchases equipment anrl/or personal services contracts that support activities for multiple permittees. Advances regional and statewide access to storm«%ater management technolo�� or resources. Note: Capital construction projects are not eligibie for funding. Total Funds Availabte Approximately $3.0 million is proposed for distribution to cities, towns, counties, and ports covered under the Phase I or Phase II municipal stormwater permits. Grant Ceiling and Match: Requests for grant funding must not exaeed $50�,000. There is no lower limit for proposals. There are no match requirements. Eligibility This is a competitive grant program open to a11 cities, towns, counties, or ports in Washington State covered by a Phase I or Phase II Municipal Stormwater General Permit. Universities, school districts, drainage districts, state agencies, or other secondary permittees other #han ports will not qualify. Partnerships Project proponents are encouraged to form partnerships to address issues of common concern and economies of scale. Eligible partners include but are not limited to other permittees, including secondary pernuttees such as universities, school districts, and drainage districts, as well as associations, non-profit organizations, and non-permittee local govemments. Project duration Grant funds must be fully expended and deliverables met by June 30, 2011. Program Schedule August 25 October 14, 2009 October i 5- November 2, 2009 November 4, 2009 November 5, 2009 to January 31, 2010 Submit grant proposals to Ecology Ecology rates and ranks proposals Ecology issues a funding offer list Negotiate and sign funding agreements May 4, 2010 Funding agreements must be signed 2 June 30, 2011 Proposal submittal process Projects mus# be completed Proposals must be submitted both in hard copy and electronically and received at Ecology's Lacey office no later than 4:30 p.m. on October 14, 2009. Two Hard-Covv Submittals. Proposals must be submitted on eight and one-half by eleven inch (8 %z" x 11") paper. The four major sections of the proposal are to be submitted in the order noted below in Proposal Requirements. Electronic Submittal. Proposals must be submitted electronically in the order noted below in Proposal Requirements. Apdf of the signed Certifications and Assurances form (E�chibit A to this solicitation) will suffice. Late proposals will not be accepted. Submit the electronic version as an attachment in an email to Harriet Bea1e at �����xW'.�i�':�;cE�-_,����,��ty� f Submit original signed paper version to: U.S. Postal MailingAddress: Department of Ecology Water Quality Program Municipal Stormwater Permit Program (Attn: Harriet Bea1e) P.O. Box 47600 Olympia, WA 98504-7600 Overnight Mail or Hand Delivery Address: Department of Ecology Water Quality Program Municipat Stormwater Permit Program (Arin: Harriet Bea1e) 300 Desmond Drive Lacey, WA 98503 The Program Manager of Ecology's Water Qualiry Program will have discretion to allocate funds for other needed projects. Loca1 governments or ports receiving funding under other Ecology stormwater grant programs are not precluded from applying for these grants of regional and statewide significance. Eligible Projects All projects must support implementarion of Phase I and/or Phase II municipal stormwater programs. All projects must demonstrate benefits to multiple pernuttees across a region or statewide. Ecology expects the lead proponent for the project to include costs for administering the contract and managing the project, including coordinating with other par�ners and participants in the region. Ecology will distribute the available funds to the highest ranked proposals for projects of regional or statewide significance that address the acrivities listed below. However, Ecoiogy welcomes and will rank any proposals consistent with the Funding Program Purposes. Stormwater Technical Center A iocal govemment or port and possible partner(s) scope the development of a stormwater technical center. The project proponent, in consultation with Ecology and an advisory committee, evaluates models from other areas, scopes the organizational structure, potential partners, goveming framework, finance strategy, location, and priority tasks for the center. As described in the 2009 authorizing iegislation (ESHB 2222), the center would conduct research, development, technology demonstration, technology transfer, education, outreach, recognition, and training programs. It is also authorized to review and evaluate emerging stormwater technologies_ Coordinate Evalua6on of Emerging Technotogies A local government or port caordinates a technical review process for emerging technologies. The process will fulfill the role of the TAPE process, which Ecology eliminated during budget reductions_ The grant funding is used to establish a technical review committee and procedures, coordinate the committee's activities, and work with Ecology to finalize approval of emerging stormwater tect�nologies. The process may be designed to be folded into the Stormwater Technical Center, either now or in the future. Permittee Training A local government or port conducts training on required permit elements such as illicit discharge detection and elimination, operation and maintenance, post-construction inspections, or other training topics called for in the pemut. The training program may include but is not limited to classroom training, field training, and developing training resources such as videos. The program serves staff in a region of the state such as Puget Sound, southwest Washington, all of �vestern Washington, or part or a11 of eastern Washington. Cooperative Equipment Purchase -A local government or port takes the lead for several permittees in purchasing one or more large piece(s) of equipment to use in its stormwater management program, such as a vactor truck, or a sweeper, or equipment for detecting iliicit discharges. The partnering permittees share the equipment cooperaiively and establish an agreement to cover equipment maintenance. Allowable costs include purchases of equipment needed to implement perrnit requirements {such as a vactor truck) rather than for general use (such as general use pick-up ttuck). Regional Stormwater Public Education and Outreach A permittee leads a project on behalf of a number of permittees to develop stormwater education materials targeting one or more target audiences and/or topics cal(ed for in the pemut. The lead permittee hires a consultant to apply social marketing techniques to developing and testing stormwater Stormwater Program Temptates, Models, and Products A local government or port develops a set of templates or models to assist permittees in implementing permit requirements. Examples include preparing tables/models for BMP sizing for sma11 projects, a list of regionaily supported BMPs for certain land uses/operations, or a model Stormwater Pollution Prevention P1an for municipal maintenance or storage facilities required in the permit. Cooperative Mapping or Recordkeeping System A local government or port develops and provides other pernuttees with a model, such as for mapping standards specific to stormwater infrastructure or recordkeeping and tracking of stormwater management program activities. The local government provides a training module and software for the system it develops to permittees in a region of western or eastern Washington, or statewide. NPDES Collaboration and Cooperative Efforts Ecology funds a local govemment or port to implement a regional approach to NDPES pernut implementation. The Lead Local Government would provide oversight and/or implementation of program elements where those elements are benefited from economies of scale and are feasible to implement in a broad-based manner. One example is a databaselinformation system for mapping data that links up several jurisdictions. Other activities that support stormwater management program implementation and atign with the purposes of this funding program. Proposal Requirements Proposals are limited in length to 10 two-sided pages. A. Cover Sheet l. Project Title 2. Local Government or Port 3. Tax ID number 4. Staff contact and contact information 5. Project partners 6. Attach Signature and Certification (see E�ibit A attached) B. Abstract 5 One paragraph (no more than'/� page) description of the project and hocv it supports stormwater management programs regionally or statewide. C. Work Plan Ecology will evaluate the work plan for the project based on how cleazly the project approach and organization of tasks is laid out, how c(early it demonstrates the benefits of the project, the readiness to proceed, the likelihood of project completion and the effectiveness and skill of the project team. Projects that directly benefit multiple pernuttees are highly desirable. Proposals must follow the outline below: 1. Purpose of the project l.l Describe how the project supports municipal stormwater permit programs. 1_2 Describe the regional or statewide benefits of the project, and link to the eligible projects listed above or provide a rationale for another project that meets the criteria of the Funding Program Purposes. 2. Project description 2.1 Project objectives 2.2 Proj ect activities/tasks 2.3 Project outcomes Describe the project accomplishments, including short- term and long-term outcomes. Accomplishments and outcomes should be measurable where possible. 2.4 Project schedule 2.5 Readiness to proceed 2.6 Deliverables 3. Partnerships List partners and partner roles and responsibilities. Include staff contact information for partners. 4. Proj ect Management 4.1 Project Team Structure/Internal Controls Provide a description of the proposed project team structure and internal controls to be used during the course of the project, including any subcontractors. 4.2 Staff Qualifications/Experience Identify staff who will be assigned to the potential contract, indicating the responsibilities and qualifications of such personnel, and include the amount of time each will be assigned to the project. D. Bud�et Ecology will evaluate the proj ect budget based on whether the costs are reasonable and likely to support the work plan and on how completely and clearly the proposal explains the costs. Projects that demonstrate an eff"icient use of resources will receive the highest rating. The budget must include: 1. Budget table that itemizes the following in detail: Salaries (list each position separately) Contractual (list each anticipated contract separately) Supplies (list in general categories) Equipment (itemize in general categories) Travel Other Indirect NOTE: Ecology grants limit indirect costs to a ma�cimum of 25% of salaries and benefits. 2. Budget narrative: Explain each budget item to demonstrate ho�v it is necessary to accomplish the project_ The budget does not need to show matching funds. Special Terms and Conditions In addition to the Scope of Work, recipients will be expected to meet the following special conditions: A. Commencement of Work In the event that the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the ri�ht to terminate this agreement. B. DEPARTMENT Fundin� RecoQnition. The RECIPIENT shall acknowledge and inform the public about DEPARTMENT funding participation in this project as appropriate. Examples include project signs and/or acknowledgement in pub(ished materials and reports, the news media, or other public announcements. Projects addressing site-specific loeations must utilize appropriately sized and weather-resistant signs. C. Equipment Purchase. The purchase of equipment may be eligible under this project_ If the RECIP[ENT determines that equipment is needed to achieve the project outcomes, a request must be made to the DEPARTMENT. All equipment purchases must have prior approval by the DEPARTMENT. D. Indirect Rate. To acknowledge overhead costs, the RECIPIENT may charge an indirect rate up to 2� percent based on RECIPIENT employee's direct salary and benefit costs incurred while conducting project related work, provided that prior to signature of this agreement, the DEPARTMENT's Project/Financial Manager may require a list of items included in the indirect rate during negotiations or thereafter. Items that are generally included in an indirect rate are identified in Administrative Reciuirements for Recivients of Ecolo�v Grants and Loans (found online at http://cv�vw.ecy.wa.gov/biblio/9118.html). E. MeetinQS/Li�ht Refreshments. The RECIPIENT may spend up to $50 per meeting for light refreshments associated with this project. The total amount spent for light refreshments under this agreement cannot exceed $300. F. Minoritv and Women's Business Participation. The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: 1. Inciude qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and �vomen's businesses are solicited whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. 4_ Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. Use the services and assistance of the State Office of Minariry and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. The RECIPIENT sha11 report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. Please include the following information: 1. Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub-and/or sub-subcontractors. 2. The total dollar amount paid to qualified firms under this invoice. G. Pro�ress Reports. The RECIPIENT sha11 submit quarterly Progress Reports to the DEPARTMENT's Project/Financial Manager. Payment requests will not be processed without a Progress Report. Reporting Periods. January 1 through Mazch 31 April 1 through June 30 July 1 through September 30 October 1 through December 31 Reporting Due Date. Quarterly Progress Reports are due 15 days following the end of the quarter. Report Content. At a minimum, all Progress Reports must contain a comparison of actual accomplishments to the objectives established for the period, the reasons for delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent information specified in this agreement. H. Water Qualiiy Monitorin�. Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Qualily Assurance Project Plan (QAPP) that follows Ecdogy's Guidelines and Speci�cations for Preparing Qualiry Assurance Project Plans for Environmental Studies, February 2001 (Ecology Publication No. 01-03-003). The RECIPIENT must submit the QAPP to the DEPARTMENT for review, comment, and must be approved before starting the environmental monitoring activities_ The RECIPIENT must use an environmental laboratory accredited by Ecology to analyze water samples for a11 parameters to be analyzed that require bench testing. The RECIPIENT should manage all monitoring data collected or acquired under this agreement in order to be available to secondary users and meet the "ten-yea.r rule." 8 Monitorin� Data Submittal Environmental Information Mana�ement Svstem Funding recipients that collect water quality monitoring data must submit all appropriate data to Ecology through the Environmental Information Management System (EIM). Criteria and Scoring Application Component Max Points :.:f•::.; x f ..:x: :%•:r�•:•Y/.•:'Y.•:�.':::%:%:::;� ::��.r.'... .3. .t .r '•J.•1i' �`•�'i .f. ::�:f�,:: <::'t�::�:�::�::�:'t=:':� ..t ar �:ftc�•a•a::`::,.;;':::::`•:�:rn•../•22:� `�:2'f o£ .F..;. ::''i r r �•._»:.x.>::: s:::::,:�: ...t... ..f ..,i3:1' •r.t r::�..s ::::.�::i•i:Jii:Giii: ?�•l•::v:$hv.N.! v :iT...._s .Y.i. ::::.�::.r:::::::-:: :::..::�i.i:::::::n:.. .........•r?:.:n�..... n;,iry{:...iiii:i::.:n.... v' x. y.�}y ..?1'.?q�-�.� ::.•},.}'•}i} �i.I.v. :i�{J .rl.s::. r h.� :i't.-}: :''Fi' .i� A:i F' f.f... F f:. i:�'f.i�i .::f� nF. ff vfii�::{}%'.ii.'-:.'-1: Fu: �i_L?ti u''r'� f.� ?:/f• �:�:F `2 �l fi +Y.�4�,};n._:.vvy. ::.iii'f.�:::::.;v::niiii�ii i��ii}::�:ii?4i:r.}v::::::::: :v::.::u:::::.�: .}�.:i:y:.:�.i"f.�+ ..rF :vu::::.�:: w::: .n :v: :v...........:::iw:. ::f+:.t. :::w:::::::.� :::::................n:�:.:. v.n�?.{"" i�i{i:i':..fr i�.. :•.}w:.i::rvi::.}�::::::::..;•:.;}i•.�:::�::::._: �.Y..r.�.�'"" r :.:.t. ""v""" :�i:�i:-i:��iiii•:::::::..�i :fii/..•:: ::i B. Pro'ect Abstract 0 i:::.}:..�::::.�::r n. ...f....n!:: .....Fn.F.�i•::..F. S:: fif'•r,r .fi :n x::::i...'.......... ..f.....f..... r f. n ...s.r:x::s.:�:.�.: y� ,.y vn ................}.ii'iRi{?fi:iC:i::iiii:i:•:i:iii:i•:'i�.. .........n....:.... �q.. .;:.fwn}•. .h..... 1! ..f.. !•:tiGi:.u..:.: f.:.::.r.n.. r�:+i f..� :i�iXi'i:;i ?•:'f..n�;::.i}:r•... f. n...........�:::n i.:'•....: •Xf aZiiii'r??:v:i:`:'i`::?ii:iiiiiiiiiiiii::4iiii:ii:iri�:... nf.•.+{L.'•X•i:?.}:f:Jn Fr• .•F• r:.�:r.�::�::::.. r Fitii��:�i}fF+ .�.C��S"J.•�: :::•y,•::?::: ..r. `+`+`•<•�.�::a••: •:`i SS:�`r,'t:S:::::::<:::i:::=.:.....:.:.. :.::::::::::::::::::::::::..........:.....................:.........:.:.:.:.............n�::::: r:n...f...... x::: •:::r. .%fF �f•Si{r n n: n:�:.� n1.• .�i.4 .�n.. l:�: �F. :�y...��. :ji;: ;:i:': n �r":.� w: v:::: :w::::r:n�:::::..if:?:i:'F.4.�; �^:'•i::tiny.: f :::v r:n�:.�...............x.�:::.-:..........: ..:'F.... .rF -i:+f.•j,v,.;i i.�� w ::::::::::::::::::::::n :v:: v:.:�:i:::i:::::}..�i-""":i:n�:}::v}:}-: 6 {:4 i ............r:::::::: x: i-.,-..v :y:.. :.v.: :.::..:::...:...v.. ..ne......• «.r.::y�.r.: 1. Pro'ect ur ose inciudin 300 Directly benefits multiple stormwater management programs Supports implementation of NPDES municipal stormwater permit programs Demonstrates regional or statewide significa�ce or value (e.g., is transferable, involves large number of permittees) 2. Clear and concise Project Description 350 Clear project objectives Detailed desc'ription of project tasks, outcomes, schedule Demonstrates readiness to proceed (e.g., project elements in place) lncludes specific deliverabtes li�ked to project purpose, tasks, project objectives 3. Strong partnerships 100 Demonstrates strong regional or statewide component/collaboration Identifies clear, appropriate roles and responsibilities for various partners 4. Project management 100 Clear team structure and project management Highly qualified staff, appropriate levels-of-effort and assignments ::..::r •:f�.::..>;::.;r;::;- :vf.4:::{:f.ii.ii�• y. i. ..J. 'r.... s..::r:::::.:...:.... n m:r..::�:::.:.:.:""".x::r•n.�... n i?.:":nii�'�ii'•:• �-.l.$':�+:-ev �:if �f>: .f:.c. .•i.vf�:::v:�: i::f::•::.�tiv:F iif F::•'fi,�f.I.. �.H'.1 r 1 r.:: .f. 1.•:.\..:! ::i%:�.'• f. ::::L..fTI� t'::.: ..ff. ..F.. .,f?• .f� f{ �:::"'.'.:::..•::::.�::::.'..:>:.:::..t:.:: :.:..:t.. ..t:. ../l...fr.::.:f::t; ...:`f... .si��.:.:f.�i:xr:::v}v ::.1�:w:.:: v:.f...�::v:�.. !?:i�: �':�F� ��:.�.w:.: ::s.. ...fi:i n..::n.....:-...... v:.f ::.�t i'i::f'•`r��'Fi:?:r: i �ii:'fiSi•::�: i' rf.0 ��i'2 ii�f ;+i v:'fiX. nW:.i": r'Y"":i': n v.: ::..}w: i4iiY.;::. i:::::.}.......,- r:'fi'... .rf'. ....5... .x:.:.n:.:.::::.i=i:i:i'5:::;::�}.:....,.vn....:.:::::.n.::.i.:n::::::.....n :::::v.:.:n•. :.y:.r.�v...:. ..:.•1+....{?;:.x•:<.: •a:o r /•.x.+ �.'•s•'f.:?•� i::�:`;:::;: �;:;ii:�::i:r.:'s�3::-i::::�:i:=:�':;`:i�:;':::=:>=:•'::i:=::3::iS`5:�::�'::;'::�::. �:.>:::•:;::::o::.::•x..::�::�:r ..r.. 2.. -::.L::.�-::•::::.....n :::f.vh:::.;...;..;h�:••:::h::: ...f. ��w::::::v ..........::.:::{vii::}i}iiiiiii}:ii:?_:ii:ii:{:::.}.nn.::q.i: :n.. :v r.:�::::U.i.:::::::iii:<.;.•.w.:l,.:i4iii}i:y:::::.:.......n. •�••y: v.•......n... .x.:::.n... r..`•if :...iiii::ii: :v_:.............. ..f..rw.� •v: v :.j.:r -x n.. f n..n ;ii}ii:?:?i:::::. x.� :w ............................:.�.::.:::x...n..r.. .rn.r.: •:,r,•r :..v:_:::�:. :.::::::::::::ny::,t,•::. xy{r.::::.r�ii"'t"�r 1. Complete, understandable project budget, consistent with project work plan. 2. Budget is reaso�able. 3. Budget represents a good value for the work product(s). TOTAL POINTS POSSIBLE 1000 EXHIBIT A SIGNATURE AND CERTIFICATION I CERTIFY TO THE BEST OF MY KNOWLEDGE THAT TI-IE INFORMATION IN THIS APPLICATION IS TRUE AND CORRECT AND THAT I AM THE LEGALLY AUTHORIZED SIGNATORY OR DESIGNEE FOR THE SUBMITTAL OF THIS INFORMATION ON BEHALF OF THE APPLICANT. Printed Name Title Signature Date 10 PROPOSAL TO REDUCE STORM WATER CONTAMINATION ENVIRONMENTAL EDUCATION TO REDUCE STORM WATER CONTAMINATION Pubiic Education and outreach: "Regional Stormwater Public Education and Oatreach A local government leads a project on behalf of a number of permittees to deve(op stormwater education materia(s targeting one or more target audiences and/or topics catled for in the permit. The lead (ocal government hires a consultant to apply sociai marketing techniques to developing and testing stormwater education materia(s. The grant may also fund activities to distribute the materials and measure the impacts on changing behaviors to prevent pol(ution. Ecology encourages proposals to develop educationa! materials that permittees can customize and transfer to other parts of the state." FRIENDS OF THE HYLEBOS PROPOSA� A. Cover Sheet fProiect title....) B. Abstract: (one paragraph description of the project and how it supports stormwater management programs regionally or s#atewide) This project will directly invoive s#udents leaming about the causes and effects of storm water runoff in their own communities, and it will engage them in finding solutions to reduce poAution from storm water runoff a# home, at school, and in their communities. C. Work Plan Criteria for judging applications:: 1. Mow clearly #he project approach and organization of #asks is laid out 2. How clearly it demonstra#es the benefits of the project 3. The readiness to proceed 4. The likeli#tood of prQject completion 5. The effectiveness and skili of the project team 6. Benefit to multiple permittees 1 Purpose of the proiect: 1.1 Haw does the project support municipal stormwater permit programs? The project will directly support the City of Federal Way's Public Education and Outreach program and assist in meetirrg NPDES Phase II permit requirements. There are many benefits of teaching schoolchildren, key members of our community, about stormwa#er impacts. These children wi11 learn about environmental issues early and will therefore become interested, and perhaps, involved at earlier ages. Children often tell their parents what they learn in school therefore educating children is an effective way to spread stormwater awareness throughout the entire community. It is also envisioned #hat once environmental awareness is established, other stormwater programs in Federal Way will also benefit. The program wil! #ocus on teaching children about stormwater pollution which can, in turn, have a favorable affect on #he City's IIlicit Discharge Detection and Elimination program. It is also expec#ed that this program wiH Page i of 5 9/29/2009 PROPOSAL TO REDUCE STORM WATER CONTAMINATION establish a new group of young volunteers who would be interested and excited to participate in volunteer events such as stream ciean-ups and restoration projects. 1.2 What are the regional or statewide benefits of the project? Link to the eligible projects Iisted above (link to regional storm water pubiic education and outreach) Because the process of developing this education program is replicable, the outcome will have regional benefit. The program will serve Federal Way Public Schools, whose boundaries include three permittees: Federal Way, Kent and Auburn. In addition, the program model will be designed to be easily scaied up to serve a larger, more widespread audience. Students and teachers will also be encouraged to partner with other schoois and help disseminate the program modeL 2. Proiect description: This project will create an education program model for students K-12 to leam how natural systems (with an emphasis on watersheds) work, ways in which iand use practices and storm water management can affect natural systems, and how their local community is affected by the quality of local naturai systems. Students wiff learn about the effects of storm water runoff on their own neighborhoods, their watesheds, their food supply and recreation. Classroom lessons will be supplernented by real world exploration and experimentation, including participation in active habitat resto�ation projects. They will participate in projects that demonstrate the real world effects of choices they make and produce learning outcomes that are meaningful in the context of their local environment. The educationat materials that are produced as the outcome of this project will have the "ownership" of the participants and will be relevant to their own communities 2.1 Project objectives: The abjective of this project is to create an effective environmental education program tha# wiN engage students in finding and implementing solutions to local environmental issues through inquiry-based experience in their local environment_ The most effective way to change behavior is to engage people in discovery of the effects of their actions and decisions on the things they value_ The educational materials produced through this program wiQ provide guidelines for iesson plans and field experiences that can be used in other settings to study the effects of contaminants and environmenta! degradation on the local environment and to develop locally-based solutions. Students wil! learn how their own choices affect outcomes. Students will also engage in learning activities that are part of active Hylebos habitat restoration projects. Friends of the Hylebos will use elements of this model in designing interactive exhibits and programming for an Environmental Education Center near the West Hylebos Wetlands State Park. Page 2 of 5 9/29/2009 PROPOSAL TO REDUCE STORM WATER CONTAMINATION 2.2 Project activities/tasks: The City of Federal Way will work in partnership with Friends of the Hylebos and Federal Way Public Schoois to create, disseminate, test and refine the education processes and materials for students K-12. The program wiA be initiated in pilot schools that are selected based on the commitment of the principal and the teachers to support and participate in this program. Friends of the' Hyiebos will provide an environmental education consultant who will work with a team of teachers on a monthly basis to develop lesson plans and materials that fit the curriculum needs and the project goals. The Friends will aiso provide field sites where students can measure the impact of storm water contaminants on the iocal environment and leam methods of reducing the negative impact, as well as participate in habitat restoration and measure its positive effect on water quality. Teachers will create lesson plans and materiats that are alignedwith 2010 Washington State Essential Academic Learning Requirer�ents (EALRs), Science Standards and Environmental Education Standards. These lesson plans and materials will be replicable statewide and adaptable to local environmental conditions. Through classroom and outdoor guided learning experiences, students will learn about the effects of contaminants on water quality and the impact of their decisions on the natural environment. Students will participate in creating and testing educationat rnaterials under the guidance of the consuitant and their classroom teachers, and wi11 test the effectiveness of the mate�ials by performing classroom and field experiments and measuring #he results. A Project Management team consisting of a representative from Federal Way Public Schools and the Executive Direc#or of Friends of the Hylebos will oversee the project. At the end of the initial project year, this management team will formalize the program design and materials for further dissemination. 2.3 Project outcomes: the project accomplishments, including short-term and long-term outcomes. (Measurable outcomes, if possible). The output will be an environrnental program model and educational matenals that will be disseminated throughout the Federal Way Public Schools and will also serve as a guide for Friends of the Hylebos to develop a community-based environmental education pragram. In the near term, the outcome will be teachers and students engaged in applying scientific principles in field research and prepared to make decisions that foster responsible practices in reducing stormwater runoff. Both the process of discovery and the materials that are produced wili serve as a model for other communities. Friends of the Hylebos wll have first-hand experience in designing education programs forchildren and adults and will know how to design effective instructional tools. This p�ogram model can also be delivered through neighborhood organizations, such as scouting organizations, parks departments and environmental education centers. Page 3 of 5 9/29/2009 PROPOSAL TO REDUCE STORM WATER CONTAMINATION In the long term, students will be more informed about environmental issues and will be abie to make responsible, #act-based decisions and practice responsible behaviors that foster sustainability_ In turn, they will be able to affect policy in the public and private sectors. The long term consequence of this program will be gradually improving environmental quality, and the creation of healthier communities. 2.4 Project schedule: TBD 2.5 Readiness to proceed: TBD 2.6 Deliverables: Lesson plans for elementary, middle, and high school science classes Program model fior an inquiry based science education program focused on storm water runoff Educational materials for elementary, middle and high school level students that provide guidelines for program developmenf and options for projects that will reduce stormwater runoff 3 Partnerships List partners and partner roles and responsibilities. Include staff contact information for partners.( see above) Friends of the Hylebos wi11-provide pro}ect management, staff and consulting expertise, and local environmental knowledge as well as experience and expertise in sustainable resou�ce management. Friends of the Hylebos will also provide opportunities for teachers and students to apply scientific skills and processes in the field. 4. Project Management see above) 4.1 Project Team Structure/lnternal Controls TBD 4.2 Staff Qualifications/ Experience TBD Page 4 of 5 9/29/2009 PROPOSAL TO REDUCE STORM WATER CONTAMINATION D. Budget ltem Cost Education ro ram coordinator; .5 FTE 40,000 FOH Overhead expenses (office space, laptop computer, telephone, mileage, office, su Iies 1,500 Curriculum books 2,000 Ciassroom materials 2,500 Restoration tools 2,400 Work loves 850 Fieid project supervision Earthcorps crews 2 da s 3, 70Q Bus trans orta#ion 5,000 FOH Restoration staff su ort 4,600 FOH Executive Director 3,300 Teacher training time and administrative support TOTAL 65,450 The Friends will use grant funds ta (a) hire/contract with an education program coordinator who will convene teachers from FWPS and potentially other schaols (Highline Community College), train teachers and work with thern to deveiop appropriate Issson plans, (b} provide supervisiort and guidance for field experience wherein students can apply science concepts and principles to the scientific investigative process that aims to answer questions about the natural world, and (c) create and document a model curriculum that can be disseminated throughout the Federal Way Sehool District and adapted to other educational settings. Page 5 of 5 9/29/2009 COUNCIL MEETING DATE: October 6, 2009 CITY OF FEDERAL WAY ITEM CITY COUNCIL AGENDA BILL Su�EC�': RESOLUTION URGING BOEING TO SITE 787 PLANT IN WASHINGTON POLICY QUESTION Should the City of Federal Way approve a resolution urging The Boeing Company to site its second 787 plant in Washington State? COivnvnTTEE: NA CATEGORY: Consent City Council Business Ordinance Resolution STAFF REPORT BY: Linda Farmer, Com. Gov. Affairs Overview MEETING DATE: NA Public Hearing Other DEPT City Manager's Office enterpriseSeattle, the Puget Sound Regional Council and other organizations have banded together to urge The Boeing Company to site its second 787 plant in Washington State. Boeing pulls a significant portion of its workforce from Federal Way. If Boeing placed the next 787 line in Washington State, Federal Way could benefit from the extra jobs that would open there and with related industries. Attachments: Resolution Cover letter Options Considered: l. Approve a resolution urging The Boeing Company to site its second 787 plant in Washington State 2. Provide direction to staff on an alternate course. 5TAFF RECOMIVIENDATION Approve option 1. CITY MANAGER Y DIItECTOR APPROVAL: APPROVAL: Committee ouncil Committee Council COMMITTEE RECOMMENDATION NA: The resolution was brought to the full Council at the request of Mayor Jack Dovey. PROPOSED COiINCIL MOTION `7 move approval of Option 1 to adopt a resolution urging Boeing to place the next 787 line here in Washington State. ,w� �r a�+ October 7, 2009 GITY f-lALL 33325 8th Avenue South PO Box 9718 Federal Waey, WA 98�,3-9718 (253) 835-7� w�srw eetyr�de.ralway. c�rn Mr. James Albaugh President and CEO Boeing Commercial Airplanes PO Box 3707 Seattle, WA 98124 Dear Mr. Albaugh, On October 6, 2009, the Federal Way City Council voted {unanimously?—fill in after vote} to urge Boeing to site its second 787 line here in Washington State. The City of Federal Way recognizes Boeing's important role in the State as both a major employer and a strong corporate citizen. A significant portion of Federal Way residents work for Boeing or related companies. Federal Way residents would be able to provide the highly skilled workers needed to staff the 787 line. In addition, the City of Federal Way will help in the local grassroots efforts to secure the Air Force tanker contract under consideration. I am happy to discuss the CounciPs position with you. Please do not hesitate to contact me at 253.835.2401 or jack.dovey@cityoffederalway.com. Sincerely, Jack Dovey Mayor RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, Encouraging The Boeing Company to Site Its Second 787 Plant in the State of Washington. WHEREAS, The Boeing Company is an unparalleled corporate citizen in the education, environment, health and human services, arts and culture and civic arenas in Washington state; and WHEREAS, The Boeing Company is one of Washington State's top assets as a major employer; and WHEREAS, The Boeing Company pulls its workforce from a wide array of Puget Sound cities including Federal Way; and WHEREAS, a significant number of Federal Way residents work for Boeing or companies directly associated with the aerospace industry; and WHEREAS, Boeing will need a highly skilled work force within close proximity for a new 787 plant; and WHEREAS, residents of Federal Way provide the skills, abilities and proximity The Boeing Company is looking for; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City of Federal Way City Council urges The Boeing Company to place its second 7871ine here in the State of Washington Section 2. Severabilitv. If any section, sentence, clause or phrase of this resolution should Resolution No.09- Page 1 of 3 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 referencesthereto. 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: Resolution No.09- Page 2 of 3 CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No.09- Page 3 of 3 COUNCIL MEETING DATE: October 6, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM Q SUBJECT Federat Way Transportation Impact Fee (TIF) Program Ordinauce POLIGY QUESTION Should the Council adopt Transportation Impact Fee (TIF) program replacing the current pro-rata share mitigation method by requiring new development to pay their proportionate share of the cost of new facilities? COMMITTEE Land Use and Transportation Committee CATEGORY: Consent City Council Business Ordinance Resolution MEET[NG Sept. 14 2009 Q Public Hearing Other STAFF REPORT BY: Sarady_Long Sr. Transportation Planntng Engineer��DEPT Public Works Attachments: Memorandum to the Land Use and Transportation Committee (LUTC) dated September 14, 2009, inc(uding attachments. Options Considered: 1. Recommend adoption of the Transportation Impact Fee Ordinance (FWRC Chapter 19.91) and text amendments to Concurrency code (FWRC Chapter 19.90) as'recommended by the Planning Commission. 2. Modify the proposed TIF ordinance to reflect the Permit Stakeholders preference for Impact Fee collection prior to issuance of Certificate of Occupancy, and forward to City Council for adoption of the FWRC text amendments as modified. 3. odify the TIF Ordinance by providing option for residential development (Piat and Subdivision) to either �pay the impact fee prior to the issuance of Building Permit or provide a(ien on the property in the amount of the TIF to be paid and lien cleared at Certificate of Occupancy (C/O)_ Commercials and retai( developments would be paid prior to the issuance of Bui(ding Permit. 4_ Modify the proposed FWRC text amendments and forward to City Council for adoption of the FWCC text amendments as modified. STAFF RECOMMENDATION Staff recommends Op�ion and d�fe�g implementation to Juty l, 2010. CITY MANAGER APPROVAL: �+I r'l Committee APPROVAL: �G'Y�l. l'i�✓L Committee Council COMMITTEE RECOMMENDATION Committee recommends forwarding O tion 3and deferring implementation toJuly l, 2010 C�.S GtYvI-F-�ri-t��'-(� �Z? ��ll(!P/ a (',��j fj LL'��� ��7�i�'L� c�� s��.f�" o -�-�C.--- Linda Kochmar, Chair Dini Duclos, Member im FrCrreil, Member PROPOSED COUNCIL MOTiON: l Reading of Ordinance (October 6, 2009): `I move to for�vard the Transportation Impact Fee Ordinance (FWRC Chapter 19. 91) and text amendments to Concurrency code (FWRC Chapter 19.90) to the October 20, 2009 City Council Meeting for 2"`� Reading. 2 Reading of Ordinance (October 20, 2009): "I move adoption of the Transportation Impact Fee Ordinance (FWRC Chapter i9.91) and text amendments to Concurrency code (FWRC Chapter 19.90). (BELOW TD BE COMPLETED BY C/TY CLERKS OFFICE) COUNC[L ACTION: APPROVED DENIED TABLED/DEFERRED/lY0 ACTION MOVED TO SECOND READING (ordinances only) RE V [SED 02/06/2006 COCTNC[L B[LL lST reading Enactmeot reading ORDINANCE RESOLUTION K:1I,UfC12009�'W Traffic impact Fee Agenda Bill 091409 LUTC.doc ti;v a� ,,��a Federal Way INTEROFFICE MEMORANDUM DATE: October 2, 2009 TO: City Council FROM: Rick Perez, P.E., City Traffic Engineer RE: Federai Way Transportation Concurrency Management Ordinance Attached is a draR ordinance that captures the text amendments to the Concurrency Code (FWRC Chapter 19.90) that were discussed at the September 21, 2009 LUTC meeting. These amendments are necessary to avoid conflicts between the Transportation Impact Fee ordinance (FWRC 19.91) and Transportation Concurrency Ordinance (FVVRC 19.90). Staff Recommendation: Approve the text amendments to FWRC 19.90 Transportation Concurrency Management in the draft ordinance along with the draft ordinance adding a new section to FWRC 19.91 Transportation Impact Fees. Revised Proposed Council Motion: 1� Reading of Ordinance (October 6, 2009): '7 move to fonvard the Transportation Impact Fee Ordinance (FWRCChapter 19.91) and the Ordinance for textamendments to Concurrency code (FlNRCChapter 19.90) to the October 20, 2009 City Counci/ Meeting for 2o Reading. 2"� Reading of Ordinance (October 20, 2009): "I move adoption of the Transporbtion Im,aact Fee Ordinance (FWRC Chapter 19.91) and the Ordinance for text amendments to Concurrency cade (FWRC Chapte� 19.90). City of Federal Way Public Works Department Cary M. Rce, Public Works Director CITY OF FEDERAL WAY MEMORANDUM DATE: September 14, 2009 TO: Land Use and Transportation Committee VIA: Brian Wilson, Interim City Manager FROM: Rick Perez, P.E., City Traffic Engineer Sarady Long, Senior Transportation Plannmg Engineer SUBJECT: Federal Way Transportation Impact Fee (TIF) ProRram Ordinance BACKGROUND Attached is the draft Transportation Impact Fee (TIF) ordinance as approved by the Planning Commission. This is a new section added to Chapter 1991 of the Federal Way Revise Code (FWRC), which pertains to Transportation Impact Fee Ordinance. Second, the Concurrency Ordinance FWRC Chapter 19.90 is amended to de(ete reference to the pro-rata mitigarion as the new mitigation will be under the TIF code. Currently, the City utilizes two methods to collect traffic mitigation fees; the concurrency system and the City Center Planned Action. Under the concurrency system which was adopted in June 2006, a(I development outside the P(anned Action SEPA area that generates new trips is required to contribute pro- rata share mitigarion to Transportation Improvement Plan (TIP) projects impacted by the deve(opment consistent with RCW 82.02.020_ The pro-rata share mitigation fees assessed are ca(culated on a case-by-case basis and vary from no mitigation to over $5,900 per trip depending on the location of the deveiopment and projects on the TIP_ For development within the City Center Planned Action SEPA area, a set fee of $2,827 per trip has been estabtished. This fee needs to be updated this year to reflect current projects and costs. The new cost per trip results in a higher rate which is estimated around $5,000 per trip. SEPA is still required to address safeTy, access, and impacts occuning during other peak periods. Al( development is required to pay the identified traffic mitigation fees prior to the issuance of a buitding permit for commercial and muiti-family projects and prior to plat recording for subdivision projects. The funds from the traffic mitigation fees are used to support transportation improvement projects listed in the City's Six-Year Transportation Improvement Plan (TIP). TRANSPORTATION IMPACT FEE �TIF� PROGRAM The impact fees are mitigation payments authorized under GMA (RCW 82.02.050}. The impact fee would repiace the existing code-based pro-rata fees in the concurrency code (FWRC 19.90) and the Planned Action SEPA fee, create a more systematic way for applying the fees, and provide predictability for developers. The work involved with development of a TIF includes the following important factors: i. Forecast growth on the City's transportation network attributed to new traffic growth using the Travet Demand motiel. 2. Identify transportation improvements, costs and existing deficiencies using adopted level of service (LOS) thresholds_ 3. Determine portion of costs attributed to future traffic growth in Federal Way. K:�[,UTC12009\09-14-09 LUTC Memo V2090609.doc LUTC Memorandum RE: Traffic [mpact Eee (TIF) Program September l4, 2009 Page 2 of 4 4. Identify other revenues needed. 5_ Establish a maximum impact fee rate based on the trips generated by traffic growth and the costs associated with the transportation improvement projects needed to support that growth. The City Councii may refine this fee taking into consideration fees charged by the surrounding cities and the city's ability to fund the transportation improvement projects. In October2008, staff presented to the Council an overview of the City's current mitigation program and the proposed impact fee program. Staff returned to a Council study session on February 2009 to present the resu(t of the study and to seek Council direction before proceeding further with the TIF development Staff was directed to continue refining the one-zone impact fee rate of $9,800 per PM Peak Elour trip with consideration of the foliowings: 1. Current pro-rata mitigation fee coilected under concurrency 2. Adjacent jurisdictions impact fees 3. City Center redevelopment Following the Counci( study session, staff inet with the development community (Permit Stakehoiders) in March 2009 to discuss approaches and the proposed impact fee rate as presented to Council. As a result of these processes, staff performed additional analysis including surveying surrounding cities in Snohomish, King and Pierce County and produced a comprehensive overview of all city impact fee programs. The chart beiow depicts the city's current average pro-rata share mitigation fee under the concurrency process along with a summary of adjacent cities average impact fees. A more detailed comparison of impact fee rates and coliection timing is attached as Exhibit "A" Transportation Impact Fee Rates for Cities in Snohomish, Pierce and King County. Impact Fee of Comparabie Cities (Cost per PM Trip) $4,000 $3,500 $3,000 $2,500 $2,000 $1,500 $1,000 $500 $3.737 $3,769 K:\LUTC12009\09-14-09 LUTC Memo V2090609.doc Avg. Citywide Avg. 3 Avg. Cities in Avg. of larger Avg. of Mitigation Counties KC Cities with Comparable (E�asting) 25,000+ Pop. Cities LUTC Memorandum RE: Traffic Impact Fee (TIF) Program September 14, 2009 Pa�e 3 of 4 In South King County and North Pierce County, the City of Auburn, City of Puyallup, Ciry of Tukwila and City of Maple Valley all have imposed traffic impact fees on new development. Their traffic impact fee ranges from $1,244 per PM trip up to $6,272 per PM trip. Of all the cities surveyed, majority or all cities collect impact fee at the bui(ding permit stage. In May 2009, staff returned to the Stakeholders to present the fol(owing staff recommendations: A. Citywide one zone system B. Impact fee rate between $2,729 to $3,578 per PM Peak Hour Trip C. Replace the Planned Action SEPA rate of $2,827 per trip with the TIF rate D. Adjustmendreduction up to 40 percent for qualified development within City Center due to lower trip generation; E. Collection timing of impact fee at building permits for a(( deve(opments. Under existing process, commercial and muiti-family development must pay traffic mitigation fees prior to the issuance of a building permit and prior to plat recording for subdivision projects. The Stakeholders concurred with most staff recommendations with the exception of collection timing. The Stakeholders recommend shifting the collection timing from Building Permit to the Certificate of Occupancy (C/O) and defer implementation to July 2010. It is assumed that pushing the payment to the Certificates of Occupancy (C/O) would reduce the amount financed by the applicant to complete the project, thereby reducing finance charges; and savings gained by the developer would then be passed on to the end user. The Stakeholders also recommend that the City impose the lower impact fee rate of $2,729 per PM Peak Hour trip as this is the current average pro-rata share mitigation paid by the developer. Based on the recommended rate of $2,729 per PM trip, a rate schedule was developed and attached as E�chibit "B" along with a rate study "Transportation Impact Fee Program" prepared by Fehr Peers/Mirai dated February 2009, attached as E�ibit "C". The fol(owing are examples of typica( developments and their potential traffic mitigation under the TIF program. Traffic im act Fee Example Land Use Single Family Multi-Famiiy (Townhouse General Office Restaurant (Citv Center) Size 1 Unit 10 Units 10,000 sf GFA 4,000 sf GFA Impact Fee Rate $3, i 12 Unit $2,019 Unit $4.72 sf $9.42 sf Totat Traffic Mitigation $3,112 $20,019 $47,200 $37,680 The TIF's consultant (Fehr and Peers) strongly suggests for the City to implement payment of impact fee at Building Permit as this time frame is used in every impact fee program they developed. Oniy two jurisdictions (Kitsap and Pierce Counties) within Washington have imp(emented payment of impact fees after bui(ding permit issuance. Since then, these jurisdictions have changed their collection timing due to defauit of impact fee payments. Pierce County repealed their ordinance due to a 27 percent delinquency rate and Kitsap County changed their coilection point to final inspection instead of Certificate of Occupancy due to high delinquency rates. The Kitsap County Prosecuting Attorneys Office is cunently exploring ways of cotlecting unpaid impact fees. K:�L,UTC�2009\fl9-14-09 LUTC Memo V2090609.doc LUTC Memorandum RE: Traffic Impact Fee (TIF) Program September 14, 2009 Page 4 of 4 The following is list of potential pros and cons for each of collection timing method: Buitding Permits Issuance Pros: i. Consistent with current practice for school impact fee. 2. Consistent with other cities that have an impact fee program (there would not be a surprise for developers). 3_ Minimal staff time to administer with high co(lection rate without institutional enforcement as current system is in place for this method. 4. Predictability as impact fee would be assessed and payable at the same time. Cons: 1. May add financing cost far development due to financing charges. Certificate of Occupancy (C/O) Pros: 1. 2. Cons: l. 2. 3. 4. May lower ftnancing cost for development. Timing of payment of fee coincides with timing of actual impacts. Staff may be pressured to grant Certificate of Occupancy to projects that are comp(eted with the exce}ition of fee payment. Projects often change hands during the construction process and the end user may not be informed that fees are tied to Certificate of Occupancy as was the case in Pierce County_ Unpredictability. Most developer would like to tie down cost at the start of the project and collection at C/O does not accomplish this desire with lengthy project and yearly TIF update. Impact fee may be higher at time of collection than at building permit issuance. Increase staff time devoted to tracking deferred fees and delinquent collection activity. High delinquency rate as demonstrated in Pierce and Kitsap County. On July l, 2009, the Planning Commission conducted a public hearing regarding the proposed impact fee code FWRC Chapter 19.91 and an amendment to the existing concurrency code to replace pro-rata mitigation with the TIF. No pub(ic comment was received and the Planning Commission unanimously recommended approval as drafted by staff without any changes. Planning Commission staff report and minutes are attached as Exhibit "D". Attachment: Exhibit A— Transportation Impact Fee Rates for Cities in Snohomish, Pierce and King Counry Exhibit B— Federal Way Impact Fee Components and Schedule Exhibit C- Transportation Impact Fee Program prepared by Fehr Peers/Mirai dated February 2009 Exhibit D- Planning Commission Staff Report and minutes Chapter 19.91 Transportation Impact Fees Chapter 19.90 Transportation Concurrency cc: Project File Day File K:\LUTC�2009\09-14-09 LUTC Memo V2090609.doc Exhibit "A" Transportation Impact Fee Rates for Cities in Snohomish, Pierce, and King County Cost per PM County City 2008 Population Peak Hour Trip Collection Timing King Auburn 60,400 $2,663 Building Permit King Bellevue 119,200 $526 Building Permit King Bothell 17,130 $2,999 Building Permit King Burien 31,540 $948 Building Permit King Covington (Average) 17,360 $3,053 Building Permit King Des Moines 29,180 $2,615 Building Permit King Enumclaw i1,470 $2,643 Building Permit King Issaquah 26,320 $4,839 Building Permit King Kenmore 20,220 $7,287 Building Permit King Kirkland 48,410 $3,787 Building Permit King Maple Valley 20,480 $6,272 Building Permit King Milton 825 $2,026 Building Permit King Newcastle 9,720 $3,376 Building Permit King Redmond 51,320 $8,462 Building Permit King Renton 78,780 $750 Building Permit King Sammamish 40,550 $14,707 Building Permit and Final Plat approval King Sea Tac 25,720 $1,020 Building Permit King Tukwila 18,080 $1,244 Building Permit King Woodinville 10,560 $1,792 Building Permit Pierce Auburn 6,605 $2,663 Building Permit Pierce Bonney Lake 16,220 $4,003 Building Permit Pierce Buckley 4,560 $4,340 Building Permit Pierce Edgewood 9,595 $4,615 Building Permit Pierce Fife 7,525 $5,830 Building Permit Pierce Gig Harbor 6,910 $2,124 Buiiding Permit Pierce Milton 5,710 $2,026 Building Permit. Pierce Puyallup 36,930 $4,502 Building Permit Pierce Sumner 9,060 $1,415 Building Permit Pierte University Place 31,440 $3,989 Building Permit Snohomish Ariington 17,050 $3,355 Pending Snohomish Edmonds 40,760 $841 Building Permit Snohomish Snohomish Snohomish Snohomish Snohomish Snohomish Snohomish Snohomish Snohomish Snohomish Snohomish Everett Gold Bar Granite Falls Marysville Mill Creek Monroe Mountlake Terrace Mukilteo Snohomish Stanwood 102,300 2,210 3,Z90 37,060 17, 770 16,550 20;930 20,050 9,020 5,445 4, 550 $909 $65 $2,250 $5,973 $2,939 $1,759 $357 $1,875 $1,436 $2,316 $5.272 Building Permit and Final Ptat approval Pending Pending Building Permit and Recording Final Plat Building Permit and Final Plat approval Building Permit. Building Permit Building Permit Pending Building Permit and Final Plat approval Buildina Permit r�, GFA Grt+ss Fleor Area GIl1 G�vs+ Leasabk Arca CG Cm Centrr For �ses rith Unit d Me m sf, trip rare u given az trips per tA00 sF VFP Yeh4k Fue�ing Positiau �Manmum aumber ef vehi.les lhat on be fueled simukaneously) Exhibit "8" Federal Way Impact Fee Components and Schedule �cl�i hi f ��C•, City of Federa! Way TRANSPORTATION IMPACT FEE PROGRI�IVI �f_(�C� �C Prepared by: 11410 NE T 22nd Way Suite 32� Kirkland, WA 98034 February 2009 TRANSPORTATION IMPACT FEE REPORT CHAPTER 1. INTRODUCTION FtHt� P�ttz, This report summarizes the policy and technical deveiopment of the Transportation Impact Fee program for the City of Federal Way, Washington. DEFINITION OF IMPACT FEES Im�act fees are a broad category of charges on new development assessed to pay for capital unprovements (e.g., parks, schools, roads, etc.) necessitated by new development Cities collect transportation impact fees to fund improvements that add capacity to the transportation system accommodating the travel demand added by new development. The City developed the program based on the following findings: Development activity in the City, including residential, commercial, retail, office, and industrial development, will create additional demand and need for public road facilities; Federal Way is authorized under the state's Growth Management Act {Chapter 82.02.050 RCV� to require new growth and development within the City to pay a proportionate share of the cost of new road facilities serving that new growth and development through the imposition of impact fees; Impact fees (Chapter 92.02) may be collected and spent for public road facilities needed for system improvements that are included within the capital facilities plan in the City's comprehensive plan. LEGAL BASIS The primary enabling mechanism for imposing impact fees in Washington State is the Grow#h Management Act (GMA). Prior to the passage of the GMA, local agencies primarily relied on the State Environmental Policy Act (SEPA) process to require developers to fund mitigation projects necessitated by new development. The GMA, passed in 1990, modified the portion of RCW 82.05.050 regarding impact #ees and specifically authorized the use of impact fees for areas planning under the Growth Management Act. The GMA allows impact fees for system improvements that reasonably relate to the impacts of new development, and specifies that fees are not to exceed a proportivnate share of the costs of improvements. For a city to impose GMA impact fees, the following specific provisions are required: The city must have an ordinance authorizing impact fees; Fees may apply only to improvements identified in a Capital Facilities Plan; The agency must establish one or more service areas for fees; City of Federal Way February 2009 Transportation impaci Fee Rate Study Page 7 TRANSPORTATION IMPACT FEE REPORT Ftr+� ['��xs A formula or other method Eor calculating impact fees must be established; The fees cannot be used to finance the portion of improvements needed to pay for existing capacity deficiencies. (Note: the fees can be used to recoup the cost of improvements already made to address the needs of future development); The fees may not be arbitrary or duplicative; The fees must be earmarked specifically and be retained in special interest-bearing accounts; Figure 1. Traffic Impact Fee Fees may be paid under protest; and, program Development Fees not expended within six years must be refunded Steps with interest. An accounting system is important to ensure that the impact fees collected are assigned to the appropriate improvement projects and the developer is not charged twice for the same improvement. GUIDING PRINCIPLES A set of guiding principles provided consistent direction for development of the transportation impact fee program. The program should: Be legally and technically defensible (provide a nexus to impact); Be financially constrained; Be fair, consistent and predictable in its development and application; Have reasonable rates based on improvements necessary to accommodate new growth and development under the Comprehensive Plan; Be simple to administer and not preclude other requirements of SEPA such as safety issues, access improvements, etc.; and, Address multi-jurisdictionai issues as much as practicable. [3EVEI.OP I�PfiOVEMEAIT Lt5t AND CoSTS :i �ev� th Poriion RLLQCATE CO575 70 GROW'f'H WtTHl1�t tITY 1DEhTIFY RYAlUl6LE FUMDiNG iMPACT FEE COSTS IMPACT FEE SCNEaULE These guiding principles were used to test alternative ideas and select an appropriate method of calculating impact fees for the City_ City of Federal Way February 2009 Transportation Impact Fee Rate Study Page 2 TRANSPORTATION IMPACT FEE REPORT IMPACT FEE STRUCTURE FEH� ('eeFZ, tVt i r a i'' The key steps involved in the impact fee process are shown in Figure 1. Steps inc(ude developing a list of road improvements and costs, allocating growth-related costs within the City, and identifying availabie funding. The remaining costs can be charged as impact fees, which are displayed in the form of a fee schedule. Each step is described in more detail in subsequent sections of this report. ORGANIZATION OF REPORT This report includes the following sections: Introduction Impact Fee Project List Cost Allocation Impact Fee Schedule DATA ROUNDING The data in this study were prepared using computer spreadsheet sof#ware. In some tables in this study, there will be very small variations from the results that would be obtained using a calculator to compute the same data. The reason for these insignificant differences is that the spreadsheet software calculated the results to more places after the decimal than is reported in the tables in the report. City of Federai Way February 2009 Transportaiion Impact Fee Rate Study Page 3 TRANSPORTATION IMPACT FEE REPORT CHAPTER 2. IMPACT FEE PROJECT LlST FtH� ['Etx� Washington State law RCW 82.02.050 specifies that Transportation Impact Fees are to be spent on "system improvements." System improvements can include physical or operational changes to existing roadways, as well as new roadway connections that are built in one location to benefit projected needs at another location. These are generally projects that add capacity (new streets, additional lanes, widening, signalization, et al). The impact fee structure for the City of Federal Way was designed to determine the fair share of road improvement costs that may be charged to new developments. During the transportation planning process, the City identified projects needed by 2030 to meet the transportation needs of the adopted land use in the Comprehensive Plan. T'he task was accomplished by examining existing roadway deficiencies and forecasting future needs. The City of Federal Way used a cost model to estimate the costs for these capaci#y improvements. These capital projects form the basis #or the impact #ees project list, which includes pubiic and private sources. The impact fee project list was composed of selected capacity projects from the City's 2009- 2014 Transportation Improvement Plan (TIP), which covers a six-year period and the City's 2a09-2020 Capital Improvement Program (CIP). The project list, shown in Table 1 and iilustrated in Figure 2 includes 35 projects. City of Federal Way Febrvary 2009 TranspoRation Impact Fee Rate Study Page 4 TRANSPORTATION IMPACT FEE REPORT Table 1. List of Transportation Capacity Projects FtriK ['�tk, Prc�ect; �.€�c�ic�ri Project Description Tfltal Grsst �t� -�"�P 1 Q City Center Access Phase 3 Add 2nd SB left-turn lane, 3rd SB right- $2,g50,000 turn lane to I-5 SB off-ramp to S 320th St 2 D City Center Access Phase 4 Widen S 320th St bridge over I-5, realign 20,621,000 loop ramp and NB off-ramp Add 2nd left-turn lanes, WB, NB, SB 3 B S 320th St 1st Ave S nght-turn lanes, widen 1st Ave S to 5 12,600,000 lanes to S 316th St 4 C S 320th St: 8th Ave S— SR 99 Add HOV lanes, install raised median 15,523,000 5 H S 348#h St 1st Ave S Add SB, WB righ#-turn lanes, 2nd EB, 5,400,000 WB !eft-tum lanes 6 G p�th Ave SW SW Campus Add SB right-turn lane 1,308,000 G SW 344th St: 12th Ave SW Extend 3 lane principal collector with 7,115,000 21 st Ave SW bike lanes, sidewalks 8 C S 320th St 20th Ave S Add 2nd left-turn lanes EB, WB 5,760,000 9 G 21st Ave SW SW 336th St Add 2nd left-turn lanes all approaches, 12,348,000 WB right-turn lane 10 C SR 99 S 312th St Add 2nd left-turn lane NB 8,568,000 SW 312th St: 14th Ave SW Widen to 3 lanes with bike lanes, B SR 509 sidewalks, new signal at 14th Ave SW 4,366,000 12 H S 356th St: SR 99 SR 161 Widen to 5 lanes, bike lanes, sidewalks 8,712,000 13 A S 304th St 28th Ave S Add NB right-turn lane, signal 2,148,000 14 H S 352nd St: SR 99 SR 161 Extend 3 lane principal coHector and 5,200,000 signal at SR-99 15 B SW 320th St 21st Ave SW Add 2nd WB left-tum lane, Interconnect 4,320,000 to 26th Ave SW 16 C S 320th St: 1 st Ave S- 8th Add HOV lanes, install raised median 9 5,523,000 Ave S 17 A Military Rd S: S Star Lake Rd Widen to 5 ianes, sidewalks, street lights 13,068,000 S 288th St 18 F SW 320th St 47th Ave SW Install traffic signal 360,000 19 A S 312th Sf 28th Ave S Add SB right-turn lane 540,000 20 F SW 336th Wy SW 340th St: Widen to 5 lanes, add signal at 26th PI 15,312,000 26th Pl SW Hoyt Rd SW 21 E S 336th St: 18th Ave S— Wden to 3 lanes 1,200,000 Weyerhaeuser Way S SR 99: S 340th St S 356th Construct HOV lanes, add WB right-tum 22 H St: lane, 2nd SB left-turn lane 348th 33,264,000 23 C S 312tM St: 23rd Ave S— 28th Widen to 5 lanes 5,544,000 Ave S 24 H S 348th St: 1 st Ave S— 9th Add HOV lanes 15,523,000 Ave S 25 C S 324th St: SR 99 23rd Ave Widen to 5lanes, add 3rd WB left-turn 7,gq0,000 S lane SR 99 26 H 1st Ave S: S 366th St SR 99 Extend 2-lane road 5,610,000 27 C i 4th Ave S: S 312th St S Ring Road extension 4,066,000 316th St City of Federal Way February 2009 Transportation Impact Fee Rate Study Page 5 TRANSPORTATION JMPACT FEE REPORT Table 1. List of Transportation Capacity Projects (Continued) FLHR St PEERS a� #'rc�+e�����r t �p#t� ��al��st e ...r 28 C S 316ih St: SR 99 11 th PI S Ring Road extension 6,160,000 29 p S 312th St: 28th Ave S- Extend 5-iane arterial, interchange I-5 23,894,000 Military Rd 30 H SR 18 SR 161 Add 3rd SB thru iane, 3rd SB left-tum g,072,000 lane, Znd NB right-tum lane 31 A S 304th St SR 99 Add left-tum lanes on 304th 1,080,000 32 E SR 99 S 336th St Add 2nd EB and SB left lane, widen 6,300,000 336th to 5 lanes to 20th 33 A Military Rd S: S 288th St I-5 Widen to 5lanes 17,424,000 34 C SW 330th St 1st Ave S Signai modifications, extend NB left-tum 377,000 lane 35 C S 312th St: 1st Ave S to 14th Widen to 5 lanes 21,344,000 Ave S Tota1 Project Costs a320,340,000 City of Federal Way February 2009 Transportation Impact Fee Rate Study Page 6 F z� F f 'J p...+4 �i °td 1' y ,r y f'� 1 4 t-- V ,l,: Sw 312th St i Q ti 304th St s s zaxcn sc i t f i 7 i� �:3 et �A�� N N 1 f N 5 i Sw 3_Uth SC r �s;� N ti x a a sw 3:3i)th St� Narthshwre �kwy N f s�( 5 336th St Q 3�4pth�5t a�� v, v p z 4 Sw 344th St 3 l t y �,a.;r:�.u..asv�r:�: a� L 5 348th St t V C N y.r a \v♦. "r�+%`�A Y sw ssFid, x F f N ;II,' a i r� y.. S 4 l ti L.. i r n wr S3(Oth St a' L' N q 16 I ti:�.. ti f` 1 �..f-r.0 e Inset B y 5 312th St 7 �'t. �a.�tm�;oa L S�d16th SI m S 31Uth Si >�..�,�,�,y. LEGEND Intersection Project Street Project j City of Federat Way City Limits Park Open Space N NOT TO SCALE FEHR PEERS RTATION IMPACT FEE PROJECTS FIGURE 2 r ��'YSC'� �1 „m.. r I+ S 320ih.St— _�y T... x a i' a I i TRANSPORTATION IMPACT FEE REPORT CHAPTER 3. COST ALLOCATION {'EHR bt I'EERS The Ci#y used an impact fee methodology that distinguishes between facility improvements that address existing deficiencies and those that are needed to serve new growth. For growth-related projects, this method assumes that traffic generated by future development is the reason for the improvement project{s)_ Figure 3 diagrams the process. Figure 3. Impact Fee Cost Ailocation Concept L�st of Prt�eets Capacity Pr�j�cts Pc�rtir�n U�e t� Ne�,v Grc�vth �afety Ped;` Bike �rlaintenance? C�#her F�ortion f3ue to Existir�� Defieiency r��,-c�t� ���h Cc�st /�11�e.�t� tc� trr3pact Fees Cc��t P�id by Ci�jr c�r Others TRANSPORTATION DEFICIENCIES RCW 82.02.050(4) (a) requires that the Capital Facilities Element of a jurisdiction's comprehensive plan identify "deficiencies in public facilities serving existing development"_ Under the GMA, future development cannot be held responsible for the portion of added roadway capacity needed to serve existing development. To adequately assess both the extent of the existing roadway deficiencies and the magnitude of the future needs on arterial roadways, the City developed a standard evaluation criterion. A criterion selected to be uniform, consistent, and easily applied to the available roadway traffic volume data. The criterion selected is defined by the Highway Capacity Manual (HCM) average volume/capacity (v/c) ratio for intersections along a roadway section. The v/c ratio was calculated using the Synchro software. For roadway segments that contain multiple intersections, an average v/c was calcuiated. The average was weighted according to the City of Federal Way February 2009 Transportation Impact Fee Rate Study Page 8 TRANSPORTATION IMPACT FEE REPORT FEHR Sc E'EEE�S total traffic volumes passing through each intersection with a v/c ratio greater than 1.0 considered to be over capacity or deficient. The standards used to apply the v/c ratio are documented in the adopted Transportation Element of the City's Comprehensive Plan. Using this methodology e, roadway segments in two project were found to have existing deficiencies with v/c ratios of 1.01 and 1.05. Table 2 summarizes the analysis findings. Next the City needed to determine the "existing deficiency portion" (as opposed to the portion that would be attributable to new growth). Under the GMA, the City is responsible for financing the existing deficiency portion, but the City can charge new development for the remainder of the roadway improvement. The Ci#y can select from several approaches to proportionately allocate the cost. The Federal Way Impact Fee Program uses a method based on the amount of excess "existing and future new traffic" that exceeds the current capacity of the roadway facility. The Eormula for determining the existing deficiency percentage of a road follows. Existing Deficiency Percentage =(Existing v/c -1.0) =(Euisting v/c Improved v/c) As an example, consider the existing deficiency percentage for project 5(selected from Table 2) that would be ca(culated as follows. Existing Deficiency Percentage: (1.05-1.0)=(1.05-0.78)=0.05=0.27=18.5percent Using this formula,18.5 percent of the roadway improvement capacity is attributed to existing traffic. This formula was also applied to the other deficient segment and the resulting percent deficient is shown in Table 2. Refer to Figure 2 City ot Federal Way February 2009 T�ansportation Impact Fee Rate Study Page 9 Table 2. Transportation De�ciency Calculation TRANSPORTATION IMPACT FEE REPORT TRAVEL GROWTH EeHk PEEr:� To match the 2008 -2030 Capital Investment Program, the City used a 23-year Iand use growth estimate. Table 3 shows Federal Way land use forecasts in terms o# housing (single family and multi family) and employment (retail, office and industrial) units for the years 2008 ta 2030. The (and use forecasts are listed for the City Center, non-City Center area (rest of the City) and the citywide total_ The housing and employment growth estimates were converted to PM peak hour vehicle trip ends' using trip generation rates from the Institute of Transportation Engineers (TTE) Trip Generation (Sth Edition, 2008). These growth estimates result in an increase of 13,974 PM peak hour vehicle trip ends within the City during the 23-year period. Of the total trip ends, 4,481 trips ends are within the City Center and 9,493 are within the rest of the City. This growth in vehicle trip ends was used to calculate the impact fee rates. Table 3. Federal Way Land Use Growth 1 A vehicle trip travels between an origin and a destination. Each vehicte trip has two trip ends, one each at the origin and des6nation. Trip ends represent the traffic coming to and from a given land use. The trip entls were calculated with trip generation formulas used by the Institute of Transportation Engineers. City of Federa! Way February 2009 Tra�sportation Impact Fee Rate Study Page 10 Source: City of Federa! Way, 2008 TRANSPORTATION IMPACT FEE REPORT COST ALLOCATION RESULTS E'EHR �t PEERS The cost allocation process distributes the growth costs for each project based upon the travel palterns between the different geographic areas within and outside the City limits. A "select link" assignment procedure provided the origin and destination information for each vehicle trip traveling through a particular improvement project group. The grouping of projects for the seIect link assignments is shown in the first column of Table 1. Trips that pass through FederaI Way, but do not have any origins or destinations internal to Federal Way, were not allocated to Federal Way growth. That is, development in Federal Way would not be charged for impacts by growth in trips passing "through" the City. Figure 4 summarizes the cost allocation results. For discussion purposes, the dollar amounts shown in this figure and the foliowing text descriptions are approximate values expressed in million dollars. The actual amounts used in the calcuiations are accurate to a single dollar_ The total cost of the capacity projects on the capacity project list is $320_3 million. The City has committed developer funds equaling $1.3 million which leaves a need for $319.0 millioM. The remaining $319.0 was divided into growth costs and existing deficiencies, with the growth costs representing $317.4 million, or 99 percent of the total costs. The growth costs were further divided into "city growth" and "ou#side city growth" components using the City's traffic model data. The details of this calculation are shown in Appendix A. City of Federai Way February 2009 Transportation Impaet Fee ftate Study Page 11 TRANSPORTATION IMPACT FEE REPORT Figure 4. Impact Fee Cost Ailocation Results �'EHK �t r'EERS Tc�tal Gc�st �320.3 J�9 Appropriated S�F�� Fur+ds i 3 1V1 Ft�nds Neetl�d �31 �.{1 14'� Growti� Gasts $.�17.4 f4�t {9�?!�} Gity Grov,r3� �13�.9 M (43°�} �let�r Impa�t Fe� Gosis �13�.� M New PI� Pe�k Hflur �rip Ends 13,974 �DStr#TFl�3 Et�tf `,�9,$OE} C3iher Fur�cis hleeded 9 82. iVi �xisting Defcier�cies $1_6!V! (1°.FO} C}u#si�ie Gity �rorv#h �1�$U.4 #�9 �57�a} City of Federa! Way February 2009 Transportation Impact Fee Rate Siudy Page 12 TRANSPORTATION iMPACT FEE REPORT FEHR Sc I'EEE:� Figure 5 shows that the new impact fees could contribute $136_9 million (43 percent) of the total $320.3 million cost of the improvement projects. New grant funds ($116.3 million) would cover approximately 36 percent of the total cost, while growth related SEPA funds and expected SEPA funds from other jurisdictions would each contribute less than one percent of the total project costs. Figure 5. impact Fee Program Funding Sources City of Federal Way Cost Allocation of Transportation ImprovemeM Projects (2008 2030) Totat Project Costs $320,340,000 Growth Related Commiited E�ected SEPA Fu from Other Jurisdicti $835,000 :�ected Grant Funds, $116,335,200 E�ected Impact Fee Funds, $136,945,397 �ny runus nv�il �I�Ity 8nd Real Estate E�ise Ta�aes, $44,597,000 The final step in the cost allocation process dealt with calculating the "cost per new trip end" with.in Federal Way, which was derived by dividing the total eligible project cost by the total number of new PM peak hour trip ends based in Federal Way. The City is likely to gain an additiona113,974 new PM peak hour vehicle trip ends within the City between 2008 and 2030. The $9,800 per trip end represents the maximum allowable rate to meet the GMA requirements. The analysis produced the following results. Impact fee costs Divided by: New PM peak hour trip ends Equals: Cost per new trip end $136,945,397 13,974 9,800 City of Federal Way �ebruary 2009 Transportation impact Fee Rate Study Page 13 Other City Funds, TRANSPORTATION IMPACT FEE REPORT CNAPTER 4- tMPACT FEE SCHEDULE f EHR Sc PEERS The impact fee schedule was deve(oped by adjusting the "cost per trip end" information to reflect differences in trip-making characteristics for a variety of land use types within the study area. The rates in the fee schedule represent dollars per unit for each land use category_ Table 4 shows the various components of the fee schedule �trip generation rates, new trip percentages, trip lengths, and trip length adjustment for each land use). TRIP GENERATION COMPONENTS Trip generation rates for each land use type are derived from the Institute of Transportation Engineers (ITE) Trip Generation (8th Edition). The rates are expressed as vehicle #rips entering and leaving a property during the PM peak hour. Pass-by Trip Adjustment Trip generation rates represent the total traffic entering and leaving a property at the driveway points. For certain land uses (e.g., retail), a substantial amount of this traffic is already passing by the property and merely turns into and out of the driveway. These pass- by trips do not significantiy impact the surrounding street system and therefore are subtracted out prior to calculaking the impact fee. The resulfing trips are considered "new" to the street system and are therefore subject to the impact fee calculation. The "new" trip percentages are derived partialty from ITE data and from available surveys conducted around the couniry. Trip �ength Adjustment Another variable that affects traffic impacts is the length of the trip generated by a particular land use_ The "cost per trip" calculated in the impact fee program represents an average for all new trips generated within Federal Way. Being an average, there will be certain land uses that generate trips of different lengths. If a given trip leng#h is shorter than the average, then its relative traffic impacts on the street system will be lower than average. Conversely, longer trips will impact a larger proportion of the transportation network. To account for these differences, an adjustment factor is used, calculated as the ratio between the trip length for a particular land use type and the "average" trip length for the city. The average trip length estimated for Federal Way was 3.1 miles, based upon the 2030 mix of land use types within the study area and the geographic size of the city. 2 Trip Generation Sources: ITE Trip Generation (8th Edition); ITE Trip Generation Handbook,(March 2001); Pinellas County (FI) Impact Fee Study (1991), Osceola County (FIj, Alternative Traffic Generation Rate Study (2004), Polk County (FI) Transportation Impact Fee Study (2005). City of Federal Way Febnrary 2009 Transportation Impact Fee Rate Study Page 14 TRANSPORTATION 1MPACT FEE REPORT Table 4. lmpact Fee Schedule Components E'ENR Sz 1'EtR� M t� i�d �Jni� af Bas�c Trig New Newr A�. tfip. Trqs L�tte La�d 11s� Rate Tri�s �'ri}� Lett��ft a4d�sir�reot flse �cfe �ll�e�t�re Tr�,��lnrt °�b f�at� Eir�ites� Fae�or Residential Single Family (Oetached) 210 dwelling 1.01 100% 1.01 3.5 1.13 Multi-Family 22� 2�' dwelling 0.62 100% 0.62 3.7 1:19 230, 233 Senior Housing 251 dweliing 0.31 100% 0.31 2.8 0.90 Mobile Home in Mh1 Park 240 dweiling 0.59 100% 0.59 2.8 0.90 Commercial Services Drive-in Bank 912 sf/GFA 25.82 60% 15.49 1.5 0.48 Hotel 310 room 0.59 100% 0.59 4.0 129 Motel 320 room 0.47 100°/a 0.47 4.0 1.29 Day Care Center 565 sflGFA 12.46 75°/a 9.35 2.0 0.65 Library 590 sf/GFA 7.30 75% 5.48 1J 0.55 Post Office 732 sf/GFA 11.12 75°l0 8.34 1.7 0.55 Service Station 944 VFP 13.87 40% 5.55 1.7 0.55 Service Station with Minima�t 945 sf/GFA 97.08 30% 29.12 1.7 0.55 Auto Care Center 942 sf/GLA 3.38 70% 2.37 2.2 0.71 Movie Theater 444, 445 seat 0.07 85% 0.06 2.3 0.74 Health Club 492, 493 sf/GFA 3.53 75% 2.65 3.1 1.00 Commercial Institutiona! Elementary School 520 sf/GFA 1.21 80% 0.97 1.7 0.55 Middle/Jr High School 522 sf/GFA 1.19 80% 0.95 2.7 0.87 High School 530 sf/GFA 0.97 80 0.78 3.7 1.19 Assisted Living, Nursing Home 254, 620 bed 0.22 100% 0.22 2.8 0.90 Church 560 sf/GFA 0.55 100% 0.55 3.7 1.19 Hospital 610 sf/GFA 1.14 80% 0.91 4.0 1.29 Commercial Restaurant Restaurant 931 sf/G�A 7.49 80°/a 5.99 3.4 1.10 High Tumover Restaurant 932 sf/GFA 11.15 80% 8.92 2.3 0_74 Fast Food Restaurant 934 sf/GFA 33.84 50°1a 16.92 2.0 0.65 Espresso wldrive thru 938 sf/GFA 75.00 20% 15.00 2.0 0.65 Commercial Retail Shopping Shopping Center 820 sf/GLA 3.87 70% 2.71 2.1 0.68 Supermarket 850 sf/GFA 10.50 75% 7.88 2.1 0.68 Convenience Markei 851 sf/GFA 52.41 45% 23.58 1.3 0.42 813, 815, Free Standing Discount Store 857, 863, sf/GFA 4.67 70°/a 3.27 2.1 0.68 864 Nardware/Paint Store 816 sf/GFA 4.84 40% 1.94 1.7 0.55 Speaalty Retail Center 814 sf/GFA 2.71 50°/a 1.36 1.7 0.55 Fumiture Store 890 sf/GFA 0.45 60% 0.27 17 0.55 Home Improvement Superstore 862 sf/GFA 2.37 70% 1.66 2.1 0.68 Pharmacy (with Drive Through) 881 sf/GFA 10.35 50% 5.18 1.7 0.55 Car Sales -New/ Used 841 sf/GFA 2.59 80% 2.07 4.0 1.29 City of Federal Way February 2009 Transpo�tation Impact Fee Ra#e Study Page 15 TRANSPORTATION IMPACT FEE REPORT E'EHR St I'EERS Notes: GFA Gross Floor Area GLA Gross Leasable Area For uses with Uni# of Measure in SF, trip rate is given as trips per 1000 SF VFP Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) City of Federal Way February 2009 Transportation Impad Fee Rate Study Page 16 Table 4. impact Fee Schedule Components (Continued) TRANSPORTATION IMPACT FEE REPORT SCHEDULE OF RATES f EHR S� 1'EF.F� The impact fee schedule of maximum allowable rates is shown in Table 5. In the fee schedule, fees are shown as dollars per unit of development for various (and use categories, as defined in Appendix B. The impact fee program is flexible, in that, if a use does not fit into one of the categories, an impact fee can be calculated based on the development's projected trip generation. Two Zone Approach A iwo zone approach will start with citywide cost per irip and apply lower trip generation rates in City Center for certain land uses anticipated in the Planned Action SEPA. The City Center is anticipated to have lower trip generation rates due to the higher density of buildings, mix of land uses and the availability of transit. This results in lower impact fee rates in City Center as shown in Table X. Table X Reduced Trip Generation Rates in City Center Insert Tab1e City of Federal Way February 2009 Transportation lmpact Fee Rate Study Page 17 TRANSPORTATION IMPACT FEE REPORT Table 5. Impact Fee Schedule (Maximum Allowable Rates) a L�11�t k3s�'� dT��l�fi ti�e t�11t lGteaSU�'E 3 ��fie Residential Single Family (Detached) 210 dwelling $11,175 Multi-Family 220 233 230 dwelling $7,252 Senior Housing 251 dwelling $2,744 Mobile Home in MH Paric 240 dwelling $5,222 Commercial Services Drive-in Bank 912 sf/GFA $73.46 Hotel 310 room $7,461 Mote1 320 room $5,943 Day Care Center 565 sf/GFA $59.09 Library 590 sf/GFA $29.42 Post Office 732 sf/GFA $44.82 Service Station 944 VFP $29,816 Service Station with MinimaR 945 sfi/GFA $157 Auto Care Center 942 sf/GLA $96.46 Movie Theater 444, 445 seat $433 Health Ciub 492, 493 sf/GFA $25.95 Commercia! Institutional Elementary School 520 sf/GFA $5.20 MiddleJJr High School 522 sfJGFA $8.13 Nigh School 530 sf/GFA $9.08 Assisted living, Nursing Home 254, 620 bed $1,947 ChurcM 560 sflGFA $6.43 Hospital 610 sf/GFA $11.53 Commereia/ Restaurant Resfaurant 939 sf/GFA $64.41 High Turnover Restaurant 932 sf/GFA $64.86 Fast Food Restaurant 934 sf/GFA $107 Espresso w/drive thru 938 sf/GFA $94.84 Commer+cial Retai/ Shopping Shopping Center 820 sf/GLA $17.99 Supermarket 850 sf/GFA $52.28 Convenience Market 851 sf/GFA $96.93 Free Standing Discount Store 8 3 815, 857, sf/GFA $2i.70 863, 864 Hardware/Paint Store 816 sf/GFA $10_A1 Speaalty Retail Center 814 sf/GFA $728 Furniture Store 890 sflGFA $1.45 Home Improvement Superstore 862 sf/GFA $11.01 Pharmacy (wifh Drive Through) 881 sfi/GFA $27.81 Car Sates -New/ Used 841 sf/GFA $26.20 City of Federal Way Transportation Impact Fee Rate Study FeHk t'���s February 2009 Page 18 TRANSPORTATION IMPACT FEE REPORT I�Jotes: GFA Gross Floor Area GLA Gross Leasable Area For uses with Unit of Measure in SF, trip rate is given as trips per 1000 SE VFP Vehscle Fueling Posirions {Maximum number of vehicles that can be fueled simultaneously) City of Federal Way Transportation Impact Fee Rate Study FEHR bc 1'EERS February 2009 Page 19 Table 5. Impact Fee Schedule Continued (Maximum Allowable Rates) TRANSPORTATION IMPACT FEE REPORT Table 6 provides two examples {residential and office) of the calculation. City of Federal Way Transportation Impact Fee Rate Shady Ee+�k PEEr:t February 2009 Page 20 Table 6. Example Calculations of impact Fee Rate (Maximum Ailowable Rates) TRANSPORTATION IMPACT FEE REPORT APPENDIX A COST ALLOCATION RESULTS FEHR S� I'EERS The cost allocation results are summarized in this Appendix. Exhibit A-1 illustrates how the impact fee project costs (shown in Table 1) were divided into growth-related costs attributabte to the City. In order to determine this proportion, #he City's travel demand model was used to identify the portion of trip-making associated with existing and growth- related traffic_ A technique called "select-link" analysis was used to isolate the vehicle trips using each of the impact fee projects. The first column of Exhibit A-1 shows several "project groups", which represent the grouping of impact fee projects used in the select link traffic forecasts. Each project group includes impact fee projecis that are located within close proximity to each other, representing similar traffic patterns. The grouping of projects is shown at the bottom oE Exhibit A-1. Project Group Definitions {used for grouping capacity projects for trave! modeling) A Northeast Federal Way B North Central Federal Way, SR 509 C City Center p I-5 interchanges at S 312th St and S 304th St E S 336th CoRidor F West Federal Way G South Central Federal Way, 21stAvenue SW f Southeast Federal Way Gity of Federal Way Febniary 2009 Transportation Impact Fee Rate Study page 21 Exhibit A-1. Cost Allocation by Project Group TRANSPORTA710N IMPACT FEE REPORT F t H k& p t t h� Exhibit A-2 shows how the growth costs were determined for each impact fee project. The growth costs equal the total project cost subtracted by the existing deficiency amount and growth reiated committed costs. Exhibit A-2. Grow#h Cost Calculations E�ast�ng �r� Prc�ject- Totat Gost Deflcicncy R+ Grawth Cost tt3 ��r's�r�P Amau�f �G°mn?it�d .o��. Costs 1 D City CenterAccess Phase 3 $2,850,000 $164,172 $2,685,828 2 D City CenterAccess Phase 4 20,621,000 20,621,000 3 B S 320th St 1st Ave S 12,600,000 135,331 12,464,669 4 C S 320th St: 8th Ave S— SR 99 15,523,000 259,762 15,263,238 5 H S 348#h St 1st Ave S 5,400,000 1,000,000 170,446 4,229,554 6 G 10th Ave SW SW Campus Dr 1,308,000 1,308,000 G Sw 344th St: 12th Ave SW 21st Ave 7,115,000 253,729 6,861,871 8 C S 320th St 20th Ave S 5,760,000 62,121 5,697,879 9 G 21st Ave SW SW 336th St 12,348,000 12,348,000 10 C SR 99 S 312th St 8,568,000 8,568,000 11 B SW 312th St: 14th Ave SW SR 509 4,366,000 110,244 4,255,756 12 H S 356th St: SR 99 SR 161 8,712,000 24,773 8,687,227 13 A S 304th St 28th Ave S 2,148,000 2,148,000 14 H S 352nd St: SR 99 SFt 161 5,200,000 47,912 5,152,088 15 B SW 320th St 21st Ave SW 4,320,000 5,122 4,314,878 16 C S 320th St: 1 st Ave S- 8th Ave S 15,523,000 59,984 15,463,016 17 A S Rd S: S Star Lake Rd S 288th 3,068,000 13,068,000 18 F SW 320th St 47th Ave SW 360,000 360,000 19 A S 312th St 28th Ave S 540,000 2,216 537,784 20 F SW 336th Wy SW 340th St: 26th Pi �5,312,000 15,312,000 SW Hoyt Rd 21 E S 336th St: 18th Ave S— 1,200,000 36,885 1,163,115 Weyertiaeuser Way S 22 H SR 99: S 340th St S 356#h St: 33,264,000 33,264,000 23 C S 312th St: 23rd Ave S— 28th Ave S 5,544,000 5,544,000 24 H S 348th St: 1st Ave S— 9th Ave S 15,523,000 15,523,000 25 C S 324th St: SR 99 23rd Ave S 7,840,000 7,840,000 26 H 1st Ave S: S 3fi6th St SR 99 5,610,000 5,670,000 27 C 14th Ave S: S 312th St S 316th St 4,066,000 4,066,000 28 C S 316th St: SR 99 11 th PI S 6,160,000 6,160,000 29 D S 312th St: 28th Ave S— Military Rd 23,894,000 23,894,000 30 H SR 18 SR 161 9,072,000 648,000 8,424,000 31 A S 304th St SR 99 1,080,000 1,080,000 32 E SR 99 S 336th St 6,300,000 6,300,000 33 A Military Rd S: S 288th St —1-5 17,424,000 17,424,000 34 C SW 330th St 1st Ave S 377,000 377,000 35 C S 312th St: 1stAve S to 14th Ave S 21,344,000 21,344,000 Tota1 $320,340,000 51,648,000 51,332,097 5317,359,903 City of Federal Way February 2009 Transportation Impad Fee Rate Study Page 22 TRANSPORTATION 1MPACT FEE REPORT APPENDIX B LAND USE DEFINITIONS EENR Sc PEERS The following land use definitions are derived from the ITE Trip Generation (8th Edition). They have been modified as appropriate far the City of Federal Way. Land use codes marked with and asterisk were selected for use in the Impact Fee Schedule. RESIDENTIAL Single Family: One or more detached housing units located on an individual lot. Also includes accessory dwelling units and duplexes. (TTE 210) Multi Family: A building or buildings designed to house three or more families living independently of each other. Includes apartments, condos, attached duplexes and attached townhouses. Includes accessory dwelling units (separate struciure) and single room occupancy, if additional parking provided. {ITE #s 220*, 221, 230, and 233) Senior Housing: Residential units similar to apartments or condominiums restricted to senior citizens. (ITE 251. Uses 50 percent of trip generation values used for ITE #s 220*, 221, 230, and 233) Mobile Home (in Mobile Home Park): Trailers shipped, sited, and installed on permanent foundations within a mobile home park. (ITE 240) COMMERCIAL-SERVlCES Drive-in Bank: A free-standing building, with or without a drive-up window, for the custody or exchange of money, and for facilitating the transmission of funds. (TTE 912) Hotel: A place of lodging providing sleeping accommodations. May include restaurants, cocktail lounges, meeting and banquet rooms or convention facilities. (ITE 310) Motel: A place of lodging providing sleeping accommodations_ Motels generaliy offer free on-site parking, little or no meeting space, and may have exterior corridors. (ITE 320) Day Care Center: A facility for the care of infant and preschool age children during the daytime hours. Generally includes classrooms, offices, eating areas, and a playground. (TTE 565) Library: A public facility for the use, but not sale, of literary, musical, artistic, or reference materials. (TTE 590) Post Office: Houses service windows for mailing packages and letters, post office boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail. (TTE 732) Service Station: A facility used for the sale of gasoline, oil, and lubricants. May include areas for servicing, repairing, and washing vehicles. (TTE 944) Service Station with Minimart: A facility which combines elements of a convenience s#ore and a gas station. Convenience food items are sold along wi#h gasoline and other car products; gas pumps are primarily or completely self-service. (ITE 945) City of Federal Way February 2009 Transportation Impact Fee Rate Study Page 23 TRANSPORTATION IMPACT FEE REPORT EEHR PEER� Automobile Care Center: An automobile care center houses numerous businesses that provide automobile-reiated services, such as repair and servicing, stereo installation and seat cover upholstering. (TTE 942) Movie Theater: Consists of audience seating, one or more screens and auditoriums, and a lobby and refreshment stand. TypicalIy includes matinee showings. (ITE #s 444*, 445) Health Club: Privately owned facilities that primarily focus on individual Eitness or training. They generally offer exercise or dance classes, weightlifting, fitness and gymnastics equipments, spas, massage services, locker rooms and small restaurants or juice/snack bars. These may aiso include ancillary #'acilities, such as swimming pools, whirlpools, saunas and tennis. (ITE #s 492*, 493) COMMERCIAL-INSTITUTIONAL Elementary School: These are facilities of education serving students attending kindergarten through fifth or sixth grade. (TTE 520) Elementary and Junior High School: These are facilities of education serving studen#s who have completed elementary school and have not yet entered high school. (TI'E #s 522) High School: High Schools serve students who have completed middle or junior high school. (TTE 530) Assisted Living, Nursing Home: One or more multi-unit buildings designed for the elderly or those who are unable to live independently due to physical or mental handicap. Facilities may contain dining rooms, medical facilities, and recreational facilities. The primary function of a nuising home is to provide chronic or convalescent care for persons who by reason of illness or infirmity are unable to care for themselves. Applies to rest homes, chronic care, and convalescent centers. (ITE #s 254* and 620) Church: A building providing public worship facilities. Generally houses as assembly hall or sanctuary, meeting rooms, classrooms, and occasionally dining facilities. (ITE 560) Hospital: A building or buildings designed for the medical, surgical diagnosis, treatrnent and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes and clinics are not included_ (ITE #610) COMMERCIAL-RESTAURANT Restaurant: An eating establishment, which sells prepared food or beverages and generally offers accommodations for consuming the food or beverage on the premises. Usually serves breakfast, lunch, and/or dinner; generally does not have a drive-up window. Includes bars/ taverns. (ITE 931) High Turnover Restaurant: A sit-down, full-service eating establishment with a turnover rate of approximately one hour or less. This type of restaurant is usually moderately priced and frequently belongs to a restaurant chain. Generally, these restaurants serve lunch and dinner; they may also be open for breakfast and are sometimes open 24 hours per day. (ITE 932) City of Federal Way February 2009 TranspoRation Impact Fee Rate Study Page 24 TRANSPORTATION IMPACT FEE REPORT FEHR Sc I'EE�:t Fast Food Restaurant: An eating establishment that offers quick food service and a limited menu of items. Food is generally served in disposable wrappings or containers, and may be consumed inside or outside the restaurant building. Restaurants in this category have a drive-up window_ (ITE 934) Espresso Drive Thru: A drive-up kiosk serving coffee and related beverages. No inside seating is provided and facilities are typically 200 square feet or smaller (TTE 938; trip rates using local surveys*) COMMERCIAL-RETAIL Shopping Center: An integra#ed group of commerc'ial establishments that is planned, developed, owned, or managed as a unit. On-site parking facilities are provided, and administrative office areas are usually included. In addition to the integrated unit of shops in one building or enclosed around a mall, include peripheral bui�dings located on the perimeter o# the center adjacent to the streets and major access points. Supermarkets should typically be separated for calculation purposes from the rest of the shopping center. (TTE 820) Supermarket: Retail store (greater than 5,000 gs� that sells a complete assortment of food, food preparation and wrapping materials, and household cleaning and servicing items. (ITE 850) Convenience Marker A use (less than 5,000 gs� that combines retail food sales with fast foods or take-out food service; generally open long hours or 24 hours a day. (TTE 851) Free-Standing Discount Store: A free-standing store or warehouse with off-street parking. Usually offers centralized cashiering and a wide range of inerchandise and/or food products. May include items sold in large quantities or bulk. Often is the only store on a site, but can be found in mutual operation with its own or other supermarkets, garden centers and service stations, or as part of community-sized shopping centers. Fred Meyer stores, Costco, and big box consumer electronic/computer/toy stores are examples of this land use. (ITE #s 813, 815, 857, 863, and 864 average of rates used) Hardware/Paint Store: A small free-standing or attached store with off-street parking. Stores sell hardware, paint, and related materiaLs. Storage areas are not included in the total gross floor area. (ITE 816) Specialty Retail Center: These retail centers are generally small strip shopping centers that contain a variety of retail shops and specialize in quality apparel; hard goods; and services, such as retail estate offices, dance studios, florists and small restaurants. (TTE 814) Furniture Store: Furniture stores specialize in the sale of furniture, and often, carpeting. The stores are generaily large and include storage areas. (TTE 890) Home Improvement Superstore: A free-standing warehouse type facility (25,000 to 150,000 gs� with off-street parking. Generally offers a variety of customer services (home improvements; lumber, tools, paint, lighting, wallpaper, kitchen and bathroom fixtures, lawn equipment, and garden equipment) and centralized cashiering. (TTE 862) City of Federal Way February 2009 TranspoRation Impact Fee Rate Study Page 25 TRANSPORTATION IMPACT FEE REPORT EEHR S� Y£EEtS Pharmacy (with drive-through window): A pharmacy which se1Ls prescriptions and non- prescription drugs, cosmetics, toiletries, medications, stationery, personal care products, timited food products, and general merchandise. The drug stores may contain drive- through windows. (TI'E 881) Car Sales (New and Used): Facilities are generally located as strip development along major arterial streets that already have a preponderance of commercial development. Generally included are auto services and parts sales along with a sometimes�ubstantial used-car operation. Some dealerships also include leasing activities and truck sales and servicing. (TTE 841) COMMERCIAL-OFFICE General Office: An office building houses one or more tenants and is the location where affairs of a business, commercial or industrial organization, professional person or firm are conducted. The building or buildings may be limited to one tenant, either the owner or lessee, or contain a mixture of tenants including professional services, insurance companies, investment brokers, and company headquarters. Services such as a bank or savings and loan, a restaurant or cafeteria, miscellaneous retail facilities, and fitness facilities for building tenants may also be included. (ITE #s 710*, 715, and 750) Medical Office: A facility which provides diagnoses and ou#patient care on a routine basis but which is unable to provide proionged in-house medical/surgical care. A medical office is generaliy operated by either a single private physician. (TTE 720) INDUSTRIAL Light Industry/Manufacturing: A facility where the primary activity is the conversion of raw materials or parts into finished products. Generally also have offices and associated functions. Typical uses are printing plants, material testing laboratories, bio-technology, medical instrumentation or supplies, communications and information technology, and computer hardware and software. (ITE #s 110* and 140) Heavy Industry: These Eacilities usually have a high number of employees per industrial plant and could also be categorized as manufacturing facilities. Heavy industrial uses are limited to the manufacturing of large items. (ITE 120) Industrial Park: Areas containing a number of industrial or related facilities. They are characterized by a mix of manufacturing, service, and warehouse facilities with a wide variation in the proportion of each type of use from one location to another. Industrial parks include research centers facilities or groups of facilities that are devoted nearly exclusively to research and development activities. (ITE 130) Mini-Warehouse: Buildings in which a number of storage units or vaults are rented for the storage of goods. Each unit is physically separated from other units, and access is usualiy provided through an overhead door or other common access point. (ITE 151) Warehousing: Facilities that are primarily devoted to the storage of materials, including vehicles. They may also include office and maintenance areas. (ITE 150) City of Federal Way February 2009 Transportation lmpact Fee Rate Study Page 26 �xh�b��- "D cirY a� ;�,H�r�•- �'E'deral �111a}� STAFF REPORT TO THE PLANNING COMMISSION Public Hearing July 1, 2009 Amendments to Federal Way Revised eode (FWRC) Title 19, Zoning and Development Code Division III. Mitigation and Eees (File No. 09-102146-00-UP) I. BACKGROUND The Federa! Way Comprehensive Pian was adopted in (995 with Policy (TP85) which ca11s for the implementation of a Traf�c Impact Fee (T�) system to better assure consistency with concurrency requirements of the Growth Management Act (GMA). TP 85 Develop a transportcttion impact fee by 2002 to simplify development revie�v. assess mitigation fees consistentty and fairly, i�nprove the City's ability to leverage grant func[ing for transportation funding, and provide adequate infrastructure to accommodate new growlh. The impact fees are mitigation payments authorized under GMA (RCW 82.02A�0). The Traf�c Impact Fee would replace the existing code-based pro-rata fees, and create a more systematic way for applying the fees and fulfitl the Comprehensive Plan Policy TP85. II EXISTING MITIGATION PROGRAM Currently, the City utilizes two methods to cotlect traffic mitigation fees; the concurrency system and the City Center Planned Action. Under the concurrency system which was adopted in June 2006, a(1 development outside the Planned Action SEPA area that generates new trips is required to contribute pro-rata share mitigation to Transportation Improvement Plan (TIP) projects impacted by the development consistent with RCW 82_02.020. The mitigation fees assessed are calcuiated on a case-by-case basis and vary from no mitigation to over $5,900 per trip depending on the tocation of the devetopment and projects on the TIP. Under the concurrency system, the average pro-rata mitigation Eee collected over the last two year is approximateiy $2,729 per PM Peak Hour trip. For development within the City Center Planned Action SEPA area, a set fee of $2,827 per trip has been established_ All development must pay the identified traffic mitigation fees prior to the issuance of a building pertnit for comrr�ercial and muiti-famity projects and prior to plat recording for subdivision projects_ The funds from the traffic mitigation fees are used to support transportation improvement projects listed in the City's Six-Year Transportation tmprovement Plan (TiP)_ III. PROPOSED TRAEE[C [�iPACT FEE PROC>RAhi The proposed amendments would be a new code section, FWRC Title 19 "Zoning and DeveloQment Code," Division "Mitigation and Fees" requiring developers to mitigate traffic impacts generated by new development to the city. As mentioned above, under the cuirent pro-rata share mitigation program, adopted in June 2006, fees for new development have varied from zero to $5,9(� per tnp depending on project location. The proposed TIF would replace the e�cisting pro-rata mitigation fee in the concurrency code, create a more systematic way for applying the fees, and provide preciiciability for the developers. The work involved with deveiopment of a TIF inc(udes the foltowing important factors: 1. Forecast growth on the City's transportation network attnbuted to new traffic growth using the Travel Demand model. 2. Identify tra�sportation improvements, costs and existing deficiencies using adopted leve! of service (LOS) thresholds. 3_ Determine portion of costs attnbuted to future traffic growth in Federal Way. 4_ Identify other revenues needed. S. Established a ma�cimum impact fee rate based on the trips generated by traffic growth and the costs associated with the transportation improvement projects needed to support that growth_ The City Council may refine this fee taking into consideration fees charged by the surrounding cities and the city's ability to fund the transportation improvement projecu. On October 2i, 2�9, staff presented to the Council an overview of the City's current mitigation program and the Qroposed impact fee program. On February l7, 2009, staff returned to a Councit study session to present the result of the study with a maximum allowable impact fee rate of $9,800 per PM Peak Hour Trip and discuss policy direction. The result of the initial study is presented in Table 1 below. Table i. FW TIF Program Total CIP eligibie Project Costs $32fl Million Number of eligibie projects 35 Projects Traffic Growth New Peak Hour Tnp Ends 13.974 Number of Years (Assumed) 23 Years Estimate Fee Revenues -(with Maximum Rate of $9.800) $137 Million Por[ion of Project paid by new development in Federal Way 43% Maximum allowable Cost per PM Peak Hour Trip (Citywide)* $9,800 *The City C:ouncil may rehne th�s tee tatung into consiaerauoe [ees cnargea oy �ne surrounuu�g cu�c� and the city's ability to fund ihe transportation improvement projects. Cauncil provided direction to continue refining the fee rate with consideration of the current mitigation fee collected and impact fees from adjacent jurisdictions. Following the Council study session, staff inet with the development community (Pernut Stakeholders) in early March of 2009 to discuss approaches and the proposed impact fee rate as presented to Councii. The Stakeholders list is attached as Exhibit "A". As a resuit of these processes, staff surveyed surrounding cities in Saohomish, King and Pierce County and produced a eom{�rehensive overview of ail ciry impact fees. Locat Cities Experience with the T�' Coltection Timing and Fee Rate [n South King County and IYorth Pierce County, the City of Auburn, Gty of Puyallup, City of 1'ukwila and City of Mapfe Valley a(( have imposed traffic impact fees on new development. Their traffic impact fee ranges from $1,24�4 per trip up to $6,272_ The chart below depicts the city's current average pro-rata share mitigation fee atong with adjacent cities impact fee. Of the cities surveyed, majority or ali collect impact fee at the building permit stage_ A more detailed comparison of impact fee rates and collection timing is attached as Exhibit "B" Transportation [mpact Fee Rates for Cities in Snohomish, Pierce and King County. $4,000 $3,500 $3,000 $2,SD0 $2.000 $1,500 i ,000 $500 On May b, 2009, staff returned to the devetopmeat community to present the staff recommended impact fee rate between $2,729 to $3,578 per PM Peak Hour Trip and the foilowing key issues: Citywide one zone system Adjustments/reduction up to 40 percent for qualified development within City Center due to lower irip generation Collection of impact fee at building permit for all developments The stakeholders recommended moving the TIF forward with an impact fee rate of $2,729 per PM Peak Hour trip, modifying the collection timing to the CeRificate of Occupancy (C/O) and defer implementation to July 2010. Staff concurred with the recommended fee of $2,729 per PM trip as this is the average pro-rata mitigation fee current collected. Based on the recommended rate of $2,729 per PM trip, a rate schedule was deveioped and attached as Exhibit "C". The fotlowing are exampies of typical developments and their potential traffic mitigation under the T� program. :z Avg. Citywide Avg_ 3 Avg. Cities in Avg. of larger Avg_ of Concurrency Counties KC Cities with Comparable Mitigatio� 25,000+ Pop. Cities Traffic impact Fee Example Land Use Multi-Famii Restaurant Resiaurant Size 1 Unit i0 Units 4,000 sf GLA 4,000 sf GLA IV. SUMMARY OF AMENDMENT The proposed amendments are as follows: PM Peak Trip Generated i.01 Unit 0.62 Unit 0.00449 sE 0.00449 sf Transportation Impact Fee Rate $3 1 l2 Unit $2,O l9 Unit $13_45 sf $9.42 sf Total Project Traffc $3,112 $2,019 $37 Exhibit "D" Chapter 1991 Transportation Impact Fee. This is all new code language and is not underlined_ Exhibit "E" ChaQter t9.90 Transportation Concurrency Management_ The following sections woutd be amended: Section 19.90.0 (0 -"Trip Generation" definition is amended to read as foliows: "Trip Generation" means the number of peak hour trips estimated to be produced by the development activity using [nstitute of �a€ft� Trans� rtation Engineers (ITE). Section 19.90.130 Concurrency administration Purpose and procedure. Section (4) (j) is deleted entirely as it's not longer applicabie witfi the TIF. Section 19.90.140 (2) is amended to read as foilows: (2) DeniaL ff no aQpeal is transmitted to the director pursuant to FWRC 19_90.160 within �-4 30 calendar days after issuance of the determination, the encumbrance shall be released and made available for subsequent applications. Section 19.90.160 is amendecl to read as follows: The concurrency determination of the director may be appeated by the appiicant or owner using the same process as the underiying development pemut application or as provided for in process IV of this title if there is no undertying development permit. The appeal, in the form of a notice of appeal, must be delivered to the department of public works within -1-4 30 caiendar days after issuance of the decision of ihe director_ In those cases where the proposed develoQment activity may require a public hearing, the hearings may be combined_ Section 19_90.060 (2) is amended to read as follows: (2) The following types of development pernuts are typicatty exempt from concurrency management review and the requirecnents of this chapter because they do not create additionai iong-term.impacts on road facilities. However, if any development permit from the list beiow generates any net new trips in the peak period, it shall not be exempt from concurrency evaluation. (a) Boundary line adjustment; (b) Demoiition permit; (c) Eiectrical permit; (d) Eire protection system permit; (e) Tenar�t improvements with no change of use; (fl Land surface modification; (a) Lot line elimination; (h) Mechanical permit; (i) Ptumbing permit; (j) Right-of-way modification; (k) lZight-of-way use permit; (1) Sig� permit; (m) Single-family remodetinb with �o chan�e of use; (n) Rezones; {o) Comprehensive ptan amzndment; (p) Shoreline �Rr►it; (q) Commercial subdivisions; Accessory Dwetiing Unit (aDU) (s) Binding Site Ptan BSP) {t) Business License {u) Use Process V. ANALYSIS OF KEY ISSUES The proposed traffic impact fee it adopted w�ould help to mitigate impacts created by new devetopment. This po(icy complies with the state's Grow•th Management Act (GMA) intent that new growth and development should pay a propoRionate share of the cost of new facilities needed to serve the new growth an�i development. As referenced above, staff inet with Permit Stakeholders twice and as a resutt of this process recommendationsJsuggestion raised by the group were addressed and incorporated into the pcoposed code with the exception of collection timing. The fotlowing are keys issues from the group with staff responses: How would the TIF affect existing applications (vested for T[F)? Staff Response: Any devetopment permits apptication with a concurrency application in conjunction with a complete land use application wou(d be vested to the current pro-rata mitigation system. Are there any land uses that are exempt from paying impact fee? Staff Response: Yes, only structures construc[ed by a regional transit authority as define in RCW 82A2.09. No other uses are exempt, which is consistent with current pro-rata mitigation system. How will change of use be handied? Staff Response: The impact fee for chan�e of use would be assessed based on the difference of the fees between the uses_ Can the mixed use development reduction/adjustment proposed in City Center be used elsewhere in the City? Staff Response: Yes, with supporting documentation to be provided by the applicant_ [n developing the impact fee rate, would the City provide average imQact fee from other jurisdictions for comparison? Staf�j'�Response: in this area, the Ciry of Auburn, City of Puyallup, City of Tukwila and City of Maple Valley ali have im{�osed traffic impact fees on new development. Their traffic impact fee ranges from $1,244 per trip up to $6,272. Staff als� considered other cities within the three countizs (Kin�, Pierce and Snohomish County) that have a transpoRation impact fee rates. The impact fee rate from all the ci[ies in the three counties is attached (Exhibit B)_ Would the City consider using the 6-Year TIP project list and not the C[P project tist as a based for the T[F caicula6on`' Staff Response: Yes. The consu(tant evaluated both options and provided staff with a cost per trip with pros and cons for each_ The maximum allowable cost per trip for the 6-Year TIP project is $12,�87 and $9,800 for the CIP. The 6-Year T� project would be approximately $2,787 per trip over the CIP (2030) project. Please see table betow for caicutations_ O15 T� 030 CIP roject Costs 161.6 M 320.3 M ears 23 raf#ic Growth Trips ,221 13,974 ost Per PM Trip 12,587 9,800 When would Impact Fee payment required? Staff Response: Current(y, mitigation fees are cotlected prior to building permit issuance for commerciai and multi-family projects and prior to plat recording for subdivision projects. Under the proposed impact fee system, staff is proposing to have impact fee payable at bui(ding permits issuance for all developments which is consistent with adjacent cities collection method and as recommended by the consu(tant. Please see attachment of Transportation Impact Fee Rates for Cities in Snohomish, King and Pierce County. On May 6, 2009 meeting with the deveiopment comn�unity, the consensus among the Stakeholders group was to have the impact fee payable at the issuance of a CeRificates of Occupancy (C/O) for all developments with the flexibility for director to modify on a case-by- case basis. It is assumed that pushing the payment to the Certificates of Occupancy wouid reduce the amount financed by the appiicant to compiete the project, thereby reducing finance chacges; and savings gained by tfie developer are then passed on to ihe end user. On(y two junsdictions (Kitsap and Pierce Councies) within Washington have implemented payment of impact fees after building permits issuance. Since then, these jurisdictions have changed their cotlection timing due to default of impact fee payments_ Pierce County repealed their ordinance due to a 27 percent delinquency rate. Kitsap County changed their collection point to final inspection instead of Certificate of Occupancy due to fiigh delinquency rates_ The Kitsap County Prosecuting Attomeys Office is currently exploring ways of coliecting unpaid impact fees_ The following are list of potentiai pros and cons for each of coliection timing method= Building Perrr►its Issuance Pros: 1_ Consistent with most or ail of cities with impact fee program 2. Minimal staff time to administer witb high collection rate without institutional enforcement 3. Predictabiiity as impact fee would be assessed and payabte at the same ticne Cons: i. May add financing cost for development due to financing charges Certi6cate of Occupancy (GO) Pros: 1. May low•er �nancing cost for development 2. Timing of payment of fee coincides with timing of actual +mpacu Cons: L Staff may be pressured to grant Certifieate of Occupancy to projects ihat are compieted with the exception of fee payment. 2. Projects often change hands during the construction process and the end user may not reaiize that fees aze tied to Certificate of Occupancy. 3. Increase staff time devoted to tracking deferred fees and delinquent collection activity 4. High delinquency rate as demonstrated in Pierce and Kitsap County 5. Impact fee may be higher at time of coltection than at building permit issuance VI. Environmental Review Pursuant to WAC t97- l I-8(�{ l9), the proposed amendments are categorically exempt from review under the State Envirorementai Policy Acs as it relates to governmentai procedures and contains no substantive standards respecting use or modification of the environment. VII.STAEF RECOMNiENDAT[ON Staff recommends that the code amendment attached as Exhibit "D" and fee schedule as Exhibit "C" be recommended for approval to the City Council. Due to current economic ciimate and the potential perception that the T� would be a new fee in addition to, rather than a replacement for the current pro-rata mitigation system, staff proposes to defer impiementation to July t, 2010. VIII BAS[S FOR PLANN[NG COMM[SS[ON ACTION EWRC Title i9 "Zoning and Development" Chapter l9_80 "Process VI Review" establishes a process and criteria for development reguiation amendmeats. Consistent with Process VI review, the role of the Planning Corrunission is as follows: To review and evaluate the Qroposed development regulation amendments. 2. To determine whether the proposed development regutation amendment meets the criteria pravided by FWRC 19.80.130 To forward a recomme�dation to City Council regarding adoption of the proposed develoQment reguiation amendment. IX. DECIS[ONAL CR[TE[tl,� FWRC t9.80. l30 provides criteria foc development regulation amendment�_ The foi(owing section analyzes the compliance of the proposecl amendments with the criteria provided by FWRC 19.80.130. The City may amend the text of the FWRC only if it fincls that: 1. The proQosed amendment is consistent with the applicable provisions of the comprehensive ptan. The proposed FWRC text amendment is consistent with [he followin� Federal Way Comprehensive Plan (FWCP) goa(s and policies_ LUP-6 Conduci regular reviews of development regulatians to dete��nine h�w to improve upon the permit re►�ietic process. TP 85 Develop a transportntion impact fee by 2002 to simplifi� devetopment review. assess mitigation fees consistently nnd fairly, improve the Cit�•'s ability to leverage grant furuting for transportation funding, and provide adequate infrastructure to aceorrunodate new growth. HP-8 Consider the econvmic irnpaet of all development regutations on the e�st of housing. 2. The Qroposed amendment bears a substantial relationship t� public health, safety, or welfare. The Qroposed amendment bears substantia( relationship to public health. safety, and welfare as it seeks to ensure funding for capital projects in meeting concurrency and provide development with predictabitity, consistency and fairness in assessing traEftc impact thus may reduce finance charges to the developer. Consistency and predictabi(ity for deveiopers may encourage new de� bringing new jobs and pr�viding more economic activiiy in the city. 3. The proposed amendment is in the best interest of the residents of the City. The proposed amendment is in the best interest of the residents of the city as its intent is to have new deveiopment pay a proportionate share of the cost of new faciiities needed to serve new growth, ensure funding for capital projects to meet concurrency needs and provide predictability, consistency and fairness to the developers in assessing deveiopment impact fees. X. PLANNING COMMISSION ACT[ON Consistent with theprovisions of FWRC 19.8024Q the Planning Commission may take the foliowing actions regarding the proposed development regulation amendments: 1_ Recoinmend to City Counci! adoption of the FWRC text amendments as proposed; 2. Modify the proposed FWRC text amendments to reflect the Permit Stakeholders preference for Impact Eee collection prior to issuance of Certificate of Occupancy, and recommend to City Council adoption of the FWRC text amendments as modified; Modify the proposed FWRC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; 4_ Recommend to City Councii that the proposed FWRC text amendments not be adopted; or 5. Eorward the proposed FWRC text amendments to City Council without a recommendation_ Exs[BtTs A- Stakholders Distribution List Name B- Transportation [mpact Fee Rates for Cities in Snohomish, Pierce, and King County C- Federal Way Impact Fee Compor►ents and Schedule D- Chapier i991 Transportation Impaci Fees E- Chapter 19_90 Transportation Concurreacy Management Report Prepared by: Rick Perez, P.E., City Traffic Engineer z CrrY'oF FF�ER.a[. Wat PLANNING COMM[SSION luly l, 2009 City Hall 7.00 p,m. Councii Chambers MEETiNG MINUTES Commissioners present: Merle Pfeifer, Hope Etder, Lawson Bronson, Wayne Carlson, Tom Medhurst, Tim O'Neil, and Sarady Long. Commissioners absent: none_ Staff present: Seoior Planner Margaret Clark, Public Works Director Marwan Sailoum, City Traffic Engineer Rick Perez, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OE MINIJTES The minutes of May 20, 2009, were approved as wriiten_ AUDIENCE COMMENT l�ione ADMIN[STRAT[VE REPORT None COMM[SSION BUSINESS PUSL[C HEARING Traffic Impact Fee Commissioner Lc�ng recused himself as he is the city's project manager for the Traffic [mpact Fee (T[F). He asked if it would be acceptabte for himto remain in the audience to be available to answer questions. Chair Pfeifer repiietl that would be acceptable. Mr. Perez delivered the staff repoR. He explained that currentiy the city uses a concurrency analysis to deternune if traffic mitigation is necessary. The city uses a pro-rata share mitigation method {which can resu(t in fees ranging from zero up to $5,600 per trip) to airive at the mitigation fee. Eor projects in the city center, a set fee (as deternuned by the City Center Planned Action) is used. SEPA mitigation is used for construction improvements beyond projects identified in ihe program and site-specific impacts. The city is proposing a set T� as opposed io the pro-rata share mitigation method. The concurrency analysis wou(d still be done and SEPA mitigation will not change. Mr. Don Samdahl with Fehr Peers/Mirai continued ihe presentation with information on the reasons to have a T�, state re�uirements, and how the proposed amount of the fee was developed. Mr. Perez stated that ihe city worked closety with a Stakehotders Group. That group agrees with the city's proposai, with the exception of when the payment af the fee should be made. The Stakeholders Group betieves the payment of the T� should occur at the time of the issuance of the Certificate of Occupancy (CO)_ The city believes the fee should be paid at the time of building pernut issuance. The pros and cons are K:1PIa�wng Commusion�ZW9�Maxi� Summuy 07.O1-09.doc Planning Corrunission Miautes Page 2 July i, 2(309 as follows: Certifirate of Occupancy (CO) Pros: May lower financing cost for development Payment of mitigate fee coincide with timing of actua( impacts Cons: Staff may be pressured to grant CeRificate oE Oecupancy to pcojects tha[ are completed with exception of fee payment Projects often change hands during tfie construction process and the end user may not realize that fees are tied to Certificate of Occupancy -[ncreased staff time to: develop a new system, track deferred fees, and coiiect delinquent fees High delinquency rate as demonstrated in Pierce and Kitsap County tmpact fee may be higher at time of coilection than at building issuance Building Permit Issuance Pros: Consistent with most or all of cities wich impact fee program Minimat staEf time to administer with high coilection rate without institutionat enforcement Predictability as impact fee would be assessed and payable at the same time Consistent with current practice for schoot impact fee Cons: May add financing cost for development due to financing charges Commissioner O'Neil asked if under the cucrent system, unused funds are returned. Mr. Perez repiied that funds are retuned if they have not been spent on the designated project within five years. Comcnissioner O'Neii how much has been returned in the last ien years. Mr. Perez stated that he has been with the city about 13 years_ [n that time the city has, on average, cotlected over a mil(ion dollars a year in traffic mitigation. Of the total funds collected in those years, the city has had to retum tess than $10,000. Commissioner O'I�feil asked how often the T� amount wil( be adjusted. Mr. Perez repiied that it wi!( be adjusted annuatly for i�flation and a new rate study will be performed every three years. Commissioner Carlson commented that this is one of the best TIFs he has seen. He be(ieves that io light of the pros and cons, collection should be done at the building permit issuance. A number of other jurisdictions col(ect a T� and do so at the truilding permit issuance stage. Commissioner Carlson expresserl some concern with the Qrojected Capital improvement Program (CIP) project cost of approximate(y $320 miliion. Does it reflect potential impacts from surrounding communities, or just growth within Federal Way? Mr_ Perez replied that it is based on historical averages for growth within Federai Way. Growth in surrounding communities cou(d increase the amount. Vice-Chair Elder commented that she wou(d prefer that the TIF be collected at the building permit issuance stage in order to protect a new homeowner from a possible unexpected fee at the time of the CO. Commissioner Medharst asked if a contractor's cost of improvements would offset the T�. Mr. Perez replied that it would depend upon the iocation of the project; whether it was on the Transpo� Improvement Plan (TIP) and if so, it is possible that ihe cost of improvements could offset the T�_ Mr. Perez stated that due to the current economic climate it is possible the TIF couid be regarded as a new fee, as opposed to a repiacement of the current system. Because of this, staff recommends tfiat K:�PWmingConunissan�2W9�Meaiig Su�mnary07A1-09.doc Plannin� Comr�tission Minutes Pa�e 3 July 1, �009 i��pleme�tatio�a of the T[F be deferred to July i, 20 L0. Commissioner Bronson noted that the current project map shows only one project on a state highway. Does the state he(p pay for impr�vements on 99? Mr. Perez replied that ciry attempts to obtain state funds, but the state focus is on major €reeways and dces not have much money Eor smatier highways. Chair Pfeiter asked if other cities use our current system of the pro-rata share mitigation method. Mr. Perez responded that some do use it, bu[ more and more cities are moving to a TIF because of its predictabi(ity. Chair Pfeifer asked if the T� amount is more expensive than the current pro-rata share mitigatioa method. Mr_ Perez responded that while it wou(d depend apon the project, the staff's research showed that for many projects the overail TiF cost wouid be lower than the current method. Speci#�icatly, the Rivera Office/Medical building paid $258,O19 under the current system, but under the proposed T� it would have been $129,�00. The Ered Meyer fuel project paid $207,664, but wouid have paid oniy $83,030 under the proposed T[F. Finally, the Sound Credit U�ion $ank, which is a city center project, paid $255,55 l, bui under the proposed TiF would have paid oniy $52,454. Comcnissioner O' Neil commented that according to Staff Report Exhibit B, the amount of the TIF varies greatty between cities_ Mr. Samdah( responded that one reason for that is that the cities use different methods to arrive at the T� amount_ Commissioner Carlson mo��ed (and irwas secondec� to recommend adoption of the staff recommendation with coliection of the T[F to occur at the bui(ding pemut issuaace. There was one abstain and six yes; the motion passed. The pubiic hearing was ciosed. ADDIT[ONAL BUSIIVESS Ms. Clark stated that the Planning Cominission regularly scheduted meeting of July IS`" has been moved to 1u1y 22, ?009_ At that time, the Planning Commission will hold a pubtic hearing on Plat and Land Use Application Time Limit Extensions and Vesting Clarification_ AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 8:05 p.m. K:�%anning Coimni»ioM1WYN1e�inp Summary 07.01-U9.doc ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Transportation Impact Fee (TIF�; and adding new sections to Federal Way Revised Code chapters.19.91. 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 1935 FWRC; and WHEREAS, the City Council finds that new gowth and development in the City will create additional demand and need for public facilities; and WHEREAS, the City is authorized by Chapter 82.02 RCW to require new growth and development within the City to pay a proportionate share of the cost of new facilities to serve such new development activity through the assessment of impact fees; and WHEREAS, the impact fees assessed pursuant to Chapter 82.02 RCW must be based upon a showing that new growth and development creates additional demand and need for public facilities, that the impact fees do not exceed a proportionate share of the costs of such additional public facilities, and that the fees spent for facilities reasonable related to the new growth and development; and Ordinance No.09- Page 1 of 22 WHEREAS, the City is authorized by Chapter 82.02 RCW to impose impact fees for system improvement costs previously incurred by the City to the extent that new growth and development will be served by the previously constructed improvements; and WHEREAS, impact fee may be collected and spent for system improvements that are included within a capital facilities plan element of a comprehensive plan,; and WHEREAS, the City has adopted a list of transportation capital facilities in the Transportation Element of the Comprehensive Plan; and WHEREAS, RCW 58.17.110 and RCW 58.17.060 require the Council and administrative personnel to make written finding that public facilities; such as roads and streets, are adequate before approving proposed subdivisions, dedications, short plats, and short subdivisions; and WHEREAS, to meet these reyuirements with respect to public streets and roads, the Council finds that it must assure that public street and roads are adequate to serve new growth and development; and WHEREAS, the Council finds that it is in the public interest, and consistent with the intent and purposes of the Growth Management Act, RCW 36.70A et seq., for the City to adopt transportation impact fees which are uniform to the greatest extent practicable; and WHEREAS, The City has conducted extensive research and analysis documenting the procedures for measuring the impact of new growth and development on public streets and roads, and has prepared the report "City of Federal Way Transportation Impact Fees Program" dated February 2009 which serves as the basis for the actions taken by the Council; and WHEREAS, the Council hereby incorporates the Rate Study into this ordinance by reference. The Rate Study utilizes a methodology for calculating transportation impact fees which fulfills all of the reyuirement of RCW 82.02.060(1); and Ordinance No.09- Page 2 of 22 WHEREAS, based on information in the Rate Study, the Council has determined that the City is composed a single services area for purposes of assessing transportation impact fees; and WHEREAS, in developing the impact fees for public facilities contained in this ordinance, the City has provided adjustments for past and future taxes paid or to be paid by new growth and development, which are earmarked or proratable to the same new public facilities that will serve the new growth and development; and WHEREAS, the Planning Commission conducted properly conducted a duly noticed public hearing on these code amendments on July 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 September 14, 2009 and recommended adoption of the text amendments as recommended by the Planning Commission with further modifications as follows: (1) Chapter 19.91.060 to provide option for single family residential development to either pay the impact fee prior to the issuance of Building Permit or the City record a covenant against the property for the payment of the impact fee in effect at time of payment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findin�s. The City Councii of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by providing a more systematic way for applying the impact fees, and provide predictability for developers. Ordinance No.09- Page 3 of 22 (b) These code amendments comp�y with Chapter 36.70A RCW, Growth Management. (c) 'These 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) These code amendments bear a substantial relationship to, and will protect and not adversely affecf, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and b�ased upon the recitals and the findings set forth in Section l, 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) T'he proposed FWRC amendments are consistent with, and substantia]ly implement, the following Federal Way Comprehensive Plan goals and policies: TGI1 Develop and implement funding mechanisms to: a. Leverage state and federal funds for transpor-tation improvements. b. Meet GMA's concurrency requirements. c. Provide consistent, fair, and predictable assessment of sufficient mitigation fees for development consistent with SEPA. d. Assure that adequate transportation infrastructure is provided to accommodate forecast growth. TP82 Assure cost-effective maintenance of transportation facilities under the City's jurisdiction. TP 85 Develop a transportation impact fee by 2002 to simplify development review, assess mitigation fees consistently and fairly, improve the City's ability to Ordinance No.09- Page 4 of 22 leverage grant funding for transportation funding, and provide adequate infrastructure to accommodate new growth. LUG2 Develop an efficient and timely development review process based on a public/private partnership. LUP4 Maximize efficiency of the development review process. 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. HPIO Encourage community input, where appropriate, into the development permit process by providing thorough and timely information to the public. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it would replace the existing code-based pro-rata fees in the concurrency code and the Planned Action SEPA fee, create a more systematic way for applying the fees in this national economic conditions that impact local land development and housing- related industries by implementing development regulations to provide predictability for developers during the development review process that is not provided in the current code; and clarifies to increase the efficiency of the development review process. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way as it will provide the developer with an up front cost of the impact fees for development proposal, which results in attracting and continued development within the City, thus aiding the local economy. Ordinance No.09- Page S of 22 Section 3. A new section is added to chapter 19.91 FWRC to read as follows: TRANSPORTATION IMPACT FEES Sections: 19.91.010 19.91.020 19.91.030 19.91.040 19.91.050 19.91.060 19.91.Q70 9.91.080 19.91.090 19.91.100 19.91.110 19.91.120 19.91.130 19.91.140 19.91.150 l 9.91.160 19.91.170 19.91.180 19.91.190 19.91.200 19.91.210 Title Purpose and Intent Findings and authority Definitions Transportation Impact Fees Methodology Assessment of lmpact Fees Independent Fee Calculations Exemptions Credits Adjustments Establishment of Impact Fee Account Authorization for interlocal agreements Administrative Guidelines Refunds Use of Funds Periodic Adjustment of Rate Administrative Fees Appeals Existing authority unimpaired Relationship to State Environmental Policy Act (SEPA) Relationship to Concurrency 19.91A10 Title. This code shall be hereinafter known as the City of Federal Way transportation impact fee (TIF) 19.91.020 Purpose and Intent. The purpose and intent of this chapter is for the collection of impact fees for streets and roads, and providing for certain other matters in connection therewith. 19.91.030 Findings and authority. The City Council of the City of Federal Way hereby finds and determines that development activities, including but not limited to new residential, commercial, retail, office, and industrial development in the City of Federal Way will create additional demand and need for public facilities in the City, and the Council finds that such new Ordinance No.09- Page 6 of 22 growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. The City of Federal Way has conducted extensive research and analysis documenting the procedures for measuring the impact of new developments on public facilities, has prepared the "Rate Study for Transportation Impact Fees, City of Federal Way' dated February 2009 ("Rate Study"), and incorporates that Rate Study into tliis title by this reference. The Rate Study utilizes a methodology for calculating impact fees that fulfills all of the reyuirements of RCW 82.02.060( l). A copy of the Rate Study shall be kept on file with the City Clerk and is available to the public for review. Therefore, pursuant to Chapter 82.02 RCW, the Council adopts this title to assess impact fees for streets and roads. The provisions of this title shall be liberally construed in order to carry out the purposes of the Council in establishing the impact fee program. 19.91.040 Definitions. The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning. A. Applicant means a person who applies for a building permit under this article and who is the owner of the subject property or the authorized agent of the property owner. B. Building Permit means an official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure. C. Capital Facilities Plan means the capital facilities element of the City's Comprehensive Plan adopted pursuant to RCW 36.70A and such plan as amended. D. Council means the City Council of the City. E. Department means the City's Department of Public Works. Ordinance No.09- PaSe o.r22 F. Development Activiry means any work, condition, or activity which requires a permit or approval under the city's subdivision, zoning, or building code. Exempt permits are set forth in FWRC 1991.080. G. Development Approval means any written authorization from the City authorizing the commencement of a development activity or use. H. Director means the Director of the Department of Public Works of the City of Federal Way or her/his designee I. Encumbered means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other Iiabilities incurred for public facilities. J. Hearing Examiner means the hearing examiner operating pursuant to the powers and duties set forth by Chapter 2.20 FWRC. K. Impact fee means a payment of money imposed by the City of Federal Way on development activity pursuant to this title as a condition of granting development approval. "Impact fee" does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, or the cost of reviewing independent fee calculations. L. Independent Fee Calculation means the street and road impact calculation, and/or economic documentation prepared by a applicant, to support the assessment of an impact fee other than by the use of the rates listed in the fee schedule, or the calculations prepared by the Director where none of the fee categories or fee amounts in the traffic impact fee in the fee schedule accurately describe or capture the impacts of the development activity on public facilities. M. Interest means the average interest rate earned in the last fiscal year by the City of Federal Way. N. ITE Land Use Code means the classification code number assigned to a type of land use by the Institute of Transportation Engineers in the latest Edition of Trip Generation. Ordinance No.09- Page 8 of 22 O. CITY.CODE SECTION means the City of Federal Way Revised Code or, when followed by a numerical designation, a provision of the FWRC Code. P. P.M. Peak Hour means the highest volume of traffic for a continuous hour between 4:00 p.m. and 6:40 p.m. on weekdays. Q. P.M. Peak Hour 7'rips means the total vehicular trips entering and leaving a place of new development activity on the adjacent public road or street during the p.m. peak hour. R. Project Improvements mean site improvements and facilities that are planned and designed to provide service for a particular development project and are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the Council shall be considered a project improvement. S. Public Facilities, for purposes of this chapter, means the following capital facilities owned or operated by the City of Federal Way or other governmental entities: public streets and roads. T. Rate Study means the "Transportation Impact Fees Program," City of Federa] Way, by Fehr Peers Mirai, dated February 2009. U. Residential or Residential Development means all types of construction intended for human habitation. This shall include, but is not limited to, single-family, duplex, triplex, and other multifamily development. V. RCW means the Revised Code of Washington or, when followed by a numerical designation, a provision of the Revised Code of Washington. W. Sguare Footage means the square footage of the gross floor area of the development as defined in FWRC. X. Street or Road means a public right-of-way and all related appurtenances, which enables motor vehicles, transit vehicles, bicycles, and pedestrians to travel between destinations, and affo'rds the principal means of access to abutting property, including avenue, place, way, �drive, Ordinance No.09- Page 9 of 22 lane, boulevard, highway, street, and other thoroughfare. For purposes of this chapter, public streets and roads are collectively referred to as "transportation." Y. System Improvements means public facilities that are included in the City of Federal Way's capital facilities plan, and such plan as amended, and are designed to provide service to service areas within the community at large, in contrast to project improvements. Z Transportation means public streets and roads and related appurtenances. AA. Transportation Impact Fee Account(s) means the account(s) established for the transportation impact fees that are collected. The account(s) shall be established pursuant to FWRC 19.91.110, and shall comply with the reyuirements of RCW 82.02.070. 19.91.050 Transportation Impact Fees Methodology and Applicability. The transportation impact fee rates are generated from the formula for calculating impact fees set forth in the Rate Study, which is on file with the Public Works Departrnent. Except as otherwise provided for independent fee calculations in FWRC 19.91.070, exemptions in FWRC 19.91.080, and credits in FWRC 19.91.090, all new development activity in the City will be charged the transportation impact fee applicable to the type of development as set forth in the Traffic Impact Fee in the current Fee Schedule as adopted by CounciL 19.91.060 Assessment of Impact Fees. A. The City shall collect impact fees, based on the land use categories and rates on the current Fee Schedule, from any applicant seeking development permits from the City where such development activity requires the issuance of a building permit or approval for a change in use, except for development exempt under FWRC l 9.91.080. This shall include, but is not limited to, the development of residential, commercial, retail, office, and industrial land, and includes the expansion of existing uses that creates a demand for additional system improvements as well as a change in existing use that creates a demand for additional system improvements. The public works department is authorized to determine the appropriate land use category found in the rate schedule applies to the application. Ordinance No.09- Page 10 of 22 B. All impact fees shall be due and payable prior to issuance of the building permit or at the time of permit approval for a change in land use when no building permit is required based on the land use categories on the Fee Schedule. Prior to issuance of a single family residential building permit, the applicant may elect to defer payment of the impact fee to the time of closing of sale of the unit. If this option is selected, the City shall record a covenant against the property for the payment of the impact fee in effect at time of payment. Any fees associated with filing/recoding the covenant shall be paid by applicant Unless the use of an independent fee calculation has been approved, or unless a development agreement entered into pursuant to RCW 36.70B.170 provided otherwise, the fee shall be calculated based on the impact fee schedule in effect at the time a completed building permit application is filed. For a change in use for which no building permit is required, the fee shall be calculated based on the impact fee schedule in effect on the date of payment of the impact fee. C. The public works department shall establish the traffic impact fee rate for a land use that is not listed in the fee schedule. The applicant shall submit all information requested by the City for purposes of determining the impact fee rate pursuant to FWRC 19.91.070. D. For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building that generate additional trips, the impact fee shall be the applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate of the current use. E. For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the traffic impact fee rates set forth in the fee schedule. F. The Community Development Department shall not issue the required building permit until the traffic impact fees set forth in the fee schedule have been paid as set forth in the fee schedule or in the amounts that they exceed any credits allowable under this chapter. For a Ordinance No. 09- Page 11 of 22 change in use where a building permit is not required, the applicant shall not occupy or permit a tenant to occupy the subject property unless and until the impact fee has been paid. 19.91.070 Independent Fee Calculations. A. If in the judgment of the director, none of the fee categories or fee amounts set forth in foregoing section of this title accurately describes or captures the impacts of a new development on roads, the department may conduct independent fee calculations and the director may impose alternative fees on a specific development based on those calculations. B. The applicant may opt not to have the impact fees determined according to the fee structure in the traffic impact fee schedule listed in the City Fee Schedule, in which case the applicant shall prepare and submit to the director an independent fee calculation for the development activity for which a development permit is being sought. The documentation submitted shall be prepared by a licensed traffic engineer and shall show the basis upon which the independent fee calculation was made using procedures consistent with those established in the Trip Generation Handbook, current edition, by the institute of Transportation Engineers. An independent fee calculation shall use the same methodology used to establish impact fees set forth in the traffic impact fee schedule, shall be limited to adjustments in trip generation rates and lengths used in the Rate Study, and shall not include travel demand forecasts, trip distribution, transportation service areas, costs of road projects, or cost allocation procedures. C. The applicant submitting an independent fee calculation will be required to pay the City of Federal Way a fee to cover the cost of reviewing the independent fee calculation. The fee required by the City for conducting the review of the independent fee calculation shall be charged on an hourly rate as adopted by council at the time of the submittal. D. There is a rebuttable presumption that the calculations set forth in the Rate Study and the fee set forth in the traffic impact fee in the fee schedule are valid. The director shall consider the documentation submitted by the applicant, but is not required to accept such documentation or analysis which the director reasonably deems to be inapplicable, inaccurate or not reliable. The director may require the applicant to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case-by-case basis based Ordinance No. 09- Page 12 of 22 on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. E. Determinations made by the director pursuant to this section may be appealed as set forth in FWRC 19.91.180. 1991.080 Exemptions. A. Except as provided for below, the foliowing shall be exempted from the payment of transportation impact fees: 1. Alteration or replacement of an existing nonresidential structure that does not expand the usable space, add any residential units or generate any additional p.m. peak trips. 2. Miscellaneous improvements which do not generate increased p.m. peak trips, including, but not limited to, fences, walls, residential swimming pools, and signs; 3. Demolition or moving of a structure when additional p.m. peak hour trips are not generated. 4. A change of use that does not generate one or more p.m. peak hour trips. 5. Miscellaneous permits such as Electrical, Fire Protection System, Mechanical, Plumbing, Right-of-way use, Shoreline and sign permits which do not generate any new trips. 6. Rezones, Comprehensive plan amendments, Land surface modifications, Commercial subdivisions, Boundary line adjustment and Lot line eliminations, which does not generate any trips. 7. Structures constructed by regional transit authority as define in RCW 82.02.09. 8. Any development permit application that has been submitted to the City before 5:00 p.m. the business day before the effective date of this chapter and subsequently determined to be a complete land use application conjunction with a concurrency application, based on the information on file as of the effective date of this chapter. B. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this FWRC 19.91.084 or under other applicable law. Determinations of the director shall be subject to the appeals procedures set forth in FWRC 19.91.180. Ordinance No.09- Page 13 of 22 19.91.090 Credits A. An applicant may request that a credit or credits for impact fees be awarded to him/her for the total value of system improvements, including dedications of land, improvements and/or construction provided by the applicant. Credits will be given only if the land, improvements, and/or the facility constructed are: 1. For one or more of the transportation projects listed in the Rate Study as the basis for calcuIating the impact fee. B. The director shall determine if reyuests for credits meet the criteria in subsection A, above or under other applicable law. Determinations of the director shall be subject to the appeals procedure set forth in FWRC 19.91.180. C. Each request for a credit or credits shall include a legal description of the dedicated land, a detailed description of improvements or construction provided, and a legal description or other adequate description of the development to which the credit will be applied. D. For each request for a credit or credits, the director shall determine the value of the dedicated land, improvements, or construction on a case-by-case basis. In the event that the applicant disagree with the director's valuation, the applicant may submit an appraisal for the director's consideration, prepared by a state certified MAI (Member of the American Institute of Appraisers) or licensed engineer and be licensed in good standing pursuant to RCW 18.40 et.seg., in the category for the property to be appraised, and shall not have a fiduciary or personal interest in the property being appraised. E. The appraiser and/or licensed engineer shall be directed to determine the fair market value of the total value of the dedicated land, improvements, and/or construction provided by the applicant. The applicant shall pay for the actual costs for the appraisaL F. After receiving and reviewing the appraisal, the director will determine the dollar amount of any credit, the basis for the credit, the legal description of the real property dedicated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied with issuance of the building permit. If the total value of any Ordinance No.09- Page 14 of 22 such dedication, improvement or construction cost exceeds the amount of the impact fee obligation, the developer will not be entitled to reimbursement of the difference. G. No credit shall be given for project improvements or right-or-way dedications for direct access improvements to and/or within the subject development above and beyond what is proposed in the capital facilities plan. H. Any claim for credit must be made before payment of the impact fee and prior to the issuance of the building permit or a permit for a change in use. The failure to timely file such a claim shal} constitute a final bar to later request any such credit. I. Determinations made by the director pursuant to this chapter shall be subjected to the appeals procedures set forth in FWRC 19.91.180. J. No impact fee for a specific development shall be increased or decreased once said fee has been paid. 19.91.100 Adjustments. Pursuant to and consistent with the requirements of RCW 82.02.060, the Rate Study has provided adjustments for future taxes to be paid by the development activity which are earmarked or pro-ratable to the same new public facilities which will serve the new development. The traffic impact fee rates in the fee schedule have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. 19.91.110 Establishment of Impact Fee Account. A. Impact fee receipts shall be earmarked specifically and deposited in a special interest- bearing account. B. The City shall establish a separate impact fee account for the fees collected pursuant to this chapter: Transportation Impact Fee Account. Funds withdrawn from the account must be used in accordance with the provisions of this chapter and applicable state law. Interest earned Ordinance No.09- Page 1 S of 22 on the fees shall be retained in the account and expended for the purposes for which the impact fees were collected. C. On an annual basis, the finance director shall provide a report to the Council on the transportation impact fee account showing the source and amount of all moneys collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. Impact fees shall be expended or encumbered within six (6) years of receipt, unless the Council identifies in written findings of extraordinary and compelling reasons for the City to hold the fees beyond the six (6) year period. Under such circumstances, the Council shall establish the period of time within which the impact fees shall be expended or encumbered. ]9.91.120 Authorization for interlocal agreement. The city manager is authorized to execute, on behalf of the city, an interlocal ageement with other agencies having authority over transportation facilities to identify impacts and provide mitigation for those impacts. In no case shall mitigation payments to the city be reduced to account for mitigation payments to other jurisdictions. 19.91.130 Administrative Guidelines. The Public Works Director is hereby authorized to adopt internal guidelines for the administration of transportation impact fees, which may include the adoption of a procedures guide for transportation impact fees. 19.91.140 Refunds A. If the City fails to expend or encumber the impact fees within six (6) years of when the fees were paid, or where extraordinary or compelling reasons exist, such other time periods as established pursuant to 19.91.110, the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first in, first out basis. Ordinance No.09- Page 16 of 22 B. The City shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address .of such claimants. A potential claimant or claimants must be the owner of record of the real property against which the impact fee was assessed. C. Property owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one l) year of the date the right to claim the refund arises or the date that notice is given, whichever is later. D. Any impact fees for which no application for a refund has been made within this one-year period shall be retained by the City and expended on the appropriate system improvements. E. Refunds of impact fees or offsets against subseyuent impact fees under this section shall include any interest earned on the impact fees by the City. F. When the City seeks to terminate any or all components of the impact fee progam, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the City shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two (2) times and shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one (1) year after the second publication. At the end of one (1) year, any remaining funds shall be retained by the City, but must be expended for the appropriate public facilities. T'his notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. G. The City shall also refund to the current owner of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees, if the development activity for which the impact fees were imposed did not occur; provided, however, that, if the City has expended or encumbered the impact fees in good faith prior to the application for a refund, the director can decline to provide the refund. If within a period of three (3) years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner can petition the director for an offset in the amount of the fee Ordinance No.09- I'age �°f 22 originally paid and not refunded. The petitioner must provide receipts of impact fees previously paid for a development activity of the same or substantially similar nature on the same real property or some portion thereof. The director shall determine whether to grant an offset, and the determinations of the director may be appealed pursuant to the procedure in Section 19.91.180. 19.91.150 Use of Funds. A. Pursuant to this title, transportation impact fees: l. Shall be used for system improvements that will reasonably benefit the new development activity; 2. Shall not be imposed to make up for deficiencies in public facilities; and 3. Shall not be used for maintenance or operation. B. Transportation impact fees may be spent for public improvements to streets and roads as herein defined and, including, but not limited to, transportation planning, engineering design studies, land survey, right-of-way acquisition, site improvements, necessary off-site improvements, engineering, architectural, permitting, financing, administrative expenses, construction of streets and roads and related facilities such as curbs, gutters, sidewalks, bike lanes, storm drainage and installation of traffic signals, signs and street lights, applicable impact fees or mitigation costs, and any other expenses which can be capitalized. C. Transportation impact fees may also be used to recoup system improvement costs previously incurred by the City to the extent that new growth and development will be served by the pr�viously constructed improvements or incurred costs. D. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public improvements for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development. Ordinance No.09- Page 18 of 22 19.91.160 Periodic Adjustment of Rates. A. The traffic impact fee in the fee schedule will be amended to reflect changes to the twenty-year transportation project list as part of adoption of amendments to the capital facilities element of the City's comprehensive plan. Amendment to the schedule for this purpose shall be adopted by the council. B. The traffic impact fee in the fee schedule shall be indexed to provide for an automatic fee increase each January 1 S beginning in the year 2011. A three-y.ear moving average of the Wasfiington State Department of Transportation Construction Cost Index will be used to determine the increase in fees for each year to reflect increased project costs. C. A new rate study, which established the traffic impact fee in the fee schedule, shall be updated every three years, unless the city determines that circumstances have not changed to warrant an update. 19.91.170 Administrative Fees. A. There shall be a fee for the administration of the Transportation Impact Fee Program in an amount equal to three percent (3%) of the amount of the total traffic impact fee determined from the fee schedules. The administrative fee shall be deposited into an administrative fee account within the transportation impact fee funds. Administrative fees shall be used to defray the cost incurred by the City in the administration and update of the transportation impact fee program. The administrative fee is not creditable or refundable. B. The administrative fee, in addition to the impact fee, shall be paid by the applicant at the same time as the impact fee. 19.91.180 Review by Director and Appeals. A. The applicant may pay the impact fees imposed by this title under protest so that the building permit, or a change in use when no building permit is required. No appeal shall be permitted until the impact fees at issue have been paid. B. Requests for review regarding the impact fees imposed on any development activity may be filed only by the applicant for the development activity at issue. Ordinance No.09- Page 19 of 22 C. The applicant must first file a request for review regarding impact fees with the director, as provided herein: l. The request shall be in writing on the form provided by the City; 2. The request for review by the directar shall be filed within fourteen (14) calendar days after the applicant's payment of the impact fee at issue. The failure to timely file such a request shall constitute a final bar to later seek such review; and 3. No administrative fee will be imposed for the reyuest for review by the director; 4. The director shall issue his/her determination in writing. D. Determinations of the director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, or the director's decision concerning the independent fee calculation which is authorized in Sect. 19.91.070, or any other determination which the director is authorized to make pursuant to this title, may be appealed by the applicant or owner using the same process as the underlying development permit application or process I of Chapter 19 FWRC if there is no underlying development permit, substituting the direator of public works for the director of community development. The appeal, in the form of a letter of appeal, must be delivered to the department of community development within 14 calendar days after issuance of the decision of the director. In those cases where the proposed development activity may require a public hearing under the authority of other chapters of this code, the hearings may be combined. For example, if the underlying development permit application is a preliminary plat, the appeal shall be heard at the preliminary plat public hearing. 1991.190 Existing Authority Unimpaired. Nothing in this title shall preclude the City from requiring the applicant or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21 C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; so long as the exercise of such authority is consistent with the provisions of Chapter 43.21 C RCW and Chapter 82.02 RCW. Ordinance No.09- Page 20 of 22 19.91.200 Relationship to State Environmental Policy Act (SEPA) (1) All development shall be subject to the environmental review pursuant to SEPA and other applicable city ordinances and regulations. (2) Further mitigation in addition to the impact fee shall be reyuired for identified adverse impacts appropriate for mitigation pursuant to SEPA that are not mitigated by an impact fee program. 19.91.210 Relationship to Concurrency Management Neither compliance with this chapter or the payment of any fee hereunder shall constitute a determination of transportation concurrency under this chapter. Section 4. 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 take effect and be in force July l, 2010 as provided by law. Ordinance No. 09- Page 21 of 22 PASSED by the City Council of the City of Federal Way this day of 200 CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM; CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COLTNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No.09- 1'Q8e 22 o.r22 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Transportation Concurrency Management; amending FWRC 19.90.010, 19.90.060, 19.90.130, 19.90.140, and 19.90.160. (Amending Ordinance No. 06-525) 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, it is in the public interest for the City Council to amend FWRC 19.90 Transportation Concurrency Management, which establishes development regulations to meet the Growth Management Act within the City of Federal Way; and WHEREAS, the City of Federal Way finds that creating Chapter 19, Article N, "Transportation Concurrency Management" meets the intent of Chapter 36.70A RCW Growth Management; and WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the City Council finds that new growth and development in the City will create additional demand and need for public facilities; and Ordinance No.09- Page 1 of 10 WHEREAS, the Planning Commission conducted properly conducted a duly noticed public hearing on these code amendments on July l, 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 September 14, 2009 and recommended adoption of the text amendments as recommended by the Planning Commission with further modifications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by providing a more systematic way for applying the impact fees, and provide predictability for developers. (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 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Ordtnance No.09- Page 2 of 10 Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section l, 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: TGll Develop and implement funding mechanisms to: a. Leverage state and federal funds for transportation improvements. b. Meet GMA's concurrency requirements. c. Provide consistent, fair, and predictable assessment of sufficient mitigation fees for development consistent with SEPA. d. Assure that adequate transportation infrastructure is provided to accommodate forecast growth. TP84 Develop a concurrency ordinance by 2002 as required by the GMA consistent with the City's adopted LOS standard. LUP4 Maximize efficiency of the development review process. 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. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it would replace the existing code-based pro-rata fees in the concurrency code and the Planned Action SEPA fee, create a more systematic way for applying the fees and provide predictability for developers during the development review process that is not provided in the current code. Ordinance No.09- Page 3 of 10 (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it will provide the developer with an up front cost of the impact fees for development proposal, which results in attracting and continued development within the City. Section 3. FWRC 19.90.010 is hereby amended to read as follows: 19.90.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to Chapter 19.05 FWRC or FWRC 1.05.020 in that order. The public works director shall have the authority to resolve questions of interpretation or conflicts within this chapter. "Affected intersection means any intersection within the city meeting the requirements of FWRC 19.90.070 and having a direct traffic impact as a result of development activity. "Available capacity" means capacity which can be encumbered, reserved, or committed to future users, expressed in an appropriate unit of ineasure, such as p.m. peak hour trips. "Background traffic means existing traffic levels and the anticipated traffic from all proposals for which CRCs have been approved under the provisions of this chapter. "Build-out year conditions means the volume of traffic that is projected to occur on the roadway system as of the anticipated date of occupancy of a proposal. Traffic conditions include regional traffic and the anticipated traffic from all proposals for which CRCs have been approved under the provisions of this chapter. "Capacity" means the availability of an affected intersection to accommodate increased traffic resulting from a development without causing the LOS to fall below the standards established in the comprehensive plan. "Capacity reserve certificate (CRC) means the certificate issued by the city pursuant to the terms and conditions of this chapter which constitutes the proof that adequate capacity for each affected intersection has been reserved to serve the densities and intensities of development within the time frame designated on the certificate. "City of Federal Way development standards means those standards adopted by the Federal Way public works director. "Concurrency denial letter" means a letter issued by the director which summarizes the results of the concurrency evaluation and the reason for denying the request for a concurrency reserve certificate. "Concurrency evaluation means the evaluation by the director to ensure that necessary roadway improvements are made concurrent with proposed development activity, pursuant to RCW 36.70A.070. "Concurrency management" means the process local jurisdictions use to ensure that necessary roadway improvements are made concurrent with proposed development activity, pursuant to RCW 36.70A.070. Ordinance No.09- Page 4 of 10 "Direct traffic impact" means any net increase in vehicle traffic generated by a proposed development. "Director" means the director of the department of public works or her/his designee. `Zevel of service (LOS) means a qualitative measure describing operational conditions within a traffic strearn, described with alphabetical representations of "A" through "F" as defined in the Highway Capacity Manual prepared by the Transportation Research Board of the National Research Council, to indicate the amount of congestion and delay at particular locations, and adopted by the city. "Net new trips means the trip generation of the development activity less any allowable credit for existing activity that will be replaced, demolished or abandoned as part of the development activity. "Peak hour" means the highest volume of traffic for a continuous hour between 4:00 p.m. and 6:00 p.m. on weekdays. "Reserved capacity'' means capacitywhich has been allocated to a particular property through issuance of a capacity reserve certificate reserving capacity for a set period of time. "Select zone analysis means a travel demand model analysis that identifies trips generated within a selected transportation analysis zone. "Six year transportation improvement program (TIP) means the annually adopted transportation improvement program which identifies all the city's transportation needs over the next six years, including the total project costs. "Standards means the adopted city of Federal Way development standards. "Total project cost" means the total cost for the transportation projects, as defined in the current TIP. This cost includes, but is not limited to, studies, design, right-of-way acquisition, utility relocation, grading, and construction. "Transportation analysis zone means the area defined within a travel demand model representing all the land uses contained within that area. "Trip assignment means the determination within a travel demand model of the number and type of trips using a defined roadway. "Trip distribution means the determination within a travel demand model of the number and type of trips traveling between any given pair of transportation analysis zones. "Trip generation means the number of peak hour trips estimated to be produc�d by the development activity using Institute of Transportation Engineers (ITE), current edition, or other methodology approved by the director. "Trip generation credit" means a reduction in the number of new peak hour trips attributed to an application as described in FWRC 19.90.080, equal to the number of peak hour trips generated on the site described on the application from uses that have had a SEPA analysis prior to the effective date of the ordinance adopting this chapter that have ceased or will cease if the development permit is granted. Ordinance No.09- Page 5 of 10 Section 4. FWRC 19.90.060 is hereby amended to read as follows: 19.90.060 Exempt development. 1) Any development activity or development permit may be exempted from this chapter if the development activity or development permit is deemed by the director to generate no net new trips in the peak hour. 2) The following types of development permits are typically exempt from concurrency management review and the requirements of this chapter because they do not create additional long-term impacts on road facilities. However, if any development permit from the list below generates any net new trips in the peak period, it shall not be exempt from concurrency evaluation. (a) Boundary line adjustrnent; (b) Demolition permit; (c} Electrical permit; (d) Fire protection system permit; (e) Tenant improvements with no change of use; fl Land surface modification; (g) Lot line elimination; (h) Mechanical permit; (i) Plumbing permit; (j) Right-of-way modification; (k) Right-of-way use permit; (1) Sign permit; (m) Single-family remodeling with no change of use; (n) Rezones; (o) Comprehensive plan amendment; (p) Shoreline permit; (q) Commercial subdivisions; (r) Accessorv Dwelling Unit (ADLn (s Bindin,� Site Plan BSP) (t) Business License (u) Use Process I 3) Exemption from concurrency review fees. City-owned facilities shall be exempted from the concurrency review fees. City-owned facilities shall not be exempted from concurrency review and appropriate mitigation, if any. Section 5. FWRC 19.90.130 is hereby amended to read as follows: 19.90.130 Concurrency administration Purpose and procedure. Where either the city or the applicant may perform any part of the concurrency transportation impact analysis, analysis prepared by the applicant is subject to the review and approval of the city at the applicant's expense. The applicant may also review and comment on any analysis prepared by the city. Ordinance No.09- Page 6 of 10 (1) The concurrency management transportation impact analysis may be prepared by the city or the applicant and shall follow the procedure outlined below. Each development permit subject to this chapter shall be analyzed in the order the concurrency application is deemed complete by the director, as described in subsection (2) of this section. Concurrency transportation impact analyses shall be completed sequentially in the arder of receipt of the concurrency application. The most recent concurrency management transportation impact analysis shall be the beginning point for each succeeding concurrency management transportation impact analysis. (2) In performing the concurrency evaluation, the city or the applicant subject to the city's approval shall determine the impact of the traffic generated by the proposed development activity on the city's road system. The evaluation shall be based on data generated by the city, by professional associations, by the applicant and, if needed, by independent analysis. The city shall examine the data to verify that existing and projected trip generation is consistent with the latest version of the ITE's Trip Generation or documented generation for uses not typical of uses in Trip Generation. Upon successful evaluation, the concurrency application will be deemed complete by the director. (3) The city or the applicant shall perform level of service calculations for all applicable intersections affected by the development based upon build-out year conditions with and without the proposed development. The city or the applicant shall determine if the capacity on the city's road facilities, plus the capacity that is or shall be generated by all existing, reserved, and approved development, can be provided while meeting the LOS standards set forth in the comprehensive plan. (4) Technical provisions for each concurrency evaluation shall be prepared in the following format: (a) Project description shall be provided by the applicant in enough detail to accurately determine the scope of analysis required. (b) Analysis scope shall be provided by city after consultation with affected deparkrrients. (c) The city, based on the information supplied by the applicant, shall determine project trip generation. If the applicant provides a detailed trip generation study, that data shall be used for concurrency management traffic impact analysis at the discretion of the public works director. The applicant may also review and comment on a city-prepared calculation of trip generation. (d) Project trip assignment to the street system shall be provided by the city, consistent with the most current and updated travel demand forecasting model. Three levels of analysis are defined based on the number of new trips generated: (i) For applications generating less than 50 peak hour trips, a select zone analysis shall be conducted. (ii) For applications generating 50 peak hour trips or more, but less than 500 peak hour trips, a new trip assignment shall be conducted. (iii) For applications generating 500 or more peak hour trips, a new trip distribution and assignment shall be conducted. (e) Traffic volumes at existing intersections that include background traffic shall be provided by the city. Ordinance No.09- Page 7 of 10 fl The city shall include appropriate through traffic to each affected intersection to obtain a revised traffic assignment for affected roadways and intersections. (g) The applicant or the city, at the applicant's request and expense, in compliance with the latest version of the Highway Capacity Manual, shall complete the capacity analysis, using the city's chosen software. The applicant may review and comment on a city-prepared capacity analysis. (h) After verification of the capacity analysis, the applicant or the city, at the applicant's request and expense, shall prepare the final report. (i) The applicant or the city, at the applicant's request and expense, may propose suggested mitigation measures for any LOS failures identified in the capacity analysis. •ri, t' .7, +t.. ,�i;,.,,...�� ,-o e�� nf„t o o e �7...,it ;j. -_Z.__..' -~-r- 'a 4'� 4 .�.4ri�„4i� r TTD r�r�i 4 4 a i. 4� 04 r� 4r:.� r u v u F+� .i l. �L. .i .i t �„c.;rf ..,:�1. !"�1....«*e,. 47 /17 D!''�7IT a J Y Y Y r Section 6. FWRC 19.90.140 is hereby amended to read as follows: 19.90.140 Concurrency determination letter. The director shall issue a concurrency determination letter to the applicant advising the applicant as to whether available capacity exists. If the applicant is not the property owner, the concurrency determination letter shall also be sent to the property owner. The concurrency determination letter shall identify the application and identify which status is determined to be applicable to the application: approval; approval with mitigation; or denial. (1) Approval with mitigation shall include a recommendation that would provide adequate capacity and a description of the options available to the applicant. These may include: (a) The applicant may agree to construct the recommended mitigation measures at the applicant's cost; (b) The applicant may agree to construct alternative mitigation measures that address the level of service deficiencies, subject to the approval of the director; or (c) The applicant may modify the development proposal to reduce trip generation to within available capacity by any combination of capacity improvements and transportation demand management measures, subject to the approval of the director. (2) Denial. If no appeal is transmitted to the director pursuant to FWRC 19.90.160 within �-430 calendar days after issuance of the determination, the encumbrance shall be released and made available for subsequent applications. Section 7. FWRC 19.90.160 is hereby amended to read as follows: 19.90.160 Appeals. The concurrency determination of the director may be appealed by the applicant or owner using the same process as the underlying development permit application or as provided for in process IV of this title if there is no underlying development permit. The appeal, in the form of a notice of appeal, must be delivered to the department of public works within -�430 calendar days after issuance of the decision of the director. In those cases Ordinance No.09- Page 8 of 10 where the proposed development activity may require a public hearing, the hearings may be combined. Section 8. Severabilit� The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragaph, 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 9. 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 scrivenerlclerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 10. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 11. Effective Date. This ordinance shall take effect and be in force July 1, 2010 as provided by law. PASSED by the City Council of the City of Federal Way this day of 200 CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC Ordinance No.09- Page 9 of 10 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No.09- Page 10 of 10 COi1NCIL MEETING DATE: October 6, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM I°� SUBJECT Ordinance establishing the time of payment, interest and penalties to be imposed on delinquent annual specia( assessments for the North Lake Management District Number Two. POLICY QUESTION Should the City Council adopt an Ordinance establishing the time of payment, interest and penalties to be imposed on delinquent annual special assessments for the North Lake Management District Number Two? COMM[TTEE: Land Use and Transportation Committee MEETING DATE: September 21, 2009 CATEGORY: Consent City Council Business Ordinance Resolution J Public Hearing Other STAFF REPORT BY: William Appleton, P.E. Surface Water Manag� DEp1': Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated September 21, 2009. Options Considered: 1. Adoption of an Ordinance establishing the time of payment, interest and penalties to be imposed on delinquent annual special assessments for the North Lake Management District Number Two. 2. Do not adopt the Ortlinance and provide direction to staff. STAFF RECOMMENDATION Staff recommends Option 1 be forwarded to the October 6 2009 City Council Ordinance Agenda for fust reading. L r C[TY MANAGER APPROVAL: DIRECTOR APPROVAL: Committee �courcil Committee Counc�� COMMITTEE RECOMMENDATION Forward Option 1 to the October 6, 2009 City Council Ordinance Agenda for first readin�. �GC���Se� Linda Kochmar, Chair PROPOSED COUNCIL MOTION: Dini Duclos, Member 1 Reading of Ordinance (October 6, 2Q09): "I move to forward the ordinance to the second reading for enactment on the October 20, 2009 City Council Ordinance Agenda. 2" Reading of Ordinance (Octol�r 20, 2009): `I move to enact the ordinance establishing the time of payment, interest and penalties to be imposed on delinquent annual special assessments for the North Lake Management District Number Two. (BELOW TO BE COMPLETED BYC/TYCLERRS OFFICE) COUNC[L ACTION: APPROVED COUNCILBILL# DENIED l sr TABLED/DEFERRED/N0 ACfION EoaMment readiag MOVED TO SECOND READING (ordinances only) ORDINANCE REU[SED 02/06f2006 RESOLUTION CITY OF FEDERAL WAY MEMORANDUM DATE: September 21, 2009 TO: Land Use and Transportation Committee VIA: Brian Wilson, Interim City Manager FROM• Witliam Appleton, P.E., Surface Water Manager Daniel Smith, Water Quality Program Coordinator SUBJECT: Ordinance establishing the time oJpayment, interest and penalties to be imposed on delinquent annual specia! assessments for the North Lake Mana�ement District Number Two BACKGROUND: On September 1, 2009, City Council adopted Ordinance No. 09-622 creating a lake management district known as North Lake Management District (LMD) Number 2. Pursuant to RCW 36.61.120 and RCW 36.61.140, all notice and hearing requirements for establishing the roll of rates and charges for the LMD have been satisfied. In addition to establishing the roll of rates and charges, an ordinance must be put into place to establish the time of payment, interest and penalties to be imposed on delinquent annual special assessments for the North Lake Management District Number Two. The proposed Ordinance wiil establish May 3 i�` of each year as the due date for all annual assessments, will impose interest in the amount of one-percent 1%) per month on the balance of any delinquent specia( assessments, and establish the penalty for late payment as the minimum allowed by RCW 36.61.200, which is five-percent (5%) of the delinquent special assessment. The Ordinance also allows for a lien to be placed upon those lots, tracts, parce(s of land and other properties in the special assessment rol( that fail to pay their special assessments, penalties and interest. Attachment: Ordinance establishing the time of payment, interest and penalties To be imposed on deiinquent annual special assessments for the North Lake Management District Number Two �.1 _E, iti:�..^� !��i.i=* ::.ricl_�i_ll"}_i,..:i: 2 .,.,�_.i�i u�i�� ORDINANCE NO. AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING THE TIME OF PAYMENT, INTEREST, AND PENALTIES TO BE IMPOSED ON DELINQUENT ANNUAL SPECIAL ASSESSMENTS FOR LAKE MANAGEMENT DISTRICT NO. 2 FOR NORTH LAKE. WHEREAS, on September 1, 2009, the City Council of the City of Federal Way adopted Ordinance No. 09-622 creating a lake management district known as North Lake Management District Number 2 ("District"); and WHEREAS, on 2009, the City Council of the City of Federal Way passed Resolution No. confirming and approving a special assessment roll for the purpose of imposing annual special assessments within North Lake Management District Nuxnber 2; and WHEREAS, pursuant to RCW 35.21.403 and RCW 36.61.200, the City Council of the City of Federal Way must establish by ordinance interest and penalties to be imposed on delinquent annual assessments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Due Date and Interest Penalties on Delinauent Annual Special Assessments. Annual special assessment payments are due on the thirty-first (31) day of May of each year. Interest in the amount of one-percent (1 per month shall be imposed on the balance of delinquent special assessments. Monthly interest shall be charged on the first day of June and each subsequent month. The penalty for late payment shall be the minimum allowed by RCW 36.61.200. Ordinance No.09- Page 1 of 3 Section 2. Lien. Pursuant to RCW 35.21.403 and RCW 36.61.230, special assessments, including penalties and interest, imposed within North Lake Management District No. 2 shall be liened upon the respective lots, tracts, parcels of land, and other property in the special assessment roll, which lien shall be paramount and superior to any other lien or encumbrance theretofore or thereafter created except a lien for general taa�es. The cost associated with filing a lien and any other collection effort will be borne by the property owner. No lien shall extend to public property subjected to special assessments. Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordtnance No.09- Page 2 of 3 Section 6 Effective Date This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 200 CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No.09- Page 3 of 3 COUNCIL MEETING DATE: �r �j� j� ITEM G CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT Amendments to Federal Way Revised Code to meet the Construction Site Runoff Program requirements of the NPDES Phase II Permit (Propo�sed amendments include adoption of the 2009 King County Stormwater Pollution Prevention Manual, the 2008 King County Stormwater Pollution Prevention Manual and the 2005 Low Impact Development Technical Guidance Manual for the Puget Sound). POLICY QUESTION Should Council approve the proposed amendments to the City of Federal Way Revised Code, which are designed to align the City's.construction site runoff program with our NPDES Phase II Permit? COMMITTEE: LAND USE AND TRANSPORTATION COMMITTEE CATEGORY: Consent City Council Business Ordinance Resolution MEETING DATE: June 15, 2009 Public Hearing Other STAFF REPORT BY: William Appleton, P.E., Surface Water Manager/� DEPT: Public Works Background: On June 15`�, 2009, staff brought forward to LUTC an Ordinance crafted to keep the City of Federal Way in compliance with both the construction site runoff and IDDE program requirements in our NPDES Phase II permit. The ordinance had been forwarded to LUTC by the Planning Commission with a recommendation for adoption. On June 17�', the Department of Ecology issued a revision to the NPDES permit, extending the deadline for meeting the construction site runoff program requirements to February 16` 2010, while holding the deadline for implementing the IDDE program requirements unchanged at August 16`�', 2009. In order to take advantage of the deadline extension, staff divided the single ordinance into two, an ordinance addressing the IDDE requirements and one addressing the construction site runoff requirements. The Ordinance addressing the IDDE program changes has since been enacted by Council with an effective date of August 16` 2009. The proposed Construction Site Runoff Ordinance is now being brought before Council for adoption with an effective date of February 16�', 2010. There have been no substantive changes to the original ordinance language as a result of splitting the original Ordinance into two. Attachments: Proposed Ordinance amending City Code to address Construction Site Runoff code changes necessary to meet NPDES Phase II Permit requirements. Memorandum to Land Use and Transportation Committee dated June 15, 2009. Options Considered: 1. Approve the proposed Construction Site Runoff Code Amendments to the Federal Way Revised Code to be effective February 16`�', 2010. 2. Do not approve the proposed Code Amendments to the Federal Way Revised Code and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the September 15, 2009 City Council Ordinance Agenda for first reading. CITY MANAGER APPROVAL: f� IRE TOR APPROVAL: Committee Council Committee Council Committee Recommendation: Forward Option 1 to the September 15, 2009 City Council Ordinance Agenda for first reading. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: 1 St Reading of Ordinance (September 15` 2009): "I move to forward the ordinance to the second reading for the enactment on the October 6�', 2009 City Council Ordinance Agenda." 2 Reading of Ordinance (October 6`�, 2009): "I move for approval of the LUTC's recommendation to adopt the proposed code amendments necessary to meet the requirements the NPDES Phase II Permit." BELOW TO BE COMPLETED BYCITYCLERKS OFFICE COUNCIL ACTION: O p APPROVED COUNCIL BILL DEIYIED 1sT reading TABLED/DEFERRED/NO AC1'ION Enactment reading MOVED TO SECOND READING (ordirrances only) ORDINANCE REVISED 02/06/2006 RESOLUTION ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to National Pollutant Discharge Elimination System Phase II Permit requirements; amending FWRC Chapter 13.15, "Building Construction Standards", Chapter 14.25, "Environmental Policy Statements", Title 16, "Surface Water Management", Chapter 18.60, "Subdivision Improvements", Chapter 19.05, Zoning and Development in General", Chapter 19.125 Outdoors, Yards, and Landscaping", Chapter 19.135, "Development Improvements" and Chapter 19.120, "Clearing, Grading and Tree and Vegetation Retention"; and adding new sections to FWRC 16.50 Discharges to Federal Way Waters and Storm Drainage Systems. (Amending Ordinance Nos. 07-563, 04-468, 09-593, 99-352, 90-43, 09-597, 07-554, 09-610 and 07-559) WHEREAS, the Washington State Department of Ecology issued the Western Washington Phase II Municipal Stormwater Permit (NPDES Permit) on January 17, 2007 pursuant to the requirements of the Federal Clean Water Act National Pollutant Discharge Elimination System (NPDES); and WHEREAS, the NPDES Permit requires effected cities and counties, such as Federal Way, to develop a Stormwater Management Program consistent with the terms of the NPDES permit.; and WHEREAS, the City recognizes the need to periodically modify its development code language within Federal Way Revised Code (FWRC), 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, the City needs to make both programmatic and regulatory modifications in order to meet the requirements of the NPDES Permit, including revisions to development regulations and regulatory manuals referenced or contained within Titles 13, 14, 16, 18 and 19; and Ordinance No. 09- Page 1 of 41 Rev 3/09 WHEREAS, this ordinance, containing amendments to the text of Titles 13, 14, 16, 18 and 19 of the Federal Way Revised Code (FWRC), has complied with Process VI review, Chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and; and WHEREAS, the Planning Commission of the City of Federal Way conducted a study session on these code a�nendments on May 6,2009; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on May 20, 2009, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use and Transportation Committee of the City Council of the City of Federal Way held a public hearing on the proposed code amendments on June 15, 2009, and recommended adoption of the text amendments as recommended by the Planning Commission; and WHEREAS, an Environmental Determination of Non-Significance (DNS) was issued for the proposed code amendments pursuant to the State Environmental Policy Act (SEPA) on April 1 l, 2009 and no comments or appeals were received, and the DNS was finalized on May 1 l, 2009; WHEREAS, the proposed regulatory code amendments will serve to better protect the City's natural water resources (i.e. lakes, streams, wetlands and the Puget Sound) in terms of both water quality and water quantity; and WHEREAS, the City Council of the City of Federal Way find it in the best interest of the City to modify the regulatory code to meet the NPDES Permit requirements and that amending these sections bears a substantial relationship to the public health and safety, or welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive plan; and is in the best interest of the residents of the City; Ordinance No.09- Page 2 of 41 Rev 3/09 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by: providing stormwater regulations consistent with regional standards; establishing additional stormwater management techniques in the form of low impact development; and providing improved protection to our natural waterways. (b) These code amendments comply with Chapter 36.74A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Titles 13, 14, 16, 18 and 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the �/Z� Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: Ordinance No.09- Page 3 of 41 Rev 3/09 LUG1 Improve the appearance and function of the built environment. LUP6 Conduct regular reviews of the development regulations to determine how to improve upon the permit review process. LUP19 Consider special development techniques (e.g., lot size averaging, cottage housing, and planned unit developments) in single-family areas, provided they result in residential development consistent with the quality and character of existing neighborhoods. LUP20 Preserve site characteristics that enhance residential development (trees, water-courses, vistas, and similar features) using site planning techniques such as clustering, planned unit developments, and lot size averaging. 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 FWRC, and tkat has no adverse impacts. HP 19 Increase the amount of undeveloped open spaces in both infill and new development parcels, by expanding the use of cluster development and allowing housing techniques such as lot averaging, and zero lot line standards. NEG1 To preserve the City's natural systems in order to protect public health, safety, and welfare, and to maintain the integrity of the natural environment. NEP2 Preserve and restore ecological functions, and enhance natural beauty, by encouraging community development patterns and site planning that maintains and complements natural landforms. NEP 18 The City shall maintain regulations and standards to carry out the Surface Water Management Comprehensive Plan's policy of restricting stormwater runoff from all new development and redevelopment in order to minimize the potential for flooding and stream bank erosion, and preserve and enhance development and redevelopment. City policies, regulations, and standards will meet the comprehensive stormwater program requirements of the Puget Sound Plan, and will comply with NPDES permit requirements as applicable. (b) The proposed FWRC amendments bears a substantial relationship to the public health, safety, and welfare because the proposed regulatory code amendments will serve to better Ordinance No. 09- Page 4 of 41 Rev 3/09 protect the City's natural water resources (i.e. lakes, streams, wetlands and the Puget Sound) in terms of both water quality and water quantity. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they bring the City of Federal Way in compliance with Federal NPDES requirements and provide improved environmental protection to our natural waterways. Section 3 FWRC 13.15.020 "Amendments." shall be amended to read as follows: 13.15.020 Amendments. The following amendments to the Code adopted in FWRC 13.15.010 are hereby adopted: (1) Section R105.2 is amended to read as follows: Work exempt from permit. Permits shall not be required for the following activities except when the work occurs in a regulated area, including but not limited to steep slopes, critical areas, buffers and wetlands. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. (2) Section R105.2 item 1 is amended to read as follows: One-story detached accessory structures used as tool and storage sheds, playhauses and similar uses, provided the floor area does not exceed 200 square feet (18.58 sq. m.). (3) Sections 105.3.2 and R105.3.2 are amended to read as follows: An application for a permit for any proposed work shall be deemed abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. (4) Sections 106.1.1 and R106.1.1 are amended and supplemented by the addition of a new paragraph to read as follows: The applicant must supply as much information as required to provide an accurate environmental disclosure. (5) Sections 106.4 and R106.4 are amended and supplemented by the addition of new sections to be known as 106.4.1 and R106.4.1, respectively, to read as follows: Amended Permit. When the size of the building is increased or the scope for which the permit was issued is changed, the building official may amend the building permit. When such fees specified in sections 108 and R108 have been paid and when changes to the plans and application are approved, the building official sha11 issue an"amended permit," which includes the approved changes as well as the original plans and specifications. The issuance of such amended permit shall void the original permit. Ordinance No.09- Page S of 41 Rev 3/09 (6) Sections 110.1 and Rl 10.1 are amended and supplemented by the addition of a second paragraph to read as follows: Buildings or other projects authorized by a building permit that do not require a certificate of occupancy in order to be occupied shall not be occupied until such permit has written final approval from the building inspector as authorized by the building officiaL (7) Sections 110.3 and Rl 10.3 are amended in their entirety to read as follows: Limited Access Agreement. Limited use may be granted for any building not yet issued a Certificate of Occupancy pursuant to sections 110.1 or Rl 10.1 through a properly executed Limited Access Agreement. (8) Sections 112.1 and R112.1 are amended in their entirety to read as follows: General. Appeals of decisions or determinations made by the building official relative to the application and interpretation of this Code, except orders, rulings or decisions pertaining to enforcement of this Code, shall be made to the hearing examiner pursuant to FWRC 13.05.060. (9) Sections 112.2 and R112.2 are amended in their entirety to read as follows: Limits of authority. The hearing examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearing examiner be empowered to waive any requirements of this Code. (10) Sections 112.3 and R112.3 are deleted in their entirety. (11) Sections 113.2 and R113.2 are amended in their entirety to read as follows: Occupancy violations. Whenever any building or structure or equipment therein regulated by this Code is being used contrary to the provisions of this Code, the building official may, by issuance of an order to cease activity under the FWRC 1.l 5.030, order such use discontinued and the structure, or portion thereof, vacated. (12) Sections 114.1 and R114.1 are amended in their entirety to read as follows: Orders to cease activity. Whenever any work is being done contrary to the provisions of this Code, or other pertinent laws or ordinances implemented through the enforcement of this Code, the building official may order the work to cease by issuance of an order to cease activity pursuant to the FWRC 1.15.030. (13) Sections 114.2 and Rl 14.2 are amended to read as follows: Issuance. The order to cease activity shall be in writing and given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of an order to cease activity, the cited activity shall immediately cease. The order to cease activity shall state the reason for the order, and the conditions under which the cited activity will be permitted to resume. (14) Sections 114.3 and R114.3 are amended to read as follows: Unlawful continuance. Any person who shall continue any activity after having been served with an order to cease activity, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. (15) Section 1008.1.8.3 is amended by the deletion of exception 2.1. (16) Section R313.2.1 is amended by the addition of exception 3 to read as follows: Ordinance No. 09- Page 6 of 41 Rev 3/09 Remodels which do not add bedrooms and have a construction valuation of less than $20,000 may use battery operated smoke alarms in existing areas of the structure which are not affected by the permitted work. (17) Sections 1807.4.3 and R405.1 are amended in their entirety to read as follows: Drainage. Provisions shall be made for the control and drainage of surface water around buildings. Adequate provisions shall be made to ensure that underfloor spaces remain free of running or standing water. As a minimum, such drains shall be installed around the perimeter of the building at the footings. Additional drains may be required in the underfloor space. The drainpipes shall be of sufficient size to adequately convey water to an approved location, but shall not be less than four inches in diameter. Provisions shall be made to prevent the drainage system from becoming blocked with soil. The building official may waive the provisions of this section when soils appear to adequately drain the site and no water will stand or run under the building. �l 8 Clearing and gradin� activities shall be reviewed under FWRC Title 19, Chapter 19.120. Clearin� Gradin� and Tree and Ve�etation Retention as well as Appendix Chapter J of the International Buildin� Code. All clearing and g,rading approvals are subject to the provisions of the Surface and Stormwater Management Chapter of Federal Wav Citv Code. (Ord. No. 07-563, 1(A), 10-16-07; Ord. No. 04-465, 6, 10-5-04; Ord. No. 99-342, 6, 5-4- 99; Ord. No: 95-234, 1, 6-6-95; Ord. No. 92-143, 3-12, 6-16-92; Ord. No. 90-48, l, 3- 20-90; Ord. No. 90-33, 8— 25, 2-13-90. Code 2001 5-67.) Section 4. FWRC 14.25.070 "State Environmental Policy Act policies." shall be amended to read as follows: 14.25.070 State Environmental Policy Act policies. (1) The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city. (2) The city designates and adopts by reference the policies in this section as the basis for the city's exercise of authority under this chapter. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may: (a) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (b) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings; (c) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences; (d) Preserve important historic, cultural, and natural aspects of our national heritage; Ordinance No.09- Page 7 of 41 Rev 3/09 (e) Maintain, wherever possible, an environment which supports diversity and variety of individual choice; fl Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and (g) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. (3) The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. (4) The city adopts by reference the following city codes, ordinances, resolutions, plans and policies as now exist or as may hereinafter be amended or superseded: (a) The Federal Way Comprehensive Plan; (b) The Federal Way Revised Code and documents adopted by reference therein, including without limitation the following titles: (i) Zoning (FWRC Title 19) and the official zoning map; (ii) Subdivisions (FWRC Title 18); (iii) Surface and Stormwater Management (FWRC Title 16); (iv) Shoreline Regulation and the Shoreline Management Master Program (FWRC Title 15); (v) Methods to Mitigate Development Impacts (FWRC Title 19, Division IIn; and (vi) Solid Waste (FWRC Title 11); (c) The Shoreline Management Guide Book (DOE); (d) The Washington State Flood Reduction Plan (1993 DCD); (e) Ordinances relating to Surface Water Runoff and Surface Water Management; fl The Lakehaven Utility District Comprehensive Sewer System Plan; (g) The Lakehaven Utility District Comprehensive Water System Plan; (h) The Federal Way Comprehensive Parks, Recreation, and Cultural Services Plan; (i) The Federal Way Fire Department Long Range Plan;. (j) The Federal Way School District Number 210 Capital Facilities Plan; (k) The Code of the King County Board of Health; (1) The Executive Proposed Basin Plan Hylebos Creek and Lower Puget Sound, King County Surface Water Management, July 1991; (m) The King County County-Wide Planning Policies, to the extent currently adopted� by the Federal Way city council, and as may be adopted hereafter; (n) The 2001 King County Final Comprehensive Solid Waste Management Plan; (o) The Federal Way Comprehensive Surface Water Management Plan; (p) Washington State Shoreline Management Act of 1971; (q) The Puget Sound Water Quality Management Plan; (r) The King County Division of Parks and Recreation Play Area Design and Inspection Handbook; (s) The Sea-Tac International Airport Impact Mitigation Study, February 1997, prepared by Hellmuth, Obata and Kassabaum, Inc., and Raytheon Infrastructure Services, Inc., under a grant from the state of Washington; Ordinance No.09- Page 8 of 41 Rev 3/09 (t) The Washington State Department of Transportation Pavement Guide, February 1995; (u) The Highway Capacity Manual, Special Report 209, Transportation Research Board, 1997; (v) The Institute of Transportation Engineers, Trip Generation, Sth Edition, 1991; (w) The King County Surface Water Design Manual (KCSWDM) and the Federal Way Addendum to the KCSWDM; (x) The Stormwater Management Manual for the Puget Sound Basin, Washington State Department of Ecology, August 2001; (y) The King County Stormwater Pollution �e� Prevention Manual and Best Management Practices (BMP manual); (z) The J.anuary 2002 URS Federal Way Stream Inventory; and (aa) Planning documents not specifically listed above but referenced in the environmental analysis of the city's comprehensive plan. (Ord. No. 04-468, 3, 11-16-04; Ord. No. 00-365, 3, 3-7-00; Ord. No. 95-246, 2, 11-21-95; Ord. No. 93-202, 1, 12-21-93; Ord. No. 93-184, 1, 8-17-93; Ord. No. 92-140, 3, 6-2-92; Ord. No. 92-137, 1, 5-5-92; Ord. Na 92-136, 3, 4-21-92; Ord. No. 92-130, 3, 3-17-92; Ord. No. 91-114, 3, 12-3-91; Ord. No. 91-109, 2, 9-17-91; Ord. Na 90-40, 1(20.230.10, 20.230.20}, 2-27-90. Code 2001 18-122.) Section 5 FWRC 16.05.110 "K definitions." shall be amended to read as follows: 16.05.110 K defnitions. "King County Stormwater Pollution �e�e� Prevention Manual (KCSP�PM) also described as the "BMP manual," means the document prepared by King County and adopted by Federal Way, that describes best management practices, design, maintenance, procedures, and guidance. "King County Surface Water Design Manual (KCSWDM) means the manual (and supporting documents as appropriate) describing surface and stormwater design and analysis requirements, procedures, and guidance, and which is formally adopted herein by the city of Federal Way. The King County Surface Water Design Manua1 will be available from the King County department of development and environmental services or the department of natural resources. (Ord. No. 09-593, 22, 1-6-09; Ord. No. 99-352, 3, 11-16-99. Code 2001 21-1.1 l.) Section 6 FWRC 16.05.120 "L definitions." shall be amended to read as follows: 16.05.120 L de�nitions. `Zake means an area permanently inundated by water in excess of two meters (seven feet) deep and greater than 20 acres in size as measured at the ordinary high water mark. `Zandslide" means episodic downslope movement of a mass of soil or rock and includes but is not limited to rockfalls, slumps, mudflows, and earthflows. Ordinance No.09- Page 9 of 41 Rev 3/09 `Zeachable materials, wastes, or chemicals means those substances which, when exposed to rainfall, measurably alter the physical or chemical characteristics of the rainfall runoff; examples include erodible soil, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, garbage dumpster leakage, etc. "Low impact development" (LID) means a stormwater management strategy that emphasizes conservation and use of existin� features inte�rated with distributed, small-scale stormwater controls to more closely mimic natural hydrolo�ic �atterns in residential, commercial, and industrial settin�s. (Ord. No. 09-593, 22, 1-6-09; Ord. No. 99-352, 3, 11-16-99. Code 2001 21-1.12.) Section 7 FWRC 16.05.180 "R definitions." shall be amended to read as follows: 16.05.180 R definitions. "Receiving waters" means bodies of water or surface water systems receiving water from upstream manmade or natural systems. "Redevelopment" For the purposes of determinin wg ater qualitv review requirements "redevelopment" means, on an already developed site_, the creation or addition of impervious surface; the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling, where the structural development exceeds 54 percent of the assessed or appraised value of the structure or improvement being redeveloped; the repair or replacement of impervious surface that is not part of a routine maintenance activity; a change of use which has a potential to release a new pollutant(s) to the city's surface water systems; or land disturbing activities associated with the creation, repair, replacement, or addition of impervious surface. For the purposes of determinin� flow control and other stormwater review requirements, the definition of "redevelopment project" identified in the KCSWDM applies. "Regional retention/detention system" means a stormwater quantity control structure designed to prevent or correct existing or future excess surface water runoff problems of a basin or sub-basin. The area downstream has been previously identified as having existing or predicted significant and regional flooding and/or erosion problems. This term is also used when a detention facility is used to detain stormwater runoff from a number of different businesses, developments or areas within a catchment. "Retention" means the process of collecting and holding surface and stormwater runoff with no surface outflow. Ordinance No.09- Page 10 of 41 Rev 3/09 "Retention/detention facility (R/D)" means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground; or to hold surface and stormwater runoff for a short period of time and then release it to the surface and stormwater conveyance system. "Run-on or blow-in of rainfall" means stormwater from uphill that could regularly run through an area, or rainfall that could regularly be blown in and wet the pavement surface. (Ord. No. 09-593, 22, 1-6-09; Ord. No. 99-352, 3, 11-16-99. Code 2001 21-1.18.) Section 8. FWRC 16.15.010 "Regulated activities." shall be amended to read as follows: 16.15.010 Regulated activities. The following projects or activities are subject to the provisions of this title, unless exempted in FWRC 16.15.020 �e�ev�: (a) Single-family residential a°��°'� �=�°�L°; or (b) Projects that add �2,000 square feet or more of new impervious surface, replaced impervious surface or new plus ret�laced impervious surface; or Projects tha�ropose 7 000 square feet or more of land disturbin ag ctivitY; or (sd) Projects that propose to construct or modify a drainage pipe/ditch that is 12 inches or more in size/depth, or receives surface and stormwater runoff from a drainage pipe/ditch that is 12 inches or more in size/depth; or �a��ee�t�e�t-�i��dj-�sc���e-�-r�€l���x�t�ea�-r, �2�f�Sr'��$ °"'�:rrt�'b�c -�cc^c-m-c °irii@��1��r •r;.�v� n .,.,a i� r aa•+• o�,.,.,;,,,, c nnr�,.,,.,,.o c e� �zuvmsairicic ii2A� ��e����sq�--€ee�-en ,.�.,e., ��.o o �.,,;,a;�,. „��.,o,. �,,..,,.,,,..o t.<, c nnn o� o+ „o e (�e� Collection and concentration of surface and stormwater runoff from a drainage area of mare than 5,000 square feet; or (e� Projects which contain, are adjacent to or directly discharge to a floodplain, stream, lake, wetland, or closed depression, groundwater rechazge area, or other water quality sensitive area, or a receivin� water with a documented water qualit�problem as determined by the public works director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to Ordinance No.09- Page 11 of 41 Rev 3/09 submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; or (€g) Projects that involve a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s) means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; or (�h) D°a°•�°'^ Projects other than normal maintenance or other than tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement �e�g�e�e�; or a,,,.,,,,...o„+oa .,,,�o,. „..t;�.,.,.,.l.�o,�.•, ao*o,-..,;�oa 1...+t,e r„t,t.,. .ir�. v� a:..o„�,.,•..�vi_v�u.�i� .a ,..t., .,+o .,1;�. .a..+., �,-:1+0 ,�..�7;..<. �+o e vnirn=ccp� cvi�jccurrc�ziroirrcvi-rrr� «to,�.o„+0.7 1...+L,o .7;,.0,.�,,, �„1.,, .,f'., ,.e.le.>el.,,„�,oY,f «1;...,�;.,�, �i Project pro�osin� $100,000 or more of improvements to an existing use site. jNote: the dollar amount indicated can be adjusted based on the consumer price index as identified in the KCSWDM in section 1.1.1.1 Redevelopment proi ects that are subj ect to water qualit�improvements ma�phase construction of the improvements as described in FWRC 19.30.120, Non-conforming water qualitv. (Ord. No. 99-352, 3, 11-16-99. Code 2001 21-6.) Section 9. FWRC 16.20.010 "Manuals and addendum adopted." shall be amended to read as follows: 16.20.010 Manuals and addendum adopted. The 2009 King County Surface Water Design Manual (KCSWDM), the Federal Way Addendum to the King County Surface Water Design Manual, the King County Stormwater Pollution Prevention Manual, and the latest edition of the LID Technical Guidance Manual for Puget Sound as they exist on the effective date of the ordinance codified in this chapter or as hereafter amended, are hereby adopted by this reference. They are referred to in this title respectively as the KCSWDM, Federal Way Addendum, LID Manual and the KCSPEPM. (Ord. Na 99-352, 3, 11-16-99. Code 2001 21-9.) Ordinance No. 09- Page 12 of 41 Rev 3/09 Section 10. FWRC 16.20.020 "Stormwater best management practices (BMPs)". shall be amended to read as follows: 16.20.020 Stormwater best management practices (BMPs). (1) General. BMPs, as specified in the KCSWDM, KCSPEPM, and the LID Manual, shall be used to control pollution from stormwater, and to comply with the standards in this title. (2) Experimental BMPs. In those instances where appropriate BMPs are not specified in the KCSWDM, KCSPEPM, and the LID Manual, experimental BMPs should be considered. Experimental BMPs are encouraged as a means of solving problems in a manner not addressed by the KCSWDM, KCSP�PM, and the LID Manual in an effort to improve stormwater quality technology. Experimental BMPs must be approved by the director of public works prior to construction. (Ord. No. 99-352, 3, 11-16-99. Code 2001 21-10.) Section 11. FWRC 16.25.010 "Core and special requirements." shall be amended to read as follows: 16.25.010 Core and special requirements. Depending on the type of drainage review required, as described in FWRC 16.25.020, one or more core or special requirements shall be met. The core and special requirements, described below, are also described in detail in the KCSWDM and Federal Way Addendum adopted by reference in FWRC 16.20.010. (1) Core requirements. (a) Core Requirement #1— Discharge at the Natural Location. All surface and stormwater runoff from a project must be discharged at the natural location so as not to be diverted onto or away from downstream properties. The manner in which runoff is discharged from the project site must not create a significant adverse impact to downhill properties or drainage systems. (b) Core Requirement #2 Off-Site Analysis. All proposed projects must submit an off-site analysis report that assesses potential off-site drainage impacts associated with development of the project site and proposes appropriate mitigations of those impacts. The initial permit submittal shall meet the requirements outlined in ��e,-a� the KCSWDM and the Federal Way Addendum. (c) Core Requirement #3 Flow Control. All proposed projects, including redevelopment projects, must provide on-site flow control facilities to mitigate the impacts of increased storm and surface water runoff generated by the addition of new impervious surface, new pervious surface and replacement impervious surfaces �ra These facilities shall, at a minimum, meet the performance Ordinance No.09- Page 13 of 41 Rev 3/09 criteria for one of the area-specific flow control standards and be implemented according to the applicable flow control implementation requirements described in the KCSWDM Flow control BMP's must be provided as directed in the KCSWDM. (d) Core Requirement #4 Conveyance System. All engineered conveyance system elements for proposed projects must be analyzed, designed, and constructed to provide a minimum level of protectiori against overtopping, flooding, erosion, and structural failure as specified in the KCSWDM a�' a r�� �xT.,., n aao,,,a,,,,.,. (e) Core Requirement #S Erosion and Sediment Control. All proposed projects that will clear, grade, or otherwise disturb the site must provide erosion and sediment controls to prevent, to the maximum extent possible, the transport of sediment from the project site to downstream drainage facilities, water resources, and adjacent properties. To prevent sediment transport, erosion and sediment control (ESC) measures that are ��ropriate to the project site must be applied and performed as described in the KCSWDM. a a t, ro,.� ao�,.,.;�,oa rw„��o.. c� �r.�,o �eao,..,� �x�.,., n aao„a,,,,., ��,e Trrc�arr,r�r. goth temporary and permanent erosion and sediment controls shall be implemented as described in the KCSWDM z'�aa....� �x�,,., n aao„a,,,.... �t,o rrr Core Requirement #6 Maintenance and Operations. Maintenance and operation of a11 drainage facilities is the responsibility of the applicant or property owner, except those facilities for which Federal Way is granted an easement, tract, or right-of-way and officially assumes maintenance and operation as described in the KCSWDM Drainage facilities must be maintained and operated in compliance with Federal Way maintenance standards. (g) Core Requirement #7 Financial Guarantees and Liability. All drainage facilities constructed or modified for projects (except downspout infiltration and dispersion systems), and any work performed in the right-of-way, must comply with the financial guarantee requirements in FWRC Title 19. (h) Core Requirement #8 Water Quality. All proposed projects, including redevelopment projects, must provide water quality (WQ) facilities to treat the runofffrom new and/or replaced pollution-generating impervious surfaces and pollution-generating pervious surfaces. Redevelopment projects may also be recLuired to provide WQ facilities to treat existin�pollution-Qenerating impervious surfaces. �kese W� facilities shall be selected tx�n ,.,.,o..�� ao�,.ri�.oa r_�,,.r,.o,. Q ..�*,,e a �i. �ar��aia�. Y'�_ �oao,..,, �x�.,., n aao„a,,,,, ��,e Trrc�xr� and implemented according to the l..i �x�n ie,...,er+„�;,.r rt,.,..�or_i Q ,.�.�,e �oao....� �x�.,., 0 0 0 KCSWDM. (2) Special requirements. (a) Special Requirement #1— Other Adopted Area Specific Requirements. King County has developed several types of area-specific plans and regulations that contain requirements for drainage design. These regulations include critical drainage areas, master drainage plans, basin plans, lake management plans, and shared facility Ordinance No.09- Page 14 of 41 Rev 3/09 drainage plans. In some cases, these plans and regulations could overlap with the city of Federal Way's jurisdictional area. The Hylebos Creek and Lower Puget Sound Basin Plan is the only one of these area- specific regulations that currently affects Federal Way. King County developed this basin plan which recommends specific land uses, regional capital projects, and special drainage requirements for future development within the Hylebos and lower Puget Sound basin. The drainage requirements of adopted area-specific regulations such as basin plans shall be applied in addition to the drainage requirements of the KCSWDM and Federal Way Addendum unless otherwise specified in the adopted regulation. Where conflicts occur between the two, the drainage requirements of the adopted area-specific regulation shall supersede those in the KCSWDM and Federal Way Addendum. (b) Special Requirement #2 Floodplain/Floodway Delineation. Floodplains and floodways are subject to inundation during extreme events. The 100-year floodplains are delineated in order to minimize flooding impacts to new development and to prevent aggravation of existing flooding problems by new development. Regulations and restrictions concerning development within a 100-year floodplain are found in Federal Way's environmentally sensitive areas and flood hazard regulations. If an approved flood hazard study exists, then it may be used as the basis for delineating the floodplain and floodway boundaries provided the study was prepared in a manner consistent with the KCSWDM and other Federal Way flood hazard regulations. If an approved flood hazard study does not exist, then one sha11 be prepared based on the requirements described in Chapter 4.4.2 of the KCSWDM, "Floodplain/Floodway Analysis." (c) Special Requirement #3 Flood Protection Facilities. Developing sites protected by levees, revetments, or berms requires a high level of confidence in their structural integrity and performance. Proper analysis, design, and construction is necessary to protect against the potentially catastrophic consequences if such facilities should fail. The applicant is required to demonstrate conformance with FEMA regulations using the methods specified in Chapter 4.4.2 of the KCSWDM �'°a°~� In addition, certain easement requirements (outlined in Chapter 4.1 of the KCSWDM �°a°-�' `x'^•� "aa° must be met in order to a11ow city access for maintenance of the facility. (d) Special Requirement #4 Source Control. Water quality source controls, many of which are listed in the KCSPEPM and the LID Manual, prevent rainfall and runoff water from coming into contact with pollutants, thereby reducing the likelihood that pollutants will enter public waterways and violate water quality standards. When applicable, structural source control measures, such as car wash pads or dumpster area roofing, shall be shown on the site improvement plans submitted for engineering review and approval. Other nonstructural source control measures, such as covering storage piles with plastic or isolating areas where pollutants are used or stored, are to be implemented after occupancy and need not be addressed during the plan review Ordinance No.09- Page 1 S of 41 Rev 3/09 process. All commercial and industrial projects (irrespective of size) undergoing drainage review are required to implement applicable source controls. (e) Special Requirement #S Oil Control. Projects proposing to develop or redevelop a high-use site must provide oil controls in addition to any other water quality controls required by this manual. Such sites typically generate high concentrations of oil due to high traffic turnover or the frequent transfer of oil. (Ord. No. 99-352, 3, 11-16-99. Code 2001 21-12.) Section 12. FWRC 16.25.020 "Drainage review." shall be amended to read as follows: 16.25.020 Drainage review. (1) When required. Drainage review is required for any proposed project, including new development and redevelopment (except for those proposing only routine maintenance, repair, or emergency modifications) which is or includes a regulated activity under FWRC 16.15.010, and for which city approval, including but not limited to any approval listed in FWRC 16.15.030, is required. (2) Type of drainage review required. One of the following �ee four types of drainage review will be required, depending on the project; provided, however, that a project which qualifies for small site drainage review may also require targeted drainage review if the requirements for targeted drainage review are met: (a) Small site drainage review. Small site drainage review is required for single-family residential or subdivision projects that will result in 2,000 square feet or more of new impervious surface replaced surface or new plus replaced impervious surface or 7,000 sauare feet or more of land disturbin ag ctivitv, AND that meets one of the followin� criteria: t� r ���-t�,:�3-}�e�cer��rt�e-s}t �i The project will result in no more than 10,000 square feet of total impervious surface added on or after Januarv 8, 2001, no more than 5,000 square feet of new impervious surface and no more than 35,000 square feet of new pervious surface, OR (ii) The proiect will result in no more than 10,000 square feet of total impervious surface added on or after Januarv 8, 2001, and its new pervious surface area will be no more than 35 000 square feet minus 3.25 times the area of new impervious surface bein�proposed b��proiect for sites larger than 22,000 square feet, a factor of 2.25 may be used instead of 3.25). Compliance shall be demonstrated through the implementation of an approved small site drainage plan and a small site erosion and sediment control plan. Detailed design specifications and submittal requirements are presented in Appendix C of the KCSWDM, titled: "Small Site Drainage Requirements." (b) Full drainage review. Full drainage review is required for any proposed project, including a redevelopment aa� c�� GGTTCIICCC"GCC[�TTUCTV i aav.• Ordinance No.09- Page 16 of 41 Rev 3/09 �°.project as determined in FWRC 16.15.010, AND meets one or more of the following criteria: (i) The project will result in 2,000 square feet or more of new impervious surface, renlaced impervious surface or new plus replaced impervious surface, but is not subject to Small Project Drainage Review as determined in FWRC 16.25.020. �ii) The project will result in 7,000 square feet or more of land disturbin ag ctivitv but is not subject to Small Project Draina�e review per FWRC 16.25.020. (iii) The project is a redevelopment �roiect on a parcel or combination of parcels in which the total of new, plus replaced impervious surface is 5,000 square feet or more and whose valuation of proposed improvements (including interior improvements and excludin required miti�ation and frontage improvements) exceeds 50% of the assessed value of the existin�parcel improvements. If full drainage review is required, then the applicant must demonstrate that the proposed project complies with the following requirements: (i) All core requirements specified in FWRC 16.25.010. (ii) All special requirements specified in FWRC 16.25.010. �c,� Large project drainage review. Large nroject drainage review is applied to develonment proposals that are large and/or involve resources or problems of a special sensitivity or complexity. Lar e project drainage review is required for an�proposed project that is subject to draina�e review as determined in FWRC 16.15.010 AND that meets any one of the following criteria: �,i The project would, at full build-out, result in 50 acres or more of new impervious surface within a single subbasin or multiple subbasins that are hvdraulicallv connected across subbasin boundaries, OR (ii) The project site is 50 acres or more (includin�growth reserve areas) within a critical aquifer recharge area• If Large Project Draina�e Review is required, compliance shall be achieved throu�h the implementation of the scope of requirements as specified in Section 1.1.2.4, Lar�e Project Drainage Review, of the KCSWDM. (s1� Targeted drainage review. Targeted drainage review is required for any proposed projects, including redevelopment projects, that are subject to drainage review but are not subject to full drainage review, and which fall into one or more of the following rp oiect categories e€�ejes�s: TDR Category #1: Projects that contain or are adjacent to floodplains or envirorunentally sensitive areas; OR proj ects that propose 7,000 square feet (1 acre if in Small Project Drainage Review) or more of land disturbin ag ctivitv. TDR Category #2: Projects proposing to construct or modify a drainage pipe/ditch that is 12 inches or larger in size/depth or receives runoff from a draina�`pipe/ditch that is 12-inches or more in size/depth. TDR Category #3: Redevelopment projects as defined in FWRC 19.30.120 If targeted drainage review is required, then the applicant must demonstrate that the proposed project complies with the selected core and special requirements Ordinance No. 09- Page 17 of 41 Rev 3/09 corresponding to the appropriate category or categories of project that best match the proposed project. The specific requirements for each TDR category are as follows: (i) TDR Project Category #1. (A) The following requirements apply to TDR Category #1 projects, but may have exemptions or thresholds that preclude or limit their application to a specific proj ect: (n Core Requirement #5 Erosion and Sediment Control. (II) Special Requirement #1 Other Adopted Area-Specific Requirements. (III) Special Requirement #2 Floodplain/Floodway Analysis. (IV) Special Requirement #3 Flood Protection Facilities. (V) Special Requirement #4 Source Control. (B) The following requirements may be applied to projects in TDR Category #1 at the discretion of public works based on site-specific conditions: (I) Core Requirement #1 Discharge at the Natural Location. (II) Core Requirement #2 Off-Site Analysis. (III) Core Requirement #3 Flow Control. (N) Core Requirement #4 Conveyance System. (V) Core Requirement #6 Maintenance and Operations. (VI) Core Requirement #7 Financial Guarantees and Liability. (VI� Core Requirement #8 Water Quality. (ii) TDR Project Category #2. (A) The following requirements apply to projects in TDR Category #2: (I) Core Requirement #1 Discharge at the Natural Location. (II) Core Requirement #2 Off-Site Analysis. (IIn Core Requirement #4 Conveyance System. (IV) Core Requirement #5 Erosion and Sediment ControL (V) Core Requirement #6 Maintenance and Operations. (B) The following requirements apply to projects in TDR Category #2, but have exemptions or thresholds that may preclude or limit their application to a specific project: (I) Core Requirement #7 Financial Guarantees and Liability. (II) Special Requirement #4 Source ControL (iii) TDR Project Category #3. (A) The following requirements apply to the projects in TDR Category #3: (I) Core Requirement #1 Discharge at the Natural Location. (In Core Requirement #5 Erosion and Sediment Control. (III) Core Requirement #6 Maintenance and Operations. (B) The following requirements apply to projects in TDR Category #3, but have exemptions or thresholds that may preclude or limit their application to a specific project: Core Requirement #7 Financial Guarantees and Liability. (I� Core Requirement #8 Water Quality. (III) Special Requirement #4 Source Control. Ordinance No.�09- Page 18 of 41 Rev 3/09 (N) Special Requirement #5 Oil Control. (Ord. No. 99-352, 3, 11-16-99. Code 2001 21-13.) Section 13. FWRC 16.30.020 "Types of adjustments." shall be amended to read as follows: 16.30.020 Types of adjustments. There are €e�five types of adjustments, as follows: (1) Standard adjustments; (2) Complex adjustments; Preapplication adjustments; (�4) Experimental design adjustments; (45) Blanket adjustments. The appropriate use for each adjustment type is described in the KCSWDM �e�e�-�}� (Ord. No. 99-352, 3, 11-16-99. Code 2001 21-18.) Section 14. FWRC 16.30.030 "Authority." shall be amended to read as follows: 16.30.030 Authority. The director shall have authority to approve or deny a11€e��five types of adjustments for any regulated activity requiring drainage review under this title. (Ord. No. 99-352, 3, 11-16-99. Code 2001 21-19.) Section 15. FWRC 16.30.040 "Criteria for granting adjustments." shall be amended to read as follows: 16.30.040 Criteria for granting adjustments. Adjustments to the requirements in the KCSWDM and Federal Way Addendum may be granted; provided, that the adjustment will: (1) Produce a result comparable to that which would be achieved by satisfaction of the KCSWDM and Federal Way Addendum requirements, and which is in the public interest; and (2) Meet the objectives of safety, function, appearance, environmental protection, and maintainability based on sound engineering judgment. �If an applicant demonstrates to the director's satisfaction that meeting either the KCSWDM and Federal Way Addendum requirements, or the requirement to produce a comparable result will deny the� applicant reasonable use of his or her property, �e ap�roval of the adjustment will require an ad;ustment criteria exception to be approved bv the Cit�of Federal Wav as Ordinance No.09- Page 19 of 41 Rev 3/09 described in Section 1.4.2 Criteria for Granting Adjustments, of the KCSWDM r ��.o �.o�� r,-,.,.+;,..,�.,o .,i*o,.,,.,+;.>o �.o ,.o,,,,;,-oa Any adjustment that would conflict with the requirements of any other title of the Federal Way Revised Code must first be reviewed and approved by the department responsible for administration of that title. (Ord. No. 99-352, 3, 11-16-99. Code 2001 21-20.) Section 16. FWRC 16.30.050 "Experimental design." shall be amended to read as follows: 16.30.050 Experimental design adjustments. Adjustrnents utilizing an experimental water quality facility or flow control facility may be approved by the director on a limited basis if the following criteria are met: (1) The �experimental design is likely to meet the identified target pollutant removal goal or flow control performance based on performance data and theoretical considerations; and (2) Construction of the facility can, in practice; be successfully carried out; and (3) Maintenance considerations are included in the design, and costs are not excessive or are borne and reliably performed by the applicant or property owner; and (4) The applicant or property owner contributes a share of the cost of monitoring to determine facility performance. The director may condition approval of an experimental design adjustment upon the applicanYs agreement to reserve sufficient land area and post a bond or other financial guarantee satisfactory to the director, for construction of a conventional facility should the experimental facility fail. The director may approve release of the set aside area and financial guarantee upon proof of operation of the experimental facility to the satisfaction of the director. (Ord. No. 99-352, 3, 11-16-99. Code 2001 21-21.) Section 17. FWRC 16.30.060 "Adjustment application and review process." shall be amended to read as follows: 16.30.060 Adjustment application and review process. (1) Timing. Requests for standard and complex adjustments will be accepted only for permits pending approval or approved permits that have not yet expired. Applications for preapplication adjustments and experimental design adjustments may be submitted prior to permit application if the applicant provides justification at a preapplication meeting with public works that an adjustment decision is needed to determine the viability of the proposed project. There is no application process for blanket adjustments because they are initiated and issued solely by the city. Ordinance No. 09- Page 20 of 41 Rev 3/09 (2) Submission of application. The completed adjustment request application forms must be submitted to the director, along with sufficient engineering information (described in Chapter 2 of the KCSWDM and Federal Way Addendum) to evaluate the request. The application shall identify the specific requirement for which the adjustment is sought. (3) Review of applieation. The director or his or her designee will review and either approve or deny the adjustment request in writing following the director's determination that all necessary information has been received from the applicant. Approvals of standard and complex adjustments will expire upon expiration of the permit to which they apply. Approvals of preapplication adjustments will expire one year after the approval date, unless a complete permit application is submitted and accepted. If a criteria exception is required for the adjustment, the director mav require additional en 'nig eering or information to document that denial of reasonable use would occur, that everv effort was made to achieve compliance, and that the best practicable alternative will not cause siQnificant adverse impacts. (4) Blanket adjustments. Blanket adjustments may be issued by the director based on: (a) A previously approved standard, complex, preapplication, or experimental design adjustment and supporting documentation; and (b) Information describing the need for the blanket adjustment. Typically, blanket adjustments should apply globally to design or procedural requirements and be independent of site conditions. (Ord. No. 99-352, 3, 11-16-99. Code 2001 21-22.) Section 18. FWRC 16.30.070 "Appeal procedure." shall be amended to read as follows: 16.30.070 Appeal procedure. (1) Appeal procedure. The applicant may appeal the denial or approval conditions of an adjustment request or criteria exception decision by submitting a formal letter to the director within 15 working days of the decision. This letter must include justification for review of the decision, along with a copy of the adjustment request with the conditions (if applicable) and a listing of all previously submitted material. The department director shall respond to the applicant in writing within 15 working days; this decision shall be final and not subject to subsequent appeal, either independently or as part of an appeal of overall project land use or building permit approval. A per-hour review fee will be charged to the applicant for the director's review of an appeal. (2) Director's decision on appeal. The public works director or designee may grant an exception from the adjustment denial or approval conditions or criteria exception decision; provided, that the director finds that the request satisfies the following criteria: (a) The exception provides equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met; (b) That there are special physical circumstances or conditions affecting the property such Ordinance No.09- Page 21 of 41 Rev 3/09 that the intent of the core and special requirements has been met; (c) That granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and (d) The exception is the least possible exception that could be granted to comply with the intent of the core and special requirements. Exceptions granted shall expire upon expiration of the permit to which they apply. (Ord. No. 99-352, 3, 11-16-99. Code 2001 21-23.) Section 19. FWRC 16.35.020 "Maintenance responsibility." shall be amended to read as follows: 16.35.020 Maintenance responsibility. (1) Generally. All stormwater facilities shall be maintained in accordance with this title and Appendix A and Chapter 6 of the KCSWDM*�° �x'�•, e*^~~~•��^+°r Drainage facilities shall be maintained so that they operate as intended. Systematic, routine preventive maintenance is preferred. (2) Public stormwater facilities. The responsibility of the city of Federal Way shall be limited to maintenance and operation of the city of Federal Way stormwater system, and the city of Federal Way assumes no responsibility for maintenance and operation of private systems. (3) Private stormwater facilities. Property owners are responsible for the maintenance, operation or repair of stormwater drainage systems and BMPs. Property owners shall maintain; operate and repair these facilities in compliance with the requirements of this title and Appendix A and Chapter 6 of the KCSWDM*'�° c �rn�-rc,u crnzirnuccro (4) New subdivisions and new short plats. In new subdivisions and short plats, maintenance responsibility for private drainage facilities shall be specified on the face of the subdivision or short plat. (5) Existing subdivisions and existing short plats. If a private drainage facility serves multiple lots and the responsibility for maintenance has not been specified on the subdivision plat, short plat or other legal document, maintenance responsibility shall rest with the homeowners' association, if one exists, or otherwise with the owners of the properties served by the facility. If owners of the properties served by the facility cannot be located, maintenance responsibility shall rest with the owner(s) of the property on which the facilities are located. (Ord. No. 99-352, 3, 11-16-99. Code 2001 21-27.) Ordinance No.09- Page 22 of 41 Rev 3/09 Section 20 FWRC 16.35.030 "Minimum maintenance standards." shall be amended to read as follows: 16.35.030 Minimum maintenance standards. The following are the minimum standards for the maintenance of stormwater facilities: (1) All stormwater facilities shall be inspected at regular intervals and maintained and repaired in accordance with Appendix A and Chapter 6 of the Trrc�x�r,r,r��,v �eae,..,� �x�.,.. the approved designs for stormwater facilities, stormwater permits which may be issued by the city of Federal Way, the State Department of Ecology, or the Environmental Protection Agency (EPA), applicable construction standards, and the minimum requirements as stated in the stormwater management manual. (2) Where maintenance and repair is necessary to correct health or safety problems, to prevent harmful materials from entering the stormwater system, or to remove harmful materials that have entered the stormwater system, such work shall be completed by the owner or operator of the stormwater system or stormwater facility within 24 hours of discovery of the need for maintenance or repair. When maintenance and repair is found neeessary to prevent water quality degradation, such work shall be completed within 14 calendar days of discovery of the need for maintenance or repair. For other related problems, maintenance or repairs shall be completed within 30 calendar days of discovery or repair. (3) Where lack of maintenance is causing or contributing to a water quality problem, immediate action shall be taken to correct the problem. Within one month, the director shall revisit the facility to assure that it is being maintained. (4) Should the public works director have reasonable cause to believe that the situation at a private stormwater facility is so adverse or hazardous so as to preclude written notice, he or she may take the measures necessary to eliminate the hazardous situation; provided, that he or she shall first make a reasonable effort to locate the owner before acting. In such instances the owner of the property and/or the person responsible for the maintenance of the facility shall be obligated for the payment of all costs incurred. If costs are incurred and a bond pursuant to this title or other city requirement has been posted, the public works director shall have the authority to collect against the bond to cover costs incurred. (5) Illicit discharges to the stormwater system are prohibited, unless such discharges are authorized in accordance with Chapter 173-216 WAC (State Waste Discharge Permit Program) or Chapter 173-220 WAC (National Pollutant Discharge Elimination System Program). (6) Harmful and prohibited materials, as defined in this title, shall not be allowed to enter any stormwater system. All such substances shall be stored, handled and disposed in a manner that will prevent them from entering the stormwater system. Further, storage, handling and disposal shall be conducted in accordance with Chapters 173-303 and 173-304 WAC. (Ord. Na 99-352, 3, 11-16-99. Code 2001 21-28.) Ordinance No.09- Page 23 of 41 Rev 3/09 Section 21. FWRC 16.45.010 "Purpose." shall be amended to read as follows: 16.45.010 Purpose. The purpose of this chapter is to protect the city's surface and groundwater quality by providing minimum requirements for reducing and controlling the discharge of contaminants from commercial, industrial, governmental, agricultural, residential and other land use activities in Federal Way. The city council recognizes that water quality degradation can result directly from one discharge or through the collective impact of many small discharges. Therefore, this title prohibits the discharge of contaminants into surface water, stormwater and �roundwater and outlines preventative measures to restrict contaminants from enterin� such waters, including the im lementation of best mana ement ractices BMPs s�61'fii=v.=^u�o,.� ,..4�,.0 .,,.,+o,-� .,,,.1 ,...i..>.,+o,- In addition, the city council also recognizes the importance of maintaining economic viability while providing necessary environmental protection. An additional purpose of this title it to assist in the achievement of both goals. (Ord. No. 99-352, 3, 11-16-99. Code 2001 21-35.) Section 22. FWRC 16.45.030 "Scope." shall be amended to read as follows: 16.45.030 Scope. This chapter establishes the following water quality standards based on how the water leaves the subject property: (1) FWRC 16.45.040 establishes water quality standards for water that flows directly from the subject property into a stream, a lake or Puget Sound. (2) FWRC 16.45.050 establishes water quality standards for water that is conveyed into the public stormwater system directly from the subject property. (3) FWRC 16.45.060 establishes water quality standards for water that enters the groundwater system by penetrating through the surface of the subject property. (4) Water that leaves the subject property by conveyance directly into a sanitary sewer system or from a septic tank system is not regulated by this title. akehaven Utility District Resolution, Midway Sewer District Resolution and/or Code of the King Countv Board of Health, Title 13 applies to water quality in these situations. (Ord. No. 90-43, 2(115.150(1)), 2-27-90. Code 2001 22-1196.) Section 23. FWRC 16.45.030 "Scope." shall be amended to read as follows: 16.45.040 Quality of water entering streams and lakes. (1) Generally. The quality of any water entering any stream or lake or Puget Sound directly Ordinance No.09- Page 24 of 41 Rev 3/09 from the subject property must meet the water quality standards established under the authority of Chapter 90.48 RCW, and contained within Chapter 173-201 WAC, which standards are hereby incorporated by reference. �P.��--trvTt�'2izr- «rt T n n .,,,,a „t� �.,vo� ,;�7,;,, �t,o ur�.,�� r .,t�o .w (Ord. No. 90-43, 2(115.150(2)), 2-27-90. Code 2001 22-1197.) Section 24 FWRC 16.45.090 "Enforcement." shall be amended to read as follows: 16.45.090 Enforcement. (1) Violations. Notwithstanding the requirements of Chapter 16.50 FWRC and FWRC 16.55.010, if a person has properly designed, constructed, implemented, and is maintaining BMPs according to the BMP manual, is carrying out AKART as required or approved by the director, and/or has modified existing practices as specified by the director, and contaminants continue to enter surface water, stormwater or groundwater; or the person can demonstrate that there are no additional contaminants being discharged from the site above the background conditions of the water entering the site, then that person shall not be in violation of water quality provisions of this chapter. Said person however, remains liable for any prohibited discharges through illicit connections, dumping, spills, improper maintenance of BMPs, or other discharges in violation of this chapter that allow contaminants to enter surface water, stormwater or groundwater. (2) Additional �seprocedures. The director, in consultation with other departments of Federal Way government, �will develop and implement additional guidance information which describes the goals, objectives, policies, and procedures for a water quality investigation and enforcement program. These procedures will describe how the city will characterize, investigate and respond to reports or instances of noncompliance with this title and shall identify by title the official(s) responsible for implementing the enforcement procedures. These procedures will also include direction on removing the source of discharge notification of �propriate authorities, notification of propertv owner, and the means of providing assistance for eliminatin� the discharge. In addition, these procedures will include escalatin� enforcement and legal actions. (3) Sampling and analysis. Whenever the director determines that any person has violated or is violating the provisions of this chapter, the director may require the person responsible for the violation to sample and analyze any discharge, surface and stormwater, groundwater, and/or sediment, in accordance with sampling and analytical procedures or requirements determined by the director. A copy of the analysis shall be provided to the Federal Way surface water management division. (4) Summary abatement. Whenever any violation of this chapter causes or creates a condition which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the director may summarily and without prior notice abate the Ordinance No.09- Page 25 of 41 Rev 3/09 condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. The costs of such summary abatement shall be recoverable via procedures for recovery of abatement costs as set forth in Chapter l. l 5 FWRC, Civil Enforcement of Code. (Ord. No. 09-597, 62, 1-6-09; Ord. No. 99-352, 3, 11-16-99. Code 2001 21-41.) Section 25 FWRC 16.50.010 "Illicit connections." shall be amended to read as follows: 16.50.010 Illicit connections. No person may connect a conveyance system which was not constructed or intended to convey precipitation runoff, or which has been converted from such usage to another use, to a storm drainage system or groundwater infiltration system. The construction, use, maintenance, or continued existence for illicit connections to surface water, stormwater, �roundwater or the Pu�et Sound is prohibited. This prohibition expresslv includes, without limitation, illicit connections made in the past regardless of whether the connection was permissible under the law or practices �plicable or prevailing at the time of construction. The following connections or discharges may be made: (1) Allowable discharges as defined below; (2) Discharges authorized by a NPDES or state waste discharge permit; (3) Connections conveying effluent from an approved on-site sewage disposal system to its drainfield. (Ord. Na 99-352, 3, 11-16-99. Code 2001 21-36.) Section 26. FWRC 16.50.020 "Prohibited discharges." shall be amended to read as follows: 16.50.020 Prohibited discharges. It is unlawful for any person to discharge contaminants into surface water, stormwater, groundwater, or the Puget Sound. Contaminants include, but are not limited to, the following: (1) Trash or debris; (2) Construction materials; (3) Petroleum products including but not limited to oil, gasoline, grease, fuel oil, heating oil; (4) Antifreeze and other automotive products; (5) Metals in either particulate or dissolved form; (6) Flammable or explosive materials; (7) Radioactive material; (8) Batteries; (9) Acids, alkalis, or bases; (10) Paints, stains, resins, lacquers, or varnishes; (11) Degreasers and/or solvents; (12) Drain cleaners; Ordinance No.09- Page 26 of 41 Rev 3/09 (13) Pesticides, herbicides, or fertilizers; (14) Steam cleaning wastes; (15) Soaps, detergents, or ammonia; (16) Swimming pool or spa filter backwash; (17) Chlorine, bromine, or other disinfectants; (18) Heated water; (19) Domestic animal wastes; (20) Sewage; (21) Recreational vehicle waste (22) Animal carcasses; (23) Food wastes; (24) Bark and other fibrous materials; (25) Collected lawn clippings, leaves, or branches; (26� Concrete and concrete by,products includin� waste water from concrete saw cuttingi (�27) Silt, sediment, or gravel; (�28) Dyes (except as described below under "allowable discharges"); (�8� Chemicals not normally found in uncontaminated water; (�130) Any other process associated discharge except as otherwise allowed in this section; (�A31) Any hazardous material or waste not listed above. (Ord. No. 99-352, 3, 11-16-99. Code 2001 21-37.) Section 27. FWRC 16.50.030 "Allowable discharges." shall be amended to read as follows: 16.50.030 Allowable discharges. Subject to provisions of the BMP manual, the following types of discharges shall not be considered prohibited discharges for the purpose of this title unless the director or his/her desi nee determines that the type of discharge, whether singly or in combination with others, is causing pollution of surface water, stormwater or groundwater: 1) Natural uncontaminated surface water; {2) Diverted stream flows; (3) Sprin water; (�4) Uncontaminated water from crawl space pumps or footing drains; (5) Uncontaminated pumped groundwater; (6) Uncontaminated �roundwater infiltration defined in 40 CFR 35.2005(20� (7) Flows from riparian habitats and wetlands; �8) Collected rainwater that is uncontaminated; �9) Irri�ation water from agricultural sources that is commingled with urban stormwater; (�10) Materials placed as part of an approved habitat restoration or bank stabilization project; Ordinance No.09- Page 27 of 4l Rev 3/09 C�l AT.,+,,,-�t ,�+.,,-.,;.,.,*0.7 ..o ..,�o,- „a.,,.,+o,-• (311) Discharges resulting from diffuse or ubiquitous sources such as atmospheric deposition; (�912) Discharges resulting from dye testing authorized by the director; (13) Air conditionin� condensation; (�14) Discharges which result from emergency response activities or other actions that must be undertaken immediately or within a time too short to allow full compliance with this title so as to avoid an imminent threat to public health or safety. EThe director may further define qualifying activities in administrative guidance. The person responsible for said emergency response activities shall take all necessary steps to ensure that the discharges resulting from such activities are minimized and ensure that future incidents are prevented to the greatest extent possible};. In addition this �erson shall evaluate BMPs and the site plan, where applicable, to restrict recurrence; (�15) Other types of discharges as determined by the director. (Ord. No. 99-352, 3, 11-16-99. Code 2001 21-38.) Section 28. A new section is added to chapter 16.50 "Discharges into Federal Way Waters and Storm Drainage Systems" FWRC to read as follows: 16.50.040 Conditional discharges. The followin� tvpes of discharges shall not be considered prohibited dischar�es for the purposes of this chapter if they meet the stated conditions or unless the director or his/her designee determines that the type of discharge whether singlv or in combination with others, is causin� or is likely to cause si�nificant contamination of surface water, stormwater or groundwater: (1) Discharges from potable water sources includin�water line flushin ,�hyperchlorinated water line flushing fire hydrant system flushing, and �peline hvdrostatic test water that have been de-chlorinated to a concentration of 0.1 ppm or less, �H-adjusted, if necessarv, and volumetricallv and velocity controlled to prevent resuspension of sediments to surface water, stormwater, groundwater, or the Puget Sound; (2) Lawn watering and other irrigation runoff. These dischar�es shall be minimized throu�h, at a minimum, public education activities and/or water conservation efforts; �3) Dischar�es from swimming pools that have been de-chlorinated to a concentration of 0 .1 Upm or less pH-adjusted and reoxygenized if necessarv and volumetrically and velocitv controlled to prevent resuspension of sediments to surface water stormwater, groundwater, or the Pu�et Sound; �4) Street and sidewalk wash water water used to control dust, and routine external wash down that does not use deter eg nts (these discharg�es shall be minimized through, at a minimum, public education activities and/or water conservation efforts); Ordinance No.09- Page 28 of 41 Rev 3/09 �5) Non-stormwater dischar�es covered bv a separate National Pollutant DischarQe Elimination Svstem (NPDES) or State Waste Discharge permit �rovided that the dischar�er is in full compliance with all requirements of the permit waiver or order and other applicable laws and re�ulations• and provided that written approval has been�ranted for anv discharge to the storm drain svstem; Other stormwater discharges. The discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved by Surface Water Management which addresses control of such discharges bv appl n�nQ AKART to prevent contaminants from enterin� surface water stormwater, �roundwater, or the Pu�et Sound. Section 29 FWRC 16.55.010 "Stormwater Pollution Control Manual." shall be amended to read as follows: 16.55.010 Stormwater Pollution Prevention Manual. (1) General. The King County Stormwater Pollution �Prevention Manual (BMP manual), applies to existing facilities and activities and to �new d�velopment activities not covered by the King County Surface Water Design Manual (KCSWDM) and Federal Way Addendum to the KCSWDM. The BMP manual describes the types of regulated activities, the types of contaminants generated by each activity, the contaminant's affect on water quality, the required source control BMPs, and the available treatment BMPs. The BMP manual includes information on design, maintenance, allowable use of alternative BMPs, and a schedule for BMP implementation. (2) Priority of BMP implementation. Compliance with this section shall be achieved throu�h the use of best mana eg ment practices described in the BMP manual. In applying the BMP manual, the director or his/her designee shall first require the implementation of source control BMPs unless the BMP manual specifically requires treatment BMPs. If source control BMPs (or treatment BMPs if required by the BMP manual) do not prevent contaminants from entering surface and stormwater or groundwater, the director or hislher desi ng_ee may require implementation of additional source control BMPs andlor treatment BMPs according to AKART. (3) Prevention of pollution of surface and groundwaters. BMPs shall be applied as required herein, so that when all appropriate combinations of individual BMPs are utilized, pollution of surface or groundwaters is prevented. If all BMPs required herein, or by the director are applied, and pollution still occurs, the discharger shall modify existing practices or apply further water pollution control measures, as specified by the director. In the absence of implementation of applicable BMPs, the director shall be authorized to conclude that individual activities are causing pollution in violation of this chapter, and shall be authorized to enforce this chapter accordingly. (4) Technical assistance. The Federal Way surface water management division will provide, Ordinance No.09- Page 29 of 41 Rev 3/09 upon reasonable request, available technical assistance materials and information, and information on outside financial assistance options, to persons required to comply with this title. (Ord. No. 99-352, 3, 11-16-99. Code 2001 21-39.) Section 30. FWRC 16.55.020 "Exemptions." shall be amended to read as follows: 16.55.020 Exemptions. It is intended that all persons shall apply appropriate BMPs, whether as required by this title or under the authority of another program. Notwithstanding the requirements of FWRC 16.55.010, implementation of BMPs prescribed by this chapter is not required when: (1) Alternative BMPs are being implemented pursuant to another federal, state, or local program, unless the director determines the alternative BMPs will not prevent or sufficiently reduce the discharge of contaminants. If the other program permitting alternative BMPS requires the development of a best management practices plan, the person shall, upon request and at no cost to the city, provide the director a copy of the BMP plan within five days of the request; (2) A general or individual NPDES permit for stormwater discharges has been issued by the Washington State Department of Ecology for the property or activity in question, and the NPDES permit includes a water quality pollution control plan; unless the director determines that the plan is not being implemented or that implementation of the water quality pollution control plan will not prevent or sufficiently reduce the discharge of contaminants; (3) A farm management plan approved by the director is being implemented and maintained according to the plan; (34) An approved forest practices application has been approved by the Washington State Department of Natural Resources for forest practices, with the exception of forest practices occurring on lands platted after January 1, 1960, or on lands being converted to another use, or regulatory approval has otherwise been issued by the city of Federal Way or other local government under RCW 76.09.240; (g5) The director is authorized to and has issued an exemption from BMP requirements under another provision of this title. (Ord. Na 99-352, 3, 11-16-99. Code 2001 21-40.) Ordinance No.09- Page 30 of 41 Rev 3/09 Section 31. FWRC 18.60.050 "Streets and rights-of-way." shall be amended to read as follows: 18.60.050 Streets and rights-of-way. (1) Streets within an approved land division shall be within a dedicated public right-of-way. Private tracts or easements may be used in short subdivisions and cluster subdivisions using those cross-section types "�s described for this purpose in the Development Standards €���.�3.�. Ingress/egress and utilities easements and alleys may be utilized when certain conditions established in the city of Federal Way public works development standards are met. (2) All streets within the public rights-of-way shall be improved to the standards specified in Chapter 19.135 FWRC, regarding required improvements to rights-of-way. Improvements to private tracts, alleys, and ingress/egress and utilities easements shall comply with the city of Federal Way public works department development standards. (3) LID alternatives such as permeable surfacin� and on-site stormwater mana�ement facilities are encouraged where appropriate based on existin� site conditions and when �proved bv the City. (�4) All streets abutting a land division shall be improved in accordance with Chapter 19.135 FWRC, and the city of Federal Way public works development standards regarding required improvements. (45) All traffic control devices within a land division shall be provided by the developer as required by the director of public works. Streets shall be provided to develop a street network with a block perimeter of no greater than 2,640 feet, as measured on centerlines. This requirement may be modified if connections cannot be made due to: (a) Topographical constraints. (b) Environmentally sensitive areas. (c) Adjacent development not being conducive. (6� Additional off-site street and traffic control improvements may be required to mitigate impacts resulting from the land division. (Ord. Na 07-554, 5(Exh. A(2)), 5-15-07; Ord. No. 98-330, 3,12-15-98; Ord. No. 97-291, 3, 4-1-97; Ord. No. 90-41, 1(16.300.10 -16300.50), 2-27-90. Code 2001 20-180.) Section 32. FWRC 18.60.080 "Storm drainage." shall be amended to read as follows: 18.60.080 Storm drainage. (1) All land divisions shall be provided with an adequate storm drainage system designed and constructed in accordance with the surface water management requirements in FWRC Title 16, and the storm and surface water utility requirements in FWRC Title 11, Division III. Ordinance No.09- Page 31 of 41 Rev 3/09 (2) As required by the director of public works, land divisions shall provide stormwater detention or retention facilities. Such required systems should include biofiltration swales, oil/water separation devices, or any other appropriate systems approved by the public works director. LID best mana e�mentpractices are encoura�ed when site and soil conditions make it a feasible option LID facilities shall be desi�ned and constructed in accordance with the provisions of Title 16 Surface Water Mana e� ment• (3) As appropriate, the storm drainage system shall be dedicated to the city upon approval of the final recorded document. (Ord. No. 07-554, 5(Exh. A(2)), 5-15-07; Ord. No. 98-330, 3, 12-15-98; Ord. No. 97-291, 3, 4-1-97; Ord. No. 90-41, 1(16.330), 2-27-90. Code 2001 20-183.) Section 33 FWRC 19.05.120 "L definitions." shall be amended to read as follows: 19.05.120 L definitions. "Land division" means any process by which individual lots, parcels, or tracts are created for the purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional subdivisions (both short and long plats}, binding site plans, cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development. `Zand surface modification means the clearing or removal of trees, shrubs, groundcover and other vegetation and all grading, excavation and filling activities. `Zandscaping" means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. "Landward means toward dry land. "Linear f�ontage of subject property" means the frontage of the subject property adjacent to all open, improved rights-of-way other than Interstate 5. If the subject property is not adjacent to an open, improved right-of-way, "linear frontage" means the frontage of the subject property on any public access easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights-of-way. `Zot" means a parcel of land, of sufficient area to meet minimum zoning requirements, having fixed boundaries described by reference to a recorded plat, to a recorded binding site plan, to metes and bounds, or to section, township and range. `Zot area means the minimum lot area per dwelling unit based on the underlying zone. For single-family lots, the area of a vehicular access easement, private tract, flag pole, or access panhandle shall not be credited in calculation of minimum lot area. "Low density use means a detached dwelling unit on a subject property that contains at least five acres. "Low density zone" means the following zones: SE and comparable zones in other jurisdictions. `Zow impact development �LID)" means a stormwater management strategY that emph'asizes conservation and use of existing features integrated with distributed, small-scale stormwater controls to more closelv mimic natural hydrologic patterns in residential commercial, and industrial settin�s. Ordinance No. 09- Page 32 of 41 Rev 3/09 (Ord. No. 09-593, 24, 1-6-09. Code 2001 22-1.12.) Section 34. FWRC 19.120.3 (New Clearing, Grading, and Tree and Vegetation Retention Code) "Exemptions." shall be amended to read as follows: 19.120.030 Exemptions. Nothing in this section shall be interpreted to allow clearing, grading, and/or the removal of trees or other vegetation within sensitive areas or sensitive area buffers where prohibited under FWRC Title 19, Division N, Critical Areas, or in designated native growth protection areas. Clearin and gradin� activities are also subject to review under Appendix Chapter J of the Intemational Building Code• The following actions shall be exempt from the provisions of this article: (1) Digging and filling for cemetery graves. (2) Clearing and grading in a right-of-way authorized in writing by the director of the department of public works for pothole and square cut patching; overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage; shoulder grading; reshaping/regrading drainage systems; crack sealing; resurfacing with in-kind material without expanding the road prism; and vegetation maintenance. (3) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay where a permit has been issued by the state department of natural resources. (4) Exploratory excavations under the direction of a professional engineer licensed in the state; provided that the extent of the clearing and grading does not exceed the minimum necessary to obtain the desired information. (5) Normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way. (6) Excavations for utility service connections to serve existing andlor new structures and that is outside any area that is within the jurisdiction of FWRC 19.145.010 et seq. (7) Actions which must be undertaken immediately, or within a time too short to allow for compliance with the requirements of this article, to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This determination will be made by the director. (8) Clearing and grading actions that are an integral part of an ongoing agricultural or horticultural use on the subj ect property. (9) Tree and vegetation removal actions conducted on a residential lot that contains a detached dwelling unit together with any contiguous lots under the same ownership that are being maintained for the use and enjoyment of the homeowner that comply with the following criteria: (aj Any trees or vegetation removed must be outside any area that is within the jurisdiction Ordinance No.09- Page 33 of 41 Rev 3/09 of FWRC 19.145.010 et seq. (b)No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. (c) Tree and vegetation removal will not change the points where the stormwater or groundwater enters or exits the subject property and will not change the quality or velocity of stormwater or groundwater. (d) Trees with a diameter at breast height (dbh) of up to six inches and vegetation may be removed without city review and approval if criteria a-c contained in this section are met. (e) Trees with a dbh of six inches or greater may be removed subject to the minimum tree units per acre standard established by Table 19.120-XX18.1 and subject to criteria a-c of this section. flRemoval of trees with a dbh of six inches or greater that will result in the subject property falling below the minimum tree units per acre standard per Table 19.120-XX18.1 shall require planting of replacement trees as necessary to meet the minimum tree units per acre standard, or the existing tree units per acre represented by the trees proposed for removal, whichever is less. (g)Hazard trees and nuisance vegetation may be removed without city review and approval if criteria a-c contained in this section are met. (10) Clearing and grading actions that comply with all of the following criteria: (a)The subject property contains a permanent building or an active use. (b)The clearing or grading activity will not change the points where the stormwater or groundwater enters or exits the subject property, and will not change the quality or velocity of stormwater or groundwater. (c) The clearing or grading activity is outside any area that is within the jurisdiction of FWRC 19.145.010 et seq. (d) Grading, filling, and excavation totals less than 100 cubic yards. Quantities of excavation and fill are calculated separately and then added together to determine total excavation and fill. (e) No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. (11) Routine maintenance of trees and vegetation necessary to maintain the health of cultivated plants. Topping of trees as defined in FWRC 19.05 Definitions, is considered tree removal, not maintenance. (12) Removal of overhanging vegetation and fire hazards, or removal of invasive species, hazard trees, nuisance vegetation, or dead, dangerous, or diseased trees when authorized by the director or his/her designee. (13) Removal of trees in easements and rights-of-way for the purposes of constructing public streets and utilities. Protection of trees shall be a major factor in the location, design, construction, and maintenance of streets and utilities. These activities are subject to the purpose and intent of this division. (14) Removal of trees on sites zoned City Center-Core (CC-C) and City Center Frame (CC-F). Ordinance No. 09- Page 34 of 41 Rev 3/09 (Ord. No. 09-610) Section 35. FWRC 19.120.6 (New Clearing, Grading, and Tree and Vegetation Retention Code) "Review and approval of clearing, grading and tree/vegetation retention plans." shall be amended to read as follows: 19.120.060 Review and approval of clearing, grading, and tree/vegetation retention plans. (1) Review of plans required under this article shall be conducted as follows: (a) Where clearing and grading plans and/or tree and vegetation retention plans aze required, the plans and/or application shall be reviewed by the departments of public works and community development services. Plan review approvals under this section are subtect to the provisions of Title 16 of the Federal Wav Revised Code, "Surface Water ManagemenY'. (b) Where the city determines that clearing and grading plans and/or tree and vegetation retention plans shall also be reviewed by the city's consultant(s), the applicant shall cover the cost of the third party review. (c) Where project sites contain or are adjacent to electrical substations, utility rights-of- way and/or easements, the applicant must also obtain written comment from the appropriate utility representative(s) for any required clearing, grading, or tree/vegetation retention plans. (2) Approval and Notice to Proceed shall be required prior to undertaking any clearing, grading, and/or tree and vegetation removal actions pursuant to the requirements of this section. Approval and Notice to Proceed shall not be issued until the applicant can demonstrate readiness to proceed with the site development work and the ability to complete such work in a timely manner. The following will be considered in determining readiness: (a) The applicant shall have received engineering plan approval for erosion control and construction of required on-site infrastructure including, roadways and stormwater facilities as allowed by the public works director, and; (b) The applicant shall have received approval of a proposed project timeline that demonstrates how site development work and revegetation of the site shall be completed per approved revegetation and landscaping plans within 12 months of commencement of site work. (c) Projects that will not be completed within 12 months of initial clearing, grading, and tree/ vegetation removal activity shall be required to submit plans for interim aesthetic treatment of the site in its cleared and non-developed state that shall be subject to review under section (a) of this section. Methods for addressing site aesthetics in cases where a project will not be completed within a 12 month period shall include: (i). Phased clearing, grading, and tree/vegetation removal in conjunction with phased site development as follows: Ordinance No.09- Page 35 of 41 Rev 3/09 a. Phased clearing, grading, and tree/vegetation removal shall be considered for all projects that will not be completed within 12 months of, and up to 5 years from, commencement of clearing, grading and tree/vegetation removal activity. b. Phased clearing, grading and tree/vegetation removal shall be required for all proj ects that will not be completed within five years of commencement of clearing, grading and tree/ vegetation removal activity. (ii). Installation of permanent vegetation per approved plans in cases where vegetation can become established and will not be harmed during completion of site work and building construction. (iii) Temporary revegetation and/or vegetation retention per an approved plan that provides visual screening of the site from neighboring properties and rights-of way. (3) Approval of plans under this article shall be binding upon the applicant. Any proposed changes to approved clearing, grading, and/or tree and vegetation retention plans shall be resubmitted for review and approval subject to the applicable review process(es) associated with the permit(s) required. (Ord. No. 09-610) Section 36. FWRC 19.125.040 "General landscaping requirements All zones." shall be amended to read as follows: 19.125.070 Parking lot landscaping. (1) Purpose. The purpose of this section is to break up large areas of impervious surfaces, mitigate adverse impacts created by vehicle use areas which include noise, glare and increases in heat reflection by buffering, screening adjacent properties and shading, respectively, to facilitate movement of traffic, and improve the physical appearance of vehicle use areas. Developments are encouraged to use parking lot landscaping as on-site LID stormwater infiltration facilities unless such techniques are infeasible. LID stormwater infiltration facilities shall be desiQned and constructed accordance with Title 16 Surface Water Mana eg ment• (2) Type IV Landscaping. Type IV landscaping shall be provided within surface parking areas as follows: (a) Required interior lot landscaping. Landscape area shall be provided at the following rate within paved areas: (i) Commercial, industrial, and institutional developments shall provide the following: (A) Twenty square feet per parking stall when up to 49 parking stalls are provided; and (B) Twenty-two square feet per parking stall when 50 or more parking stalls are being provided. Ordinance No.09- Page 36 of 41 Rev 3/09 (ii) Residential developments with common parking areas including, but not limited to, subdivisions, PUDs or multifamily, shall provide landscape areas at a rate of 15 square feet per parking stall. Figure 7 FWRC 19.125.070(3) (3) Landscape islands. Landscape islands shall be a minimum size of 64 square feet and a maximum of 305 square feet, and a minimum width of six feet at the narrowest point for islands at the end of 90-degree parking rows, three feet at the end of rows with angled parking, and eight feet in width for islands used to separate head-to-head parking stalls and shall be provided at the following locations: (a) At the end of all raws of parking; and (b} For separation buffering between loading doors or maneuvering areas and parking areas or stalls; and (c) Any remaining required landscaping shall be dispersed throughout the interior parking area in a manner to reduce visual impact of the parking lot; (d) Deciduous trees are preferred for landscape islands within interior vehicle use areas. (4) Curbing. Permanent curbing shall be provided in all landscape areas within or abutting parking areas. Based upon appropriate surface water considerations, other structural barriers may be substituted for curbing, such as concrete wheel stops. Ordinance No.09- Page 37 of 41 Rev 3/09 •r s� .5. �.�Y''e:. i s '�:d' ;r Figure 8 FWRC 19.125.070(4) (5) Parking areas/screening for rights-of-way. (a) Parking areas adjacent to public right-of-way shall incorporate berms at least three feet in height within perimeter landscape areas; or alternatively, add substantial shrub plantings to the required perimeter landscape type, and/or provide architectural features of appropriate height with trees, shrubs and groundcover, in a number sufficient to act as efficient substitute for the three-foot berm, to reduce the visual impact of parking areas and screen automobiles, and subject to approval by the director of community development. (b) Parking adjacent to residential zones shall reduce the visual impact of parking areas and buffer dwelling units from light, glare, and other environmental intrusions by providing Type I landscaping within required perimeter landscape areas. (6) Vehicular overhang. Vehicular overhang into any landscaping area shall not exceed two feet. Figure 9 FWRC 19.125.070(6) Ordinance No.09- Page 38 of 41 Rev 3/09 (7) Landscaping and irrigation. (a) All landscape islands within parking areas shall use drought-tolerant trees, shrubs and groundcovers. The use of plants native to the Pacific Northwest is encoura�ed. Lawn shall not be permitted in landscape islands less than 200 square feet and shall be used as an accessory planting material to required trees, shrubs, and other groundcovers. (b) No plant material greater than 12 inches in height shall be located within two feet of a curb or other protective bamer in landscape areas adjacent to parking spaces and vehicles use axeas. (Ord. No. 07-559, 3(E�. A), 7-3-07; Ord. No. 93-170, 4, 4-20-93. Code 2001 22-1567.) Section 37. FWRC 19.135.100 "Exceptions." shall be amended to read as follows: 19.135.100 Exceptions. The following provisions of this article shall apply: (1) A vehicular access easement or tract (ingress/egress and utilities easement) may be permitted subject to the conditions established in the city of Federal Way public works development standards. (2) If the vehicular access easement or tract does not have adequate width for the installation of the improvements required by this chapter, the public works director shall determine the nature and extent of the improvements to be installed in the vehicular access easement or tract on a case-by-case basis. At a minimum the vehicular access easement or tract must have a concrete or asphalt surface at least 20 feet in width. Pervious paving techniques may be used on private roads where feasible, as authorized b�the public works director and in accordance with Title 16 Surface Water Mana eg ment. (3) Streetlights are required at the intersection of a vehicular access easement or tract and a right-of-way, but not at any other location within the vehicular access easement or tract, unless specifically required by the public works director. (4) Notwithstanding any other provision in this chapter, vehicular acce�ss easements and tracts must comply with applicable standards of the serving fire district. (Ord. No. 07-554, 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, 3, 12-15-98; Ord. No. 90-43, 2(110.35(2)), 2-27-90. Code 2001 22-1497.) Section 38. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, Ordinance No.09- Page 39 of 41 Rev 3/09 clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 39. 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 40. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 41. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 200 CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON Ordinance No.09- Page 40 of 41 Rev 3/09 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No.09- Page 41 of 41 Rev 3/09