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Council PKT 11-17-2009 Regularc�rr oF Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers City Hall Novemher 17, 2009 7:00 pm www. cityoffederal wa y. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Certificates of Appointment Lodging Tax Advisory Committee b. City Manager Emerging Issues Introduction of New Employees Memo of Understanding/Policing Enhancement FW Transit Center pg 3 4. CITIZEN COMMENT PLEASE COMPLETE A P/NK SLIP PRESENT IT TO THE C/TY CLERK PR/OR TO SPEAKING.. When recognized by the Mayor, come forward to the podium and state your name for the record. PLEASE L/MIT YOUR COMMENTS TO THREE (3) M/NUTES. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual ifems may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: October 20, 2009 Regular and Special Meeting, November 3, 2009 Regular and Special Meeting pg 10 b. Council Bill #511/Personal Wireless Service Facility pg 22 c. Council Bill #512/2009 Housekeeping Budget Adjustment pg 107 d. 2009 Asphalt Overlay Project Project Acceptance and Retainage Release... pg 119 e. Community Center Pool Chemical Vendor Contract pg 121 f. Fisher Pond Building Demolition pg 126 g. Federal Way Community Center Agreement to Use as Dormitory Shelter... pg 127 h. Services Agreement for the Commons at Federal Way Police Services... pg 135 i. 2010 Diversity Commission Work Plan pg 143 j. 2010-2011 Human Services Commission 2 year work plan pg 147 6. PUBLIC HEARING a. 2009/2010 Mid-Biennial Budget Adjustments Staff Presentation Public Comment Council Discussion/Action 7. COUNCIL BUSINESS a. Transition to Mayor Council Form of Government Election Dates for Mayor...pg 152 b. City Manager Recruitment ....pg ?53 c. Creation of King County Transportation Benefit District (TBD) ....pg 167 8. INTRODUCTION AND FIRST READING OF ORDINANCES a. Council Bill 513 North Lake Manaqement District Assessment Roll Public Hearinq Date An ordinance of the city council of the city of Federal Way, Washington, amending Ordinance 09-622 regarding the creation of the Lake Management District Number 2 for North Lake by rescheduling the public hearing on the assessment roll for the district. ....pg 170 9. COUNCIL REPORTS 10. CITY MANAGER REPORT 11. EXECUTNE SESSION a. Collective Bargaining pursuant to RCW 42.30.140(4)(b) b. Potential Litigation pursuant to RCW 42.30.110(1)(i) c. Real Property Acquisition pursuant to RCW 42.30.110(1)(c) 12. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. City Council Regular Meeting IrTITIAL DRAFT 30 Oct 2009 (Prepazed by ST) November 17 2009 Emerging Issues- MOU/Policing Issues MEMORANDUM OF UNDERSTANDING FOR POLICING ENHANCEMENTS AT THE FEDERAL WAY TRANSIT CENTER This MEMORANDUM OF LTNDERSTANDING ("MOU"), dated this day of November, 2009, is made by and between Sound Transit, the City of Federal Way ("Federal Way"), and King County, collectively the "Parties." RECITALS A. Federal Way, through the Federal Way Police Department, has primary temitorial jurisdiction and is responsible for general law enforcement within Federal Way city limits. B. The King County Sheriff s Office is separately the contract law enforcement agency for both Sound Transit and King County Metro. The purpose of the Sound Transit Police ("STP") and King County Metro Transit Police ("MTP") is to provide enhanced police services to the Sound Transit and Metro Transit systems and facilities focusing, on customer safery and quality of life issues. This enhanced service is meant to be above and beyond the normal level offered by the respective police agency with primary territorial jurisdiction. C. Nothing in this MOU is intended to reduce or eliminate FWPD's responsibility to police the Federal Way Transit Center (the "Transit Center") and respond to dispatched transit related calls for service within the city limits whether or not the STP or MTP personnel are available at the Transit Center. D. The parties recognize the immediate concerns regarding violent criminal activity at the Transit Center and desire to maintain order and crea.te a safe en�rironment for transit customers and Federal Way citizens. E. The parties desire to set forth their respective roles and obligations in the policing of the Transit Center. NOW, THEREFORE, in consideration of the assurances and covenants herein, it is mutually agreed as follows: Section 1. Puraose and Scoae of Agreement 1.1 The purpose of this MOU is to define temporary enhanced police services to be provided by STP and MTP at the Transit Center in a manner consistent with the Washington Mutual Aid Peace Officers Powers Act (RCW 10.93 et seq.). R�IITIAL DRAFT 30 Oct 2009 (Prepazed by ST) Section 2. Responsibiliries 2.1 Sound Transit. With respect to operational functions at the Transit Center: 2.1.1 ST will continue to sta.ff 1 private Securitas guard at the Transit Center 24 hours each day 7 days per week. 2.1.2 ST will make available the platform security offce to be used as a substation by law enforcement officers 2.1.3 ST will work collaboratively with FWPD in determining appropriate police signage to be posted at the Transit Center. 2.2 Sound Transit Police. With respect to policing of the Transit Center: 2.2.1 STP will provide coverage with a single officer in a fixed post position at the FWTC during non-holiday weekda.ys (Monday Friday) from 2 p.m. 12 a.m. STP may change its hours of coverage if done so in writing at least 21 da.ys in advance of any change. 2.2.1.1 STP will provide coverage as described in 2.1.1 on weekday holidays on which bus service opera.tes on a normal weekday service schedule. For weekday holidays on which bus service operates on a weekend, holiday, or other reduced service schedule, STP will provide a roving patrol the same as Sundays, and FWPD will have primary responsibility to police the FWTC. 2.2.2 STP will provide the enhanced coverage until November 2, 2010, subject to periodic evaluations for effectiveness and necessity. 2.2.3 STP will deploy either high visibility or plain clothes emphasis patrols. 2.2.4 STP officers will complete associated paper work for criminal activity observed by STP officers. Felony crimes against persons will be referred to FWPD for right of first refusal. 2.2.5 STP officers will notify FWPD when they are required to leave the transit center for prisoner transports or lunch breaks. When STP officers are not present at the Transit Center, FWPD will have oversight responsibilities. 2.2.6 STP agrees to maintain and share with FWPD and MTP a monthly summary recap of law enforcement activities performed at the FWTC. 2.3 Metro Transit Police. With respect to poiicing of the Transit Center: 2.3.1 MTP will conduct increased intermittent and random patrols of the Transit Center. INITIAL DRAFT 30 Oct 2009 (Prepared by ST) 2.3.2 MTP will schedule and coordinate 1-2 major emphasis patrols at the Transit Center each month during the next 6 months including bus routes utilizing the center. 2.3.3 MTP agrees to maintain and share with FWPD and STP a monthly summary recap of law enforcement activities performed at the FWTC. 2.4 Federal WaYPolice Department. With respect to policing of the Transit Center: 2.4.1 As the agency with primary territorial jurisdiction, FWPD has primary responsibility for policing activities at the Transit Center. 2.4.2 FWPD will provide appropriate law enforcement coverage at the Transit Center during all hours outside of the scope specifically covered by STP, including weekends and during periods when STP officers are on breaks or conducting prisoner transports. 2.4.3 FWPD will provide a dedica.ted FWPD portable radio with extra battery and charger to be stored at the Transit Center for the use of STP officers. 2.4.4 FWPD will allow STP officers working at the Transit Center to come into service on the Eederal Way Police main frequency and provide immediate assistance to STP as requested. 2.4.5 FWPD will pick-up and transport all subjects arrested at the Transit Center on Federal Way warrants. 2.4.6 FWPD agrees to maintain and share with STP and MTP a monthly summary recap of law enforcement activities performed at the FWTC. Section 3. Designated Representatives 3.1 Each party will identify, in Eathibit A to this MOU, a Designated Representative, who will work together to implement this MOU. The Designated Representatives are responsible for ensuring the completion of the MOU's objectives and coordinating their respective staff. The parties may change Designated Representatives and their contact information in Exhibit A. Section 4. Costs 4.1 Each party will bear its own costs associated with performing the requirements of this MOU. IriIT'IAL DRAF'T 30 Oct 2009 (Prepazed by ST) Section 5. Performance Monitoring and Reuorting 8.1 The Parties shall communica.te at least every month and as necessary to discuss the status of the tasks and services to be performed and to resolve any issues or disputes related to the successful performance of this MOU. Section 6: Liabilitv for Exercise of Authoritv: Suaervisorv Control Over Peace Officers; Privileges and Immunities Aaplicable; General Authoritv of Peace Officer 6.1 To the maximum extent allowed by law, liability for exercise of authority will be consistent with RCW 10.93.040, supervisory control over peace officers will be consistent with RCW 10.93.050, privileges and immunities will be consistent with RCW 10.93.060, and the general authority of STP and MTP police officers at the Transit Center will be consistent with RCW 10.93.070. Section 7. Insurance and Indemnification 7.1 Insurance. Each party must maintain insurance and self-insurance in amounts and type customarily maintained for the risks assumed under this MOU. 7.2 Indemnifica#ion. To the extent permitted by law, the Parties to this MOU sha11 protect, defend, indemnify, and save harmless the other Party, and its officers, officials, employees, and agents, while acting within the scope of their employment, from any and all costs, claims, demands, judgments, damages, or liability of any kind including injuries to persons or damages to property, which arise out of, or in any way result from, or are connected to, or are due to any acts or omissions of the indemnifying Party. No Party shall be required to indemnify, defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the Party seeking indemnifica.tion. Where such claims, suits, or actions result from concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the Party's own negligence. Each Party agrees that its obligations under this indemnification section extend to any claim, demand, andlor cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW. In the event of any claims, demands, actions and lawsuits, the indemnifying Party upon prompt notice from the other Party shall assume all costs of defense thereof, including legal fees incurred by the other parties, and of all resulting judgments that may be obtained against the other Party. This indemnification shall survive the termination of this MOU. I1�iITIAL DRAFT 30 Oct 2009 (Prepared by ST) Section 8. General Legal Provisions 8.1 Governin� Law and Venue. This MOU sha11 be governed by the laws ofthe State of Washington. Any action arising out of this MOU sha11 be brought in King County Superior Court. 8.2 No Emplovment Relationship Created. The Parties agree that nothing in this MOU shall be construed to create an employment relationship between the City and any employee, agent, representative or contractor of Sound Transit. 8.3 No Agency. No sepazate entiry is created by this MOU. No joint venture or partnership is formed as a result of this MOU. No employees, agents or subcontra.ctors of one party shall be deemed, or represent themselves to be, employees of the other parly. 8.4 No Third Party Ri�. It is understood and agreed that this MOU is solely for the benefit of the Parties hereto and gives no right to any other party. Nothing in this MOU, whether express or implied, is intended to confer any rights or remedies under or by reason of this MOU on any persons other than the Parties. 8.5 Severabilitv. If any of the terms and conditions of this MOU is determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining terms and conditions unaffected thereby shall remain in full force and effect. 8.6 Notices. All notices to be provided under this MOU shall be in writing and shall be hand-delivered or sent by US Mail to the Designated Representatives, and shall be deemed received upon delivery or, in the case of notice sent by mail, three (3) business days after deposit in the US Mail. 8.7 Entire A�reement. This MOU embodies the Parties entire agreement on the matters covered by it, except as supplemented by subsequent amendments to this MOU. All prior negotiations and draft written agreements are merged into and superseded by this MOU. 8.8 Duration of A�reement. This MOU shall be in place until November 2, 2010. 8.9 Effective Date. This MOU is effective when all Parties sign it, after authorization by each Party's respective goveming body. 8.10 Amendments. The parties may amend this MOU or enter subsequent agreements, as desired, with the appropriate authorization of the governing body of each Party. 8.11 Execution of MOU. This MOU shall be executed in three counterparts, any one of which wiil be regarded for all purposes as one original. INITIAL DRAFT 30 Oct 2009 (Prepazed by ST) Section 9. Disaute Resolution 9.1 The Parties, through their Designated Representatives, will work collaboratively to resolve disagreements arising from activities performed under this MOU. Disagreements will be resolved promptly and at the lowest level of hierarchy. No legal action will be permitted unless the Designated Representatives have attempted to resolve the dispute and are unsuccessfuL Section 10. Termination 10.1 This Agreement may be terminated by any party upon thirty da.ys written notice. IN WITNESS WHEREOF, the parties hereto hereby agree to the ter�ns and conditions of this Memorandum of Agreement as of the date first written above. Fo Central Puget Sound Regional r sit Autho Ron Tober, Deputy CEO For City of Feder�l Way �i/.3/�✓s ilson, Acting City Manager For King County Metro Jim Jacobson, Deputy General Manager Approved as to Form: Legal Counsel Ap roved as to Forcn: City Attorney 0 8 DATE DATE ITiITIAL DRAFT 30 Oct 2009 (Prepared by ST) EXHIBITA Designated Rearesentatives SOUND TRANSIT: SGT. KEVIN JOHANNES CITY OF FEDERAL WAY: COMMANDER CHRIS NORMAN I�NG COUNTY METRO: CAPT. LI5A MULLIGAN COUNCIL MEETING DATE: November 17, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM Sa SUBJECT CITY COUNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the October 20, 2009 Special Meeting, October 20 Regular Meeting, November 3, 2009 Special Meeting and November 3, 2009 Regular Meeting? COMMITTEE N/A CATEGORY: Consent City Council Business Ordinance Resolution STAFF REPORT BY: Carol McNeillv. Citv Clerk Attachments: MEETING DATE: N/fl Public Hearing Other DEPT Human Resources Draft meeting minutes of the October 20, 2009 Special Meeting, October 20, 2009 Regular Meeting, November 3, 2009 Special Meeting and November 3, 2009 Regular Meeting. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION Staff recommends approving the minutes as presented. CITY CLERK APPROVAL: N/f1 DIltECTOR APPROVAL: N/A N/fl Committee Council Corrutrittee Cou�il COMMITTEE RECOMMENDATION: N/fl PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL DENIED 1sT reading TABLED/DEFERRED/Nb ACI'ION Enactment reading MOVED TO SECOND READING (orrlinances only) ORDINANCE REVISED 02/06/2006 RESOLUTION Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers City Hall OCTOBER 20, 2009 5:30 PM www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor povey called the meeting to order at 5:31 p.m. Councilmembers present: Mayor Jack Dovey, Councilmembers Jim Ferrell, Linda Kochmar, Mike Park, Jeanne Burbidge, and Dini Duclos. Mayor povey excused Deputy Mayor Eric Faison. Staff present: Interim City Manager Brian Wilson, City Attomey Pat Richardson and City Clerk Carol McNeilly. 2. EXECUTIVE SESSION The Council adjourned to Executive Session at 5:32 pm to discuss potential litigation pursuant to RCW 42.30.110(1)(i)and collective bargaining pursuantto RCW 42.30.140(4)(b)forapproximately sixty minutes. The Council adjourned from Executive Session at 6:10 pm. 3. ADJOURN Mayor povey adjourned the meeting at 6:11 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by CounciL• City Council Minutes October 20, 2009 Special Meeting Page 1 of 1 �Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers City Hall OCTOBER 20, 2009 7:00 PM www. cityoffederalway. 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 Wilson, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Isaac Conlen led the pledge of allegiance. MOTION: Kochmar moved to amend the agenda and add item 3.c. Presentation of Arts Alive Juried Winners. Councilmember Duclos second. VOTE: Motion carried 7-0. 3. PRESENTATIONS a. Certificate of Appointment: Plannina Commission Councilmember Kochmar presented Lawson Bronson with a Certificate of Appointment. The Council re-appointed Mr. Bronson to a four-year on the Planning Commission at the October 6, 2009 Council meeting. b. Citv Manaaer Emeraina Issues Introduction of New Emqlovees ICM Wilson introduced new employee Hollie Shilley, SurFace Water Management Water Quality Specialist. ICM Wilson reported on Police efforts throughout the City to reduce crime and stated a new joint policing plan targeting the Federal Way Transit Centerwas created. Interim Police Chief Andy Hwang reviewed the joint policing plan between Sound Transit, King County Metro Police and City Of Federal Way Police. Use of motorcycles and bicycles, additional police presence from Sound Transit and Federal Way officers and increased signage referencing police logos and video surveillance. This plan will be reevaluated after one year. Mr. Hwang also reviewed the City's crime statistics since 1998. Overall, crime rates have continued to decrease on an annual basis. City Council Minutes October 20, 2009 Regular Meeting Page I of 4 c. Presentation of Arts Alive Juried Winners (ADDED ITEIV� Councilmember Burbidge noted the Arts Commission honored the winners of the Arts Alive Juried contest at a reception earlier this evening. Arts Commission Chair Susan Honda and Councilmember Burbidge presented the following awards: The Jurors Award was presented to Mari Zaffuto. She received a$200 award and will have a private art exhibit at City Hall. The Commissioners Award was presented to Kathy McFall-Butler and Pat Longley. Both received a $150 award. Ballots for the Peoples Choice Award are still being collected and will be presented in December 2009. 4. CITIZEN COMMENT Nancy Combs spoke in support of the City installing a 4-way stop at the intersection of 21 S Ave. SW 305 Bettv Tavlor spoke in support of installing a traffic light for residents of Belmar Park Mobile Home Park. Council Members requested staff provide a briefing regarding the finro traffic issues mentioned during public comments. Mayor povey stated he will schedule a briefing for a future meeting. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval,� all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Approval of Minutes October 6, 2009 Regular Meeting Approved b. Council BiU 506 Traffic Impact Fee F'�tReaa�ng,as�os Approved Ordinance No. 09-627 c. Council Bill 507 Transportation Concurrency Management F'�t Rea°'"9'0�6�°9 Ordinance No. 09-628 d. Council Bill# 508 Establishing Time of Payment, Interest and Penalties for North Lake Management District F tR ea a 9,o s os Approved Ordinance No. 09-629 e. Council Bill# 509 NPDES Code Amendments F'�t Reaa��9,orsros Approved Ordinance No. 09-630 f. S 352" Street Extension Project 30 Design Status Report' Approved g. 2010 Asphalt Overlay Program Preliminary Project List and Authorization to Bid �urc o�s�os AP proved h. WA State Department of Ecology Grant (Sea Lettuce) Permission to Apply �uTC �oi�os Approved i. Acceptance of King County Conservation Futures Funding and Acquisition Update ��c �oi�os j. Playground Replacement Alderdale Park PR"sPSC �oi��os Approved k. Playground Replacement Steel Lake Annex, Sacajawea and Saghalie Parks PR"sasc �a��os Approved I. Purchase New Mower for West Hylebos Wetlands Park PR"sPSC �on�os Approved m. 2nd Amendment for Landscaping Services at Dumas Bay Centre PR"sPSC,on�os Approved n. Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila and The Port of Seattle, for the Valley Narcotics Enforcement Team PR"sPSC,o�,�os Approved o. Interlocal Agency Agreement with Seattle PD, WASPC (JAG) Grant, Gang Analyst PR"sPSc ,on�os Approved p. King County RSO Grant Funding Cost Reimbursement AgreementPR"sPSC �on�os aPproved MOTION: Deputy Mayor Faison moved approval of the Consent Agenda. Councilmember Burbidge second. VOTE: Motion carried 7-0. City Council Minutes October 20, 2009 Regular Meeting Page 2 of 4 6. INTRODUCTION FIRST READING OF ORDINANCES a. Council Bill 510 SEPA Amendments and Zoninq Code Amendments AN ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY REVISED CODE TITLE 14, CHAPTER 14.15.030, RELATING TO STATE ENVIRONMENTAL POLICY ACT (SEPA) EXEMPT LEVEL THRESHOLDS, AND AMENDING TITLE 19, CHAPTER 19.60.050 FOR USE PROCESS II, CHAPTER 19.65.100 FOR USE PROCESS III, CHAPTER19.70.150 FOR USE PROCESS IV, AND CHAPTER 19.75.130 FOR USE PROCESS V (AMENDING ORDINANCE NOS. 09-594, 07-573, 07-554, 04-468, 02-424, 00-375, 99-337, 97-291, 92-133, 90-43, AND 90-40) The City Clerk read the ordinance title into the record. Senior Planner Joanne Long-Woods reviewed the proposed code amendments. MOTION: Councilmember Kochmar moved to forward the ordinance to second reading and approval at the November 3, 2009 Council meeting. Councilmember Duclos second. VOTE: Motion carried 7-0. 7. COUNCILREPORTS Councilmember Kochmar reported that Suburban Cites Association has been meeting with King County representatives in an effort prevent cuts in transit services. Councilmember Burbidge reported the King County Regional Transit Committee is also looking at ways to prevent cuts to transit services. The South County Area Transportation Board had a presentation on the 20/40 Plan that focused on road tolls as an option for revenues. Councilmember Park reported the next FEDRAC meeting is October 27, 2009. He will also be attending an upcoming Regional Law Safety and Justice Committee Meeting. Councilmember Ferrell, Faison and Duclos had not report. Mayor povey reported the SCORE Project is moving forward. The bid opening was last week and project bids were below estimates. Tomorrow bonds for the project will be finalized. He also stated the Lodging Tax Advisory Committee adjusted their budget to submit a bid to host the 2011 NCAA Swimming Championship. 8. CITY MANAGER REPORT Interim City Manager Wilson had no report this evening. 9. EXECUTIVE SESSION The Council did not adjourn to Executive Session. canceled b. canceled City Council Minutes October 20, 2009 Regular Meeting Page 3 of 4 10.ADJOURNMENT With no further business before the Council, Mayor povey adjourned the meeting at 7:52 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes October 20, 2009 Regular Meeting Page 4 of 4 CITY OP Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers City Hall NOVEMBER 3, 2009 5:30 PM www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor povey called the meeting to order at 5:30 pm. Co�ncilmembers present: Mayor Jack Dovey, Councilmembers Linda Kochmar, Mike Park, Dini Duclos and Jeanne Burbidge. Deputy Mayor Eric Faison arrived at 5:35pm. Councilmember Jim Ferrell arrived at 5:38pm. 2. COMMISSION COMMITTEE INTERVIEWS The council interviewed two applicants for appointment to the Lodging Tax Advisory Committee. 3. EXECUTIVE SESSION The Council adjourned to executive session at 5:50 pm to discuss potential litigation pursuant to RCW 42.30.110(1)(i). Councilmember Kochmar adjourned from executive session at 6:05 pm. The Council adjourned at 6`.10 pm. 4. ADJOURN Mayor povey adjourned the meeting at 6:11 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes November 3, 2009 Special Meeting Page 1 of 1 CITY OF Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers City Hall NOVEMBER 3, 2009 7:00 PM www. cityoffederal wa y. com 1. CALL MEETING TO ORDER Mayor povey calied the meeting to order at 7:02 pm Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Council Members Jim Ferrell, Jeanne Burbidge, Mike Park, Linda Kochmar and Dini Duclos. Staff present: Interim City Manager Brian Wilson, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Merle Pfeiffer led the pledge of allegiance. 3. PRESENTATIONS Mayor povey asked everyone to observe a moment of silence for fatlen Seattle Police O�cer Timothy Brenton. a. Proclamation: Help the Homeless Week, November 9-13, 2009 Councilmember Burbidge read the proclamation into the record and presented it to Phil Wamba of the FUSION Organization. b. Safe Citv Proaram Update Walmart representative Dick Maher presented the Safe City Federal Way Program with a$500 check. Police Lieutenant Sandy Tudor who coordinates the program was on hand to accept the check. c. Citv Manaqer Emerqinq Issues Introduction of New Emqlovees ICM Wilson shared a video that highlighted the amenities of Federal Way that aired on television during the King County Executive candidate debates. ICM W ilson then introduced Surface Water Manager Will Appleton who stated on October 19 the City was notified of a sink hole in the Marine Hills West subdivision. Emergency repairs were authorized and staff has explored three options to repairthe issue. Theywill move forward with cleaning the existing pipe and lining it with a resin (known as cured in place pipe). This is a low impact solution with respect to construction and is estimated to cost befinreen $24k and $28k. The cost for the repairs will be funded with Capital Improvement funds. City Council Minutes November 3, 2009 Regular Meeting Page 1 of S 4. CITIZEN COMMENT H. David Kaplan spoke in support of approving the tourism enhancement grant recommendations. Betfir Tavlor thanked staff for the briefing on traffic issues near Bellmore Park at the November 2 LUTC meeting. She would like staff to talk about Mrs. Claus came and extended an invitation to the Council to attend a holiday tree lighting event December 5 at Dash Point Village Shopping Center. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Counci! 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. Monthly Financial Report APPROVED b. Vouchers APPROVED c. Council Bill 510 SEPA Amendments and Zoning Code Amendments APPROVED ORD/NANCE 09-631 d. School Impact Fees APPROVED �.,..�s�,. u..,,, c„� �+h unv L oti��e iv ic f. State Lobbyist RFP; Approval to Award Contract APPROVED g. Interlocal Agreement with the State Administrative Office of the Courts (Interpreter Services) APPROVED h. Human Services Electronic Joint City Grant Application: HSConnect.net APPROVED i. j. Tourism Enhancement Grant Award Recommendations APPROVED MOTION: Deputy Mayor Faison moved approval of items 5.a. through 5.j. Councilmember Ferrell second. Councilmember Kochmar pulled 5.e. Councilmember Duclos pulled 5.i. VOTE: Items 5a, b, c, d, f, g, h and j were approved 7-0. 5.e. Pacific Hwy South HOV Lanes Phase IV (S 312' St to Dash Pt Road) Proiect Supplement to the Lakehaven Utility District Design Construction Interlocal Agreement Councilmember Kochmar recused herself from this item. MOTION: Councilmember Duclos moved approval, Deputy Mayor Faison second. VOTE: Motion carried 6-0. Councilmember Kochmar recused. 5.1. RESOLUTION: Small Business Incubator Fundinq Councilmember Duclos recused herself from this item. MOTION: Deputy Mayor Faison moved approval, Councilmember Kochmar second. VOTE: Motion carried 6-0. Councilmember Duclos recused. Resolution 09-562 City Council Minutes November 3, 2009 Regular Meeting Page 2 of 5 6. INTRODUCTION FIRST READING OF ORDINANCES a. COUNCIL BILL #511: Personal Wireless Service Facility An Ordinance of the City of Federal Way, Washington, relating to Personal Wireless Service Facilities: amending FWRC 19.255.010,19.255.020,19.255.040,19.255.050, 19.255.080, and 19.255.100; repealing FWRC 19.255.070, and 19.255.090; amending FW RC 19.195.190, 19.200.190, 19.205.200, 19.210.050, 19.215.100, 19.220.120, 19.255.120, 19.230.140, 19.235.100, and 19.240.140; and repealing FWRC 19245.010 (Amending Ordinance Nos. 97-300, 00-363, 01-399, 06-515; 07-559, AND 08-585). Associate Planner David Lee stated the proposed amendments are part of the Planning Commission 2009 Work Plan. He reviewed the amendments which are intended to reduce redundant language, remove sub-prioritization of location preferences, remove submittal requirements for electromagnetic field (EMF) implementation reports and remove the 10-year expiration period. In addition, amendments to the City's zoning charts are also being proposed to change the minimum review process from a Process III to a Process II. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to forward the ordinance to second reading and approval at the November 17, 2009 Council meeting. Councilmember Duclos second. VOTE: Motion carried 6-0. Mayor povey recused. B. COUNCIL BILL #512: 2009 Housekeepinq Budctet Adiustment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE ADOPTED 2009-10 BIENNIAL BUDGET (AMENDING ORDINANCE NOS. 08-589, 09-612 AND 09-616) Finance Director Tho Kraus stated the purpose of the proposed budget adjustment was to include items approved by the Council during the year and adjust those expenditures that are funded with matching revenues. Ms. Kraus reviewed the adjustments by department. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Park moved to forward the ordinance to second reading and approval at the November 17, 2009 Council meeting. Councilmember Duclos second. VOTE: Motion carried 7-0. 7. COUNCIL BUSINESS a. Commission Appointments: Lodqinq Tax Advisorv Committee Prior to this meeting, the Council conducted a Special Meeting to interview candidates who were interested in serving on the Lodging Tax Advisory Committee. Members who are appointed will be invited to the November 17, 2009 Council Meeting to receive a Certificate of Appointment. MOTION: Mayor povey moved the following appointments: Reappoint Mike Dunwiddie and Carrie Wells to Z-year terms expiring 10/31/2011, appoint Rose Ehl to remainder of term expiring 10/31/2010, appoint W. Allen King to 2-yearterm expiring 10/31/2011. Councilmember Duclos second. VOTE: Motion carried 7-0 City Council Minutes November 3, 2009 Regular Meeting Page 3 of S b. Amendment to the former AMC Theatre Site Purchase and Sale Aqreement Patrick Doherty reported that on September 10, 2009 the Council voted to approve the extension of the purchase and sale agreement with United Properties to November 4, 2009. United Properties is requesting to extend the agreement through the end of the year so they have additional time to finalize their financing with Landor KORUS. MOTION: Councilmember Duclos moved to approve and authorize the City Manager to execute the extension to December 31, 2009, of the Purchase and Sale Agreement with United Properties in order to provide sufficient time for Lander KORUS to secure the necessary financing for purchase of the site and construction of the project; provided that, Lander KORUS deposit with Escrow tomorrow payment in the amount necessary to pay for the City's carrying costs. Councilmember Ferrell second. VOTE: Motion carried 7-0. 8. COUNCIL REPORTS Councilmember Duclos extended best of luck to all candidates who are participating in the election. Councilmember Kochmar reported the next Land Use Transportation Committee meeting was November 17, and the Suburban Cities Association Public Issues Committee will meeton Nov�ber 4. Councilmember Burbidge reported the next Parks Recreation Human Service Public Safety meeting is November 10. A fundraiser for the Reach-Out Homeless Shelter is scheduled for November 7, and the Historical Society will be hosting a Veterans Day Event on November 14. Mayor povey reported he and Councilmember Duclos would be visiting business incubators in California. The City of Auburn is hosting a Veterans Day Celebration that includes a pancake feed and parade. Councilmembers Ferrell, Park and Deputy Mayor Faison had no report. 9. CITY MANAGER REPORT ICM Wilson reported the City has extended their condolences and assistance in response to Seattle Police Officer Timothy Brenton death. He stated staff would present the mid-biennium adjustment to Council on November 17. 10. EXECUTIVE SESSION The Council did not adjourn into executive session. canceled City Council Minutes November 3, 2009 Regular Meeting Page 4 of S 11. ADJOURNMENT With no further business before the Council, Mayor povey adjourned the meeting at 8:00 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes November 3, 2009 Regular Meeting Page 5 of S COUNCIL MEETING DATE: �O��m�r j�ITEM b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendments to Federal Way Revised Code (FWRC) Titie 19, "Zoning and Development Code," related to Personal Wireless Service Facitities POLICY QUESTION: Should the City approve amendments to FWRC Title 19 to reduce redundant language, remove sub- prioritization of location preferences, remove submittal requirements for electromagnetic feld (EMF) implementarion reports, remove the 10 year expiration period, and amend the zoning charts to change the minimum review process from a Process III to a Process II? COMMITTEE Land Use/Transportation Committee (LUTC) C:ATEGORY: Consent City Council Business S'raFF REpoR7' BY: Associate Planner David Lee MEETING DATE: October 19, 2009 Public Hearing Other Ordinance Resolution DEPT: Community Development Services Exhibits: i} Planning Commission staff reporE for the October 7, 2009 public hearing with Exhibits A-C; 2) October 6, 2009 H-mail from RealCom concurring with staffls changes; 3) Second version of Amendments based on RealCom's comments; 4) Minutes of the October 7, 2009, Planning Commission pubic hearing; and 5) Draft adoption ordinance. Backgronnd: The proposed amendments are part of the 20Q9 Planning Commission Work Program. The Personal Wireless Service Facilities (PWSF) code amendments �vere first adopted in September 1997 and subsequently amended in January 2000 and August 2001. When initially adopted, the code was crafted to establish a highly complex regulatory scheme due to concerns about electromagnetic fields (EMF), and aesthetic issues. Since that time, the city has issued 51 permits with no appeals, and we now propose to streamline the review process. The proposed amendments were distributed to 30 stakeholders and comments were received from only one, RealCom, a consulting firm working in the telecom field. The Planning Commission held a pubtic hearing on October 7, 2009, at which time; staff presented a second version of the amendments based on input frorn RealCom (Exhibit 3}. The Pianning Commission recommended unanimously adopting the second version of the amendments (Exhibit 3). Options Considered: 1) Adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance; 2}_Ado�t the_Plannin� Commtssion's_recommendation as modified by _the LUTC or 3) Do not adopt the pro�osed amendments_ PLANNING COMMISSION RECOMMENDATION Adoption of code amendments as presented by staff: STAFF RECOMMENDATION Staff recommends the Council adopt Option 1, adopt the Planning Commission's recommendation as contained in the Draft Adoprion Ordinance i`h v��' CITY MAI�[ACER APPROVAL: ��tr�� S�� ;�Ji DIKECTOR APPROVAL' L/'"f' �Ty�'% Committee Council Committee Councit COMMITI'EE RECOMMENDATION Forward Option 1; adopt the Planning Commission's reco en ation as ained in the Draft A optio�Ordinance to the full Council on No ber 2009 or rst reading C�.,..�--- f Linda Koc r, Chair Dini Duclos, Member Ji errell, Member P POSED COl?NCIL MOTIQN(S): I READING OF ORDINANCE (I 1/O3/09� '7 mo►�•e to forwarrl the ordinance to a seconc�; r ading jor enactment on the November 17, 2009, consent agenda. 2" READING OF ORDIIVANCE (1 l/17/�9): "I move approval o f �he L UTCs recommendation to approve ihe code amendments, which are coniained in the Adoption Ordinance. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: D APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION MOVED TO 5ECOND READING (ordinances on(v) REVISED- 02/Obi2006 COUNCIL BILL l sT reading Enactment reading ORDtNANCE #t RESOLUTIOPi I' Filc #09-102608-OQ-UP [�ic ID 51656 CITY OF Federa111t�ay I. II. ����_-��r STAFF REPORT TO THE PLANNING COMMISSION Proposed Amendments to Personal Wiretess Service Facilities Amendments to Federal Way Revised Code (FWRC) Title 19 File No. 09-103475-00-UP 09-103477-SE Public Hearing on October 7, 2009 REASON FOR AMENDMENTS The proposed amendments are a part of the 2009 Planning Commission work program. The Personal Wireless Service Facilities (PWSF) code amendments were first adopted in September 1997, and subsequently amended in January 2000 and August 2001. At that time, the code was crafted to provide for a high level of public notification due to concerns about electromagnetic fields (EMF). Since that time, the city has issued 52 permits with no appeals. Amendments to the zoning code regarding Federa! Way Revised Code (FWRC) Chapter 19.255 and associated zoning charts are intended to reduce redundant language, remove sub-prioritization of location preferences, remove submittal requirements for electromagnetic field (EMF) implementation reports, and remove the 10 year expiration period_ Zoning charts are also proposed to be modified to change the minimum review process from a Process III to a Process II. The Planning Commission is being asked to review the proposed changes to the zoning code attached as Exhibit A, and forward a recommendation to the City Council. BACKGROUND Cellular phones are �ow an integral part of modern telecommunicarions. Additionally, cellular phones allow people to maintain continuous communication without hampering freedom of movement. In some instances, they are the sole phone for many households, and therefore, a strong reliable coverage network is of utmost importance. In order to pravide a strong cellular network to keep pace with the growing population of cellular users, more mobile base and relay stations (PWSFs/antennas) are needed. Staff has reviewed the literature surrounding potential health effects of PWSFs and concluded that the jury is still out s�n the health effects associated with electromagnetic fields (EMF) associated with PWSFs. However, preliminary on-going studies have found that there is negligible affects on human physiology. All health related aspects and governance of EMF exposure levels of the PWSF industry are regulated by the Federal Communications Commissions (FCC). A technical summary on the science of cellular technology has been included as Exhibit B. Proposed Amendments to Personal Wireless Service Facilities (PWSF) Federal Way Revised Code Staff Report to the Planning Commission Page 1 of 7 C:a:j s �'�`q�. :.���i �l;s�r;� F�k��.___3��1�,.,�_ III. PROPOSED CODE AMENDMENTS Modify FWRC 19.255.010 Removal of redundant language, addition of an exemption to allow work within an existing equipment enclosures or buildings, and removal of sub- prioritization. Currently, if a new electronic cabinet was installed within an existing equipment enclosure or building, the electronic cabinet is subject to the land use process associated with the underlying zoning. Staff (as well as PWSF companies) found if there is no architectural or gross floor area change, it was too onerous on PWSF contractors to submit for a land use decision for the simple addition of electronic equipment. Currently, there are five levels of site prioritization in the site selection process that must be demonstrated by the appticant to the city that the chosen location meets the site appropriateness criteria. In order of preference, the prioritized locations for PWSFs are as fotlows: structures located in the BPA trail; existing broadcast, relay, and transmission towers; publicly used structures, appropriate business, commercial, and city center zoned sites; appropriate public rights-of-way; and alternative location as approved by the Director of Communiry Development. Of the five prioritized sites, appropriate business, commercial, and city center zoned sites and appropriate public rights-of-way have sub-prioritizations: Upon review of the sub- prioritizations, staff has concluded that the five main prioritized locations serve as adequate measures to ensure that PWSFs are located appropriately. Current PWSF technologies have become more streamlined, compact, and aestheticaily designed to minimize visual intrusiveness. Additionally, as studies have shown, cellular/PCS facilities operate at a power level well below regulated thresholds. 2. Modify FWRC 19.255.020 Combining of development standards for PWSFs and associated electronic equipment cabinets in or out of the right-of-way. T'his includes: additional language stressing design of the PWSF; addirional language to have equipment enclosures outside of the right-of-way; and additional language to give setback relief to development of PWSFs on undeveloped properties in nonresidential zones. As currently written, the language for development standards for PWSFs and associated electronic cabinets were in four separate sections. For example, the section is divided into two major sections, one section for PWSFs and one section for electronic equipment cabinets. These two sections are then further divided into two more secrions: located within the right-of-way and located outside of the right-of-way. Upon review by staff, it was discovered that the language for the development standards of the PWSFs and associated electronic cabinets in or out of the right-of-way were nearly identical. In order to clarify the development standards and make the section more uniform, the sections were combined to create two distinct sections. One section for development standards for PWSFs (regardless of whether or not it was in the right-of- way) and one section for the development standards of electronic enclosures. Proposed Amendments to Personal Wireless Service Facilities (PWSF) Federal Way Revised Code Staff Report to tfie Planning Commission Page 2 of 7 t.� ���:1' �a a4 oFi�.:_ ,,.,y ����____�a���-��� Additional language was added under FWRC 19.255.020(2)(g) to emphasize design of the PWSFs, rather than simply painting the structure to match existing development. Current PWSF design and technology allows for near visua! seamless integration into developed sites. Equipment enclosures have been proposed to be placed outside of the right-of-way. As a policy, the Public Works Department discourages work within the right-of-way for private developments. Aesthetically, equipment enclosures within the right-of-way also create visual clutter, despite screening and landscaping requirements. As cunently written, an equipment enclosure developed on an undeveloped site in a non- residential zone must be setback 20 feet from all property lines. The new language proposes to grant relief to the setback requirements for equipment enclosures located on an undeveloped site in a non-residential zone by allowing the equipment enclosure c(oser to each property line as long as the equipment enclosure can be demonstrated to blend in harmoniously with the existing site and complement the landseape buffer requirements of the underlying zone. This amendment was in response to an industry comptaint regarding the stringent setbacks. Upon further analysis, it was also determined that the required placement of equipment enclosures may hinder future efforts to develop the site with a more substantial use. 3. Modify FWRC 19.255.040 Removal of 30 day maximum time limit for temporary PWSF's during emergencies declared by the city, state, or federal government, and allow for the Director of Community Development Services to determine an appropriate amount of time. This code amendment is in response to the unpredictable nature of major disasters or events and the need for a less restrictive time period in order to provide essential communications throughout the city in times of said events. Staff consulted Emergency Management Coordinator Ray Gross in regards to this amendment. 4. Modify FWRC 19.255.050 Removal of unnecessary requirements, removal of redundant language, and addition of language regarding the requirement of photo simulations to include examples of camouflage and stealth installation options. Additional language was added to the photosimulation requirement to further emphasize the need for design options other than paint_ Language in requirement (d) was struck due to the redundant nature. Language in requirement (e) was struck due to the unnecessary and onerous nature of the question. The coverage chart in requirement (d) and the PWSF inventory requirement of requirement (e) are adequate for review purposes. Language in requirement (g) was struck to remain consistent with previous proposed changes within the chapter. Requirement (h) was struck as the proposed code amendment FWRC 19.255.020 requires that equipment enclosures be placed outside of the right-of-way. Proposed Amendments to Personal Wireless Service Facilities (PWSF) Federal Way Revised Code Staff Report to the Planning Commission Page 3 of 7 5. Removal of FWRC I9255.070 PA�����= Per the provisions of the Telecommunications Act of 1996 Section 704, the FCC was charged with setting guidelines for environmental radio frequency emissions, and local governments are not permitted to restrict the construction of wireless service facilities based on their environmental EMF levels if they meet FCC guidelines. All cellular/PCS facilities must be registered and licensed through the FCC. Furthermore, if there is documented evidence of interference to other signals caused by a cellular/PCS facility, the FCC is the enforcement agency to rectify any issues. 6. Removal of FWRC 19.255.090 This code section is proposed to be removed due to the inconsistent nature of this code section and city policy. No other land use decision expires for the sole purposes of forcing a development to re-apply for a land use decision_ PWSF providers have been self-policing in terms of corr►ing in on their own to update and upgrade their facilities to cunent generation technology. In many cases, once large/wide antennas have been replaced with smaller and less visually intrusive antennas. Additionally, the redundant language in regards to land use approval expiration has been removed as it is covered under FWRC 19.15.100. IV. V. Modify Zoning Charts FWRC 19.195.190, 19.200.190, 19.205.200, 19_Z10.050, 19_212.120, 19.225.120, 19.234.140, and 19.240.140. These zoning charts are proposed to be modified to reduce redundant language, reduce land use process requirements, and make the ianguage in the charts consistent with proposed text amendments in FWRC 19.255. FWRC 19.235.100 related to allowing PWSFs in the Office Park (OP) zoning district and the OPl 4 zoning districts is proposed to be amended to remove any reference to the OP1 4 zoning districts. FWRC 19.245.010, related to allowing PWSFs in the Corporate Park I(CP- 1) is proposed to be deleted. These districts (OP 1, OP2, OP3, OP4 and CP 1) were created through concomitant agreements, which have their own unique tist of allowable uses and the agreements are not typically codified in the FWRC. PROCEDURAL SUMMARY On September 12, 2009, the city issued an Environmenta.l Determination of Nonsignificance (DNS) on the proposed amendments, with a comment deadline of September 28, 2009, and an appeal deadline of October 12, 2009. No comments on the DNS have been submitted to the city as of the date of transmittal of this staff report. Public notice of the October 7, 2009, public hearing was published and posted on September 19, 2009, in accordance with the city's procedurai requirements. PUBLiC COMMENTS 1. Sarah Telschow, of RealComm Associates LLC (a telecommunications consulting and contracting service), was the only party to submit formal comments from the communications industry. Her comments have been attached as Exhibit C. It appears that some of her Proposed Amendments to Personal Wireless Service Facilities (PWSF) Federal Way Revised Code Staff Report to the Planning Commission Page 4 of 7 �e"'a�'i����� PA��__,.,�.�� comments stem from a misunderstanding of the code. Staff is still analyzing other suggestions made by Ms_ Telschow. A meeting between city staff and Sarah Telschow has been set for October 5, 2009, to discuss her comments and suggestions. 2. Although not a formal submittai of comments, staff has talked to a gentleman in regards to possible interference caused by PWSF facilities to amateur HAM radio facilities. The main concern was in regards to the proposed removal of FWRC 19.255.070(2), which presently allows the city to revoke or modify a permit if it is found that the PWSF interferes with other communications reception. The city does not have a telecommunications specialist who can measure or determine any complaints regarding interference. Additionally, any and all issues regarding bandwidth or frequency issues must be handled by the FCC by federal law. This information was relayed to the gentleman. VI. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Process VI Counci! Rezones," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the zoning code text regarding any proposed amendments. To determine whether the proposed zoning code text amendments meets the criteria provided by FWRC 19.80. i 30. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendrr►ents. VII. DECISIONAL CRITER[A FWRC 19.80.130 provides criteria for zoning text amendments. The following secrion analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWRC 19.80.130_ The City may amend the text of the FWRC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The proposed FWRC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) policies: LUGI Improve the appearance and function of the built environment. LUPI Use residentia! design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses_ LUG2 Develop an efficient and timely development review process based on public/private partnerships. Proposed Amendments to Personal Wireless Service Facilities (PWSF) Federal Way Revised Code Staff Report ro the Planning Commission Page 5 of 7 l �a������ LUP4 Maximize efficiency of the development review process. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. PUGl Work with private utility companies to allow them to provide full and timely service that meets the needs of the City's residents and businesses, both present and future. PUG2 Work with private utility companies to allow them to provide service in a way that balances cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health. PUG3 Process permits for private utility facilities in an efficient and timely manner, in accordance with €ranchise agreements, development regularions, the FWCP, and adopted codes. 2. The proposed amendment bears a substantial reiationship to public health, safety, or welfare. The proposed FWRC text amendment bears substantial relationship to the public health, safety, and welfare because it provides for more streamlined permit processing, which in turn ultimately translates into a more reliable communications network. Additionally the amendment affords the city more flexibility to offer a communications solution following a disaster or accident. 3. The proposed amendment is in the best interest of the residents of the city. Approval of the proposed code amendment would benefit the city as a whole as it would provide the opportunity for a stronger communications network within the city and aesthetically pleasing PWSFs. VIII. STAFF RECOMMENDATION Based on the above staff analysis and decisional criteria, staff recommends that the following amendments to FWRC Title 19, "Zoning and Development Code," as set forth in Exhibit A, be recommended for approval to the City Council. 1. Amendments to FWRC 19.255.010. 2. Amendments to FWRC 19.255.020. 3. Amendments to FWRC 19.255.(140. 4. Amendments to FWRC 19255.050. 5. Removal of FWRC 19255.070. 6. Removal of FWRC 19255.090. 7. Amendments to Zoning Charts FWRC 19.195.190, 19.200.190, 19.205.200, 19.210.050, 19.212_ 120, 19.225.120, 19.230.140, 19.235.100, 19.240.140, and deletion of Zoning Chart 19.245.010. Proposed Amendments to Personal Wireless Service Facili[ies (PWSF) Federal Way Revised Code Staff Report to the Planning Commission Page 6 of 7 �����-s:�� PA+��.����� IX. PLANNIIYG COMMISSION ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: I. Recommend to the City Council adoption of the FWRC text amendments as proposed; 2. Modify the proposed FWRC text amendments and recommend to the City Council adoption of the FWRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or 4_ Forward the proposed FWRC text amendments to the City Council without arecommendation. EXH[BITS Exhibit A Proposed Code Amendments: Chapter 19.255, "Personal Wireless Service Facilities" Zoning Charts: 19.195.190, 19200.190, 19.205.200, 19.210.050, 19.212.120, 19.225.120, 19.230.140, 19.235.100, 19.240.140, and 19.245.010 Exhibit B A Brief Technical Summary on PWSFs Exhibit C— Copy of Email Received from Sarah Telschow, RealCornm Associates LLC K:�2009 Code Amendrnents�PWSF1Planning Commission\STAFF REPORT TO THE PLANNING COMMLSSION.doc Proposed Amendments to Personai Wireless Service Facilities (PWSF) Federal Way Revised Code Staff Report to the Planning Commission Page 7 of 7 EXHIBIT A �A�� 2 FEDERAL WAY REVISED CODE (FWRC) TITLE 19, Z01vING AND DEVELOPMENT CODE Chapter 19.255, Personal Wireless Service Facilities Sections: 19.255.010 Personal wireless service facilities (PWSF). 19.255.020 Development standards. 19.255.030 Nonconfortnance. 19.255.040 Temporary personal wireless service facilities. 19.255.050 Application requirements. i 4.255.060 Collocation. i n ��3 n�n �r,r� a a a� .o�F ..e,.,.o -v-r�nrrrr�ciiaurasuiiQ °.��w 19.255_070 Removal of facility. i n �cc nnn no..,.,,;+ i:».:�.,�:,.�� 19.255.080 Revocation of permit. 19Z55.010 Personal wireless service facilities (PWSF). (1) Purpose. This section addresses the issues of locarion and appearance associated with personal wireless service facilities_ It provides adequate siting opportunities through a wide range of locations and options which minimize safety hazards and visual impacts sometimes associated with wireless communications technology. b F F 'i'F' o 1+ ,.:�a;., a F 2� De znitions. An words, terms or hrases used in this section which are not otherwise defined �shall .f Y P have the meanings set forth in Chapter 19.05 FWRC. (3) Exemptions. The following antennas and facilities are exempt from the provisions of this section and shall be permitted in all zones consistent with applicable deveiopment standards as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations: (a) Wireless communication facilities used by federal, state, or local public agencies for temporary emergency communications in the event of a disaster, emergency preparedness, and public health or safety purposes. (b) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC; provided such equipment complies with all applicable provisions of FWRC 19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances. (c) Citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio operators; provided such antennas comply with all applicable provisions of FWRC 19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances. (d) Satellite dish antennas less than two meters in diameter, including direct-to-home satellit� services, when used as a secondary use of the property; provided such antennas comply with all applicable provisions of FWRC 19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances. (e) Automated meter reading (AMR) facilities for the purpose of collecting utility meter data for use in the sale of utility services, except for whip or other antennas greater than two feet in length; provided the AMR facilities are within the scope of activities permitted under a valid franchise agreement between the utility service provider and the city. Routine maintenance or repair of a wireless communication facility and related equipment excluding structural work or changes in height, dimensions, or visual impacts of the antenna, tower, or buildings; provided, that compliance with the standards of this tit(e is maintained. PA�E �g) Equipment cabinet additions or upQrades within existing equipment enclosures or buildin�s, so long as there is no material area expansion of the equipment enclosure or buildin� or chan�e to the annroved architectural desi�r► of the existin�equipment enclosure or buildin�. (4) Prioritized locat�ons. T'he following sites shall be the required order of locations for proposed PWSFs, including antenna and equipment shelters. In proposing a PWSF in a particular location, the applicant shall analyze the feasibility of locating the proposed PWSF in each of the higher priority (ocations and document, to the city's satisfaction, why locating the PWSF in each higher priority location and/or zone is not being proposed. In order of preference, the prioritized locations for PWSFs are as follows: (a) Structures located in the BPA trail. A PWSF inay be located on any existing support structure currently located in the easement upon which are located U.S. Department of Energy/ Bonneville Power Administration ("BPA") Power Lines regardless of underlying zoning. (b) Existing broadcast, relay and transmission towers. A PWSF inay be located on an existing site or tower where a legal wireless telecommunication facility is currently located regardless of underlying zoning. If an existing site or tower is located within a one mile radius of a proposed PWSF location, the applicant shall document why collocation on the existing site or tower is not being proposed, regardless of whether the existing site or tower is located within the jurisdiction of the city. (c) Publicly used structures. If the city or other �ublic.a e�ncy consents to such location, a PWSF may be located on existing public facilities within ali zoning districts, such as water towers, utility structures, fire stations, bridges, and other public buildings, provided the public facilities are not located within pubtic rights-of-way. (d) Appropriate Na N'�° °°a°d zoning districts. A PWSF inay be located on private buildings or structures within a;�*�:^*°, non-residential zoning districts as allowed bv the zoning chart. T"° �r°� a a:..+,.:,.... ,...+e,.,,.... ..;*o� n,,...�• �-u i r,.,...,.,..,+o n.,,-t. 9� t��r-eag�r�(1�-��€€��e �'a��� �r r:�.. ro„+o,. �,,,.o (e) Appropriate public rights-of-way. For the purposes of this section, appropriate public rights- of-way shall be defined as including those public rights-of-way with functional street classifications of principal arterial, minor arterial, and principai collector. A PWSF inay be located on existing structures in appropriate public rights-of-way. Structures proposed for location of PWSFs shall be separated by at least 330 linear feet. Location of a PWSF on an existing structure in an appropriate public right-of-way shall require a right-of-way permit in addition to the required use process approval. �4�xer-�e�a� n..:..,.:.,.,i r„t�o,.*�,- If the PWSF is proposed to be located in an appropriate public right-of-way and the surrounding uses or zoning are not the same, that portion of the right-of-way with the most intensive use and/or zoning shall be the preferred location. If the PWSF is proposed to be located in an appropriate public r►ght-of-way and surrounding uses or zoning are the same, the prefened locarion shall be that portion of the right-of-way with the least adverse visual impacts. Proposed Code Amendments Fite #09-t03477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 2 of 10 PA�� 1��� If the applicant demonstrates to the city's satisfaction that it is not technica(ly possible to site in a prioritized location, the city reserves the right to approve alternative site locations if a denial would be in violation of the 1996 Telecommunications Act, as determined by the city. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord_ No. Oi-399, 3, 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97- 300, 3, 9-16-97. Code 2001 22-966.) 19.255.020 Development standards. The following development standards shall be followed in the design, siting, and construction of a personal wireless service facility: 1) Building- or structure-moc�nted PWSFs on existing buildings or structures in or out of the public rivht-of-tivay. PWSFs mounted on existing buiidings and structures shall conform to the fol(owing development standards: (a) T'he PWSF shall consist only of the following types of facilities= (i) A microcell or a minor facility; or (ii) A PWSF that exceeds the minor facility thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the director of community deveiopment services, subject to meeting all of the following standards: (A) The facility shall not create substantially more adverse visual impact than a minor facility; and (B) The equipment cabinet for the PWSF shall meet all rec{uirements of subsection (S� of this section; and (C) The maximum size of the PWSF panels and number of antennas shall be determined by the director of community development services, based on the specific project location, surrounding environment, and potential visual impacts; and (D) The PWSF shall comply with all other applicable standards of the Federal Way Revised Code. (b) The combined antennas and supporting structure may extend up to, but not exceed, 15 feet above the existing or proposed roof or other structure regardless of whether the existing structure is in conformance with the existing ma�cimum height of the underlying zone as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. Antennas may be mounted to rooftop appurtenances provided they do not extend beyond 15 feet above the roof proper. �c) For PWSF's located in the right-of-wav, the combined antennas mav extend up to the minimum necessar r�he�ight to meet safetv clearances required by the operator of the existin� structure, but not exceed 15 feet above the existin� shucture, plus the hei�ht of the proposed antennas as specified in subsection (1)L1 of this section. The maximum allowable height of the new structure with the PWSF antennas shall be determined by the director of communitv development services, depending upon the antenna type, design, location on the structure, and the proposed method of attachment. An existing structure can be increased in hei ht only once per a 12-month period. Anv structure, whether a new or replacement structure, located in a public right-of-way must be similar in terms of size (except hei�ht), shape, color, material, and location to the existin�and surroundin� structures, as determined by the director of communitv development services. The antenna extension may be permitted regardless of whether the existing structure is in conformance with the maximum hei�ht of the underlying zone as outlined in the use zone charts, FWRC Title 19, Division VI, Zonin�gulations. (-E} �The antennas are mounted on the building or structure such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment pursuant to subsection of this section. Panel and parabolic antennas shall be screened from residential views and public rights-of-way unless meeting the provision of FWRC 19.110.070(2)(b). (e)The maximum size of the PWSF panels and number of antennas shail be determined bv the director of community development services, based on the s�ecific �roject location, surrounding Proposed Code Amendments File #09-I03477-00-SE FWRC Chapter 19_255, Personal Wireless Services Facilities Page 3 of 10 PA��_..l.l_�� environment and potential visual impacts The maximum size of antennas to be iocated on existinQ structures in a public right-of-way shall be two feet in diameter for parabolic antennas, ei�ht feet in hei�ht for panel antennas, and i 5 feet in hei�ht for �vhip antennas. *�.o i��...:.,�. ao.,oi,,.,.�,or� rt.,.,a.,,.a�• C\'f'L. D�7f/C� �1..,11 ,,..1.. ,.4'+l�.o F 11,,..,:.,.. r....o� �,4' f ��li+;o�. -o r C:l n ..oll F ..;1:*..• ["1 A D\xlC�' +l...r o oo.a� rl.o F ..:l;r., r4...o�6,�,1.1� F.- .rl.e,- ..f.,,.ro........ o f A l Tl.o 4:,..:l.t.. �l..,ll e.,ro ...,1.,,�.,..+..,ll,. n.l:r�-rvs..i�,,.,1 n4 tL..,.. .,,-o r F ,.:l:h,. ....�1 e (i�\ Tl.e r ,..,1.:. F tl�o D�lI7C'T�' �l..,it ..,oe+ .,11 �,rr ..F....b.�o..�-:.,«.� ��.1...��..w.�"., Tl. F*t.o DUITC`� 1� ,a l.e� ..F.,..to....., �1�211 l.e �cT-c-rc�r�zulcirriurrrarz.cvrmcz-.rvi e L.e:..l.� F «....el .,.,ro..,,.,.. ...a 1 C F e+ L,o;..L.* f ..rl.,,. ....+e.,..nn- _n.,.� o /Tll Tt, D{xICG 1. 11 1 'tl, 11 *t.o,-., ..1;,.,.i.lo �r.,.,.1.,,-.1� �fk1�L'e.lo....l �x7.,.. �a�rrxc Do..:�e.a !''...7v b o v e o f f e e o l il;.,;�:.... \7T 7.,«:,,.. Do..,.l.,*:.,,,.� l.il Q+.-.,..+.,,-e., .,re ..,,1.1:,. ..L.+� ..F f t,.,..,*:,.,.. ..f D\7I7C'C.. ..1,.,/1 l.o �rr r a r--r f e} Required setbacks shall not pertain to PWSFs within public rights-of-way �e� Within residential zones, equipment enclosures, and buildings to house equipment cabinets located above ground on properties adjacent to the public right-of-way shall meet all appiicabie setback requirements for residential development of the underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shail be 20 feet for front, side, and rear yards. �3-} New freestanding PWSFs_ All requirements of the associated land use zonin� charts must be met. Additionallv, �these structures shall conform to the following site development standards: (a) Placement of a&eestanding PWSF shall be denied if placement of the antennas on an existing structure can meet the applicant's technical and network location requirements. Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personal Wire�ess Services Facilities Page 4 of 10 PA��_.L�.���,_ (b) Monopoles shall be the only freestanding structures allowed in the city; except that a lattice tower may be used to accommodate the collocation of four or more providers as part of a joint permit application_ (c) In no case shalt a freestanding PWSF be located closer than 500 feet to an existing freestanding PWSF whether it is owned or utilized by the applicant or another provider. (d) A freestanding PWSF, including the support structure and associated electronic equipment, shall comply with all required setbacks of the zoning district in which it is located. For developed sites, the setback requirements shall be those of the principal use of the subject property. For undeveloped sites, the setback requirements for new freestanding PWSFs shall be 20 feet for front, side, and rear yards. (e) Freestanding PWSFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to: (i) Use existing site features to screen as much of the total PWSF as possible from prevalent views; and/or (ii) Use existing site features as a background so that the total PWSF blends into the background with increased distances. [n reviewing the proposed placement of a facility on the site and any associated landscaping, the city may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility. (g) Support structures, antennas, and any associated hardware shall be camoufla�ed to blend in harmoniously within the existin� site through the use of faux-structural desi�r►s, or when not technolo�ically or aesthetically feasible, painted in a non-retlective se�e�e� cotor scheme appropriate to the background against which the PWSF would be viewed from a majority of points within its viewshed. The proposed color or color scheme shall be approved by the hearing exarniner or director of community development �ee�e� services. Screening standards for atl PWSFs. PWSFs shali be screened or camouflaged through employing the best available technology and design, as determined by the city. This may be accomplished by use of compatible materials, location, landscaping, color, stealth techniques such as, but not limited to, artificial trees and hollow flag poies, and/or other methods or techniques to achieve minimum visibility of the facility as viewed from public streets or residential properties. In addition, the provisions for landscaping as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations, shall apply. Standards for electronic� cabinets. -r�, r n i� wo .i. a ae „F i„ ..t:,, f., °a a,o,.,...,. e,, e..+ b `t r r 1 e e e --�:;��a Electronic cabinets shall either: *nv Y::.." !:l C.,..:.....,.e«* e ,.t...,.,.-e� ..L..,11 L.e ..1.,..o,i .,.70.-,..-..,,« Be placed in a� a new or existing completely enclosed building with the maxirnum size of the buildin� to be determined on a case-bv-case basis by the director of community development services, or; (-i� ii Be placed above ground in a new s�� exsiese�tri-��xg or existing ectuinment enc(osure with the maximum size of the buildin t�o be determined on a case-by-case basis by the director of community development services. (b) rF �w��.° Equipment enclosures shall be screened with one or a combination of the following methods, which shail be acceptable to the city: fencing, walls, landscaping, structures, buildings Proposed Code Amendments File �09-103477-00-SE FWRC Chapter 19.255, Personai Wireless Services Facilities Page 5 of 10 l F������� or topography which will block the view of the equipment enc(osure to the greatest extent possible from any street and/or adjacent properties, as determined by the director of community developrr►ent services. Screening may be located anywhere between the enclosure and the above-mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition, �ursuant to FWRC 19 .125.090(2) a°*°-m:�°a'�. f �i.o a ,.i„ �.o �n F ot :ao ra ,-a� o�, o If the equipment cabinet is located within a new Ee�}� enclosed building, the building shall conform to all applicable development standards and design guidelines for the underlying zone. The Ea�� enclosed building shall be architecturally designed and shall be compatible with existing buildings on the site. The se�� enclosed building shall be screened to the greatest extent possible from any street and/or adjacent properties by landscaping and/or topography. ��5l�e�a� S�tandards for equipment enclosures: fe� D r,r,rc i a t o b i,�, a�.,, ia�n i�'�; o!U!l\ o x,vcicTrccrgrrvvrrivv�vccscncS.i orrr rt.e ....1,1;,, ,-,.,l,t .,F �t.e ....l.l:,. .-...L.� ,.F ;..t:.,.. «le*el<, o ..l.,�0(1 1.�,:7,7:«�. e S e L' 1 1, 11 1. 1., e.a ...io .;tl,:.. +i.e L.+ .,i' ,.1,,.7:.,.. 4;.........:..*e«.,....o F,.*,.,.e o e., e 1..,11 i.e e ..r ..e+t..,�.t. .,r.. .�f'rt,o ...ao.-1..;.,R (a) Electronic equipment enclosures shall not be allowed within the right-of-wav. In residential zones, equipment enclosures located above ground on properties adjacent to the public nght-of-way sha(1 meet all applicable setback requirements for residential development of the underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards. However for undeveloped sites in nonresidential zones if the applicant can demonstrate that the equipment enclosure can blend in harmoniously with the existin� site and complement the landscape buffer requirements of the underlvin� zone as determined appropriate by the director of Proposed Code Amendmen[s Fiie #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 6 of l0 PA��..�_�� community develoQment services the equipment enclosure can be located inside of the 20 foot setback but outside of the required Landscapin� buffer of the underlyin zg one• Equipment enclosures shall be designed, located, and screened to minimize adverse visual impacts from the public right-of-way and adjacent properties. Equipment enclosures shall be designed, located, and screened to minimize adverse visual and functional impacts on the pedestrian environment. Equipment enciosures and screening shall not adversely impact vehicular sight distance. Security fencing. (a) No fence shall exceed six feet in height as stipulated in FWRC 19.125.160(5). (b) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials. (c) Chain-link fences shall be painted or coated with a nonrefiective color. Cumulative effects. The city shall consider the cumulative visual effects of PWSFs mounted on existing structures and/or located on a given permitted site in determining whether additional permits may be granted so as to not adversely effect the visuai character of the city. Signage. No wireless equiptnent shall be used for the purpose of mounting signs or message displays of any kind, except for small signs used for identifieation, hazard warnin�, and name of provider. Use zone charts, height and permit process. (a) The final approval authority for applications made under this section shall be defined by the appropriate permit process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. (b) Allowed heights shall be established relative to appropriate process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 01-399, 3, 8-7-01; Ord No. 00-363, 14, 1-4-00; Ord. No. 97- 300, 3, 9-16-97. Code 2001 22-967.) 19.255.030 Noneonformance. Permit applications made under this section to locate a PWSF on property on which a nonconformance is located shall be exempt from the requirements of Chapter 19.30 FWRC, Nonconformance, to bring the property into conformance as follows: (1) To provide the public improvements required by Chapter 19.135 FWRC, Development Improvements, as stipulated in FWRC 1930.110. (2) To bring the property into conformance with the development regularions prescribed in FWRC Title 16 re(ating to water quality as stipulated in FWRC 1930.120(lxg). All other requirements of FWRC 19.30.120 to bri�ng the properly into conformance with the development regulations prescribed in FWRC Title 16 relating to water quality shall apply. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 00-363, I4, 1-4-00; Ord. No. 97-300, 3, 9-16-97_ Code 2001 22-968.) 19.255.040 Temporary personal wireless setvice facilities. As determined by the director of community development services, a temporary personal wireless service facility, or cell-on-wheels, may be deployed and operated as follows: (1) For a period of 90 days during the conshuction of a freestanding PWSF which has been approved through the appropriate permit process; provided, that the temporary personal wireless service facility or cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the appropriate permit process. Only one temporary personal wireless service facility or cel(-on-wheels shall be permitted for a single site. (2) For a period of 39-�a�s time deternuned to be appronriate b�the director of communitv development services, during an emergency declared by the city, state, or federal government that has caused a freestanding PWSF which has been approved through the appropriate permit process to become involuntarily non-operationai; provided, that the temporary personal wireless service facility or cell-on- Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 7 of 10 f P��������� wheels creates no more adverse impacts than the PWSF which was approved through the appropriate permit process. (3) Prior to installation of the temporary PWSF, the applicant shall provide the city with a cash bond in an amount to be determined by the director of community development services in order to guarantee performance of future removal and restoration of the site. (Ord. No. 08-�8�, 3(E�ch. A), 11-4-08; Ord_ No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-969.) 19.255.050 Application requirements. (1) Except for temporary personal wireless facilities, permit applications made under this section shall include the following minimum information in addition to that required for the underlying permit review process: (a) A diagram or map showing the primary viewshed of the propvsed facility. (b) Photosimulations of the proposed facility from affected properties and public rights-of-way at varying distances. These photo simulations should include examples of camouflage and stealth installation options. (c) Architecturai elevations of proposed facility and site. (d) A coverage chart of the proposed PWSF at the requested height and an explanation of the need for that facility at that height and in that location. �,o o,, (e) An inventory of other PWSF sites operated by the applicant or other providers within a one- mile radius of the proposed PWSF location, a� ���~��u��ooQns b (fl A site/landscaping plan showing the specific placement of the PWSF on the site; showing the location of existing siructures, trees, and other significant site features; and indicating type and locations of plant materials used to screen PWSF components. (g) If the PWSF electronic equipment cabinet is proposed to be located above ground, �'g�ess an explanation of why it is impracticable to locate the cabinet underground. Documentation of efforts to collocate on existing facilities. The city may require the appticant, at the applicant's expense, to provide any additional information, mapping, studies, ma.teriats, inspections, or reviews that are reasonably necessary to implement this chapter and to require that such information, studies, mapping, materials, inspections, and reviews be reviewed by a qualified professional under contract to the city, also at the applicant's expense. (2) Permit applications for temporary personal wireless service facilities shall include the following rtlinimum information: (a) Documentation of previously permitted facility. (b) Site plan showing proposed location of temporary facility in relationship to the location of the previousiy permitted facility and property boundaries, including dimensions from the property lines and height of proposed facility. (c) Photographs of the proposed facility. (Ord. No. 08-585, 3(Exh. A), i 1-4-08; Ord. No. 01-399, 3, 8-7-01; Ord. No_ 00-363, 14, 1-4-00; Ord. No. 97- 300, 3, 9-16-97. Code 2001 22-970.) Proposed Code Amendments Fite #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facili[ies Page 8 of l0 PQ���'�� 19.255.060 Collocation. (1) A permittee shall cooperate with other PWSF providers in collocating additional antennas on support structures and/or on existing buildings and sites, provided said proposed collocatees have received a permit for such use at said site from the city. A permittee shall allow other providers to collocate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financiai burden). In the event a dispute arises as to whether a permittee has exercised good faith in accommodating a new applicant, the city may require a third party technical study at the expense of the permittee. Failure to comply with this provision may result in a revocation of the permit. (2) A signed statement indicating that the applicant agrees to allow for the potential collocation of additionat PWSF equipment by other providers on the applicant's structure or within the same site location shall be submitted by the applicant as part of the permit application. If an applicant contends that future collocation is not possible on their site, they must submit a technical study documenting why. (3) Collocation requirements shall not apply to PWSFs located on existing structures in appropriate public rights-of-way within residential zones, neighborhood business (BN) zones and professional office (PO) zones. (Ord. No. 08-585, 3(Exh. A), I 1-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-971.) =�019.255.070 Removal of facihty. (1) Abandonment and removal. The owner or operator of a PWSF shall provide the city with a copy of the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC. Additionally, the owner or aperator of a PWSF shall notify the city in writing of the abandonment of a particular facility within 30 days of the date the PWSF is abandoned. The abandoned PWSF shall be removed by the facility owner within 90 days of the date the PWSF is abandoned, the permit is revoked, or if the facility falls into disrepair and is not maintained, as determined by the city. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in adverse safety or visual impacts. If there are two or more users of a single tower, then the city's right to remove the tower shall not become effective until all users abandon the tower. (2) Partial abandonment and removal_ If the abandoned antennas on any PWSF are removed or relocated to a point where the top 20 percent or more of the height of the supporting structure is no longer in use, the PWSF shall be considered partially abandoned. The owner or operatnr of any partially Proposed Code Amendments File #09-103477-00-SE FWRC Chapter I9.255, Personaf Wireless Services Facilities Page 9 of 10 ��s...� p��� abandoned PWSF shall notify the city in writing of the partial abandonment of a particular facility within 30 days of the date the PWSF is partially abandoned. The owner of the PWSF shall have 120 days from the date of partial abandonment to coilocate another service on the PWSF. If another service provider is not added to the PWSF within the allo�ved 120-day collocation period, the owner shall in 210 days of partial abandonment, dismantle and remove that portion of the supporting structure which exceeds the point at which the highest operational antenna is mounted. (3) Removal uncl lien. If the provider fails to remove the abandoned or partially abandoned facility upon 210 days of its abandonment or partial abandonment, the responsibility for removal falls upon the property owner on which the abandoned or partially abandoned facility is located. The city may enforce this subsection using the procedures as set forth in FWRC 1.15.010. (Ord. No. 08-�8�, 3(E�. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-9T.) 1 O.'�� 19.255.80 Revocation of permit. A permit issued under this chapter may be revoked, suspended or denied for any one or more of the following reasons: i) Failure to comply with any federal, state or local laws or regulations; (2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of a permit; (3) When the permit was procured by fraud, false representation, or omission of material facts; (4) Faiture to cooperate with other PWSF providers in collocation efforts as required by this chapter; (5) Failure to comply with federal standards for EMF emissions; and (6) Failure to remedy localized interference with the reception of area television or ra.dio broadcasts or the functioning of other electronic devices. (7) Pursuant to FWRC 19.05.300(3), the city, as the applicant, shall use the same process to determine if the permit shall be revoked as it used to grant the permit. (Ord. No. 08-585, 3(Exh. A), i 1-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-975.) K:�2009 Code AmendmentslPWSFIRefortnatted Zoni�g Charts\Version sent to Stakehoiders\Chapter 19-255.DOC Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Serv�ces Facilities Page 10 of 10 19.195.190 Personal wireless service facility. The followin uses shall be ernutted in the suburban estate SE zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use THEN, across for REGULAT[ONS Minimums z O F G7 USE u N N O a L 3 L F b cr. cn Personal See See See See See wireless eietr2 nute 1 note I note I note 1 service facility Process (PWSF) j( See note 4 for allowed types of P W SFs Process I, ll, 111 and !V are described in Chapter 19.55 FWRC, Chapcer 19.6u FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. R. ro �X W 2 Refer to See FWRC note 3 19.255.020 for maxi- mum heights for allowed types of PWSFs N U b N A in oc a Z�� SE SPECIAL REGULATIONS AND NOTES Not N/A I. Not applicable. PWSFs allowed on existing structures only. allowed on a PWSF ..i, .ea .,ae. curo�� �n �cc n�n��vw� c ....,i i v. „w,.. e,,,.:1 H-tt .H.., c C. �.t„ �z� �n.., o�a�ec 1 H+td ..t t,e:rtt,. R .o,a ,...a.,.. c�aro� i n �cc n�ni�vw� A 11 ..�1.,�. I,.,...�'...,. ,.0 D\17CC,. .,I7 e.1 3-: 2. All PWSFs shall be landscaped and screened in accurdance with Chapter 19.125 FWRC and dte provisions of the PWSF development regulations. At a minimum, a five ft. type IIl landscaping area shall Ue required around the facility, unless the communiry development services director determines that the f'acility is adequately screened. 4. 3. New f'reestanding PWSFs are nut allowed. PWSFs shall be allowed only on existing towers, on publicly used structures not located in public rights-o1'-way, on existing sn•uctures located in the BYA p•ail, and on existing structw�es in appropriate public rights-of-way. Refer to FWRC 19.255.020 for development standards applicable to allowed types oT'PVVSFs. For other iufornu�tiou about parkiuo and parking areas, see Chapter 19.130 PWf2C. K�.�2009 Code Amendments\PWSflPlanning Comrnissiun\Oct 7 Meeting Paeket\SE 19-195-190 PWSF.doc Fur de[ails ol'what mry excerd this heigh� limit, see FWRC I'l.l 10.050 nt sey. For details regarding required yards, see FW RC 19.12�.160 rt �ey. 5;; u� 19.200,190 Personal wireless service facility. The followin uses shall be ernutted in the sin le-fa� DIRECTIONS: FIRST, read down to find use THE Minimums ,Z`", Re uired Yards y E"� C� U pp a b 4 c a yE a4 04 w v�i a`� x Petsmel 6eerate 3ee note 3eo See 3ee Refer to See wiraless 1 note 1 nota 1 note 1 FWRC note 3 sarvice fecility py�g� 19.255.02U (PWSF) jj formew. mum Sce note 4� heights Por for allownd allowed types of types of' PW3Fs PWSPs vccfloi�.z Process I,11, III and I V arc desaibed m Chepter 14.55 FWRC, Chepter 19.60 F'WRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. zone subject w the regulation USE ZONE CHART and notes set forth in this section: across tor REGULA h u v�i a w N/A allowed aia PWSF ZONE RS SPECIAL REGULATIONS AND NOTES Not applicable. PWSFs allowed on existing structures only. 9�N�pe�-ef 9f�EtlfE�'9F 3: All PWSFs shall be landscaped and screaned in accordance with Chapter 19.125 FWRC and the provisions of the PWSF development tegulations. At ri minimum, a five ft, type III lnndscaping area shall be required around the facility, unless the communiry development services direcWr determines tliat the facility is adequately screened. 4. 3 New freestanding PWSFs are not allowed. PWSFs shall be allowed oniy on existing towers, on publicly used structures not located in public righu-of-way, on existing structures located in the BPA kail, and on existing structures in appropriate public rights- of-way. Refer to FWRC 19.255.020or development stntidards applicable to allowed types of PWSFs. For other information ebout parl<ing e��d parking ereea, see Chepter 19.130 FWRC. For deteils of whet mey exceed this hei�t limit, eee FWRC 19.110A50 et eeq. For deteils reprdingmquired yerds, see FWRC 19.125. I60 et seq. K:\2009 Code Amwdme�tte\PW SFUtefonnatted 'lonutg Chetta\Veroiun sent to 5tukeliniders\RS 19•200-I90 PW SF.doc .i�` I 19.205.200 Personai wireless service facility. The following uses shall be pernuued in the multi U5E U Peisaie! DIRECTION O r, U b� 3 N a w f'ecility Process u See note 4� for ullowed IyVCS O�� to find use ro Q y ti w cx See note I See I Sc� I See 1 note I note 1 note 1 fa �F a. �a U p 1� Refer to See nc FWRC 3-d 19.255A20 fa� cnaxi- mum he�ghts for allowed types of PWSFs residential (RM) zone wross for REGULATIONS K a t M in a a Not N/A ril lowed a�a PWSF w the U5E ZONE CHART notes set forth in this section: Z��" RM SPECIAL REGULATIONS AND NOTES 1. Not applicable. PWSFs allowed on existing structures only. �tt4teE�tre;-ef 9ffH�k132�; 9P �t'aaEme�ln9-at�} 3- 2. All PWSPs shall be landscaped nnd screened in accordunce with Chapter 19.125 FWRC and the provisiuns of tlie PWSF development regulations. At a nunirnum, a five R type III lundscaping aren ghxll be required eround the tacility, unless the community development services direowr deternunea thnt thu fncility is adequately screenud. 3. New freestnnding YWSFs =ue not ullowed. PWSFs shall be ullowed only on existing towers, on publicly used structures vot loc:ued in public rights-ot=way, on existing sWctures locxted in the BPA truil, and on exisling structurea in appropiiate public righu• oY=way. ReYer to FWRC 19.255,0?U f'or development standards applicable to allowed types of PW SFs. Process I, II, III t+nd I V e�•e described 'u� 22-351 22-356, 22-361 22•37� 32•366 22-411, 22-431 22-460,respecuvely. For othtr infonnation nt�out parkittg awd ptui<iug m'ees, see Cttapter 19.130 FWRC For details of what may exceed this heiyht hiwt, aee FWRC 19.110.050 et seq. Fw� details re�rding rnquired yards, see FWRC 19.125.160 et 5eq. K'12W9 Code Aiucudmeuts\PW SF�Refurtnatted Zouu�g Cliarts\Veraion sent to Stakeholders\ItM 19-205-200 PW SFAoc srs�+ �o �r. 19.210.050 Personat wireless service facility. The followin¢ uses shall be necinitted in th office zonesubiecttothe notes USE ZONE CHART h z o P�., a N a x c� i'1, road dowtt to tind usa [inimums Re uired Yards A w a �x PCraonnl 6ea��ate� See nole See See See wireless 1 noie I note 1 no[e 1 service Pra:ess i[ fnciliry Sec note 4 3 fa• ellowed types of Kotar W FWRC 19.255.02U fw maxi� mum heighta for ellowed types ot PWSFs oc'c q Sce U b� a� Not N/A allowed on u PWSF 3- All PWSPs shxll Ue lamiscaped xnd screened in accordance with Chapter 19.125 FWRC and the provisions of the PWSF development reguladons. At ti minimum, a five ft. type III landscaping area shall be required nround the facility, unless the community developrnent services direcWr detemunes thxt the facility is adequately screened. 4t 3. New li�eestanding PW SFs are not allowed PWSFs shall be allowed only on exisdng towers, on priv�te buildin¢s and swctures, on publicly usad structures not locuited in public rights•ot=way, on existing atructures located in the BPA trail, and on exisGng structuras in appropriate public rights-of•way, Refer W FWRC 19,255.020 for development standnrds appliceble to altowed types ofPWSFe. Process I, II, III and IV ere desa•ibed u� Chepteu• 19.55 FWRC, Ohepter 19.60 FWRC, Chapter 19.65 FWRC, Chepter 19 70 FWFtC respcarvely. ZONE PO SPECIAL REGULATIONS AND NOTES 1. Not applicable. PWSFs nllowed c�n existing structures only. P For other iafocmetion e6out perlcing and perl<ing ereea, see Chapter 19.130 FWRC. For defeils of whet may exceed this hei�it limit, see FWRC 19 110.050 et seq. For detaila regarding required ye� ds, see FWRC 19.125.160 et seq K:\2009 Codn Ameudmente�PW SFlRefonnatted 7_ouuig Charts\Vetsion seut tn Stakeholderb\PO 19•210�050 PW 3F.doc r� 19.215.100,Personal wireless service facility. The followin uses shall be ermitted in the nei z DIRECTIONS: FIRST, read down to 6nd use Minimums Re uired Yards 'O y U ,d USFi N O Q A U c�a a w u� a �x Person�l 8ee-nafe See note See See See Refer to w�rcicKS 3 1 note I note 1 note I FWRC seNice fac;iGly Proeess 19.255A20 (PWSF) u tormaw- rnurn Sce note 4� heights f'or I'a• ullowed ellowed types of types of PW SFs P W SFs oce ria� �W �8rt a_.._ e u '[¢mP17 �d Y ''..c All PWSFs shall be landscaped and screoned in accordance with Chapter 19.125 FWRC and flie provisions of the PWSF development regulacions. At u minimum, s five ft. type III landscapin� area shxll ba required around the facility, unlass che community development services director deteimines that the facility is udequately screened. +k 3. New lieestanding PWSFs iue not allowed. PWSFs shall be allowed only on exis6ng towers, 4n }�rivat� buildines and structures. un publicly wed structures not located in public rights-ot�way, on exis6ng structures located in the BPA trail, and ott existing structures iu eippropriate public rights-of-way. Refer to FWRC 19.255.020 for development stsndurds a�licable to allowed types ofPWSFs, rrerr Pi�:ess I, II, III nnd IV ure desa•i�nd w Chaptar 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Cheyter 19.70 FWRC respadively. K:�2009 Codc Amendment�\PW3F1ReRumetted ZxiuingCl�arts\Veroiuu eent M StakoltoWets\BN 19•215•100 PW3F.doc zone subiect w the USE ZONE CHART and notes set forth in this section: ZONE BN REGULATIONS .q ii. ..7 00 0. SPECIAL REGULATIONS AND NOTES See Not N/A 1. Not applicable. PWSFs allowed on existing structures only. nae 3 aUowed 2 on a PWSF r 'v;ici 'rrria t5ftttg Fa• other u�foimetion ebout pa�kii� end p�u•I<ing ereas, see Cheplcr 19.130 FWRC. Por detaila of what mdy e�cceed tlus hei�u limit, see PWRC 19. I 10.050 et eaq. For details re�rding requited yw•ds, see FWRC 19.125.160 et seq. 19.220.120 Personat wireless service facility. The following us.es shall be permitted in the community business (BC) zone subject to the re�ulations and notes set forth in down to Snd use 0 H USE U fecility See nwe 5 for ellowed typea of PWSFs a aa Sao noto 2 F .q J ti a �x See See 3ee Referto note 1 note t note 1 FWRC 19.255.020 for mexi- mum heighta for allowed types of PWSFa See note 3 Process 1, Il, III nnd IV ure drsc�•ibed in Chnptr,r 19.55 FWRC, (7hapter 14.60 FWRC, Chaptnr 19.65 FWRC, Cheptcr 19.70 FWRC rospec[ively. a �n rx a U5E ZONE CIIART ZONE B lr SPECIAL REGULATIONS AND NOTES See Not N/A 1. For daveloped sites, the setback reyuirements shall be thosa of the principxl use of the subject property. For undeveloped sites, the no�e 4 �llowed ���k requirements for new fi�eestanding PWSFs shall be 20 tl. for finnt, side, and rear yards. 2. Subject to meeting all applicable development standarda, the review process used shall be process I, except far the following PWSF proposals: a. Pi'ocess j� for the following proposxls: (1) The PWSF is located within 300 f1, of a residenUal zon or (2) The PWSF is located on a structure tl�at is a residence or school or contains a residence or school, or (3) The PWSF is a new freestnnding PWSFs; b, Process �R' �I if the PWSF is a l:�ttice tower accommodating four or more providers, �t�uetas+�; ar 3. Maximum allowed height for a new freestanding PWSF shall be the minimum necessary to provide the service up to l0U ft., plus xny height grnnted under FWRC 19.110.060, A PWSF shall be allowad up to 120 R if there are two or more pruviders; except that a la[tice tower of betweeu 120 ft. to I50 t1. will be allowed under a combined application of four or more providars. 4. All PWSF shall be landscaped and screened in accorciance with Chapter 19.125 FWRC and the provisions of the PWSF development regulations. At a minimum, a five ft. type III landscaping area sltall be reqttired around the facility, unless the conununity development services director detemtines that the facility is adequately screened. 5, New tieestandingPWSFs are allowed subject tn height limit� and collocation provisions, PWSFs an tillowed un existing towers, on private buildings and siruotures, ou publicly used structures not located in public rights-ot=way, on existing structures loca h�. BPA trail, and on existing suuctures iu �ppropriate public rights•of-way, Rafer to FWRC 19.235A20 tor development stan For other infwmetion about p�u�Cing end pwking areas, see Chepter 19.120 FWRC. Fa• deteils of whet [ru�y exceed this height limit, see FWRC 19.110.U50 et seq. For details re r�rding required yerda, see NW1ZC 19.125.160 et eeq. �r"'� w K:�2009 L'ndn Nnmidments�PW SF1Reforsnaned Zonmg Clwrts\Versian seut to Stakeliotders�BC 19420•1:0 PW SF.doc i 19.225.120 Personal wireless service facility. The followin� uses shall be aern►itted in the DIRECTIONS: FIRST, read dowi Minimums r� Re uired Yat o 'U R+ u d N USFi a'S o �d ll aa a w Personnl See notc None See notes I end 4 w�relcss 2 service I�ciliry .SCC IICHC S 1'or ulluwed types ol' PWSFs to find use �x Ref'er lo FWRC 19.255A20 1'or maxi- mum flCl 7�II5 IOf ellowed types of PWSFs center core (CGC) zone N, across for REGULATIONS C U N y b °n h v� rx a See No� N/A 1. For note 4 allowcd setbacks see FWRC O° a 19.255.020(5)(bl. NwsF 2, Sub'ect to meetin all a licable develo ment standards the review rocess used shall be rocess I exc t for the followin l PP P P P proposxls: [��,+,f.., r�tc7c7 o '�vi i$iv \1, `a Sae note 3 .ti.... c w. .L., f3j a. Process II if�the PWSF is a new freestanding PWSFs, b. Process I�.[ if the PW SF is a luttice tower accommodaGng four or more providers. f'}j�=ke-�S�'ts-la 3. Maximum allowed height for a new freeslanding PWSF shall be the minimum necessary to provide the service up to 100 H,, plus any height granted under PWRC 19.] 10.06U. A PWSF shall be allowed up to 120 ft. if there are two or more providers; except that a lattice tower of between 12U 8. W 150 ft. will be allowed under a combined application of four or more providers. 4. All PW SF shall be landscaped and scrnened in accordance witl� Chapter 19.125 FWRC and the proviaions of the PWSF development regulations. At a minimum, K five ft. type III landscaping area shall be required around tha facility, unless the community development services director detem�ines that the facility is adeyuately screened. 5. New freestanciing PWSFs are allowed subjact to height limits and collocadon provisions. PWSFs are allowed on existin�� towers, on private buildings snd structures, on pnblicly used atructures not locutad in public rights-of•way, on exisGttg stru� located in the BPA pail, and on existing suucturea in appropriate public rights•of-way. Refer to FWRC 19.255,020 for Proceas I, II, IIi and IV ere ddscribed in Por othec infotmetion ebout parking xnd p�rking rareas, sea Cheptar 19.130 FWRC. Chapser 19.55 FWRC, Chapter 19.60 FWRC, For deteils ofwhet may exceed this heibht limit, see FWRC l9.] 10.050 et seq. Cheptor 19.65 FWRC, For deteils regarding required yarda, see FWRC 91.125.160 et seq. Chapter t9.70 FWRC reapeprvely. K12W9 Code Aiuendmen�\PW SFlRefimnatted Z+wmK Chorts\Versu�n sent to Stakel�oldeis�CCC 19•225-120 PWSF.duc to the USE ZUNE CHART azid notes set forth in this section. ZONE CC-C SPECIA,L REGULATIONS AND NOTES 19.230.140 Personal wireless service facility. The followin� uses shall be uermitted in the DIRECTIONS: v� z F J b� N USFi �W O" s u a Personel 3ee note Na�e wirelesa 2 service fncility Set note 5 I'ur nlluwed types ��I' PW SFs read down to tind use uired 1' v o :e u w �x :e notes 1 nnd 4� Refar to FWRC 19.255.020 for maxi- mum heights for nllowed types of PWSFs See note 3 G 3ee note 4 centex frame ;ross for REGULA U b� h Q t N/A 1. For ellowed on e PWSF zone subject to the USE ZONE �HART and notes set forth ui this section; ZONE CC-F SPECIAL REGULATIONS AND NOTES setbacks see FWRC 2. Subject to meeting all applicable development standards, the review process used shall be process I, except tor [he tollowing proposals: a. Frocess IlI t'or the tollowing proposals: a vi i� ('3j f,�] Tbe PWSF is a new fteest<<nding PWSFs or, f 2) If the PWSF is a lattice tower accommadatin� four or more �roviders. �rz �-i: n`vovciiio 3. Maximum allowed height for a new freestanding PWSF shall be the minimum necessary to provide the service up w 100 8., plus any height granted under FWRC 1�.110.060. A PWSF shal] be +illowed up co 120 R. if there are two or mu:•e providers; except dtut a lattice tower of batween 120 ft. to 150 ft. will be allowed under n combined application of four or rnore providers. 4. All PWSF shall be landscaped and screened in accordance with Chaptex 19.125 FWRC end the provisions of the YWSF development rngulations. At a minimum, u tiva ft, type III landscaping area shall be required around the facility, unless the community development services direclor detetmines that the facility is adequately sereened. 5. New freestxnding PWSFs are allowed subject to height limits and collocaqon provisions, PWSFs are allowed on existing towers, on private buildings and structures, on publicly used structures not locnted in public rights-of•way, on nxisGng structur�l4 located in the BPA trail, aud on ezisting structures in appropriate public rights-of-way. Refer to FWRC 19.255.020 for �e r develoument standards auulicable to �Ilowed twes ofPWSFs. B Process I, II, lII ar�d IV ure described in For other inf'otmation about parl<ing und pw'I<ing w�oas, see Chupter 19 130 FWRC. Chapter 19.55 FWRC, Cheptcr 19 60 FWRC, For det�ils oFwhat mey execed thie heigtd Ilrni�, see FWRC 19,110.050 et acy. Chapter 19 ti5 FWRC, For details regerding rcquired yards, see F'WkC 19.125. l60 e1 seq. Chapter 19.70 FWRC respactively, K:12009 Cade Ameudmrrils\PW SF�Raftutnetted Zoning Charts\Vecsicro sent W Stakeliolders\CCP l9• 230� 140 PW SF.doc �..SJ r� aa� 4 a� 19.235.100 Personal wireless service facility. The followin� uses shall be permitted in the office Yards USE ZONE CHART z 0 nl USE ll Poroawl wireless service faciliry See note 5 tor �Ilcnved types of PW SFs h W �a a� Sce 2 F A ^�y u A J .A �x N �rJ h q Q' 'v"� c� zone subiect to the regulations and notes set forth in this section: ZONE OP, SPECIAL REGULATIONS AND NOTES See Sec 3ee Referto See Not N/A 1.FoT e1�yc-Fe�-ttfl�evelepe�slfeg;�dte nwe 1 uote 1 note 1 FWRC note 4 allowed 8etbneks see FWRC 19.255.020„(51(b) 19,255.020 on e 2. Subject to meating all applicaUle development standatds, the review process �used shall be procesa I, except fur the tollowing formaxi. PWSF proposals: a, Process i�F Ij for the tbllowing proposuls: hei�ts for allowed (1) The PWSF is located witliin 3UU ft. ofa residentiul zon types ol' PWSFs (2) Tl�e PWSF is located on a structure that is a residence or school or contxins a residence or school; }t,... t A „L_�__ �f._ See note 3 (3) The PWSF is a new freestxnding PWSF U. 1'rocess �f if'the PWSF is a lattice tower accommodudng four or more providers. sh�eEtme;• er �;-ef 3. Maximum u7lowed height for u new freestattding PWSF shall be the minimum necessury to pmvide the servi�;e up to l0U ft, plus any height granced under FWRC 19,110.060. A PWSF shall Ue allowed up to 120 ft. if there are two or more pruviders; except that a latcic:e tower of between 120 ft, to I 50 ti. will be allowed under a combined application of four or more providers. 4. All PWSF shall be landscaped and screened in accordance with Chapter 19.125 FWRC and die provisions of tlie PWSF development regulations. At a minimum, a five tl. type III lsndscaping area shall Ue required around the facility, unless the community development services director deternilnes that the faciliry is adequately screened. 5. New tieestanding PWSFs are allowed subject to height limits and collocation provisions. PWSFs are allowed on existing to� o� private buildings and structures, on puUlicly used structures not located in puUlic rights-of-way, on existittg suuctures located j� BPA trail, and on existing structures in a}�propriate public rights-of-way. Reter to FWRC 19.255.U20 for development standa� Pca:ess I, lI, IIl and I V are desaibed in Chapter 19.55 FWRC, Chepter 19.60 FWRC, Chapter 19.65 FWRC, Ct�epter 19.70 FWRC cespraively. For other informntion ebout perking end psu'kin�; arens, see Chnpter 19.130 FWRC For deteils ofwhet tney exceed thie hei�lit luni�, sce FWRC 19.110.050 et seq. For deteils regarding required yerds, �ee FWRC 19.125.160 et seq. ii:■ 0 K:4W9 Code ,Nneudment�\PWSF�Refonnaaed 2ouwg Cha�ts\Versirn� sent tu Shrkeholders\OP 19-2i5•100 PWSF.duc 19.240.140 Personal wireless service facilities. g uses shxll Ue pennitted in the DIRECTIONS: FIRST. read dc f W y 0�'S USE a Personal wireless �aeess-F; service facility *r*� See nate 5 for See nole 2 xllowed tyry�es ol' PWSF'v zone subject to tlie reKUlations and notes set torth in Uiis USE ZONE CHART to tind use THEN, across for REGULATIONS Yards U v; p A w cn a None See notes 1 attd 4 Process I, Il, III and IV ure described in Chapter 19.55 FWKC, Chap[er 19,6U FWRC, Chapter 19.65 FWRC, Chantcr 19.7U FWRC �esvectivelv, p y 'd 7 O CD ��.Q x a 0. ;fer to N/A 1. For ZONE CE SPECIAL REGULATIONS AND NOTES FWRC etbacks see FWRC 19,255.U2U 19.255.U20(51(hl for 2. Subject to meeting all applicaUle development standards, the review process shall be Process I, except Tbr the following maximum proposals: heighls tor u. Processf#F for the followiug proposails: allowed (1) The PWSF is loca[ed within:�00 f'eet ofa residenGal zon° r m++'� °`DO° L N ti� types of PWSF's (2) The PWSF is located on a struclure that is a residence or school or contains a residence or school;-praridc� u See note 3 (3) The PWSF is a new freestanding PWSF; except as provided in note (2)(c). b. Process ��II if the PWSF is a l�ttice tower accommodating four or more providers or the PWSF is a new f'reestand+_ne PWSF sh�e�te; er rsk�eve�E$e 3. Maximum allowed height for a new freestanding PWSF shull be the minimum necess:uy to provide the service up to 100 fl., plus any height gtanted under FWRC 19.110.060. A PWSF sh:�ll be allowed up to 120 ft. if there are two or m��re providers; except that n lattice [ower ofbetweeu 120 R. to 150 ft. will be allowed under u combined application of four or rnore providers. 4. All PWSFs shull be ltindscaped and screened in accordance with Chapter 19.125 FWRC and the provisions of Uie PWSF development regulatiun�. At a minimum, a tive ft Type III landscape area sludl be required around the Yacility, unless the community development services director deteimines t]�at the f'acility ie adequately screened. 5. New freestanding PWSFs are ailowed subject to height limits +ind collocation provisions. PWSFs ure allowed on existing towers, on piivate buildings and structures, on publicly used structures not located itt public rights-of-way, on exis6ng structures located in the BPA trail, and on existing sttuctures in appropriate public rights-ot=way. Refer to FWRC 19.255.0�1� f'or development standtu•ds a�plicable to allowed types ofPWSFs. For other information uUout parking und parking areas, see Ch:ipter 19.130 FWRC. For detttils of wlutt may exceed this height limit, see FWRC 19.11U.050 et seq. For delails regxrding required yards, see FWRC 19.125.160 et sey. �i `5 t K��2009 Code P.mettchuenls\PW SFU2efrn�mnttmd Znnu�g Cl�arts\Ver�ion senl tn StakeLolders\CH l9•240� 140 PW SF.DOC Chapter 19.245. Corporate Park (CP-1) En`�r ��r s�� ��r�� t �3 �B s� �4i�i+�u�s s� sce �a� �a ZONE �.�s P'I�l�_,� F9l`dc.'fai -}p.g56-Ck-BCCt: K:\2009 Code Amm�dments�PWSF�Reformetted Zoning Chazta\Vetsion sent to 3takeltolders\CP•l 19-245-010 PW SP.doc t, v. i 1 i f EXHIBIT B PR��?���° A Brief Technical Summary on PWSFs It is important to lrnow the basics of cellular technology and the safety concems related to Electromagnetic Fields (EMF) and Radio Frequency (RF) emissions prior to considering the proposed modifications to the PWSF code sections. The proceeding information is based on Centers of Disease Control (CDC) studies, Federal Communications Commission (FCC) reports, and information culled from the World Health Organization (WHO). A cell phone is a portabie phone that uses a network of fixed antennas that allow users to catl from almost any location. Cellphones send and receive RF signals to and from these antennas. There are two distinct type of antennas catled "cel(ular" (analog signalsj and "persona( communications service [PCS]" (digita( signals). Cellular radio services transmit at a frequency between 824-894 MHz. PCS transmitters use frequencies in the range of 1850-1990 MHz. ATt4 Bared Ham d.3 Mhz cordless co�ess corclless Shortwave Radio Phanes Phones Phones Aircraft Miaorraves i� 4 l f f F t t �Z j j ,,`e 'y 1 r� J 3V t i e t j %a� j d�Y Y��������� J v J� CS VHF VHF UHF P.C.S. Phnnes TVtdTV N+DTV N+DTV tiam Pagers Cef�tar Phones FM Sand 3 Mfiz 30 Mhz 30d Mhz 30Q0 Mhz As #he frequency increases, the wavetengtfi of tt�e d"ansmifted signal deereases Mhz Megahertz MliElians of cycies per secand Cellular/PCS antennas are generatly affixed to rooftops, water towers, power poles, and other tall structures. The antennas are placed on taller structures due to the fact that the RF signals are broadcasted on a horizontal plane (vs. an up/down vertical plane) in a fan-shaped direction over a certain distance. These signals intermingle with other antenna amays to create a network generally made up of base stations and relay stations. X Graphical representation of cellular networks. K:�2009 Code Amendments�PWSF1Planning Commission\Oct 7 Meeting PacketW Brief Technica! Summary on PWSFs.docPage I of 2 P���;���_�.�. Electromagnetic radiation consists of waves of electric and magnetic energy moving together through any given area. Radio and microwaves released by transmitters are a form of electromagnetic energy, generally known as radiofrequency or RF energy/radiation. The terms "electromagnetic fie(d" or "radiofrequency field" is used to indicate the presence of electromagnetic or RF energy. RF fields are considered non-ionizing radiation due to the low energy nature of the waves and therefore cannot cause chemical changes in the human body unlike ionizing radiations like x-rays or gamma rays. Other non-ionizing radiations include microwaves, visible light, and infrared. However, although RF radiation are not strong enough to change the structure of atoms, it may be strong enough to heat tissue if in extremely close proximity. At any given cellular/PCS site, the total RF power that could be radiated by the antennas depends on the number of transmitters installed, the power of each transmitter, and the type of antenna. Generally, the maximum power radiated in any direction usually does not exceed 50 watts. As with all forcns of electroma.gnetic energy, the power density from the antenna decreases rapidty as one moves away from the source_ And since RF signals transmit on a horizontal plane, genera.11y from higher level elevations (i.e. panels mounted on power poles, towers, etc;), ground-level exposures are much less than exposures if one were at the same height and directly in front of the antenna. Measurements made near cetlular and PCS installations have shown that ground-level power densities are thousands of times less than the FCC's limits for safe exposure. K:�2009 Code Amendments�PWSF1Planning Commission\Oct 7 Meeting �acketW Brief Technical Summary on PWSFs_docPage 2 of 2 David Lee From: Sent: To: Ce: Subject: I 1 j C. 1 �A��,�_��°�.� Sarah Telschow [stelschow@realcomassoc.comj Monday, September28, 2009 3_1'6 PM David �ee Jennifer Taylor; Greg Fewins; Margaret Ctark Comments Regarding City of Federal Way's Proposed Personat Wiretess Service Facility (PWSF) Regulation Changes Septem�er 28, 2009 Dai�id Lee, Associate Planner Ci€y of Fede�ral VVay 3332� Averiue,South Fed� Way, V�A 98063 Y Re: �omments Regarding City of Federal Way's Pioposed Personal `Wi�eless Service Facility (PWSF) Regulation Chan�es N. DearlVlr�Ijee: Thanl� you for opportunity to provide comments<orr the City of Fecieral Way's proposed personal wireless service facility (PWSFj regulation changes, Ite�lCom Associaxes appreciates the charxce to review and critique the City of Fede��al Way's proposed cocle ainetidment. Hopefully, 'the Gity of Federal'` Way will thoroughly consider the suggestions,.presented in this letter. n�;�� Some of [he changes presented in the proposed PWSF code changes are positive. However, many of the changes still create uncertainty ancl unclear regula.tions for vuireless providei TelecQmmunica.tion facilities provide cr�ttical ce�mmunic�.tion seryices fo� emerge�.t�y� busirzess� and personal use. Reliabl� wireless service in the City qf �`�cler�l Vi�`aq,provides a benefit the pubhc. Gellular teleplione�coverage improves emergency services sach as _pohce aud fire wFien traditionallandline phones �are ina,ccessible arid/or not working. This is often the case for stranded motonsts, afeer a severe storm, or die result of other types of emergencies. Law enforcement agenes, neighboTl�ood watch programs, and individuals use wireless telephones in emergency situa.Cions to help emergenc.y °§�rvie�s �r�s"�iand quickly by reducing notification 'time"s. As a result, telecorrununication facilities provide a net positive effect on erner�;eiicy services for the public by enhancing the ef�iciency and quality of wireless teIephone services. However, confusing and diff e«lt development regulaxions create problematic situations for both the vvireless camer and the community., The following outlines spe�c comments regarding the City of Federal Way's proposed PWSF code amendment: Land Use Zone Charts for PWSF (Sections 19.195.190 to 19.245.010) o Not allowing freestanding structures nnder any pernutJdesign process in the following zones especially: PO and BN could be construed as pi wireless facilities. It is feasible. that new freestanding facilities would be the lowest of the F>r locations and that especially in the residentia� zones tlia.t lirrutaxions may e�sting regarding hei�ht, design, and type of }�roperty (i.e. property must have a non-resiiiential use etc..). �`�_._.L___._.. P���_���'_� Section 19255.010(4) Prioritized locations o(d) "rio�uesid�ntial zQnes" shoul,c�.,be removed. Tt suggests that atta.ching_to e,cisting structures and buildings ui residentia� zones is not allowed while the zoning charts indicate that atla.cl�ing to existing structures is allowed. Perhaps the additio� of a lower piiority location for eicisting structures in R zones rather tFian leave it out of [he priority of lacatians entirely. Section 19255.020 DevelopmenC standards o(1)(b) "Antennas may be mounted to rooftop appurtenarices provided they do not extend beyond 15 feet above the roof proper." This is very confusing without a clear e�cplanation of what the c:ity deems a"rooftop apgurtenance". Does this include elevator shafts, penthouses, parapet walls, mechanical screening? Additionally, the city does not define "roof proper". This will be a very confusing requirement and co�ld create a variety of interprefations. a(1)(e) "The maJCr'mum size of the PWSF panels and number of antennas shall be determined b}� the tlirector of cornmunity develogment services." This is too va�ue and does not provide any crxteria for the provider to foIlow m order to design new facilities. This should be changed to indicate that the p�ovider must prove and/or provide documentation that the proposed facility is the minimum size necessary in order to rzieet coverage objectives in the area. o �4) �i) and (u) g ...maxunum size of the buildin to be determined on a case-by-case basis by the director of community development services." This is too vague and does not provide any ciiteria for the provider to follow in order to design new facilities. This should be changed to indica.te„that the provider must prove and/or provide documentaxion that the proposed building size is the xuunin�uiii size necess:uy. F,. Y Thank_ ou n for rhe opportunity,to grovide �on tlie proposed PWSF code ame�ctrrient.�� ff you have any questions and/or concerns about che above letter, please feel.free to conta.ct RealCom Associates. :�1. r Respectfully, Z J�� 2so �i �a (42 l��k ;�;x 3 a ��r:7?r ealc �as�oc;c �ix� �_s P����� Erom: Sarah Telschow [mailto:stelscho�v@realcomassoc.com] Sent: Tuesday, October 06, 2009 11:�3 AM To: David Lee; Margaret Clark Cc: Jennifer Taylor Subject: RE: Comments Regarding City of Federal Way's Proposed Personal Wireless Service Facility (PWSF) Regulation Changes October 6, 2009 David and Margaret: Thank you for the opportuniry to meet with you on Monday, October 0�, 2009 to discuss the Ciry of Federal Way's proposed telecommunication code changes. The provided changes provide adequate clarification and have addressed concerns outlined in the September 28, 2009 e-mail. Thank you again. Respectfully, Sarah Telschow, Planner 14432 SE Eastgate Way, Suite 260 Bellevue, WA 98007 (425) 274-4444 ,.c.�� �±:.5 �fi�, eal�.�:t3:�.s.c�c. c+�} �s Jennifer Taylor, Planner 14432 SE Eastgate Way, Suite 260 Bellevue, WA 98007 (425) 274-4444 ts:4,.ar�.�.�� ca:�.:,• z}�....�{ :,�.;=�t�: From: David Lee [ma.ilto:DavidLee@cityoffederalway.com] Sent: Tuesday, October 06, 2009 9:43 AM To: Sarah Telschow Cc: Jennifer Taylar Subject: RE: Comments Regarding City of Federal Way's Proposed Personal Wireless Service Facility (PWSF) Regulation Changes Sarah Jennifer, Thank you again for taking the time and meeting with us yesterday regarding the PWSF code amendment. Attached to this e-mail you will find a copy of the proposed changes we have ma.de in response to your suggestions and concerns. You will find the changes that were specific to your concerns highlighted in yellow. In addition, we felt the issue regarding placing PWSF's on utiliry poles within utility/access easements can be handled with the code as written with 19.255.010(4)( fl which states "If the applicant demonstrates to the city's satisfaction that it is not technically possible to site in a prioritized locarion, the city reserves the right to approve alternative site locations if a denial would be in violation of the 1996 Telecommunicarions Act, as deternuned by the city." Additionally, we've clarified the height issue you've brought up by providing a clear definition of building heighdroof and also made�a cross reference as to what we consider a rooftop appurtenance. Height of Structure is defined by FWRC Sec. 19.05.080 "H definirions" as: �Q�i "Heioht ofstructure" means the vertical distance measured from the average building elevation aro�md the buiiding segment to the highest point of a flat roof or to the deck line of a mansard roof, or to the mid-point between eave and ridge of the highest principal roof of a gable, hip, gambrel, or similar sioped roof. For single-family residential structures where the total area of dorniers exceeds 3� percent of the total area of the underlying sloped roof, height wili be measured to the ridge of the highest principal gable. Please review the material, and if you feel that these are positive changes that will help you and those in your industry please send us an e-mail of support for the changes proposed. We are taking this to the Planning Commission on Wednesday night and would appreciate your feed back before end of business day tomorrow. Thank you again so much for all your help and time. Yoar comments have been invaluable! Sincerely, David Lee F?��;;i:. ,';i �'�>.1313iGC' {�1�;;� O� ;'C:�Gl'3.e ��l�.y �;—f! �.j;�i3l :�?3-�t;'_ (€"j �L',:iS�1 :5�'S--�>�.� 1 .�.:].';'�E�..�Z��%i ,:�Vi?•.'e+`:E�ti'I:�`�'il� C:i):71 EXHIBIT A Staff s original recommendations are shown as �l�ee�� (proposed deletions) and underline (proposed additions). Further amendments based on RealCom's comments are shown as s�l�ee�-� (proposed deletions) and underline (proposed additions) and shaded. EXHIBIT A PA��.�y�� FEDERAL WAY REVISED CODE {FWRC) TITLE 19, ZONING AND DEVELOPMENT CODE Chapter 19.255, Personal Wireless Service Facilities Sections: 19.255.010 Personal wireless service facilities (PWSF). 19.255.020 Development standards. 19.255.030 Nonconformance. 19.255.040 Temporary personal wireless service facilities. 19.255.D50 Application requirements. 19.255.060 Collocation. i n�n �rR� «.,.,a,,.-a� a *o.-c rr.z���'r�c[�rr-iaur�ccraTaix�-ccrccr'icr�-c[�.z 19.255.070 Removal of facility. �rrc�� n �—rcrirRriiiirr�cciivns °.'-n-�� 19.255.080 Revocation of permit. 19Z55.010 Personal wireless service facilities (PWSF). (1) Purpose. This section addresses the issues of location and appearance associated with personal wireless service facitities. It provides adequate siting opportunities through a wide range of locations and options which minimize safety hazards and visual impacts sometimes associated with wireless communications technology. -r�.v c :�:�:o o �.,,:�a:., �+...,,.,,.,.o „i,,, �e-s�3`- (2) Definitions. Any words, terms or phrases used in this section which are not otherwise defined shall have the meanings set forth in Chapter i9.05 FWRC. (3) Exemptions. The fotlowing antennas and facilities are exempt from the provisions of this section and shall be permitted in all zones consistent with applicable development standards as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations: (a) Wireless communication faciliries used by federal, state, or local public agencies for temporary emergency communications in the event of a disaster, emergency preparedness, and public health or safety purposes. (b) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC; provided such equipment complies with all applicable provisions of FWRC 19. i 10.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances. (c) Citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio operators; provided such antennas comply with all applicable provisions of FWRC 19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances. (d) Satellite dish antennas less than two meters in diameter, inctuding direct-to-home satellite services, when used as a secondary use of the properiy; provided such antennas comply with all applicable provisions of FWRC 19.1 t0.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances. (e) Automated meter reading (AMR) facilities for the purpose of collecting utility meter data for use in the sale of utility services, except for whip or other antennas greater than two feet in length; provided the AMR facilities are within the scope of activities permitted under a valid franchise agreement between the utility service provider and the city. Routine maintenance or repair of a wireless communication facility and related equipment excluding structural work or changes in height, dimensions, or visual impacts of the antenna, tower, or buildings; provided, that compiiance with the standards of this title is maintained. 3 pA��.�.��,-� Ec�uipment cabinet additions or upgrades within existing equipment enclosures or buildin�s, so long as there is no material area ex�ansion of the equipment enclosure or butldin� or chan�e to the �proved architectural design of the existin�equipment enclosure or buildm�. (4) Prioritized locations. The following sites shall be the requtred order of locations for proposed PWSFs, inc(uding antenna and equipment shelters. In proposing a PWSF in a particular location, the applicant shall analyze the feasibility of locating the proposed PWSF in each of the higher priority locations and document, to the city's satisfaction, why Locating the PWSF in each higher priority location and/or zone is not being proposed. In order of preference, the prioritized locations for PWSFs are as follows: (a) Structures located in tlae BPA trail. A PWSF inay be located on any existing support structure currently located in the easement upon which are located U.S. Department of Energy/ Bonneville Power Administration ("BPA") Power Lines regardless of underlying zoning. (b) Existing broadcast, relay and transmission towers. A PWSF inay be located on an existing site or towerwhere a iegal wireless telecommunication facility is currently Located regardless of underlying zoning. If an existing site or tower is located within a one mile radius of a proposed PWSF location, the applicant shall document why collocation on the existing site or tower is not being proposed, regardless of whether the existing srte or tower ts located withm the �urtsdiction of the city ,..��wu.., ���.,�A.��.�_. �v����,�rb��.��..�m� �ffi (d) Appropriate a zoningdistricts. A PWSF inay be located on private buildings or structures within non-residential zonin� districts as allowed bv the zonin� chart. �=a°: a� f ,.,,+o,.,,n. „�;�o� b o r i �..+o.-.„-; ------r---- rv i �,,....,,...,�o v�,.v 9� 0 4 nf�;�o n,.,.v �r ro.,*o,- r,,,.o r�- r:*.., r-o..+or_ �.-..,...o c r,. .(e) Appropriate public rights-of-way. For the purposes of this section, appropriate public rights- of-way shall be defined as including those public rights-of-way with functional street classifications of principal arterial, minor arterial, and principal collector. A PWSF inay be located on existing structures in appropriate public rights-of-way. Structures proposed for location of PWSFs shall be separa.ted by at least 3301inear feet. Location of a PWSF on an existing structure in an appropriate public right-of-way shall require a right-of-way permit in addition to the required use process approval. �s��a-� ��r:..,,r n..tvr„i s�eF If the PWSF is proposed to be located in an appropriate public right-of-way and the surrounding uses or zoning are not t�e same, that portion of the right-of-way with the most intensive use and/or zoning shall be the preferred location. Proposed Code Amendments File #09-l03477-00-SE FWRC Chapter 19.255, Personat Wireless Services Facilities Page 2 of I 1 3 P��E If the PWSF is proposed to be located in an appropriate pub(ic right-of-way and surrou ing uses or zoning are the same, the preferred location shall be that portion of the right-of-way with the least adverse visual impacts. 19.255.020 Development standards. The following development standards shall be followed in the design, siting, and construction of a personal wireless service facility: (1) Building- or structure-mounted PWSFs on existing buildin�s or structures in or out o the public right-of-way. PWSFs mounted on existing buildings and structures ��'���*°a �P shall conform to the following development standards: (a) The PWSF shali consist only of the following types of facilities: (i) A microcell or a minor facility; or (ii) A PWSF that exceeds the minor facility thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the director of community development services, subject to meeting all of the following standards: (A) The facility shall not create substantially more adverse visual impact than a minor facility; and (B) The equipment cabinet for the PWSF shall meet all requirements of subsection of this section; and (C) The maximum size of the PWSF panels and number of antennas shall be determined by the director of community development services, based on the specific project location, surrounding environment, and potential visua.l impacts; and (D) The PWSF sha.11 comply with all other applicable standards of the Federal Way Revised Code. (c) For PWSF's located in the right-of-wav, the combined antennas mav extend up to the minimum necessary height to meet safety clearances required bv the operator of the existing structure, but not exceed 15 feet above the existing shucture, plus the height of the proposed antennas as specified in subsection �1�) of this section. The maximum allowable height of the new structure with the PWSF antennas shall be determined by the director of communi development services, depending upon the antenna type, design, location on the structure and the proposed method of attachment. An existin� structure can be increased in hei h� t only once per a 12-month period. Any structure, whether a new or replacement structure, tocated in a public ri�ht-of-way must be similar in terms of size (exce�t height), shape, coIor, material, and location to the existing and sucrounding structures as determined by the director of communitv development services. The antenna extension may be permitted regardless of whether the existinQ structure is in conformance with the maximum height of the underlving zone as outlined in the use zone charts, FWRC Title 19, Division VI, Zonin� Regulations. ��T`he antennas are mounted on the building or structure such that they are located and designed to minimize visual and aesthetic impacts to sunounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment pursuant to subsection of this section. Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facitities Page 3 of 1 (Ord. No. 08-�8�, 3(Exh. A), 11-4-08; Ord. No. 01-399, 3, 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97- 300, 3, 9-16-97. Code 2001 22-966.) 3 Pa��_�___��_��_._ Panel and parabolic antennas shall be screened from residential views and public rights-of-�vay unless t n on r ,.;r.r.,• n n�z�c ri, a+i, �,.;i;r.. Ft„-o� ,.;i;,..- !IZ\ T 1.' t� r1, D�JI/CG �t,.,il r 11 -r F 1. !C\ .a !�l „�+1,:� �o.� V uv L(`l TL. V nr t L. F t-- l- 11 1- r a 4' 1 ,7 1 F o+ L.o ..1.+ F .d,"� ...,+o .,.1 b Y Do..:�0.7 !''.,.ao e o f e e 7l' [/T 7.,..;.�,.. i?o.���tzf:.,.,� b.,..»...,...,. 0 {-e} �f Required setbacks shall not pertain to PWSFs within public rights-of-way e���e� Within residential zones, equipment enclosures and buildin��to house equipment cabinets located above ground on properties adjacent to the public right-of-way shall meet all applicable setback requirements for residential development of the underlying zone_ For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards. Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personal Wiretess Services Facilities Page 4 of I I 3 s z =a New freestanding PWSFs. All requirements of the associated land use zoning charts must be met. Additionally, �these structures shall conform to the following site development standards: (a) Placement of a freestanding PWSF shall be denied if placement of the antennas on an existing structure can meet the applicant's technical and network (ocation requirements. (b) Monopoies shall be the only freestanding structures allowed in the city; except that a lattice tower may be used to accommodate the collocation of four or more providers as part of a joint permit application. (cj In no case shall a freestanding PWSF be located closer than 500 feet to an existing freestanding PWSF whether it is owned or utilized by the applicant or another provider. (d) A freestanding PWSF, including the support structu�re and associated electronic equipment, shall comply with all required setbacks of the zoning district in which it is located. For developed sites, the setback requirements shall be those of the principal use of the subject property. For undeveloped sites, the setback requirements for new freestanding PWSFs shall be 20 feet for front, side, and rear yards. (e) Freestanding PWSFs shall be designed and placed on the site in a manner that takes maximum advantage o� existing trees, mature vegetation, and structures so as to: (i) Use existing site features to screen as much of the total PWSF as possible from prevalent views; and/or (ii) Use existing site features as a background so that the totai PWSF blends into the background with increased distances. (fl In reviewing the proposed placement of a facility on the site and any associated landscaping, the city may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility. (g) Support structures, antennas, and any associated hardware shall be camouflaged to blend in harmoniously within the existing site through the use of faux-structural desiQns, or when not technolo ig�callv or aesthetically feasible, painted in a non-reflective se�e�-e� color scheme appropriate to the background against which the PWSF would be viewed from a majority of points within its viewshed. The proposed color or color scheme shall be approved by the hearing examiner or director of community development �e� services. (�kj Screening standards for all PWSFs. PWSFs shall be screened or camouflaged through employing the best available technology and design, as determined by the city. This may be accomptished by use of compatible materials, location, landscaping, color, stealth techniques such as, but not limited to, artificial trees and hollow flag poles, and/or other methods or techniques to achieve minimum visibility of the facility as viewed from public streets or residential properties. In addition, the provisions for landscaping as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations, shall apply. Standards for electronic� °;w:C.-M�::_' �:��_'��::Y��. cabinets. (a) F Etectronic cabinets shall either: Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 5 of I 1 PQ���_��'�_ (b) Equipment enclosures shatl be screenea �vitn one or a comv�«a��uu following methods, which shall be acceptable to the city: fencing, walls, landscaping, structures, buildings or topography which will block the view of the equipment enclosure to the greatest extent possible from any street and/or adjacent properties, as determined by the director of community development services. Screening may be located any�vhere bet�veen the enclosure and the above-mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition, pursuant to FWRC 19_125A90(2) a If the equipment cabinet is located within a new ee�e�el�` enclosed building, the building shall conform to all applicable development standards and design guidelines for the underlying zone. The se�rlete-� enclosed building shall be architecturally designed and shall be compatible with eYisting buildings on the site. The Ea�3� enclosed building shall be screened to the b eatest extent possible from any street and/or adjacent properties by (andscaping and/or topography_ (-6� �aa�� S�tandards for equipment enclosures: fet prrrr ._a t u�. tit c o i i r b r i a� o.. c ...o o,. e o b L, il t, r�- ..0+1..,,.L Y o o..4 4'�l.0 ...,70.-1.,:.,,. �a) Electronic ec�uipment enclosures shall not be allowed within the ri�ht-of-way. fc} In residential zones, equipment enclosures located above ground on properties adjacent to the public right-of-way shall meet all applicable setback requirements for residential development of the Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 6 of 11 PA+���_�r� underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards. However, for undeveloped sites in nonresidential zones, if the a�plicant can demonstrate that the equipment enclosure can blend in harmoniousiy with the existin� site and cotnplement the landscape buffer requirements of the underlying zone, as determined appropriate by the director of communi development services, the equipment enclosure can be located inside of the 20 foot setback but outside of the required landscaping buffer of the underl� zg one. Equipment enclosures shall be designed, located, and screened to minimize adverse visual impacts from the public right-of-way and adjacent properties. fe} Equipment enclosures shall be designed, located, and screened to minimize adverse visual and functional impacts on the pedestrian environment. {#3 Equipment enclosures and screening shall not adversely impact vehicular sight distance. �6,� Security fencing. (a) No fence shall exceed six feet in height as stipulated in FWRC 19.125.160(5). (b) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials. (c) Chain-link fences shall be painted or coated with a nonreflective color. {S3 �7,� Cumulative effects_ The city shall consider the cumulative visual effects of PWSFs mounted on exisring structures and/or located on a given permitted site in determining whether additional permits may be granted so as to not adversely effect the visual character of the city. Signage. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind, except for small signs used for identification, hazard warning, and name of provider. (-�A� �9,� Use zone charts, height and permit process. (a) The final approvai authority for applications made under this section shall be defined by the appropriate permit process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. (b) Allowed heights shall be established relative to appropriate process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 01-399, 3, 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97- 300, 3, 9-16-97_ Code 2001 22-967.) 19.255.030 Nonconformance. Permit applications made under this section to locate a PWSF on property on which a nonconformance is located shall be exempt from the requirements of Chapter 1930 FWRC, Nonconfonnance, to bring the property into conformance as follows: (1) To provide the public improvements required by Chapter 19.135 FWRC, Development Improvements, as stipuiated in FWRC 19.30.110. (2} To bring the property into conformance with the development regulations prescribed in FWRC Title 16 relating to water quality as stipulated in FWRC 1930.120(1)(g). All other requirements of FWRC 1930.120 to bring the property into conformance with the development regulations presci in FWRC Title 16 relating to water quaiity shall apply. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No_ 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22 19.255.040 Temporary personal wireless service facilities. As determined by the director of community development services, a temporary personal wireless service facility, or cell-on-wheels, may be deployed and operated as follows: (1) For a period of 90 days during the construction of a freestanding PWSF which has been approved through the appropnate permit process; provided, that the temporary personal wireless service faeility or cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 7 of I 1 �A�� C���_ appropriate permit process. Only one temporary personal wireless service facility or cell-on-wheels shall be permitted for a single site. (2) For a period of'n� time determined to be appropriate bv the director of community development services, during an emergency declared by the city, state, or federal government that has caused a freestanding PWSF which has been approved through the appropriate permit process to become invol�intarily non-operational; provided, that the temporary personal wireless service facility or cell-on- wheels creates no more adverse impacts than the PWSF which was approved through the appropriate permit process. (3) Prior to installation of the temporary PWSF, the applicant shall provide the city with a cash bond in an amount to be determined by the director of community development services in order to guarantee performance of future removal and restoration of the site. (Ord. No. 08-�8�, 3(E7ch. A), 11-4-08; Ord_ No. 00-363, l4, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-969.) 19.255.050 App(ication requirements. (1) Except for temporary persona( wireless facilities, permit applications made under this section shall include the following minimum information in addition to that required for the underlying permit review process: (a) A diagram or map showing the primary viewshed of the proposed facility. (b) Photosimulations of the proposed facility from affected properties and public rights-of-way at varying distances. These photo simulations should include examples of camouflage and stealth installation o�tions. (c) Architectural elevations of proposed facility and site_ (d) A coverage chart of the proposed PWSF at the requested height and an explanation of the need for that facility at that height and in that location. (e) An inventory of other PWSF sites operated by the applicant or other providers within a one- mile radius of the proposed PWSF location, ��'��a��� =~F fl A site/landscaping plan showing the specific placement of the PWSF on the site; showing the location of existing stnictures, trees, and other signiftcant site features; and indicating type and locations of plant materials used to screen PWSF corr►ponents. {g) If the PWSF electronic equipment cabinet is proposed to be tocated above ground, �eg,a��le�ss an explanation of why it is impracticable to locate the cabinet underground. ,.�..:ae „c*wo.,,.wi:,, n,.�,. Documentation of efforts to collocate on existing facilities. {t} The city may require the applicant, at the applicant's expense, to provide any additional information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to implement this chapter and to require that such inforn►ation, studies, mapping, materials, inspecrions, and reviews be reviewed by a qualified professional under contract to the city, also at the applicant's expense. (2) Permit applications for temporary personal wireless service facilities shall include the following minimum iriformation: (a) Documentation of previously permitted facility. Proposed Code Amendments File #09-l03477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 8 of 11 3 P�a������,�,_ (b) Site plan showing proposed location of temporary facility in relationship to the location of the previously permitted facility and property boundaries, including dimensions from the property lines and height of proposed facility_ (c) Photographs of the proposed facility. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. O1-399, 3, 8-7-Oi; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97- 300, 3, 9-16-97_ Code 2001 22-970.) 19.255.060 Collocation. (i) A permittee shall cooperate with other PWSF providers in collocating additional antennas on support structures and/or on existing buildings and sites, provided said proposed collocatees have received a permit for such use at said site from the city. A permittee shall allow other providers to collocate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether a permittee has exercised good faith in accommodating a new applicant, the city may require a third party technical study at the expense of the permittee. Failure to comply with this provision may result in a revocation of the permit_ (2) A signed statement indicating that the applicant agrees to allow for the potential collocation of additional PWSF equipment by other providers on the applicant's structure or within the same site location shall be submitted by the applicant as part of the permit application. If an applicant contends that future collocation is not possible on their site, they must submit a technical study documenting why. {3) Collocation requirements shall not apply to PWSFs located on existing structures in appropriate public rights-of-way within residential zones, neighborhood business (BN) zones and professional office (PO) zones. (Ord. No. 08-585, 3(E�ch. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-971.) .,l.e.i tl..o« *l,o F ,.:1:*.. ..l..,il l..e .o,a e /ll.�.l Ai.. !14 G4G f. 2/C..1. A\ 11 n no. n_a AT.. !1/l 2G2 f. IA 1 A nn. n �.i AT.. O'7 znn f. 2 O t!. 07 !'.��Ic e s 2: °.'�w 19.255.070 Removat of faciiity. (1) Abandonment and removal. The owner or operator of a PWSF shall provide the city with a copy of the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC. Additionally, the owner or operator of a PWSF shali notify the city in writing of the abandonment of a particular facility within 30 days of the date the PWSF is abandoned. The abandoned PWSF shall be removed by the facility owner within 90 days of the date the PWSF is abandoned, the permit is revoked, or if the facility falls into disrepair and is not maintained, as determined by the city. Disrepair includes Proposed Code Amendments File#09-103477-00-SE FWRC Chapter 19255, Personai Wireless Services Facilities Page 9 of t 1 �����7;�� PA���_��°�� structural features, paint, landscaping, or general lack of maintenance which could result in adverse safety or visual impacts. If there are two or more users of a single tower, then the city's right to remove the tower shall not become effective until a(1 users abandon the tower. (2) Partial abanctonment and removal. If the abandoned antennas on any PWSF are removed or retocated to a point where the top 20 percent or more of the height of the supporting structure is no longer in use, the PWSF shall be considered partially abandoned. The o�vner or operatoc of any partially abandoned PWSF shall notify the city in writing of the partial abandonment of a particular facility within 30 days of the date the PWSF is partially abandoned. The owner of the PWSF shall have 120 days from the date of partial abandonment to collocate another service on the PWSF. If another service provider is not added to the PWSF within the allowed 120-day collocation period, the owner shall in 210 da.ys of partia! abandonment, dismantle and remove that portion of the supporting structure which exceeds the point at which the highest operational antenna is mounted. (3) Removal and lien. If the provider fails to remove the abandoned or partially abandoned facility upon 210 days of its abandonment or partial abandonment, the responsibility for removal fatls upon the property owner on which the abandoned or partially abandoned facility is iocated. The city may enforce this subsection using the procedures as set forth in FWRC 1.15.010. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-973.) �.''n 19Z55.80 Revocation of permit. A permit issued under this chapter may be revoked, suspended or denied for any one or more of the following reasons: (1) Failure to comply with any federal, state or local laws or regulations; (2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of a permit; (3} When the permit was procured by fraud, false representation, or omission of material facts; (4) Failure to cooperate with other PWSF providers in collocation efforts as required by this chapter; (5) Failure to comply with federal standards for EMF emissions; and (6) Failure to remedy localized interference with the reception of area television or radio broadcasts or the functioning of other electronic devices. (7) Pursuant to FWRC 19.05300(3), the city, as the applicant, shall use the same process to determine if the permit shall be revoked as it used to grant the permit. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-975.} Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 10 of 1 I 3 PA��_II__G�_�.. K:�2009Code AmendmenU\PWSE`.Reformatted ZoningCharts\Version sentto Stakeholders�Chapter 19-255.DOC Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personai Wireless Services Facilities Page I l of I t 19.195.190 Personal wireless service facility. T'he followin� uses shall be nermitted in the z 0 a L USE U wireless service facility (PWSF) See note 4 f'or ellowed tvues of U b� 3 N M G•'7 a: w SeeneEe See note See 1 note 1 Process u down to find use A x �M a �x :e See Refer to de 1 note 1 FWRC iv.2ss.o2o f'or mexi- cimm heights fo[ allowed types of PWSFs fiee+iete-2 zone subject to the regulations and notes set forth in this section: USE ZONE CHART xcross f'or REGULATIONS Cq U O .a y a b� a• on v� x a ZONE SE SPECIAL REGULATIONS AND NOTES See Not N/A 1. Not applicaUle. PWSFs allowed on existing structures only. note 3 allowed 2 ott a PWSF '��-m 3- 2. All PWSFs shall Ue landscaped and screened in accorciance witli Chapter 19.125 FWRC and tl�e provisions of the PWSP' development regulutions. At fl minimum, a five ft. type III landscaping tuea shall be reyuired around the tacilit,y, unless tlie community developmenl services director deternunes tltat the fncility is xdequately screened. d� 3. New fteestanding PWSPs are not allowed. PWSFs shall be sillowed only on existing towers, on puUlicdy used struclures not located in public rights-of-way, on existing structures loctited in [lie BPA tntil, xnd on existing stntctures in appropriate public rights-ot=way. ReYer to FWRC 19.255.020 for development staindards applicable to ullowed types of PWSFs. Pra.�ess I, II, III and I V are descri6ed in Ct��ter 19.55 FWRC, Qtiapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respecKively. K:\2UU9 Codn Atnendmetds�P W SN1PLvm¢ig C�nunusion\Oct 7 Meet6ig Packet\SE 19• 195• 190 P W SFdoc For ot}ier infon�iation about p�u•king au�d parlcing e�•eas, see C'hupter 19.130 FWRC Far detuils of what may exceed thi5 heigl�t limit, see FWRC 19.110A50 et sey. For deteils regarding reyuired yu��ds, see FWRC 9.125.160 et sey. at� r�. s I 19.200.190 Personal wireless service facility. The followinQ uses shall be oermitted in the sinQle-familv residential (RSl zone snbiect to the DII2ECTIONS: FIRST, read down to Minimums Z Re uired Yar3� O N H N U 'b •v �7 N O' p A rx a w c�i"� Personal See-naEe See note See See See wireless 2 1 no[e I note 1 no[e 1 selvice facility Process (PWSF) ll See note 4 lor allowed tVpe3 of PWSFs Process I, II, III end I V nre described in Chapter I9.55 FWRC, Chapter l9.60 FWRC, Qhep�er 19.65 FWRC, Chepter 19.70 FWRC respectivety. THEN, xcross Yor REGULA7'IONS L V C 0. b q rj Wl y a a ,x, d �x a in a Reter to See Not N/A FWRC note 3 allowed 19.255.020 ot� a fortnaxi• PWSF murtt heights for ul lowed types of P W SFs 8ec-ttt�t�2 K:\2009 C�de Puneudments\PW 3F1PLuu�nig Coimnissu�n\Uct 7 Meeting Packet\RS 19-2W-190 PW SF,duc USE ZONE CHART and notes set forth in this section: ZONE RS SPECIAL REGULATIONS AND NOTES Not applicable, PWSFs allowed on existing stnictures only. 3: 2. All PWSFs shull be landscxpe3 xnd screened in accordzmce witli Cliapter 19.125 FWRC and tlie provisions of the PWSF development regultLtions. At a minimum, a five ft. type III Itindscaping flrex sh:ill be required tiround ti�e facility, unless the community development services director deternvnes that the facility is x3equately screened. +F: 3. New freestNnding PWSFs nre not allowed. PWSFs shall be xllowed only on existing towers, on publicly used struotures nol located in public rights•of-w1y, on existing structures loc�ted in the BPA trail, nnd on existing structures in appropriate public iiglus- of=way. ReYer to FWRC 19.255.020or development stane�uds xpplicflble to 111owed types ofPWSFs. For other infoirnetion hbout pati<ing arid pui<ing aresis, see Chepter 9.130 FWkC. Fur Jetails oCwhat may exceed this lieigtit limit, see FWRC 19.110.050 et ,ey. For details re�vdingreyuired y��ds, see FWRC 19.125.160 et sey. �Y 19.205.200 Personal wireless service facility. The following nses shall be pertnitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: USE ll DIRECTIOr O U N �a�� �i a FIRST, read down to A Q b w v, a Persmictl See-rieEe See note See See Sae wireless s� 1 note 1 note 1 note 1 service facility Process (PWSF) u See note 4� fa allowed twes of x �x Refer to FWRC 19.255.020 for maxi- mwn heights for ellowed types of PWSFs Secnterte$ �tt�teft�e; tN' 3- s, All PWSFs shall be Ixndscaped and screened in accorcl:�nce witl� Chxpter 19.12� FWRC and t6e provisions of Qie PW'SF Sevelopment regulations. At a minintwn, x five ft. type IIT landscaping arex shall be re��uired aroimd the liicility, unless the community development services director detemiines tltat the Yiicility is :idequxtely screened. d� 3. New freestxnding PWSFs xre not tillowed. PWSFs sheill be rillowed only on existing towers, on publicly used structures not located in puUlic rights-of-way, on existing struc[ures located in the BPA trxil, an3 on existing structures in xppropnate publis ri�hls- ot=wxy. Reler to FWRC 19.255,020 Yor development stan�lyds applicaUle to xllowed types of YWSFs. Process I, II, III nnd I V are described in 22351 22356, 22-361 22-370 22-386 22-411, 22-431 22-460, respectively. For oUier infoiination ebout purking end parking a�•ea,, see Chapter 19.13U PWFtC l�or details ol'what muy ew:eed this I�ci�ld liuut, see FWRC 19 I 1QOSU et sey. For detuils regtu•diiig reyuired y��uds, see FV✓FtC 19.125. Fi0 et scy. �"M I K:\2W9 Code AtttendmenLs\PWSF\Platmu�g Couuni�sion\Oct 7 Meetuig Packet\RM 19-20b2W PW SF.doc tlq CL a across for REGULATIONS y b y 4� s x �n a a SPECIAL REGULATIONS AND NOTES See note Not N/A 1. Not xpplicable. PWSFs allowed on existing structures only. 32 allowed ...a .�.:i, c,.n_.. on e PWSF USE ZONE CHART ZONE RM 19.210.050 Personal rvireless service facility. The followinQ uses shall be permitted in the professional oi�ce (PO) zone sc�biect to the USE ZONE CHART z 0 F a USE a u DIRECfIONS: FIRST, read down to find use TEIEN, ucross for RLCiULA'1'IONS Minimum, Required Yards N a d fn a .0 u a b u, v� A a Yeisonal See-nete See note See See See wireless 1 note 1 iiote 1 tiote 1 se�vice Pr� faciliry See uote 4 fm rillowed types of PWSFs r x Reter to FWRC 19.255.020 t'or rtwxi- tmun heights for allowed types of PWSFs vc'cfloi z 3- 2. All PWSFs shall be lrindscaped and screened in accor�mce widi Cliapter 1). l25 FWRC and tl�e provisions of tLe PWSF development regulations. At a minimum, a five 8, type III ltm3sc�ping area sl�all be required around the tiici►ity, unless the community development services director deterntines lh�t tl�e tiicility is ade��uately screeued. 4. 3, New freestnnding PWSFs are not allowed. PWSFs shttll be.illowed only on existing towers, on priveite buildings +md struc ures on puUlicly used structures not located in public rights-of=weiy on existing structures Loctited in die BPA trxil, and on existing structures in a�propriate public rights-of•w1y. Reter to FWRC 19.255.020 for development stxndz�rds applicaUle to tillowed types of PWSFs. Process I, II, III and I V m�e described in C,"hapter 19.55 FWRC, Chapter 19.60 FWRC, Chepter 19.65 FWRC, Chnpter 19.')0 FWRC respectively. K:\2009 Code Amrr�dtnenls\PW SA�Platututg Cortunissiou\Oct 9 Meetuig Packet�P019-2I0-O50 pW SF.Aoc O. a y U 4 ^d y wi a� �a and notes set forth in this section; ZONE PO SPECIAL REGULATIONS AND NOTES See Not N/.4 1. Nu[ upplicable. PWSFs xlluwed on existing structures only. note 3 allowed 2 on a PWSF. For other ii�fo�mntion �out p .u•king ar�d pcu•Icing a�'eaG, see Chapter 9.130 FWRC. For details of wlujt mey exceed this heiglrt licnit, see FWRC 19.110.USU et seq. For detail5 regprding reyuired yards, see FWRC 19.125 160 et sey N ass 19.215.100 Personal wireless service facility. The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: z DIRECTIOr O a y U 1-� '�5 N U�E u FII25T, read duwn t� find use Minimums Required Yeirds U a w �n A E A on Refer to FWRC 19.255.020 for nuixi- nwm heiyJns for ellowed types of P W SFs J Seerttefe 9ee note See See See 1 note 1 note 1 note 1 teciliry Yrae� l II See note 4 far allowcd types uf vcciivic r�nri� 3- 2. All PWSFs sh:�ll be l:indscxped:ind screened in ticcordtince with Cl�xpter I J.125 FWRC and tl�e provisioiis of the PWSI� development regulations. At x minimum, x five ft. type III Ixndscaping eu'ett shall be requircd :uound tl�e tiicility, unless [he community development ser��lces director deternunes that tLe tacility is xSeyuxlelY +crreued. d� _i. New 1TeestanJing PWSFs e�re not xllowed. YWSFs shall be xllowed unly ou existing towers, uu mivate Uuildines and structures. on publicly used structures not locuted iu public iigl�ts-o1=w:ry, on existing su•uctures lucaled in ihe 13PA trail, and a� existing structures iu xppropri�u� public rights-ot=wxy. Reter to G'WRC 19.255.�1':U fbr dc�•elopiuent stxnd:irds:ipplicxUle to nlluwed types o1�YWSFs. R i Process I, II, IIl rind I V nre described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWFtC, Chupter 19.70 FWRC respectively. K:\2009 Codt M�eudme�its�PW SF�Platwing Cmntnusion\Oct 7 Mentuig Packet\BN 19•215•1 W PWSF.doc USE ZONE CHART THEN, across ior REGULA'I'IONS ri w U y b C o. 00 y v a: a ZONE BN SPECIAL REGULATIONS AND NOTES See Not N/A 1. Not applic:ible. PWSFs 111owed on existing structures only. note 3 allawed on a PWSF i v For oltter iufom�ation about psvl<iug aid parlciug area5, see Chnpter 19,13U FWItC. For de�ails of what may exceed this Y�ei�t limit, see FWRC 19. I 10.O5G et sey. I'or detHils rey�•ding ecyuired yuds, see FWRC 19.125.160 et seq. �'b a 19.220.120 Personal wireless service facility. The followinQ uses shall be pernutted in the communitv business BCl zone subiect to the reuulations and notes set forth in this section: z 0 G4 USE u wireless service fecility See note 5 for allowed types of PWSFs DIRECTI FIRST, rea down to find use Minimums Re uired Yxrds N N U b W m .e p• V] p y M r� c4 w v� c� x See note None See See See Refer to 2 note 1 note 1 note 1 FWRC 19.255.020 fa mexi- IIIWII heigttts for allowed types of PWSFs See note 3 Process I, II, III end I V a��e des�Yibed in C}�apter 19.55 FWRC, Chepter 19.60 FWRC, Chepter 19.65 FWRC, Chapter 19.70 FWRC respectively. [EN, across for REGULATIONS y y V V C� C a �n w USE ZONE CHART ZONE B SPECIAL REGULATIONS AND NOTES See Not N/A 1. For developed sites, the setUack requirements shall be those of the principal use of the subject property. For undeveloped si[es, the no�e 4 allowed setback reyuirements Yor new freestanding PWSFs shall be 20 ft. for ftont, side, tind rear yxrds. O f 1 2. Subject to meeting all applicaUle development stan�irds, the review process used shall be process 1, except t�r tlie tb]lowine PWSF proposals: a�. Process i�l� II for the Yollowing proposals: (1) The PWSF is located within 30O fl. ofn residential zon or (2) The PWSF is loc:ited on a structure that is 1 residence or school or contains 1 residence or school; u ..t_.._ .t.. or (3) Tlte PWSF is ti new freestxnding PWSFs; b. Process III ifthe PWSF is x lattice tower lccommodating tour or more providers. ��m 3. M�ximum allowed height tor fl new freesttinding PWSF shnll be the minimum necessxry to provide the service up to 100 ft., plus flny l�eight granted under FWRC 19.110.060. A PWSF shaill be allowed up to 120 ft. if tliere aire two or more providers; exeept tliat �i lnttice tower ofUetween 120 ft. to 150 ft. will Ue sillowe3 under a c ontUined xpplicxtion oC four or more providers, 4. All PWSF sh:ill be lnndscaped and screened in uccorc�tnce with Chnpter 19.125 FWRC and the provisions of die PWSF development regultiGons. At a minimum, x five ft. type III landscaping area shall Ue require3 xround the tkcility, unless the conununity development services director deternunes thttt the tacility is adequately screened. 5. New freestanding PWSFs are rillowed subject to height limits tlnd collocxtion provisions. PWSFs xre xllowc�l on existing towers, on private Uuildings and structures, or� publicly used structures not locxted in public rights-ot=wxy, on existing struc[ure� i tl�e BPA trail, xnd on existing structures in approptiate pttblic rigltts-ot=wxy. Re(er to FWRC 19.255,p2p for developme�� auulicxble ta aillowed twes ofPWSFa f'_"i� For other i[ifcnzuatioii about Nuicing �nd p�u�king �uea,, see Ctuipter 19. I 20 FWkC. For details ofwhut may exceed this hei�ld limit, aee FWRC 19.11U.050 et seq For detuils re�uding required yards, see FWRC 19 125.160 et ey. a�s�re G� K'\2009 Code AmetulmeuLc�PW SF1Pla�utntg Camuissi�n\Uct 9 Meetuig Packet\BC 19•220-I20 PW SF.doc 19.225.120 Personal wireless service facility. The followin uses shall be ermitted in the cit center core (CGC) zone DIRECTIONS: FIRST, read down to tind use THEN, across tor REGULATIONS v. z o rn H U d 3 USE 3 s u �a Pe�sonal See note facility Sec note 5 for �Ilowed twes of .0 'a" w fn See notes 1 s Oq C E °q a �x Refer to See Not FWRC note 4 allowed 19.255.020 on a h �4 'd c x �n a" Process 1,1I, IIl tu�d I V tve described iu Chapter I9.55 FWRC, Chnpter 19.60 FWRC, Ct�apler 19.65 FWRC, Chapter 19.70 FWRC respectivcly. for iriaxi- PWSF nmm hei3tits for alluwed types of PW SFs ect to the USE ZONE CHART and notes set forth in tliis section: ZONE CC-C SPECIAL REGULATIONS AND NOTES 1. For setbacks see FWRC 19.255.020(51(bl. 2. Subject to meeting all applicaUle development statt3��r3s, dte review process used sluill be process I, except tor tl�e ti>Ilowiug propo�ls: S ee t�ote 3 c u (3j a. Yroecss II il'�the PWSF is ti new treestanding PWSFs; b. 1'rocess III if tUe PWSl� is a Ixttice toa�er aecomnrodxting tour or more providers. sEt�Et�e;-ee 3. Mxximum xllowed heiglit Y'or a new 1'reestauding PWSP shall Ue [he nunimum necessary to proviJe lhe ser��ice up tu 100 fl., plus xny l�eight grinted under FWK(," 19.11U.060. A YWSF sliall Ue allowed up to 120 ti. it�there xre two or more pro��iders; excepl l4x[ a lxttice Wwer ofUetween 120 fl. to l50 ft. will be allowed un3er x combined upplicxtion ul'tour or more pro�•iders. 4. All PWSF shxll be landscxped and screened in r�ecur�iZ�nce witl� Chapter 19.125 FWRC aind die provisions ul'the PWSP development regultitions. At a minimu�n, ti tive fl. type IIl lan3scaping arex sh:ill Ue required around thc tucility, unless tlie community development services direelor deterntines thal llie lacilily is adequately screened. 5. New freestanding YWSFs xre xllowed suUjecl to height limits and collocation provisions. PWSFs are allowed on existing towers, on private buildings an1 strucwres, on publicly used structures nol lucateJ in public rigl�ts-ot=wfiy, ou in ctures locxted in the BPA lrxil, and on existing structures in xppropriate puUlic rigl�ts-ot=way. Reter to WRC 1).25i�� t� develoument standtirds avulicuUle to allowed tWes of PWSFs. For odier infomiatiun about parkirig a�id pnrlcing <�reus, see Chapter 19.130 FWRC. For detuils of what muy exceed this height limit, see FWRC 19.110.OSU et seq. For deteils regarding reyuired yards, xee FWRC 9L125.160 et sey. �N rf.�J K:\2 W9 Code AuteiuLnntLv\P W SF1P1a�wutg Ccntunbsi�in\O�K 7 MeetLtg Padcet\CCC 19-223d 20 P W SFAoc 19.230.140 Personal wireless service facility. The following uses shall be permitted in the city center frame (CC-F) zone subject to the reQulations acid notes set forth ui diis section: F y m U O 'O 3 USE rr 5 ll Personal See note wireless 2 1'acility See uote 5 for allowed types ol' PWSFs Yards A o .d w v� c See notes 1 and 4 2 use THEN, across for REG ULATIONS h v p� U C O �a v x� G 3x x n�, Reter ro See Not FWRC note 4 atlowed 19.255.020 o�i a fornia:ti- PWSF heiy,hts 1'or aliowed types of PWSFs See note 3 USE ZONE CHART ZONE CC-F SPECIAL REGULATIONS AND NOTES For de ed-s'r4er� °.•�-�.'-,°���1� ve1�H eijtt�retnerti9-:}1xt11-�e-t���=f�ie�rtnei�}x�e-cst'Ehrs+tl3jec.�-}�r��ert�. fc>i-+o-ntie�ele1>eci-site� selbacks see FWRC 19.255.020(51(U). 2. Subject to meeting all applicaUle development stanckirds, the review process used shall Ue process 1, except Y'or tiie Yollo�ving a. Process III Cor the follnwing propusals: E3j The PWSF is n new tteestunding PWSFs or, (21 If the PWSF is x lattice tower accommodatine four or more,�roviders. �m 3. Maximum allowed heiglu for a new tieest�inding PWSF shall 6e tlie rtilnimum uecessary to provide the service up to 100 11., plus �ny Ueight ��ranted under FWRC 19.110.O60. A PWSI' shall be tillowed up to 12b ti, if there ure twu or more providers; except that a l attice tower of�between 1?O [l. to 150 ft. will Ue xllowed under a combincd npplication ol'ti�ur or more providers, 4. All PWSF shxll be lxndsexped nnd screened in accor�mce witl� Cli:ipter 19.125 FWKC and the provisions of tl�e f'WSF development regulations. At a minimum, x Tive ft. type IIl landseflping airea sluill be �eyuirrd xrouvd the l:icility�, wiless t c� communiry 3evelopment services director detennines dixt the tiicility is adeyuxtely screened. 5. New freesttinding PWSFs are xllowed subject to heigltt linuts and collocation provisions. PWSPs are ��llowed on existi�g� towers, on private buildings aind struc[ures, on puUlicly used sh not located in puUlic rigl�ts-ot=way, on cxisting st�re locri[ed in the BPA trxil, eind on existing slruc[ures in appropriate puUlic rigl�ts•of=wtiy. Refer to P'WRC 19.255.02�J �or Prcxess I, II, III �id IV are described iti For other inforrnntio�� about parkiug and pnrl<ing areaa, see Chepter 19 13U FWFtC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Foc details ofwhat uiay exceed dus height liuiit, see 1� WkC 19.110.050 e� ,ey Chepter 19.65 FWRC, For details fegardiug t'eyuired yards, sce FWR�. 1l 125.160 et sey Chapter 19.70 FWRC respectivcly K:\2 W9 Code Atneudmentv\PW SF1PIa�wuig Catun�vsiou\Oct 7 Meel'u�g Packet\CCF l9• 230• I JO P W SF.duc �a,-di 19.235.100 Personal wireless service facility. The following uses shall be perrnitted in the DIRECTIONS: FIRST z O N F V a �O Cr 3 N USE a Re uired Yards u p w ri� a Pereonal I See note I None I See See See wu•ele�s �2 note I note 1 note 1 I'acility See note 5 tcx rilloweA types ot' �x Refer to FWRC 19.255.020 for maxi• mum hei�lrts &x sillowed types of P W SFs See note 3 parx �vr�� zone s [EN, aoross f'or REGULATIONS v a� 4 :4 U y Q y a2 a iect to the regulations and notes seC forth in this section: USE ZONE CHART ZONE OP, 8�4 SPECIAL REGULATIONS AND NOTES See Not N/A 1. For�eaek�ed-site�Ehe-setl�ek-ceqairentenfs�knii-l�etlie3se-e€FHe-�r�ei�itF-t�sret�tHe�uHjeeti�t�rky.-I�c�=�r�elevel�ed�'r[ey,llie note4 allowed setbttcks see FWRC 19.25�.02U($)(h), on a z, Subject to meeting 111 :�pplictiUle development sfxndtirds, the review process used sl�all be prouess 1, except for the following PWSF �roposals: a. Process TI for the tollowing prupos�ils: (1) The PWSF is located within 300 ft, ofH residential zon (2) "flie YWSF is localed ou u struciure Q�at is a residence or schuol or con[xins �i residence or sehool; .i...... i c a ..i_._... .t... (3) Tlie PWSF is a new freestxnding YWSF b. Process fII if the PWSF is a lxttice tower xccommodtiting tour or moro providers. 3. Maximum tillowed height for a new lieestanding PWSF shall be the minimum necess�iry to provide the service up to 1(i0 8., plus any lteight granted under FWRC 19.110.060. A PWSF shflll be 111owed up to 120 H. if tliere :ire two or more providers; exeeyt tlial a lattice tower ofbetween 120 R. to 150 ft. will be allowed under a combined application of four or more providers. 4. All PWSF sl�all Ue landsctiped and soreetted in accordance with Chapter 19.125 FWRC and tl�e provisions of'the 1'WSF development regulaGons. At t� minimum, n five ft. type III landsef�ping area sl�xll Ue rec�uired around llie fiicility, uuless die coitununiry development services director deternunes that the facility is udequately screened. 5. New freestanding PWSFs are allowed subject to heiglit limits and collocatian provisions. PWSPs are 111owed on exisling towers, on private Uuildings nnd structures, on publicly used structures not loctited in public rights-ot=way, on existing structures located in the BPA trail, eind on existing structures in appropriate puUlic rights-of-way. Reter to FWRC 19.255.020 Tor develo�t �:irds lvulicable to xllowed twes ofPWSFs. ��.n PfOCC$R I II, III and I V e�•e described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chepter 19.65 FWRC, Chapter 19.90 FWRC respecxively. K:\2009 G\ide A�neudmeuta\PWSF�Plazuiing Caruuission\Oct 7 Meethig Packet\OP 19-235-100 PW SF.doc For other infmu�etion about padcing and parking area5, see Chaptex 19.130 FWRC. For detuils ofwhet may exceed this heip,ht limit, see FWRC 19.110A50 et seq. For detuils regarding required yards, see FWRC 19.125.160 et seq. �srr �r� I 19.240.140 Persona► wireless service facilities. set forth in this section: N H U 1.^ p b 0. a USE Personal wireless �ess-I� service f�cility See note 5 for See note 2 xllowed types of PWSF's FIRST, reFid down to tind use Minimums Reauired Yards rt U N V O t° w` cn one See notes 1 and 4 x V �x� FWRC 19.255.020 fur maximum heights tor flllowed types of PWSF's See note 3 USE ZONE CHART for REGULATTONS ZONE CE SPECIAL 12EGULATIONS AND N01'�S N/A 1. For se[Ut�cks see rWRC 19.255A20(S)(bl. 2. Subject to meeting till applicaUle developmenl stan�rds, the review process shall Ue Process except tor the Tollowing proposxls; a. Process II for the tollowing proposals: (1) Tlte PWSF is located witl�in 300 feet of a residential zun (2) Tl�e PWSF is located on x structure that is a residence or school or contains a residence �r schuol; N .L.. (3) Tlie PWSF is a new freestanding PWSP; except as provided in note (2)(c). b. F'rocess III if tlie PWSF is x lattice [ower accommoc��ting four or more pruvidcrs, ur the PWSI� is a new lreestxndine PWSF �m 3. Ma�ximum allowed height tbr a new f'reestanding PWSF shall be Qie minimum necessary to pruvide the service up to l00 ti., plus any heigltt granted under FWRC 19.110.060. A PWSF shall Ue alloweJ up to 120 ft. ifthere e�re two or more pruviders; except that u Ixttice tower ofUetween 120 ft. to 150 tt. will be xllowed under a comUined applicntion of tour ur more providers. 4. All PWSFs shxil be lxndscapeJ and screened in accor�mce wiUi Chapter 19.12> FWRC and the provisions ��f tLc P1NSF developmen[ regulxtions. At ai nvnimum, ti five ft. Type III lt�ndscape xrea shxll be required around the tacility, u�'iless Qie community development services director detennines ll�at the tiioility is adeiluately scrcened. 5. New tieestanding PWSFs tire ��Iluwed suUject to height linuts emd cc�llocation provisions. YWSI�s are ullowed on ��isting towers, on private buildings xnd stnwtures, on publicly used stnictures not located in public �ights-ot=wxy, on eaisling s[nictureslocated in [he E3PA trxil, and un exisling structures in eippropiinte public ri�hts-ot=wxy. Rcter to FW12C 1�.255.0� for developmen[ stan�u•ds tipplicxl.ile to zillowed types oFYWSFs. Process 1, II, III nnJ IV ttre 3escriUed in Chapter.19.55 FWRC, Por other infomixtion about parking xnd parking areas, see Chapter 19.1.�0 1� WRC. Ch+ipter 19.60 FWRC, For detxils ofwhat mxy exceed tLis hciglulimit, see FWKC 1J.110.050 et sey. Chapter 19.65 FWRC, For details regarding required yxrSs, see FWRC 19.125.1G0 et sey. Chapter 19.7U FWRC tespectively. K\2009 Code P.mendtnenb\PW SFlPlam�ntg Conunissim�\Oct 7 Meet'v�g Packet\CE 19•240 PW SF.DOC i'� �ra.re Chapte�• 19.245. Corporate Park (CP-1) Persetjal See-neN wireless 3 scY°viee fae��ity occiioii.� {9YY�}t�qtti{ ��''S ZONE .�iir.��r.�c.��.r.i�r.v��y See PdaE AHrt e}lc�wa�ci gVd$F n..,_. m a•.... a;.n $CeSiOFC-3 ri...r i ..i ro w u. ..b p. in Tti., o�no� :....._n�,.....a ntu�.C_..,..t:�. l�!!�1llr E}lH[)fCrii E:�h9��lQC �.�ibB¢11� See See See 4 "�r-�` 'o trote-} ��Ee-I nef�F �E ;T� -o� f'er-�rtmti- rtfnnx r�dY' �m��d'n`TM2Etdtt't2�dttt r_.�. �._r��mn �n nc�,��_ �'"0� 't'sUUI� L "9"YI/ K:\201KI C��de Atnendtneuts\PWSF�Plutuiu�g Cmmuission\Oct 7 Meeting Packet\CP-1 l9•245•Ol0 PWSF.duc CITY OE EEDER�II, W�Y PLANNING COMI�IISS[ON October 7, 2009 City Hall 7_00 p.m. Council Chambers MEETiNG M(NUTES Commissioners present: Merie Pfeifer, Hope Elder, Sarady Long, Lawson Bronson, and Tim O'Neil. Commissioners absent: Tom Medhurst (excused) and Wayne Carlson (exci�sed). Staff present: Senior Planner Margaret Clark, Associate Pianner David Lee, Planning Manager Isaac Conlen, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of September 16, 2009, were approved as written. AUDIENCE COMMENT None AD1VaNISTRATIVE REPORT Mr. Conlen announced that Lawson Bronson was reappointed to a four year term tast night by the city council. We will hold elections for Pianning Commission officers the first meeting in November. We will meet November 4`�. COMMISSION BUSINESS PUSL�c HEARING Code Amendments to Personal Wireless Service Facilities (PWSF) Mr. Lee delivered the staff presentation The proposed amendments are intended to reduce redundant language, remove sub-prioritization of location preferences, remove submittal requirements for electromagneric field (EMF) implementation reports, and remove the 10 year expiration period Zoning charts are also proposed to be modified to change the minimum review process from a Process III to a Process II. One concern was expressed by a HAM radio operator and staff inet with him to discuss his concerns. He did not make a formal comment. One formal comment was made by RealComm Associates. Staffmet with representatives of RealComrn Associates and as a result, incorporated some of their concerns/suggestions into Exlubit A, Second Version. Staff requests the Commissioners base their questions, comments, and any decision on Exhibit A, Second Version. Staff provided copies of Exhibit A, Second Version and the email from RealComm Associates stating their acceptance of Exhibit A, Second Version. There was no public comment. Commissioner Bronson asked if the PWSF regulations apply to HAM radio operators. Mr. Lee replied that it does not apply to them. HAM radio operators are regutated by the FCC. Commissioner O'Neil asked for clarification on what are the sub-prioritizations of locations. Mr Lee explained that under the current code there are five levels of site prioritization for where a PWSF inay be located Those levels are: structures located in the BPA lrail; existing broadcast, relay, and transmission towers; publicly used structures; appropriate business, commerciai, and city center zoned sites; appropriate tC �ao7-ov.aoc Planning Commission Minutes Page 2 October 7, 2009 public rights-of-way; and alternative location as approved by the Director of Community Development. Of those levels, t�vo have sub-priorities: appropriate business, commercial, and city center zoned sites; and appropriate public rights-of-way. For example, under the appropriate public rights-of-�vay, the sub- prioritization is a preferred order of street classitications (first principal arterial, then minor arterial, then principal collector). Staff has concluded that the tive main prioritized locations serve as adequate measures to ensure that PWSFs are located appropriately_ Commissioner O'Neil asked how many PWSF applications has the city received. Mr. Lee replied that since incotporation, the city has received 48 apptications. O f those, 45 have been erected and 3 were approved, but the applicants did not build them. Commissioner O'Neil asked if the proposed amendments were mode(ed after other city's regulations. Ms. Clark responded that when the regulations were first developed in 1997, the consultant did research regulations from other cities. Staff felt that since the current proposed amendments mainly streamline and simplify the process, it was not necessary to research regulations from other cities. Commissioner Long asked if the city has regulations specifying how many antennas may be placed on a site. Mr. Lee replied that the city leaves that to the applicant to decide. Commissioner Long stated that the current code requires that within six months the appiicant shall submit a project implementarion report that provides cumulative field measurements of radio frequency (EMF) power densities of all antennas on their site. How many applicants have submitted this report? He is concerned because of studies done in Europe that show higher levels of cancer in areas near cell towers. Mr. Lee replied that few reports have been submitted Any appiicant must first obtain approval from the FCC to site a tower. The city cannot deny an applicant as long as they meet normal standards- In regards to Commissioner Long's concern about cancer, staff researched the issue and has found that a person must be standing directly in front of an antenna to be effected. The research also stated that antennas are generally located higher then where people are likely to be and are directed away from taller buildings Staff has included a Brief Technical Suminary on PWSFs with the staff report to address safety concerns related to EMFs and radio frequencies. Commissioner Long asked if the city has design standards for cell towers. Mr. Lee replied that the city requests the applicant to design the tower to blend into the existing environment as much as possble_ The city wants to achieve aesthetic harmony with the existing environment. Chair Pfeifer commented that it would have been helpful to have pictures of cell towers. He asked where setbacks are addressed Mr. Lee replied they are addressed in 19255.020(5)(b), top of page 7 of Exhibit A Second Version. Commissioner Bronson moved (and it was secondec� to forward the proposed amendments (Exhibit A, Second Version) to the City Council for approval. The motion carried unanimously. The public hearing was closed ADDITIONAL BUSINESS None PA�E ._3,���_�._._ AUDIENCE CONIIVIENT None ADJOURN The meeting was adjourned at 7:30 p.m K:�e��c����m..�oov�Mrec�gs�ffiy iao�-o9.a�� ORDINANCE NO. AN ORDINANCE of the City of Federal Wa�, Washington, relating to Personal Wireless Service Facilities: amending FWRC 19.255.010, 19.255.020, 19.255.040,. 19.255.050, 19.255.080, and 19.255.100; repealing FWRC 19.255.070, and 19.255.090; amending F�'VRC 19.195.190, 19.200.190, 19.205.200, 19.210.050, 19.215.100, 19.220.120, 19.255.120, 19.230.140, 19.235.100, and 19.240.140; and repeating FWRC 19.245.010 (Amending Ordinance Nos. 97-300, 00-363, 01-399, 06-515; 07-559, and 08-585). 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 federai 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, it is in the public interest for the City Council to adopt new amendments for the FWRC which establishes development regulations for Personal Wireless Service Facilities (PWSF) within the City of FederaI Way; and WHEREAS, the existing PWSF ordinance has been found to be inefficient; and WHEREAS, the existing PWSF ordinance does not meet the needs of current technology; and WHEREAS, the existing PWSF ordinance does not support strong visual aesthetic values; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on September 12, 2009, and no comments or appeals were received and the DNS was finalized on October 12, 2009; and WHEREAS, the Planning Commission properly conducted a duly noticed public llearing on these code amendments on October 7, 2009, and forwarded a recommendation of approval to the City Council; and O� No.09- Page 1 of 25 WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on October 19, 2009, and recommended adoption of the text amendments as recommended by the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the city and will benefit the city as a whole by providing the opportunity for a stronger communications network within the city and aesthetically pleasing PWSFs. (b} 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. (c) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (d) These code amendments have followed the proper procedure reyuired under the FWRC. Section 2. Conc(usions. Pursuant to chapter 19.80 FWRC and chapter 1935 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 amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG1 Improve the appearance and function of the built environment. LUP1 Use residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. Ordinance No.09- Page 2 of 25 LUG2 Develop an efficient and timely development review process based on public/private partnerships. LUP4 Maximize efficiency of the development review process. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. PUG1 Work with private utility companies to allow them to provide full and timely service that meets the needs of the City's residents and businesses, both present and future. PUG2 Work with private utility companies to allow them to provide service in a way that balances cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health. PUG3 Process pernuts for private utility facilities in an efficient and timely manner, in accordance with franchise agreements, development regulations, the FWCP, and adopted codes. (b) The proposed amendments bear a substantial relat'ionship to the public health, safety, and welfare because they provide for a more streamlined permit processing, which in turn ultimately translates into a more reliable communications network. Additionally, the amendments afford the city more flexibility to offer a communications solution following a disaster or accident. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they would provide the opportunity for a stronger communications network within the city and aesthetically pleasing PWSFs. Section 3. FWRC 19.255A10 is hereby amended to read as fallows: 19.255.010 Personal wireless service facilities (PWSF). (1) Pcrrpose. This section addresses the issues of location and appearance associated with personal wireless service facilities. Ii provides adequate siting opportunities through a wide range of locations and options which minimize safety hazards and visual impacts sometimes associated with wireless communications technology_ T'�° F '-..:'a;�^� O� No.09- Page 3 0/�25 (2) Deftnitions_ Any words, ierms or phrases used in this section which are not otherwise defined shall have the meanings set forth in Chapter 19.05 FWRC. (3) EYemptions. The following antennas and facilities are exempt from the provisions of this section and shall be permitted in all zones consistent with applicable development standards as outlined in the use zone charts, FWRC Title 19, Division Vl, Zoning Regulations. (a) Wireless communication facilities used by federal, state, or local public agencies for temporary emergency communications in the event of a disaster, emergency preparedness, and public hea(th or safety purposes. (b) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC; provided such equipment complies with all applicable provisions of FWRC 19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110_070, Rooftop appurtenances. (c) Citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio operators; provided such antennas comply with all applicable provisions of FWRC 19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances. (d) Satetlite dish antennas less than two meters in diameter, including direct-to-home satellite services, when used as a secondary use of the property; provided such antennas comply with all applicable provisions of FWRC 19.110.050, Compliance generally, 19.110.Ob0, Exceptions, and 19_110.070, Rooftop appurtenances. (e) Automated meter reading (AMR) facilities for the purpose of collecting utility meter data for use in the sale of utility services, except for whip or other antennas greater than two feet in length; provided the AMR facilities are within the scope of activities permitted under a valid franchise agreement between the utility service provider and the city. fl Routine maintenance or repair of a wireless communication facility and related equipment excluding structural work or changes in height, dimensions, or visual impacts of the antenna, tower, or buildings; provided, that compliance with the standards of this title is maintained. Equipment cabinet additions or upgrades within existin� equipment enclosures or buildin�s so long as there is no material area expansion of the equiprnent enclosure or buildinQ, or chan�e to the approved architectural design of the existing equipment enclosure or buildin�. (4) Prioritized locations. The following sites shall be the reyuired order of locations for proposed PWSFs, including antenna and equipment sheiters. In proposing a PWSF in a particular location, the applicant shall analyze the feasibility of locating the proposed PWSF in each of the higher priority locations and document, to the city's satisfaction, why locating the PWSF in each higher priority location and/or zone is not being proposed. In order of preference, the prioritized locations for PWSFs are as follows: (a) Structc�res locatecl in the BPA trail. A PWSF inay be located on any existing support structure currently located in the easement upon which are located U.S. Department of Energy/ Bonneville Power Administration ("BPA") Power Lines regardless of underlying zoning. (b) Existing broadcast, relay and trnnsnzission towers. A PWSF inay be }ocated on an existing site or tower where a legal wireless telecommunication facility is currently located regardless of underlying zoning. If an existing site or tower is located within a one mile radius of a proposed PWSF location, the applicant shall document why collocation on the existing site or tower is not being proposed, regardless of whether the existing site or tower is located within the jurisdiction of the city. (c) �tib�i���f Institutional structures. If the city institutional uses or other public a�ency consents to such location, a PWSF inay be located on existing structures �°�'.�-an such as water towers, utility structures, fire stations, bridges, churches, schools and other public buildings within all zoning districts, provided the public facilities are not located within public rights-of-way. (d) Appropi�iate __._a _°a zoning districts. A PWSF may be located on private buildings or structures within J Ordinance No.09- Page 4 of 25 ���:�R �';°*r;^*� non-residential zoninQ districts as allowed by the zonin� chart. T�T.�a a F a• c ,..i.:� ,.,,.o,.,,n. ,.�..:.o.. �i,....�• r,.,..,..o�,.:.,� �.,+o,..,.-;�a (`D 1 (`.,.....,.-.,*o D.,.-lr (1D vrzmvu !":r., f'o..to.- ('..ro EE-�—��t�-Eea�ef-F�e �n.r., Ee��-B�rs��ess (e) Appropriate public rights-%way. For the purposes of this section, appropriate pubiic rights-of-way shall be defined as including those public rights-of-way with functional street classifications of principal arterial, minor arterial, and principal collector. A PWSF inay be located on existing structures in appropriate public rights-of-way. Structures proposed for location of PWSFs shall be separated by at least 330 linear feet. Location of a PWSF on an existing structure in an appropriate public right-of-way shall require a right-of-way permit in addition to the required use process approval. €s�le�� Dw.,,.:...,i n..�ori.,� �it3e' r� mcir�ri Ef9f If the PWSF is proposed to be located in an appropriate public right-of-way and the surrounding uses or zoning are not the same, that portion of the right-of-way with the most intensive use and/or zoning shall be the preferred location. If the PWSF is proposed to be located in an appropriate public right-of-way and surrounding uses or zoning are the same, the preferred location shall be that portion of the right-of-way with the least adverse visual impacts. (t} If the applicant demonstrates to the city's satisfaction that it is not technically possible to site in a prioritized location, the city reserves the right to approve alternative site locations if a denial would be in violation of the 1996 Telecommunications Act, as determined by the city. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 01-399, 3. 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-966.) Section 4. FWRC 19.255A20 is hereby amended to read as follows. 19.255.020 Development standards. The following development standards shall be followed in the design, siting, and construction of a personal wireless service facility: (1) Building- or structure-mounted PWSFs on existinQ bui/clin�s or structures in or out ofthe public ri�ht_of-wav. PWSFs mounted on existing buildings and structures ��''���•°a �h�` shall conform to the following development standards: (a) The PWSF shall consist only of the following types of facilities: (i) A microcel! or a minor facility; or (ii) A PWSF that exceeds the minor facility thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the director of community development services, subject to meeting all of the following standards: (A) The facility shall not create substantiaily more adverse visual impact than a minor facility; and {B) The equipment cabinet for the PWSF shall meet all requirements of subsection {33 of this section; and O� dinance No.09- Page S of 15 (C) The maximum size of the PWSF panels and number of antennas shall be determined by the director of community development services, based on the specific project location, surrounding envirorunent, and potential visual impacts; and (D) The PWSF shall comply with all other applicable standards of the Federal Way Revised Code. (b) The combined antennas and supporting structure may extend up to, but not exceed, 15 feet above the existing or proposed roof or other structure regardless of whether the existing struciure is in conformance with the existing maximum height of the underlying zone as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. Antennas may be mounted to rooftop appurtenances, as identified in 19:110.070 provided they do not extend beyond 15 feet above the �ee€ maximum height of the structure as defined eer FWRC 19.05.080 H definitions. (c) For PWSF's located in the right-of-wav the combined antennas may extend up to the minimum necessarv height to meet safetv clearances required b ty he operator of the existing structure, but not exceed 15 feet above the existing structure, plus the height of the proposed antennas as specified in subsection I)(e) of this section. The maximum allowable height of the new structure with the PWSF antennas shall be determined bv the director of community development services, depending upon the antenna type, design location on the structure and the proposed method of attaclunent. An existing structure can be increased in hei�ht only once �er a 12-month period. Any structure, whether a new or replacement structure, located in a public right-of-way must be similar in terms of size (except height), shape, color, material and location to the existing and surrounding structures, as determined bv the director of communitv development services_ The antenna extension may be permitted re�ardless of whether the existing structure is in conformance with the maximum height of the underlving zone as outlined in the use zone charts, FWRC Title 19, Division VI, Zonin� Re�ulations. �The antennas are mounted on the building or structure such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment pursuant to subsection f4} of this section. Panel and parabolic antennas shalt be screened from residential views and public rights- of-way unless meeting the provision of FWRC 19.1 10.070(2)(b}. (e) It is the applicant's responsibility to prove that the maximum size of the PWSF panels and number of antennas is the minimum size necessary. The maximum size of antennas to be (ocated on existing st� in a public right-of-wav shall be two feet in diameter for parabolic antennas, eight feet in hei�ht for panel antennas, and 15 feet in hei�ht for whip antennas. .�.Y, .�,o f �i�..,;..,. ,,o„e�,,.,,�,o.,. �t.,..a., -rwo Dl7�/CG ��,��t „�i., „f tt,o *.,.,o� ,,:i;.;o�• �u� n ,.on c�,.;t;..,• �i�xeF-fac-�-��t� ici .,,.a „f.ti;� �o,..:,,�. .,,,a ��"F�� t�a*irt�arr3 �z� n�x�e�� i a �.o,. c- .o.,...,� i,.,i� �.o r-. �s--�=�.���n��� �,a�z-� Or-dinance No.09- Page 6 of 2S oo.,:�oa r,.ao �z��. �ccrroir: ,...+o.J L.., lo.,..a 2Zl1 1;..e.,.. 4vo* fe} f� Required setbacks shall not pertain to PWSFs within public rights-of-way e� Within residentia( zones, eyuipment enclosures, and buildings to house equipment cabinets located above ground on properties adjacent to the public right-of-way shal} meet all applicable setback requirements for residential development of the underlying zone. For developed sites in nonresidential zones, the seiback requirements for the equipment enclosure shaIl be those of the principal use of the subject property_ For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards. New freestanding PWSFs. All requirements of the associated land use zoning charts must be met: Additionallv, �these structures shal] conform to the following site development standards: (a) Placement of a freestanding PWSF shall be denied if placement of the antennas on an existing structure can meet the applicant's technical and network location requirements. (b) Monopoles shall be the only freestanding structures allowed in the city; except that a lattice tower may be used to accommodate the collocation of four or more providers as part of a joint permit application. (c) In no case shall a freestanding PWSF be located closer than 500 feet to an existing freestanding PWSF whether it is owned or utilized by the applicant or another provider_ (d) A freestanding PWSF, including the support structure and associated electronic equipment, shall comply with all required setbacks of the zoning district in which it is Cocated. For developed sites, the setback requirements shall be those of the principal use of the subject property. For undeveloped sites, the setback requirements for new freestanding PWSFs shall be 20 feet for front, side, and rear yards. (e) Freestanding PWSFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to: (i) Use existing site features to screen as much of the total PWSF as possible from prevaient views; and/or (ii) Use existing site features as a background so that the total PWSF blends into the background with increased distances. Ordinance No.09- Page 7 of 25 fl ln reviewing the proposed placement of a facility on the site and any associated landscaping, the city may condition the application to supplement existing trees and mature vegetation-to more effectively screen the facility. (g) Support structures, antennas, and any associated hardware shal] be camouflaged to blend in harmoniouslv within the existin� site throu�h the use of faux-structural desi�ns or when not technologicall�or aestheticall�feasible, painted in a non-reflective Ee�e�-e� color scheme appropnate to the background against which the PWSF would be viewed from a majority of points within its viewshed. The proposed color or color scheme shall be approved by the hearing examiner or director of community development �te� services. Screening standards for all PWSFs. PWSFs shall be screened or camouflaged through employing the best available technotogy and design, as determined by the city: This may be accomplished by use of compatible materials, location, landscaping, color, stealth techniques such as, but not Iimited to, artificial trees and hollow flag poles, and/or other methods or techniques to achieve minimum visibility of the facility as viewed from public streets or residential properties. In addition, the provisions for landscaping as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations, shall apply. Standards_for electronics e�u�pn�e�es�s= cabinets. (a) Electronic cabinets shall either: �..,�i �.o.,i.,,.aa „n,��,� ti �-ge placed in a� a new or existing completely -.�-r------- enclosed building It is the applicant's responsibility to prove that the maximum size of the buildinQ is the minimum size necessary to house the equipment, or; ii Y y ''Be placed above ground in a new Ea�� a h•��'a��^ or existing eyuipment enclosure. It is the applicant's responsibilitv to prove that the maximum size of the enclosure is the minimum size necessarv to house the equipment. (b) �ev�-g�e�d Equipment enclosures shall be screened with one or a corr►bination of the following methods, which shall be acceptable to the city: fencing, walls, landscaping, structures, buildings or topography which will .block the view of the equipment enclosure to the greatest extent possible from any street and/or adjacent properties, as deternuned by the director of community development services. Screening may be located anywhere between the enclosure and the above- mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition, pursuant to FWRC 19.125.090(2) a' a'"''''° If the equipment cabinet is located within a new enclosed building, the building shall conform to all applicable development standards and design guidetines for the Ordinance No.09- Page 8 oj25 underlying zone. The E�� enclosed building shall be architecturally designed and shall be compatible with existing buildings on the site. The ee�} enclosed building shall be screened to the greatest extent possible from any street and/or adjacent properties by landscaping and/or topography. (-6-} ��fttierta� S�tanclards for equipment enclosures: fe� �s--�el�e� `'�ee�e��eq�:7�epe�e���--�tet� r +tie ...,t,t:,. ...,.w. �t nn „t'.�.o .�t: ,.t�. ,.F, i. i t a t� •ia• �.i.. E,�.v,..^, irg: e .��'wr ;"4 roi i..., ,..b i�Iilv��'lil�� ••r f:�,. e��..,.1� e Cal. ,70�1. J ----w`r` o., w� (a) Electronic equipment enclosures shall not be allowed within the right-of-wax In residential zones, equipment enclosures tocated above ground on properties adjacent to the public right-of-way shall meet all applicable setback requirements for residential devetopment of the underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards. However, for undeveloped sites in nonresidential zones, if the appticant can demonstrate that the equipment enclosure can blend in harmoniously with the existing site and complement the landsca�e buffer requirements of the underlying zone as determined ap�ropriate by the director of communitv development services the equipment enclosure can be located inside of the 20 foot setback but outside of the required landscaping buffer of the underlying zone. Equipment enclosures shall be designed, located, and screened to minimize adverse visual impacts from the public right-of-way and adjacent properties. Equipment enclosures shall be designed, located, and screened to minimize adverse visual and functional impacts on the pedestrian environment. Equipment enclosures and screening shall not adversely impact vehicular sight distance. Security fencing. Ordinance No.09- Page 9 o/�2S (a) No fence shall exceed six feet in height as stipulated in FWRC 19.125.160(5). (b) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials. (c) Chain-link fences shall be painted or coated with a nonreflective color. Cumulative effects. The city shall consider the cumulative visual effects of PWSFs mounted on existing structures and/or located on a given permitted site in determining whether additional permits may be granted so as to not adversely effect the visual character of the city. Signage. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind, except for small signs used for identification, hazard warninQ, and name of provider. (-�8) Use zone charts, height and permit process. (a) The final approval authority for applications made under this section shall be defined by the appropriate permit process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. (b) Allowed heights shall be established relative to appropriate process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 01-399, 3, 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-967.) Section 5. FWRC 19.255.440 is hereby amended to read as folIows: 19.255.040 Temporary personal wireless service facilities. As deternuned by the director of community development services, a temporary personal wireless service facility, or cell-on-wheels, may be deployed and operated as follows: (1) For a period of 90 days during the construction of a freestanding PWSF which has been approved through the appropriate permit process; provided, that the temporary personal wireless service facility or ce(1-on-wheels creates no more adverse impacts than the PWSF which was approved through the appropriate permit process. Only one temporary personal wireless service facility or cell-on-wheels shall be permitted for a single site. (2) For a period of �8-�y�s time determined to be appropriate bv the director of community development services, during an emergency declared by the city, state, or federal government that has caused a freestanding PWSF which has been approved through the appropriate permit process to become involuntarily non-operational; provided, that the temporary personal wireless service facility or cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the appropriate permit process. (3) Prior to installation of the temporary PWSF, the applicant shall provide the city with a cash bond in an amount to be deternuned by the director of community development services in order to guarantee performance of future removal and restoration of the site. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 00-3b3, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-969.) Section 6. FWRC 19.255.050 is hereby amended to read as follows: 19.255.050 Application reqairements. (1) Except for temporary personal wireless facilities, permit applications made under this section shall include the following minimum information in addition to that required for the underlying pernut review process: (a) A diagram or map showing the primary viewshed of the proposed facility. (b) Photosimulations of the proposed facility from affected properties and public rights-of- way at varying distances. These photo simulations should include examples of camoufla�e and stealth ins[allation options. Ordinance No.09- Page 10 oj25 (c) Architecturat elevations of proposed facility and site. (d) A coverage chart of the proposed PWSF at the requested height and an explanation of the need for that facility at that height and in that location. ,.ai,..- �.o;..,. ea (e) An inventory of other PWSF sites operated by the applicant or other providers within a one-mile radius of the proposed PWSF location, ..,7 ,7e..;,... ..Co..,.L. F ,.:t:r., (f� A site/landscaping plan showing the specific placement of the PWSF on the site; showing the location of existing structures, trees, and other significant site features; and indicating type and locations of plant materials used to screen PWSF components. (g) If the PWSF electronic equipment cabinet is proposed to be located above ground, an explanation of why it is impracticable to locate the cabinet underground. Documentation of efforts to collocate on existing facitities. The city may require the applicant, at the applicant's expense, to provide any additional information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to implement this chapter and to require that such information, studies, mapping, materials, inspections, and reviews be reviewed by a qualified professional under contract to the city, also at the applicant's expense. (2) Permit applications for temporary personal wireless service facilities shall include the following minimum information: (a) Documentation of previously pernvtted facility. (b} Site plan showing proposed location of temporary facility in relationship to the location of the previously permitted facility and property boundaries, including dimensions from the property lines and height of proposed facility. (c) Photographs of the proposed facility. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 01-399, 3, 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-970.) Section 7. FWRC 19.255.080 is hereby amended to read as follows: °.''�w 19.255.070 Removal of facility. (1) Abandonment and remonal. The owner or operator of a PWSF shall provide the city with a copy of the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC. Additionally, the owner or operator of a PWSF shall notify the city in writing of the abandonment of a particular facility within 30 days of the date the PWSF is abandoned. �1'he abandoned PWSF shall be removed by the facility owner within 90 days of the date the PWSF is abandoned, the permit is revoked, or if the facility falls into disrepair and is not maintained, as determined by the city. Disrepair includes structural features, paint, landscaping, or general tack of maintenance which could result in adverse safety or visual impacts. If there are two or more users of a single tower, then the city's right to remove the tower shall not become effective until all users abandon the tower. Ordinance No.09- Page I 1 of 2S (2) Partial abandonment anc� removal. lf the abandoned antennas on any PWSF are removed or relocated to a point where the top 20 percent or more of the height of the supporting structure is no longer in use, the PWSF shall be considered partially abandoned. The owner or operator of any partially abandoned PWSF shall notify the city in writing of the partial abandonment of a pariicular facility within 30 days of the date the PWSF is partialty abandoned. The owner of the PWSF shall have 120 days from the date of partial abandonment to collocate another service on the PWSF. If another service provider is not added to the PWSF within the allowed 120-day collocation period, the owner shall in 210 days of partial abandonment, dismantle and remove that portion of the supporting structure which exceeds the point at which the highest operational antenna is mounted. (3) Removal and lien. If the provider fails to remove the abandoned or partially abandoned facility upon 210 days of its abandonment or partial abandonment, the responsibility for removal falls upon the property owner on which the abandoned or partially abandoned facility is located. The city may enforce this subsection using the procedures as set forth in FWRC I.15A10. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-973.) Section 8. FWRC 19.255.100 is hereby amended to read as foltows: °.''�w 19.255.80 Revoc�Non of permit. A petmit issued under this chapter may be revoked, suspended or denied for any one or more of the following reasons: (1) Failure to comply with any federal, state or local laws or regulations; (2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of a permit; (3) When the permit was procured by fraud, false representation, or omission of material facts; (4) Failure to cooperate with other PWSF providers in collocation efforts as required by this chapter; (5) Failure to comply with federal standards for EMF emissions; and (6) Failure to remedy localized interference with the reception of area television or radio broadcasts or the functioning of other etectronic devices. (7) Pursuant to FWRC 19.05.300(3), the city, as the applicant, shall use the same process to deternune if the pernut shall be revoked as it used to grant the permit. (Ord. No. 08-585, 3(Exh. A), i 1-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-975.) Section 9. FWRC 19.255.070 is hereby repealed as follows: �n �cc n-rn ��,r� �t....a....a� .,.,a :...o..r 4' .1 1 r .i iFtil, 'r L.� +4, rl, 4' '1'r t, ll ho 0 rc........ ------v Ordinance No.09- Page 12 of 25 Section 10. FWRC 19.255.090 is hereby repealed as follows: s s n �a Ordinance No.09- Page 13 of 25 Section 11. FWRC 19.195.190 is hereby amended to read as follows: 19.195.190 Personal wireless service facility. The followin uses shall be ermitted in the suburban estate (SE) zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS Minimums Re uired Yarcis ZONE z SE F, v USE Q E A s 'K �n v a v SPECIAL REGULATIONS AND NOTES N w c :Y y .G y I' O p p C yy cL C� J u. v� CG 2 .J iA G: a Peisonal Ser-rj�ke See See See See Refer to See Not N/A I. Not applicable. PWSFs allowed on existin� st�vctures only. wireless note I note note note FWRC note allowe setvice n�cess I I I I 9.255.02 3� d on a faciliry 0 for PWSF (PWSF) maxi- mum �cx Sec note 4 heights 3 tbr f'or allowed allowed �.e:,.�.. ..........,a ....a.... c�uo� ia�czn�n��v�� types of types of PWSFs PWSFs See-+x�e _i..,. �.,:,.w R..,...va ....ae.. c�uor_� �2cs_a�ni�v�.� T 3- 2. All PWSFs shall be landscaped and screened in accordance with Chapter 19.125 FWRC and the provisions of the PW5F development regulations. At a minimum, a five ft. rype Ill landscaping area shall he required around the faciliry, unless the community development services director detennines that the facility is adequately screened. 4. 3. New ti•eestanding PWSFs ai�e not allowed. PWSFs shall be allowed only on existing toweis, on publicly used shvctures not located in public iights-of-way, on existing suuctures located in die BPA n�ail, and on existing sdvctures in appropiiate public iights-of'•way. Refer to FWRC 19.255.020 for development standards applicable to alloweci rypes of' PWSFs. Process I, II, III and tV are desaibed in For other infonnation about parking and parking areas, see Chapter 19,130 FWRC. Chapter 19.55 FWRC, Chapter 19.6(3 FWRC, For details of' what may exceed this height limit, see FWRC 19.1 10.050 et seq. Chapter 19.65 FWRC, For details regarding required yards, see FWRC 19.125.160 et seq. Ordinnnce Nn.09- Pa�e l4 25 Section 12. FWRC 19.200.190 is hereby amended to read as follows: 19.200.190 Personal wireless service facilitv. The followin uses sllall be ermitted in the sin le-famil residential (RS) zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to tind use THEN, aa�oss for REGULATIONS Minimums R uired Yai�ls ZONE z O y RS Use Q o E n, a w v,� N v s N y SPECIAL REGULATIONS AND NOTES c� N o .w u a u. v� a x� �n' a Petsonal S�ee-�c+Ee See See See See Refer to See Not N/A I. Not appiicable. PWSFs nllowed on existing structures only. wireless note I note note note FWRC note allowed e�e�-�F-He�lew� service Proeess t 1 I 19.255.02 3 on a 1'�ciliry 11 0 for PWSF (PWSF) inaxi- mum N��e+ See note 4 heights 3 for for allowed allowed types of rypes of PWSFs PWSFs S ee-HCxe t�p 3- 2. All PWSFs shall be landscaped and screened in accorclance with Chapter 19.125 FWRC and the �rovisions of the PWSF development regulations. At a minimum, a tive ft. rype III landscaping area shall bc reyuired around thc f'aciliry, unless the communiry developmcnt services direetor detennines that the facility is adequately sa•eened. 3 New ti•eestanding PWSFs are not allowed. PWSFs tih�il he allowed only cm existing toweis, on publicly used stiuctures not located in public rights-oP-way, on existing sUVCtures located in the BPA trail, nnd on exisiing sUUCtures in appropiiatc public rights-af=way. Ref'cr to FWRC 19.255.020or devel< standards applicahle to nllowed types oF PWSPs. Process t, II, Ill and IV are descitibed in For other infoimation about parking aiid parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, C'hapter 19.60 fWRC. 1=ur details of whal may exceed this lieight limit, see FWRC 19.1 10.050 et seq. Cfiapter 19.G5 FWRC. 'r'<�r details regarding required yards, see FWRC 19.125.160 et sey. Chapter 19.70 FWRC respectively. Oi•drr�nnce No,09- Pa,Ke lS c�J'25 Section 13. FWRC 19.205.200 is hereby amended to read as follows: 19.205.200 Personal wireless service facility. The followin uses shall be ermitted in the inultifamil residential (RM) zone sub'ect to the re lations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to tind usa THEN, across tbr REGULATIONS Minimums z Re uired Yards a ZONE s RM u,� o o F a v v� SPECIAL REGULATIONS AND NOTES y t m N C 3 N C L A ,�D C Q. Y O 'O o0 N O N C7 �p 6! Q�.. 1� _1 Li V7 S fA 2� C Peisonal See-rjaEe See See Sec See Refer to See Not N/A I. Not applicable. PWSFs allowed cm existing suuctures only. wireless note I note note note FWRC note 3 allowe se�vice P• IOCI'SS I I I 19.255.02 2 d on a facility il 0 for PWSP (PWSF) maxi- mum See note 4 heights 3 f'or for allowed allowed rypes of rypes of PWSFs PWSFs See-r�Ee �t�r e..:...:..,. �.._...,....e ..t........., �,.,:,.i.. ,..�....,,a ....a.,.. rwor �o �cc n�ni�v�.� 2. Alt PWSFs shall be landscaped and screened in acco��lance with Chapter 19.125 FWRC nnd the provisions of the PWSF development regulations. At a minimum, a tive tt. rype [Il landscaping area shall be required around the ti�ciliry, uniess the community development services director detennines that the facility is adequately screened. 4. 3. New fl•eestanding PWSFs are not allowed. PWSFs shall be allowed only rni existing towers, on publicly usad snactures not locuted in public �ights-of-way, on existing sttuctures located in lhe BPA trail, and on existing structw•es in appropriate public rights-of-way. Refer to FWRC 19.255.020 for development standards applicable to allowed rypes of PWSFs, Process I, 11, III and IV are d�scribed in For other infonnation ahout parking and parking areas, see Chapter 19.130 FWRC. 22-351 22-356. 22-3(iI 22-370 For details of what may nxceed this height limit, see FWRC 19.I 10.050 et seq. 22-3R6 22-41 I, For details regarding required yards, see FWRC 19,125,160 c;t seq. 22-431 22-460, res ectivel Ordinance No.09- Pnge !6 �/?S Section 14. FWRC 19.210.050 is hereby amended to read as follows; 19.210.050 Personal wireless service facility. The followin uses shall be ermitted in the rofessional office PO zone sub'ect to the re lations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to tind use THEN, across tbr REGULATIUNS Minimwns Re uired Yai�ls ZONE z P� N Use o E A X v� s N v SPECIAL REGULATIONS AND NOTES .v m b Y Q> 0 •C R G Uj u u. �n S ,.�a �n a a Peisonal See�+xate See See See See Refer to See Not N/A l. Not applicabie. PWSFs allowed on existing shuctures only. wircless nc�te I note note note FWRC note allowe service Proces I I I 19.255.02 3 d on a Faciliry II 0 for 2 PWSF maxi- See note 4 mum t��ae�a�er• for heights allowed for rypes of' allowed PWSFs rypcs of PWSFs Se�e-flete EHe-e.k+z�eEar•�e+ 3- 2. All PWSFs shall be landsc�ped and screenecl in �ccordance with Chapter 19.125 fWRC and the prrnisions of the PWSF development regulations. At a minimum, a tive ft. rype Ill landscaping area shall be required around the facility, unless the conununity development seivices director detei7nines that the faciliry is adeyuatety .r•a�eened. 4 3. New freestanding PWSFs are not allowed. PWSFs shall he allowed only on existing toweis, on krivate buildii�s and stivctures, on publicly used snvctures not located in public iights-ot=way, on existing snvctures located in the BPA uail, and on existing suuctures in appmptiate public �ights-ot=way, Refer to FWR� 19.255.020 f'or development standards applicahle to allowed types ot' PWSFs. Pmcess I, 11, IIl and IV are described in For other infonnation about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19b0 FWRC, For details of what tnay exceed this height limit, see FWRC 19.1 10.050 et seq. Chapter 19.65 FWRC, For details regarding reyuired yards, see FWRC 19.125.1(�0 et seq Clia tcr 19.7U FWRC res ectivel Or�lrnnncc No.09- Pn�e 7 0/75 Section 15. FWRC 19.215.100 is hereby amended to read as follows: 19.215.100 Personal wireless service facility. The followin uses shall be ertnitted in the nei hborhood business BN) zone sub'ect to the re =ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to tind use THEN, across fi�r REGULATIONS Minimums z Q Re uired Yards ZONE BN N Use A O�C o E c a m SPECIAL REGULATIONS AND NOTES +r N V V y ,C rn y C Q'� N C y A .W1 C C a. O �p Op u a�'' ci. cn S in a Per�onal See-t� See See See See Refer to See Not N/A I. Not applicable. PWSFs allowed on cxisting shuctures only. wireless note I note note note FWRC note allowe service Process I I I 19.255.02 3 d on a faciliry �i Q for 2 PWSF (PWSF) maxi- mum st+aeta+�e; e+ See note 4 heights �for for allowed allowed rypes c�f' rypes of PWSFs PWSFs Se�e-�te �He-st+aeECrr•c;�r �F.,,,......e. ..i.... we:..w� .ea ..,ae.. c�aior i o �cc mn��v�.� 3� All PWSFs shall be landscaped and screened in accordance widt Chapter 19.125 FWRC and the provisions of the PWSF development regulations. At a minimum, a five ft, type 111 landscaping area shall he required around the faciliry, unless the comrouniry development seivices director detennines that the f'acility is adeyuately screened. 4� New freestanding PWSFs nre not allowed. PWSFs shnll be allowed only on existing towe�s, on nrivate buildii�s and sUvctures, on publicly u,r•ed ct�vctures not loc�led in public rights-of-way, oii existing spvctures located in the BPA h•ail, and on existing scivctures in appmpiiate public iights-of-way, Ref'er to FWRC 19.255.020 for devclopment standards npplicable to allowed types <�f PWSFs. Process I, li, III and iV are desciibed in For other infonnation alxwt parking and parking areas, sec Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, For details of whfu may exceed this height limit, see FWRC 19.1 10.050 et seq. Chapter 19.65 FWRC, Far details regarding required yai�ds, see FWRC 19,125.160 et seq, Ordinnnce Nn.�9- Pn�e /8 q/'25 Section 16. FWRC 19.220.120 is hereby amended to read as follows: 19.220.120 Personal wireless service facility. The following uses shall be permitted in the community business (BC) zone subject to the DIRECTION5: FIRST Minimums Re uired Yards z O y ti Use L 'e a G. �x 'g v� ..7 v y A td iO �N CU 3 N y U t a y c e c o �v w 11 c�' �n 2 'ri� a Peisonal See note Notte See See See Refer to See Not wireless 2 note note note FWRC note allowed setvice I I I 19.255.02 4 on a facility 0 for PWSF See nore 5 for allowed rypes of PWSFs Process I, It, III and lV are desciibed in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, tnum heights for allowed types of PWSFs See note 3 USE ZONE CHART down to find use THET ations ZONE BC notes set forth in this section: SPECIAL REGULATIONS AND NOTES q L For developed sites. ihe setback requirements shnll he those of the priucipal u�e of the suhject property. I"or unclevcloped sites. ihe netback requirements f'or new frees�anding PWSFs sh�ll he 20 fl. for fronL side. and rear yards, 2, Sub.jecl to meeting ail applicable development standards, the review process used shall he process L except f'or the following proposals: a. Process FR L for the f'oilowing proposals: (I) The PWSP is loc�ted withiu i00 ti, ofa residential zone: or (2) The PWSF is locared on a structure �hat is a residence or school or contains a residence or scl�ool: el�rr�re: or (3) The PWSF is a new freesfanding PWSFs; b. Process 1� Ilj if the PWSF is a lattice rower accommodating four or more proviAers. 3. Maximum allowed height for a new freestanding PWSF sh�ll be the minimum necessaiy m provide ihe service up �0 100 fi., plus any height Eranted under FWRC 19.110.060. A PWSF shall be allowed up to 120 fi. if'Ihere are two or more providers; except that a lattice tower ol'between 120 fl. ro I50 fi. will be allowed under a combined application of four or more providers. 4, All PWSF shall he laudscaped and screened in accordanca with C'haprer 19.125 FWRC and the provisimis of the PWSf devebpment regulations. At a minimum, a five ft. type IIl landscaping area shall be required around the f'aciliry, unless ihe cammuniry developmcnt services director detennines iha� ihe tacili�y is adequately screened. 5. New freestanding PWSFs are allowed suhject ro htight liiuits and collocation provisions. PWSFs are allowed on existing towers. on private buildiugs and structures, ou publicly used structures not loc�ted in public rights-of•way, on existing structures locared in the BPA trail. and on existing structures in appropriate public rights-of-way. Refer �o PW R(' 19.255.02Q tbr devclopment standards applicnble to allowed rypes of' PWSFs, For other intimnation about parking and parking areas, see Chapter 19.120 FW RC. Oi•dinnnce Na.09- For det�ils of what may exceed this height limit, see FWRC 19.1 10.050 et sey. Fur details regarding reyuired yards, sce FWRC 19.125.IG0 et sey. Pn��el9qf25 Section 17. FWRC 19.230.140 is hereby amended to read as follows: I9.225.120 Personal wireless service facility. The followine uses shall be nermitted in the citvi center core zonesubiecttothe USE ZONE CHART lown to tind use THEP wireless facility Z o F o d d N f%1 LL' See note Nonc 2 See note 5 tiir allowed rypes of PWSFs V O 'O A v ;e notes I and 4 s E 'n A V OD S �.�.1 Refer to See FWRC note 19.255A2 4 Ofor maxi- mum heights for allowed types of PWSFs See note 3 Process I. I1. III and IV �re Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chupter 19.65 FWRC, Chanter 19.70 FWRC resn� a Y fn CG 0�.. lations and notes set forth in this section: LA ZONE CC-C SPECIAL REGULATIONS AND NOTES Not N/A I. For allowed sethacks see FWRC 19 255.02p(SNbL a 2. Subject to meeting all applicable development standards. the review process used shall be process I, excep� for the followinp proposals; PWSF a. Process II if �the PWSF is a new treestanding PWSFs: b. Process i� IJI if �he PWSf is a IaUice tower nccommodating four or more prmiders. Maxitnum allowed height for a new freestanding PWSF shall be the minimum necess�ry to pmviAe the service up to 100 Fl., plus nny heighl granteA under FWRC 19.1 IO.Q60. A PWSF shall he allowed up to 120 Fl. if' Ihere Tre nvo or more providers: except th�t a lanice tower of betwccu 12p ft. ro I Sp will be allnwed under a comhined application of f�ur or more providers. 4. All PWSF shall be IanAscaped �nd screened in nccordance wilh Chapter 19.125 FWRC' and the provisions of the PWST development regulations. At a minimum, a five fl, type 111 landscaping are� shall be requireA around the faciliry, unless tlie comnwnity develnpment scrvices director determines diat the faciliry is adequately screened. 5. New freeEtanding PWSFs are allowed suhiect to height limits �nd collncation provisions. PWSFs are allowed on existing towers, on private builAings anA structures. on puhlicly used sauctures not loc�ted in puhlic righls-ol'-w;iy, on existing structures located in ihe BPA trail. and on existing +tructures in appropriate public righrc-o(-w2y. Retbr to FWRC 19.255.020 I'or development slanAards applicable to allowed types of PWSF,. For other infbnnation about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed diis height limit, see FWRC 19.1 10.050 et se,q, For details regarding required yards, see FWRC 91.125.160 et tic:q. Orrlrnance No.09- Pa�e l0 q/'25 Section 18. FWRC 19.230.140 is hereby amended to read as follows; Z 0 use a V wireless service facility See note 5 for aUawed types of PWSFs 19.230.140 Personal wiretess service facility. The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to tind usc THEN, across for REGULATIONS v 0 II a` a� y N d N N Q r u A O 'C y �e notes and 4 co E A u t y X c S ..�i a v L C in eG a` ZONE CC-F Refer to See FWRC note 19.255.02 4 0 for maxi- mum heights for allowed rypes of PWSFs SPECIAL REGULATIONS AND NOTES Not N/A I. For allowed setbacks see FWRC 19.255.020(51(b). on a 2. Sub,ject tn meeting ail applicable deveiopment standards, the review process used shall be process 1, excepl for the foliowin�; proposals: PWSF a. Process Ifl for the following proposals: f� The PWSF is a new treestauding PWSFs or; �2) If the PWSF is a lattice rower accommod�tine four or more �viders. Maximum allowed height for a new freestanding PWSF shall be the minimum necessary to provide the service up to 100 fl.. plus any heigld granted uuder FWRC 19.1 10.060. A PWSF shall be allowed up to 120 Fl, if there are two or more providers; except thnt a lattice rower of betwee+i 120 R. ro I50 fl. will be allowed under a combiued application of four or more providers. 4, All PWSF shall be landscaped aud screened in accord�nce with Chapter I9.125 FW RC and the provisious of ihe PWSP development regui�iions. At a minimum, a five H. type III landscaping are� shall be required around the f'aciliry. unless the communiry development services director detennines that ihe tacility is adequately screened. 5. New freestanding PWSFs are �Ilowed subjec t Io height limits and collocation provisions. PWSPs are allowed on existing towers. on priv;rie buildings �nd structurex, nn puhlicly used ,truciures nat loc;ited in public rights-ot=way, on existiug structures located in the BPA trniL and on existing structures in appropriate public rights-of-way. ReFer to FWRC I�.?55,020 fi�r Aevelopmeul standards applic�hle to allowed rypes of'PWSF'.. See note 3 Process I, II, III and IV m•e Chapter 19.55 FWRC, Chaptcr 19 60 FWRC, Chaptcr 1965 FWRC, For other infoimation about parking and parking areas, see Chapter 19.130 FWRC. For detuils of wliat may excecd this height limit, see FWRC 19. I 10.050 et sey, For detaiis regarding reyuired yards, see FWRC 19.125.160 et seq. Ordinance No.09- Pnge 2/ o/�?,S Section 20, FWRC 19.240.140 is hereby amended to read as follows: USE 19.240.140 Personal wireless service facilities. The followin� uses shall be permitted in the cotnmercial 7_ O Q y u .7 p a �3 d o� Minimums uired Yards zone subiect to the USE ZONE CHART DIRECTIONS: FIRST. read down ro tind use THEN. acrass for v N v N c v o �v .�.i u. rn 3 O E z Refer to FWRC 19.255.020 for maximum heights for allowed types oF PWSF's v Personal wireless I P+eee�� I None I See notes 1 and 4 service facility �Fi er•-f�V See note 5 for Sze noee 2 allowed types of' PWSF's See note 3 Process I, II. Iil and IV are described in Chapter 19.55 fWRC, Chapter 19.60 fWRC, Chapter 19.G5 FWRC. Chapter 19J0 FWRC respectively. Zone CE and notes set forth in this section: SPECIAL REGULATIONS AND NOTES N/A 1. For setbacks see FWRC 19Z55.020(5)(bl. 2. Subiect to meeting all applicable development standards, the review process shall be Process I, except for the following proposals: a. Pmcess for the f'ollowing proposals; (1)Tl�e PWSF is bcated within 300 feet of� residential zone, (2) The PWSF is located on a structure that is a residence or school or contains a residence or school. Nje�iwetere=r� (3) The PWSF is a new freestanJing PWSF; except as provided in iwte (2)(c). b. Process �K 1�� if the PWSF is a lattice tower accommod�ting four or more providers, or the PWSF is a new freestandindPWSF Maximum alloweA height f'or a new heestanding PWSF shall be ihe minimum necessary to provide the service up to IQO H., plus Tny height granted under FWRC 19.1 IOAGO. A PWSF shall be allowed up m 120 Fl. if there are twa or more providers: except that a I�nice tower nf between 120 tt. to I50 tt. will be allowed under a combined application of' four or more providers. 4. All PWSFs shall be landsaaped and screened in accordance wifh Chapter 19.125 FWRC and the provisions of the PWSP Aevebpment regulation.. At a minimum, a tive fl. Type 111 I2ndxcape nrea shnll he required around the faciliry, unless the community developmenl services Airector determines that the faciliry is adequately screened. 5. New freesinnding PWSFs are allowed suhject to height limits and collocation provisious. PWSFs ere allowed on existing towers, on private buildiugs and structures, on publicly used slructures nol IocatcA in public riglns-ot=way. on existing structures located in the [iPA trail, and on exi,ting structures in appropriare public rights-oFway. Ref'er to FWRC I9.255,02p For develop�rient standards applic�ble w alloweA iypes of PWSFs. For other infonnation about parking and parking are�s, see Chapter 19,130 FWRC, For details of what ntay exceed this height Iimit, sce FWRC 19.1 10.050 et sey For details regarding reyuired y�rds, see FWRC 19.125.160 et seq. Ordinancc No.09- Page 2 i nJ'25 Section 19. FWRC 19.235.100 is hereby amended to read as follows: 19.235.100 Personal wireless service facility. The followin uses shall be ermitted in the office ark OP—^D�—�4) zone sub'ect to the re lations and notes set forth in this section: USE ZONE CHART DIRECTIONS; FIRST, read down to tind use THEN, across tor REGULATIONS Minimums Re uired Yards ZONE z H e N OP nD i n F 3 vr Use a E �7 X p, N SPECIAL REGULATIONS AND NOTES N N Li7 7.n N C N C C �.1e O �p bq u 2�' ti. in 2 rn a Pe�sonal See None See See See Refer to See Not N/A I. For wireless note 2 note note note FWRC note allowed se�backc see fWRC 19.255.020[�)(b). SC�vicC I I I 19.255,02 4 on a 2. Suhject to meeting TII applicable devrlopment siTndnrds. the review process used shall be process L except for the (ollowing propos�lc: a. Process 1}1 for the following proposals: faCility 0 fol' PWSF The PWSF is Ioc;ateA witl�in 300 R. ofa residential zoue. maxi- ..__.....a $ee note 5 m�m (2) The PWSF is located ou a structure that is a residence or school or cnntaiiTS a residence or school. for allowed heigh[s types of for (3) Tlie PWSF is a uew heestanding PWSFs. PWSFs allowed b. Process iii 1 1 if ihe PWSF is a lattice tower accommodating fiwr or more providers, tyPes of PWSFs See note 3 s. Maximwn �Ilowed height For a new freestanding PN+SF shTll be ihe miuimunt necessary ic� provide ihe scrvice up to IOQ fl., plus any heighi granted under FWRC 121 IOA60. A PWSF siiall he allowed up to 120 fl. if'therc �rr t�vo or more providers; except that a lattice iower of betwecn 120 �l. to 150 fl. will be allowed under a comhined application of four or more providers. 4. All PWSP shall be landscaped and screened in accordance with ('hapter 19J 25 FWRC' and the provisions nf the PWSF developmem regulations. At n ntinimunL T tive fl. type III landscaping are� sh�ll be required around ihe tociliry. unless the conununily development services direcror determines that the facility is adeyu�tely screeneA. 5, New f'reestanAing PWSPs are �Ilowed suhject to height limits nnd collocalion provisions. PWSPs nre allowed on existinE towers. on private buildings and structures, on publicly used structures not located in public righis-of-w�y. on existing strucwres located in Ihe f3PA tr�iL and on existing swcmres in appropriate public rights-ot=w�y. Refer to FWRC 19.255.020 for developmrnt standarAs applicahle to allowed types of PWSFs. Process I, II, III and IV are described in For odier infoi7nation about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, For details of what may exceed diis height limit, see FWRC 19.1 10.050 et seq. Chapter 19.65 FWRC, For details regarding required yards, see FWRC 19.125,160 et seq. .I 9 4 W s •'v I O��dinnnce No.09- Pn�e 22 0(25 Section 21. FWRC 19.245.010 is hereby repealed as follows: r tet �n�rr ru n n�r oII��FTIEIAIS: �EI�ST, read �ew+i�Tii�d-�se T-F#E?1�,-D E6�lE.-1��A�4S A4ie+rNn+�s -�••et�s C R--� o.� a s�3 wus� �r»�-�+' Dl�� SCC"Hl)EC 3 o.....,,...,. n n ....a �v ....e a,..,.a�. _a c,...,..�....:,.�;......,.:,... .....a.:.... .,..a ..,..i �i......�. i n I ]!1 CU/D/" 1 S°^a�^�T*TG"a�tivr�'� rrtipccr�rc TrrcC' c1,...,..,.. cc curor� Ordinancc No.09- PnKe 24 0/'25 Section 22. Severabilitv. 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 23. 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 24. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 25. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law and be retroactive to all PWSF land use permits issued since the adoption of Ordinance No. 97-30Q. 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.: K:�2009 Code Amendments�PWSFILUTC\Draft Ordinance.doc Ordi��nnce No.09- Page 25 oJ25 COUNCIL MEETING DATE: N 4� ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Su�EC'r: 2009 HOUSEKEEPING BUDGET ADNSTMENT POLICY QUESTION Should the City approve the 2009 Housekeeping Budget Adjustment? COMMITTEE: Finance, Economic Development Regional Affairs Committee CATEGORY: Consent City Council Business STAFF REPORT BY: Th0 Ordinance Resolution Finance Director 'tK' MEETING DATE: October 27, 2009 Public Hearing Other DEPT: Finance Background: This is an ordinance for the 2009 Housekeeping Budget Adjustment. This budget adjustment is primarily to incorporate any items that have been approved by Council during the year and adjust those expenditures that are funded with matching revenues. Attachments: 2009 Housekeeping Budget Adjustment Summary, Ordinance, and E�ibits. Options Considered: l. Approve the 2009 Housekeeping Budget Adjustment Ordinance as presented and forward to the full Council on November 3, 2009 for first reading and November 17, 2009 for and adoption. 2. Deny approval of the 2009 Housekeeping Budget Adjustment Ordinance and provide direction to staff. STAFF RECOMMENDATION Staff recommends approval of CITY MANAGER APPROVAL: ,W'� Committee Council 1. APPROVAL: �v�-- Comm�ttee Council COMMITTEE RECOMMENDATION Forward approval of the 2009 Housekeeping Budget Adjustment Ordinance to the full council on November 17, 2009 for second reading and adoption. Mike Dini Duclos, Member ric Faison, Member PROPOSED COUNCIL MOTION "I move approval of the 2009 Housekeeping Budget Adjustment as presented. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BII.L I DENIED I reading 3'v' 1 TABLED/DEFERRED/NO AC1'ION Enactmeot reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED— 02l06/2006 RESOLUTION CITY OF FEDERAL WAY 2009/10 HOUSEKEEPING ADJUSTMENTS DRAFT Pro osed 2409 2010 General Fund: Citv-Wide /Non-Departmental Move General Fund Earmark for Future Pension Rate Increases from 2009 to 2010 (132,920) 132,920 Reallocate KFT Internal Services Charges to General Fund Departments Funded by Reallocation of KFT Utility Ta�c Contribution to General Fund 6 months in 2009 and Full Year in 2010 Ongoing 7,544 10,277 City Council: Accounting Change 2% Liquor Profits Excise Ta7c Requirement 2% towards Alcohol Drug Addiction Program Previously Accounted for in CD-HS Budget 21,440 22,100 Ci Mana� WA State Office of Public Defense (OPD) Grant for Public Defender Services Approved by Council3/17/09 20,000 Utility Tax Audit Fees Offset by Utility Ta�c Backpay in Utility Taac Fund 17,000 EECBG Recovery Grant for Energy Study Development Strategy 100,000 Medical Incubator Funded by Utilty Tax (Redirect $75K REET to Overlay to Free Up $75K Utility Tax) 75,000 Communitv Development Internal Service Charge Utililize Automation Fees to Purchase &Implement Permit Conditions Management System ($20K Capital, already budgeted) and Ongoing M&O ($3K) Funded by Automation Fees Approved by Council 5/26/09 3,000 Martin Luther King Event Funded by Contributions/Donations Collected Year-to-Date 789 Accounting Change 2% Liquor Profits Excise Tax Requirement 2% towards Alcohol Drug Addiction Program Account for in City Council Budget (21,440) (22,100) Municinal Court Interpreter Fees, 1-Time Funded by Admin Office of Courts, per Interagency Agreement Balance 14,531 Interpreter Fees, 1-Time Funded by Admin Office of Courts, per Interagency Agreement for 2009/10 18,570 Parks Recreation PK/MT Increase Celebration Park 1-Time Funded by Federal Way Soccer Association Donation 4,000 Reallocate 30% of Parks/PW Director to PW-Admin, Effective 8/1/09 (Decreases PK/Admin Budget, Increases GeneraUStreet Fund Subsidy by Same Amount) -$36K for partial year in 2009 &$87K full year 2010. Police WA Auto T'heft Prevention Authority Grant (WATPA) for Patrol Task Force Council Approved 7/21/09 138,300 WA Auto T'heft Prevention Authority Grant (WATPA) for Tools for Fighting Crime Council Approved 7/21/09 34,638 WA Auto Theft Prevention Authority Grant (WATPA) for Automated License Plate Reader Council Approved 4/21/09 30,000 FY09 Recovery Act Justice Assistance Grant (JAG) for Spillmane Records Mgmt System, 800 MHZ Radio Improvement, Valley Civil Disturbance Unit Training/Backfill, Expand Wi-Fi Surveillance Cameras and Replacement of Tasers- Council Approved 4/21/09 183,079 WA Assoc of Sheriffs and Police Chiefs Grant (WASPC) for use of Overtime for Gang Related Investigations Council Approved 3/17/09 5,000 DEA Overtime -Funded by Federal Grant Council Approved 9/15/09 16,328 DEA Overtime Funded by State Council Approved 9/15/09 15,000 15,000 Crime Analysis Prevention Recovery Grant (CAP) for Gang Analyst 0.50 FTE Pending 10/20/09 Council Approval 34,117 Crime Analysis Prevention Recovery Grant (CAP) far Gang Analyst 0.50 FTE Add'1 Amount Pending 10/20/09 Council Approval 5,000 800 MHz Project Replace Current Portable Radio Equipment, Funded within Existing Police 2009/10 Budget Approved by Council9/15/09 K:�FIN�200&70 BudgeNBudget Adj#3�2009 Housekeeping Adj List 10/19Y1009 2:05 PM 1 of 4 CITY OF FEDERAL WAY 2009/10 HOUSEKEEPING ADJUSTMENTS DRAFT Pro osed 2009 2010 2009 Bulletproof Vest Grant -$15K Grant and $15K Match Funded within Existing Budget (Reduce Gas Increase Line Item) Council Approved 6/16/09 15,000 Street Fund: Accounting Adjustment Allocation of 2% Pay Reduction, approved as part of Long Range Plan Budget Adj (34,199) Dept of Ecology Air Quality Program Grant Deisel Retrofit Portion 7,826 Dept of Ecology Air Quality Program Grant Remaining Balance 4,330 Sherwood Forest School Zone Flasher Grant 50% Grant 50% Match Funded within Existing Tr�c Division Budget Council Approved 7/21/09 7,500 Pension Savings Earmark in General Fund for Future Increases (27,289) FEMA Recovery for Snow Event: $70,097 for 48 hour consecutive snow removal and $10,845 for Debris Sand Removal 80,942 Commute Trip Reduction Grant Expenditures Funded by Grant 50,079 CERT Budget Moved from Comm Development Budget to PW Emergency Management 2,500 Reallocate 30% of Pazks/PW Director to PW-Admin, Effective 8/1/09 (Decreases Parks Admin Budget, Increases GeneraUStreet Fund Subsidy by Same Amount) 35,860 86,437 Subtotal General Street Fund 760,224 215,935 Utility Tax: Transfer to General Fund for Medical Incubator (Reduce Utility Taac Transfer to Overlay and Replace with REET Transfer) Federal Way Communiry Center: Realign Budget based on Year 2008 Performance rather than Business Plan Reduce Revenue Estimates by $188,036 and Expenditure Estimate by $13,000 No impact to Utility Tax Contribution to FWCC Operations and Capital Reserves (13,000) (13,000) TTaf�c safery: Traffic Safety Program Maintenance 50,000 Real Estate Excise Tax: Transfer to Overlay (Reduce Utility Tax Transfer to Overlay and Replace with REET Transfer to Fund Medical Incubator) 75,000 Subtotal Special Revenue Funds 112,000 (13,000 City Facilities CIP: PAC State Contract for PAC Preconstruction Activities Funded by WA State Dept of Community, Trade, and Economic Development Grant 500,000 FWCC Virginia Graham-Baker Pool Grate Rehabilitation Funded by FWCC CIP Project Balance 20,550 Steel Lake Annex Improvements Funded by Historical Society Contribution 30,000 Parks CIP Fund: Soccer Field Improvements Funded by Federal Way Soccer Association Donation 35,000 Lakota Park Reduce Budget in 2009 instead of 2010 as a Result of the LRP Budget Adj #2 (120,000) 120,000 Surface Water Management CIP: Interfund Transfer to Surface Water Management CIP Return of Unallocated Capital to fund SWM Operations 508,705 King County Flood Control Zone District Grant for Easter Lake Stormwater Flood Control Improvements 182,000 Transportation CIP Fund: Street Lights on 20th Way So Project Funded by CDBG Transfer of Entitlement/Recovery Act Grant 174,715 K:1FIN�2009-10 Budget\Butlget Adj#3�2009 Housekeeping Adj List '10/19/2009 2:05 PM 2 of 4 CITY OF FEDERAL WAY 2009/10 HOUSEKEEPING ADJUSTMENTS DRAFT Pro osed 2009 2010 PSRC Countywide Federal Grant Funding for South 320th Street I-5 Southbound Ramp Project $3.2M and Grant Match $1.8M funded by Transfer from City Center Access Project 3,200,000 South 320th St 1 st Ave South Reduce Budget by Mitigation Transferred to Unallocated CIP Mitigation Feeshave beenspent (54,962) 20th Place SW Emergency Slide Repair Revise Project Budget Per 6/16/09 Memo to Council (28,261) Subtotal Capital Project Funds 4,447,747 120,000 Surface Water Management: Replace Gas Detector Incur Expense in SWM Fund due to Purchase not Meeting $1,000 Capitalization Policy Funded by Transfer of Reserves from Fleet Equipment Fund Approved by Council 10/6/09 600 Dept of Ecology Stormwater Grant for Implementing the New Phase II NPDES Permit Council Approved 10/6/09 50,000 M&O on Various SWIv1 Grant Purchases Made in Year 2008 (included lst Yeaz's M&O) Geo Admin Hanssen Module ($3,000); Arview ($500); and AutoCAD ($1,000) Funded by SWM Fund 4,500 Dumas Bay Center: KFT Reallocate Internal Service Charges from KFT to General Fund (7 Months in 2009, Full Year in 2010) due to KFT Management Contract (7,544) (10,277) KFT Reduce Phone Service Internal Service Charges due to KFT Management Contract (3,000) KFT Eliminate Other Expenditure Line Items and Add Management Contract, Fire Extinguisher, Alann System and Other Repairs Maintenance Includes Savings from Converting to KFT Management Contract set aside for Defened Maintenance (26,445) (50,330) KFT Acctg Adj Elim Contra Account Parks Superintendent (Eliminated During Budget Adj #2 LRP) (5,619) (20,682) DBC Acctg Adj Elim Contra Account Parks Superintendent (Eliminated During Budget Adj #2 LRP) (11,268) (31,024) Information Technology: Accounting Adj Allocation of 2% Pay Reduction, approved as part of Long Range Plan Budget Adj (14,773) Accounting Adj Allocation of 4% COLA Elimination, approved as part of Long Range Plan Budget Adj (28,026) KFT Reduce Phone Service Charges as a Result of KFT Management Contract (3,000) Purchase Certification of City's Electronic Records Management System Use of Reserves from Timekeeping System Savings $52K Approved by Council8/4/09 Utililize Automation Fees to Purchase &Implement Permit Conditions Management System ($20K Capital, already budgeted) and Ongoing M&O ($3K) Funded by Automation Fees Approved by Council5/26/09 3,000 SafeCity M&O Exp Funded by SafeCity Per AG09-081 Approved by Council 3/2/09 Ongoing thru Yeaz 2013 28,000 28,000 Ongoing M&O on Various SWM Grant Purchases Made in Yeaz 2008 (included lst Year's M&O) Geo Admin Hanssen Module ($3,000); Arcview ($500); and AutoCAD ($1,000) Funded by SWM Operations 4,500 Fleet Equipment: Purchase Six Replacement Traffic Counters Funded by Reserves Approved by Council8/4/09 10,128 Accounting Adj 2%PayCut and Eliminate COLA (1,684) Reduce Police Gas Increase Use to Provide for 2009 Bulletproof Vest Grant Match (15,000) Return Gas Detector Replacement Reserves to SWM Fund Replacement Cost does not meet Capitalization Threshold, therefore SWM will Incur the Expense and not accumulate future reserves 2,728 Replace Mower for Use at West Hylebos Funded by Replacement Reserves Pending 10/20 Council Approval 6,478 Buildings Furnishings Fund: Accounting Adj 2% PayCut and Eliminate COLA (4,160) Subtotal Proprietary Funds (17,942) (76,956) K:\FIN�2009-10 BudgeflBudget Adj#3�2009 Housekeeping Adj List 10/19/2009 2:05 PM 3 of 4 CITY OF FEDERAL WAY K:�FIN�200310 Budget�Budget Adj#:i�2009 Housekeeping Adj List tON92009 2:05 PM 4 of 4 2009/10 HOUSEKEEPING ADJUSTMENTS DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND EINANCE, REVISING THE ADOPTED 2009-10 BIENNIAL BUDGET (AMENDING ORDINANCE NOS. 08-589, 09-612 AND 09-616) VVHEREAS, the City Council of the City of Federal Way adopted the 2009-10 Biennial Budget on December 2, 2008, in accordance with RCW 35A.34,120; and WHEREAS, on May S, 2009, the City Council enacted Ordinance No. 09-612 to carry forward funds that had not been expended in 2048; and WHEREAS, on June l6, 2009, the City Council enacted Ordinance No. 09-616 to revise downward the revenues and expenditures due to the decline in the economy; and WHEREAS, as a result of the housekeeping adjustments the City Council finds it necessary to revise the 2009-2010 Biennial Budget to include the housekeeping adjustments into the revised budget for 2009 and 2010; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment. Exhibit A(1) entitled "2009 Revised Budget�' and Exhibit A(2) "2010 Revised Budget" in Ordinance No. 09-616 is hereby amended to Exhibit B(1) —"2009 Revised Budget' and Exhibit B(2) —"2010 Revised BudgeY' to include the housekeeping adjustments for 2009 and 2010. Section 2. Administration. The City Manager or Interim City Manager shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the revised budget approved herein. Ordinance No.09- Page 1 of 7 Rev 10!09 a t Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that 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. Section 6. Effective Date This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2009. CITY OF FEDERAL WAY MAYOR, JACK DOVEY Oidinance No.09- Page 2 of 7 Rev 10/09 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.: K:\tin\2009-10 budget�Budget Adj#3�ORD 2009 Housekeeping.doc Ordinance No.09- Page 3 of 7 Rev 10/09 EXHIBIT A(1) 2009 REVISED BUDGET Beginnii�g Funr1 Bnlanee Revenue ExpendUure Eading Fund PriorAmount Adjustmenl Revised A7orAmount AdJustment Revised PriorAmount Adjus[nrenr ReviseA Fund Ba/ance General Fund 5.542,307 5,�4 2.307 45.505.377 (2.372 .915) 43.132.462 4�,117.293 (2.025,737) 4.i.091.?S6 S.SR3.213 Special Revenue Funds: Street 100.000 100,000 >,114,414 (2$9,09i) 4,855,319 �5_114,414 (25209�) 4.A55_;19 100.000 ..............._......_._a.. Arterial Strc�t 482.407 0 482.40R 1.96R.000 1.9G8.000 2,a50.407 (400.000) 2.Oi0.407 400.001 Utility Ta� G,340,IRR 0 6,340,188 15,721,586 (1,013,953) 14,707,G33 19.371.484 (I,i07.311) 17,A64,173 3,IA3,G4R S olid Waste /Recvcling I T,318 0 173,318 408J32 408.732 489,234 4$9.234 92.R 16 T Special ContracUStudies 272,788 272,788 272,78A 272J88 Hotel/Motell..odgingTax 194,145 0 194,145 186.750 186,7�0 3R0.895 ;80,895 0 2"/o fi�r the Arts 2)3 293 293 293 federal WaY Comnt Center 984 0 984 2,730.I GO (123,3•I 1) 2,GOfi,849 2, I R4,8i9 2, I8d,R59 422.974 _�....__._____W..�_. Traffic Satetv 135,g 19 0 135,A 19 580,000 SR0,000 �80,000 580.00'0 13�,A I) Gr�uits CD13G 45.5_849 455,849 45�.R49 455,849 Paths and Trails 1 93,19 0 193.19G I�8,420 ISR,42 224.000 224.000 127,616 �..V._... Dcbt Scnicc FunJ 1.763.667 (0) 1.763,G67 4504,03R (2.00Q.Q00) 2.iO4.03R 4.562.07R (3.OSR.h�)4) I.�O>.384 2.764.321 CapitAl Pro,jcct FunJs: Do�.nto�vnRedevelopment b.bli,42? 0 6,615.42G I.100.000 (500.000) 600.pOp 7,715.42� (500.000) 7.215,425 I Citv t'acilities 1.i52,7R9 0 1.�52.789 3.360.394 (3.358.G94) 1.700 1.293.700 1.293.700 ?G0.789 __..._.w.�....___.____.. P arks 4._ 71.2 4.571.2 4.17R.000 (SA4.000) 3.� )4A00 7.GR6.8 )5 (�R4.000) 7.102.8 )5 I.OG2.400 SWM 4.71>,793 4,715,793 155,419 I�S,419 3,33�.121 3,335.I21 1,536.091 StreMs 13..512.6R0 13.512,6R0 24,253.G03 24.253.603 33.77R.4G0 33.77R.46O 3.9R7,R23 F:nterpricc fund: Surf'aceWaterM<viagement Gi,27G (0) GS,z75 3,33L189 3.331,189 3,371,4R3 3.371,4R3 24.981 Dumas I.iay Center 22 4,R32 (0) 224,A32 A22,942 R22,942 1,047,774 1,047.774 (0) Internal Service Funds: Risk Ma�iagcment 5,354,R70 0 5,354,R70 77G,45h 776,45G 6R5,3S6 6R?.356 i,445.970 ..._..._..............M........._..�.......... Infc>rmation Systetns 2.970.248 (0) 2.970,24R 2.211.497 ((i6.S50) 2.144.947 2.302.170 (66.j49) 2.235.621 2.R79.57d Support Services 2h0.797 0 2G0,797 201,R45 201.R45 14R,256 14R.?Sb _i 14.3R6 Fleet Fquihment 3,291.R09 0 3,291,R10 2,135,44R 2.135.44R 1.398,2�0 1..,9R.2i0 d,029,00R Buildin� PurnishinE.+s 1.170.286 (0) 1.170.2R5 4GG.319 4GG,319 440.82R 440.R28 1.19S.77G TotalAll Funds 59,503,212 l $59,505,214 S 1l9,746,43E $(9,698,5/8) $110;047,910 $143;827,312 S(7,821,386) S/36,005,926 33,547,207 Or�dincmce No.09- Page 4 qf 7 Rev 10/09 EXHIBIT A(2) 2010 REVISED BUDGET Beginnirrg FunJ Bnlance Reue�rr�e E eirditure Ending Fu�td PriorAmou�tl Adjus7tnent Revised PriarAmount AdjusYntenJ Revised P»o�Anto�r�tt AdjusCment Revised Fund Bala�ree Gener.il Fund 5.930.�91 (318.192) 5.612,199 43.073.264 (2.484.Sa5) 40.588J19 44,272.163 (2.ft41.9S7) 41.430.20G 4,770,712 S�xcixl Rcvcnuc FunQs: _.Street �".'_100.000 IOQ000 a.935.245 (31G.315) �4.935.24j (316.31j) a.G18.930� 100.000� Arterial Street 400A00 400.000 1.9(8.00O (96A.000) I.000.000 1.9(8.000 (�G8.000) 1.�300.000 �lJtility Tat 2.690.290 710.042 3.400,332 1�.604,959 (1.�21.158) 14,083.801 15.791.292 (3.3�G.4i9) 12.434.833 5.Oq9.30p Solid Waste/Recvcling 92.816 92.816 41G.854 41G,854 i02.4pj �02.a0� 7.265 Special Contract/Studies �""'F Hotel/M otel Lod��ing T<ix 0� 0 182.500 182.500 182.i00 I R2.�00 0 2% tbr the A��ts Federai Way Comm. Centei i4G.285 54G.28� 2.ROS.R48 i RR.459) 2.617. �R9 2. I 23.62G 2. I 23.62G I. Oa0.04R� TrafticSafety 135.819 135.R19 SSOA00 580.000 j8p.0pb iR0A00 1=i_}S19 irants C'Ul �1>9.9;1 d>9.9i l di9.9 l �S9.9i l .�_.�T -_m____�� I'aths ancll�rails 127.G1; 12ZG1� IGO.Gig IGO.G58 IGI.000 161.000 IZ7.273 Ucbt Scrvicc Fun 1.7Oi.G27 1.0�8.G93 2.7G4.320 4.2�i.033 (2.400.000) 1.87� 4.275.ROj 1 .142.000) ;.I ;3.&Oi I.>pi.i4R ��i t a I P ru i c ct F u n ._.___....,..._.._e___._�. O<����ntown Redevelo I.IOO.00U (j00.000) G00.000 I.ORG.I 16 (�00.000) jRG.I 16 13.RHd �Citti�F'ncililies ?.G19.<1R3 (-3.3iR.l�9a)j 2GOJ89 I.G43.700 (LG42.000) 1.700 ?G2.4R9 Pcirks I.OG2.400 i 1.0G2.400 IJ45.000 (1.200.000) ��15.000 2.054.000 1.200_Q00) 894.000 7i3.400 SWM I.j3G.091 j I.i3G.091 23.4I9 23.419 R23.CiS7 82i.Gi7 7ij.8j3 Strcets 39A7.823 2.130.000 2.130.000 S.GIS.000 i.615.000 �U2.ft2; P.ntcrprisc Fund: -i-.�_ Surthc W�ucr M anti��cment �24.9R I 2 4.9A I 3.?G6.Oa4 3.3G6.Oa4 3.3A9.308 3. ;R9.308 I J 17 Dumas f3uy Ccnrer I �(0)i 0� Ri0.�36 8SO.S3G R47.24� 847.2�15 3.291 Internal Service Fu nds: _____w_... Risk M anagement 5.44i.970 �.445�970 __77G�4�6 776.4i6 GR�.35G G8i.3i6 i,j;7.070 ..._...___._.._..__e__,_.__. ..._.__._.....__._.R......__. informatio Systems 2.R79.575� 2.879.i75 2.333.510 IOO.IQO) 2.233.410 2.244.1 17 100.100 2.Ia4.017 29GR9(i8 Su pport Serviccs 31�4.3 314.386 201.84i 20 1.R4S 14A.2 I�1R.25 367.97� Fket &[;quipment���� 4.029.Q0�7 4.029.007 2.I20969 2.120.969 1.5�1.273 1.551.273 4.�98.70; f3uildin� Furnishin�:ti 1.19>.777 I 1.19�.777 T Sd2.594 542.i94 4a3.G9d �1�13.69a 1.294.677 Tor�rlA//Fu,rds 35,424,337 S (1,508,151)I. $33,916,186 .8 90,776,365 (10,740,577) 879,975,788 S 93,559,989 ,S (9,444,83/) ,884,115,158 29,776,816 Ordinance No,09- p S ���7 Rev 10/09 EXHIBIT B(1) 2009 REVISED BUDGET Beginning Fund Br�lanCe Revenue Expe»dilure Ending Fund PriarAmoun[ Adjustment Revise�l PrlorAmnunt Arljustment Re�dsed PrlorAmount Adjustntent Revlse�! Fund Balance C:eneral F'und 5.�42,307 5.542.307 43,132.462 71G.896 43.R49.3�R 43,091.556 600.976 43.692.532 >.G99.13� Speci�l Revenuc Funds: ......................e.....,,.......�....._................_.._�.....� ......_........e,..�...._w....._......_.. Street 100,000 100,000 4,855,319 159.24R 5,014,567 4,R�5,319 I�9,2a8 �.014,567 100,000 Arterial Street 4R2.40R 0 482.408 1.968.000 196R,000 2_0�0.407 2.050.407 400.001 lJt ility Ta� 6,340, I R8 0 6.3�10.I8R 14.707.G3:� 14.707.633 17.A64.1 73 17.864,173 i. I A3,G48 Solid Waste/Recvcling 17i.31R 0 173.319 40R.732 40R.732 a89234 4R9.234 92.R17 Special CuntracUStudies 272.788 2�2.7R4 272JRR 272.7R8 f�lotel/Nlc'riel LodgingTa� 194.145 0 194,145 IRG.750 186J50 380,�i9i 3RQ,R95 0 2'% for the nrts 293 293 293 293 Federai Wav Comm. C'enter 9R4 0 98a 2.G06.849 (188.0G4) 2,41 R,785 2.184,R59 (13A00) ?J 71.R�9 24�.910 Traftic Safetv 135,R 19 0 135,g l9 580,000 580,000 SR0,000 �0.000 G30,000 85.R 19 Grants-CDBG 455,849 845,816 1,301,665 455,R49 R4S,81G 1.301,66$ Paths a�ld Trails 193.196 0 193,196 158,420 158.420 224A00 224,000 I 2Z61 G Debt Ser'vice FunJ 1,763,667 (0) 1,763,667 2,504,038 75,000 2,579,038 1,503,3R4 7�,000 I.j7R,3R4 2J64.321 Capital Pro,ject FunJs: Do�vnto����n Redevetopment 6.615.42(i 0 6.615,42G G00_000 600.000 7.215,425 7.215.42i I City F�cilities 1,552,7R9 0 1,5.52,789 1,700 530.000 531,700 1.293.700 S�O,gSO I.R44.250 24(1,239 Parks 4.�71.295 4.571.295 3.594A00 35.0p0 3.629.000 7.102.895 (A�,OQO) 7.017.895 I.IR2.400 SWM 4.71 i.793 4.715.793 155,419 182.000 33�.�! 19 i,33�.121 690.70� 4.02>.826 1.027.386 Stree[c 13.512.6R0 13.512.GR0 24.253.603 3.209.67R 27.4j9,2R1 33J7R.460 3.291.492 37AG9.9i2 i.902.009 F.nterprisr I'und: S urf'accWaterM anagement 6�,27� (0) 65.27i 3.331,189 �11.433 3.842.G22 3.37i.as3 600 3.372.083 5;5.814 Dinnas B<iY' C enter 224.R3 (0) 224.832 R22.�)42 (50,876) 772.OGG i.oa�.��a (SO. R761 996.K9R (0) Internal Servicc Funds: Risk Mtutagement 5,354.870 0 5,354,870 776,4.56 776,456 6RS,356 6g5,356 :i,a45,970 Infbrmation Svstems 2.970.24R (0) 2,970.247 2.144.947 2R,000 2,172.947 2.23j.620 28A00 2.263,620 2.R79.574 Support Serviees 260.797 0 260,797 201,845 201,845 14A.256 14R.25G 314,38h fleet&F.quipment 3,291,R10 0 3.291,R10 2.135,44R (I5,000) 2,120,44R 1,39R.2.50 4,334 1.402,SR4 4.Q09.67a Quildin�.s&Purnishings 1.170,285 (0) I,170.?$5 466,319 4GG.319 440,828 440,82R I,195,77G Tota/AllFunds 39,505,214 S 1 $59,505,215 110,047,920 6,D35,/37' $/T6,083;05/ $136,OO.S,915 6,147,843 $142,133,770 3.4,434,495 Orclinance No.09- Puge 6 qf 7 Rev 10/09 EXHIBIT B(2) 2010 REVISED BUDGET Beginning Fund Balancr Revenue Expendrture EndinR Fund PrZorAmount Adjustment Revised Pri�rAmount 'AdJuaYment Revised PriorAmnunt AdJuslraent Revised FundBalance i Gener;�l Fund 5_G12.199 R6.934 �,G99,133 40.SA8J19 28,277 40.G16.996 41.430.20G 161.197 R 41.i91.403 4J24.72G Special Revenue Funds: Strcet IOQ000 (0) 100.000 4.61R.930 54.73R 4.673�.G6A 4.G1R.930 S4.7iR 4.G73.G68 100.000 �nrteritalStrcet 400.000 I 400.OQ1 I.00OA00 I.000.000 1.400.OQ0 1.400.OQ0 I Utility "�u� 3.400.332 (21G.6R4) 3.IR3.C� I�3.OR3.R01 14.OR3.R01 12.43d.833 12434.833 4.R32.616 Sc�lid Wastc/f2ecycling 92.816 T (0) �92.R16 416.854 41Ci.R54 502.40> .�p5 7.265 Special C��ntract/Studics liotel/M ��tel I.,odging Tax 0 0 I 182.500 I A2.�Q0 182.>00 I R2.>00 I 2°/� Ibr the Arts Pedcral W1v C'ontnt. Cente� Sd6.28> (298.375) 24Z910 2.617.3R9 I SK.064); 2.429.32i 2.123.G26 13.00Q��� 2.1 10.626 >66.G09 ,_r_....___�._ �_._W._._._. Traf�ticSa 13�_A19 (j0.000)I 85.R1) SROAOb 580.000 jR0.000 SS0.000 R5.R19 Grants C'DF3(i 459.931 459.931 459.931 452931 m________._._ ths nd l� s i ..............._a....._. a i�iil __...�._...__._.....�........a..-... 160.65R IGI.000 161.Q00 127.274 DcbtSci��cc fund 2JG4.320 1�_ I.R75.033 I.R7S.p33 3.133.R05 3.133.R05 1.�05,5:�9 Capital Pro,ject Funds: Down ot��i °v i ReJc, el< pment I 1 G00.000 600.000 SR6.1 16 >86.1 16 13.R85 .M C'ity I�acilities 2G0.7R9 (20.550) 240.239 IJ00 1.700 241.939 T LOG2.400 120A00 1.182.400 i45.000 (i4.000)( 491.000 120.000 974.0 SWM I.S3G,091 (SORJ05) I.027.3R6 23.419 i 23.419 R23.657 R23.GS7 227.148 Streets 3.9R7.A23 (Ri.RI4) 3.902.009 2.130.000 2.130.000 5.615.000 i.61i.OQ0 417.OU9 _._..�_.m....____._........_.... Enterprise Fund: SurtaceWaterManagement 24,981 �10.833 535,814 3.3G6.044 5p,p00 3.4IC,044 3.3R9.30R 54.>00 3.443.80R Sq8.050 `Dumus Be�y Center 0 (0) (0) 850.>3G (114_518) 736.018 847.245 (I IS.313) 731.932 4.OR5 Intcrnal Seivice Funds: Risk M anagement 5.445.970 Q S,445.970 �776.45G 776.456 M 685.�356 6R5.356 5.537.070 intbrmation Sy stems 2.879.57$ i) 2.879.574 2.233.410 (4.299) 2.229.I I I 2. I44.017 I0.299) 2. I33.71 R 2,974.967 Su ort Services 314.386 3 5 314._ 8G 201.84. I 201.845 14A.25G 148.2>6 367.975 ........_...nn__.......�,..�_....._�.._.._..�._._...._._.._.�_....__..._.____�_ m Fleet Gyuipment rv 4.029.007 (19.333) 4.009.G74 2.120.969 1.684) 2.1 19.2R5 1.551.273 ry 1.6A4 1.549.>R9 4.579.370 MW Buildings c�c Furnishings �I.I�)5.777 I) 1.195.77G 542.594 (4.160) 538.434 443.G94 (4.IG0) ���439.534 1.294.G76 TofalA!! Funds 33,916,186 (481,69/) $33,434,495 79,975,788 (233,710) $79,742,078 84,115,758 24.5,979 $84,361,137 28,815,436 Ordinance No.09- Pagc 7 nf 7 Rev 10/09 COUNCIL MEETING DATE: November 17, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Su�c1': 2009 Asphalt Overlay Project Final Acceptance POLICY QUES1'ION Should the Council accept the 2009 Asphalt Overlay Project constructed by Tucci and Sons, Inc. as complete? ITEM COMrIITTEE: Land Use/Transportation CATEGORY: Consent City Council Business Ordinance Resolution MEETING DATE November 2, 2009 Pablic Hearing Other STAFF REPORT BY: Marwan Salloum, P.E., De u Public Works Directo��DEP'r: Public Works Attachments: LUTC memo dated November 2, 2009 Options Considered: 1. Authorize final acceptance of the 2009 Asphalt Overlay Project constructed by Tucci and Sons, Inc., in the amount of $1,875,890.27 as complete. 2. Do not authorize final accepta.nce of the completed 2009 Asphalt Overlay Project constructed by Tucci and Sons, Inc. as complete and provide direction to staff. STAFF RECOMNNIENDATION Staff recommends Option 1 be forwarded to the November 17, 2009 Council Consent Agenda for approval. A r�� __L�� CITY MANAGER APPROVAL: G�'� Q �j DIRECTOR APPROVAL: committee Council Committa Couocil PROPOSED COUNCIL MOTION "I move �roval of final acceptance of the 2009 Asphalt Overlay constructed by Tucci and Sons, Inc., in the amount of $1,875,890.27 as complete. (BELOW TO BE COMPLETED BY CITYCLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL DENIED i readiog TABLED/DEFERRED/NO ACTION Enactment resding MOVED TO SECOND READING (ordinances onlyJ ORDINANCE REVISED 02/06l2006 RESOLUTION CONINIITTEE RECOMMENDATION Forward Option 1 on the November 17, 2009 Council Consent Agenda for approval. CITY OF FEDERAL WAY MEMORANDUM DATE: November 2, 2009 TO: Land Use and Transportation Committee. VIA: Brian Wilson, Interim City Manager FROM• Marwan Salloum, P.E., Deputy Public Works Director Jeff Huynh, Street Systems Engineer SUBJECT: 2009 Asphalt Overlay Project Project Acceptance and Retainage Release BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above-referenced contract with Tucci and Sons, Inc. is complete. The final construction contract amount is $1,875,890. T'his is $46,252 below the $1,922,142 (including contingency) budget that was approved by the City Council on March 3, 2009. cc: Project File Central File K:\LUTC�2009\I1-02-09 2009 Asphalt Overlay project- Project Accepta�ce.doc COUNCIL MFETING DATE: November 17, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM SUBJECT: COMMUNITY CENTER POOL CHEMICAL VENDOR CONTRACT POLICY QUESTION Should the Council approve the Community Center Pool Chemical Goods and Services Amendmerat? COMMITTEE: PRHSPS CATEGORY: Consent City Council Business Ordinance Resolution MEETING DATE: November 10, 2009 Public Hearing Other STAFF REPORT BY: CRAIG FELDMAN Community Center Aquatics Coordinator. DEPT: PRCS The aquatics components at the Federal Way Community Center require chemicals to disinfect and balance the water. Chemicals are administered through an automated delivery system and as attendance increases, the chemical load increases. Actua12009 bather loads have exceeded estimates which necessitated the purchasing of more pool disinfectant than was originally anticipated. 'The new projected cost for the balance of 2009 for these goods and services is $36,000.00, which is an increase of $6,000.00 over the original contract. As the contractor believes there will be no increase to the unit price of their products, the anticipated cost for their Goods and Services for 2010 is $36,000.00. The total for the amended contract is $72,000.00 Orca Pacific submitted the lowest per unit quote. This quote includes delivery, technical support and parts for automated chemical delivery systems. Attachments: Staff Report, Proposed Contract Options Considered: 1. Approve the Community Center Pool Chemical Goods and Services Amendment 2. Decline the Communitv Center Pool Chemical Goods and Services Amendment STAFF RECOMMENDATION Staff recommends Council ap�ro� al of Option 1. f 1 S i'^' CITY MANAGER APPROVAT.,: Y_} �/Y� w�I DII2ECTOR APPROVAL' to Comcnittee to Council to Committee To Council v PROPOSED COUNCIL MOTION `7 move approval of an amendment to the contract with ORCA Pacific Inc. and authorize the Interim City Manager to execute an agreement for the supply and delivery of Pool Chemicals at the Federal Way Community Center. Total amount of the contract is $72,OOQ.00" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COLrNCIL BILL DENIED 1 reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances onlyJ ORDINANCE REVISED 02/06/2006 RESOLUTION COMMITTEE RECOMMENDATION: CITY OF Federal Way PARKS, RECREATION AND CULTURAL SERVICES CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: FROM: VIA: SUBJECT: November 9, 2009 Parks, Recreation, Human Services Pubiic Safety Committee Craig Feldman, Aquatics Coordinator Brian Wilson, Interim City Manager Pool Chemical Quotes Quotes were submitted from three vendors. The quote provided is a per unit cost and staff anticipate amount needed based on previous year's chemical use, anticipated attendance and expected price increase for chemicals. The cost of items per unit'is as follows: Orca Pacific: Liquid Chlorine 55 gallon carboy Buffered Muriatic Acid 15 gallon carboy Buffered Muriatic Acid 1 gallon bottles Sodium Bicarbonate 50 Ib bag Calcium Chloride 50 Ib bag Dry Chlorine 100 Ib bucket Freight Shipping Aqua Quip: Liquid Chlorine 50 gallon Carboy Buffered Muriatic Acid -15 gallon Carboy Buffered Muriatic Acid 1 gallon bottles Sodium Bicarbonate 50 Ib bag Calcium Chloride 50 Ib bag Dry Chlorine 25 Ib bucket Freight Shipping Aqua Rec's Swimming Hole and Fireplace Shop: Liquid Chlorine 53 gallon carboy Buffered Muriatic Acid —15 gallon carboy Buffered Muriatic Acid -1 gallon bottles Sodium Bicarbonate 50 Ib bag Calcium Chloride 50 Ib bag Dry Chlorine 100 Ib bucket Freight Shipping $119.85 $69.05 $6.60 $19.95 $22.95 $205.57 No charge $179.10 $89.99 Not available $53.10 $41.40 $89.99 No charge $289.99 $105.99 Not available $47.99 $42.99 $499.00 $100.00 e�T� a� �E'rY ��L� 3�3^5 c«t1� �l�enue Sauth PCJ Bc��: �7t� �2d�ral t;°:a}t �r4�r ��ti;63-9?18 ;5s� o.�� {CC}0 ....t.c.�et''� �f�£€�txL7i-a-Ct?i AMENDMENT NO. I TO GOODS AND SERVICES AGREEMENT FOR COMMUNITY CENTER POOL CHEMICALS This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corparation ("City"), and ORCA Pacific, Inc, a Washington Crporation, ("Contractor"). The City and Contractar (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Goods and Services, ("Agreement") dated effective 2 Day Of January 2009, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2010 ("Amended Term"). 2 AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit "B- l", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate ch�arged by it for its services contracted for herein sha11 remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. Except as otherwise provided in an attached E�ibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and a11 acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 14 of the Agreement shali apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT 1 10/13/09 '1� CiTY Hr�L� 33�iJ "Q��'1 .�°i�(1L:c� :70Lb��1 �Q)' �t� 3 .'�i �$6�8C81�.�i �1�'ri: �"Oti��J'����t� t;�53t &35-7flt70 :>�1t t c';tt��t !�'t t';�;�} �.r3r<, IN WIT`NESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Brian Wilson, Interim City Manager ATTEST: City Clerk, Carol McNeilly, CMC DATE: ORCA PACIFIC, INC. By: Printed Name: Title: DATE: STATE OF WASHINGTON ss. COUNTY OF APPROVED AS TO FORM: City Attorney, Patricia A Richardson On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corpora.tion, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 200 Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT 2 10/13/09 Clt� �ITY H�LL �r�� 333�5 8tit .�renu2� Sa�jth Pfl €�ox 971� #I Federal �;�a�. �1�1� �3s;63-�?18 t253} 83�-7tIQ0 ��;''t r ti I['lt�i �E' �+�fz�i i i'z34 t 3J: ?'s EXHIBIT B-# ADDITIONAL COMPENSATION 1, Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Forty Two Thousand and 00/100 Dollars ($42,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Seventy Two Thousand and 00/100 Dollars ($72,000.00). AMENDMENT 4 10/13/09 COUNCIL MEE I'ING DATE Nov 17, 2009 ITEM G CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FISHER POND BUILDING DEMOLITION POLICY QUEST�o1v Should the Ciry accept the demolition bid and authorize the Interim Ciry Manager to enter into a contract with the successful bidder? COMMITTEE: PRHSPS CATEGORY: Consent City Council Business Ordinance Resolution MEETING DATE: Nov 10, 2009 Public Hearing Other: STAFF REPORT BY: Ste hen Ikerd Parks Facilities Man er DEPT PRCS History: The Historical Society moved out of the Fisher Pond house in June of 2009, and since then it's been vacant. Federal Way Police have used it for some training purposes. The house has been experiencing vandalism and is currently boarded up. Due to the isolated setting, poor condition and infrastructure; it is recommended that the buildings be properly demolished and the site graded and seeded. Bid Result: 11 companies from the Small Works Roster were invited to bid and 3 responded. William Dickson was the lowest responsive bidder and has performed other similar work for the Federal Way Community Development Department. William Dickson Construction -$20,326.00 +1930.97 tax total bid amt $22,256.97 Rush Commercial Construction -$23,590.00 2241.05 tax total bid amt $25,831.05 Hoffman Construction $28,221.00 2167.99 tax total bid amt $30,388.99 This project will be funded out of a CIP account for Majar Facility Rehabilitation. The current balance is: $119,923.00 22,256.97 demolition bid amount 2,225.00 10% contingency $24,481.97 total pay out authority; leaving a remaining CIP balance of $95,441.03 O tions Considered: #1 Do demolish the Fisher Pond buildin s #2 Do not demolish the buildings .P STAFF RECOMMET'DATION Staff recommends Council accept the bid from William Dickson �onstruction and authorize the Interim City Manager to execute a contract for demolition in the amount of $22,256.97 plus 10% contingency for a total amount of $24,481.97 CITYMANAGERAPPROVAL: QI�IlM ��U�J�S DIRECTORAPPROVAL: Ca�6� to Committee to Council to Committee To Council PROPOSED COUNCIL MOTION "1 move approval to accept the demolition bicl from Yt�am Dickson Construction and authorize the Interim City Manager to execute a contract for services in the amount of $22,256.97 plus 10% contingency for a total amount of $24,481.97 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNC'IL BlLI, DENIED 1 reuding TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED 02/06/2006 RESOLUTION COMMITTEE RECOMMENDATION: COUNCIL MEETING DATE: November 17, 2009 ITEM SUB.TECT: Federal Way Community Center Agreement to Use as Dormitory Shelter PoL�CY QuEST�oN: Should the City of Federal Way enter into an agreement with the American Red Cross, allowing the Federal Way Community Center to be used as a dormitory shelter in times of emergency? CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL COMMITTEE Parks, Recreation, Human Services and Public Safety Committee CATEGORY: Consent City Council Business Ordinance Resolution MEET�1vG DATE: November 10, 2009 Public Hearing Other STAFF REPORT BY: Ra�Gross, Emer�ency Management Coordinator DEPT: Public Works Attachments: Memorandum to Parks, Recreation, Human Services and Public Safety Committee dated November 10, 2009. Options Considered: 1) Enter into an agreement with the American Red Cross, allowing the Federal Way Community Center to be placed on the list far use as a possible dormitory shelter in times of emergency. 2) Do not enter into an agreement with the American Red Goss and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the November 17 2009 City Council Co nsent Agenda f approval. CITY MANAGER APPROVAL: /1(Jdl WS i1 i3 IRECTOR APPROVAL: iC� Committee Council Comm�ttee Council COMMITTEE RECOMMENDATION: Committee recommends forwarding above staff recommendation to the November 17, 2009 City Council Consent Agenda for approval. Jeanne Burbid�e, �liair L Mi�Ba�r�c. �ember J�rn Ferrell, Member PROPOSED COUNCIL MOTION: I move to authorize the City of Federal Wt�y to enter into an agreement with the American Red Cross, allowing the Federal Way Community Center to be placed on the list for use as a possible dormitory shelter in times of emergency. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL DENIED I reading TABLED/DEFERRED/NO ACI'ION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED— 02/O6/2006 RESOLUTION CITY OF FEDERAL WAY MEMORANDUM DATE: November 10, 2009 TO: VIA: FROM: Parks, Recreation, Human Services and Public Safety Committee Brian Wilson, Interim City Manager Ray Gross, Emergency Management Coordirrator�j SUBJECT: Federal Way Community Center Agreement toUse as Dormitory Shelter BACKGROUND: In January of 2009, information was learned from the Army Corps of Engipeers, that a potential problem with the Howard Hanson Dam could result in significant flooding of the Green River Valley until repairs are made. If this flooding were to happen it has been projected that a large number of the evacuated Green River Valley population will need temporary sheltering. The Valley Cities, King County and the American Red Cross have been working on several sheltering models and plans over the year. One plan is to have a mega dormitory shelter located at one of the large facilities in Seattle, such as the Expo Center. As a back up to the mega shelter plan, the American Red cross would like to have several smaller dormitory shelters that are located on both sides of the Green River Valley, identified and ready to go. The American Red Cross has approached the City of Federal Way requesting to enter into an agreement (attached) with the City concerning the use of the Federal Way Community Center as a possible dormitory shelter. The American Red Cross as part of the agreement would have to ask the City of Federal Way for use of the Federal Way Community Center, of which, the City would have the ability to deny use of the facility. Also as part of the agreement between the American Red Cross and the City of Federal Way, the City would be able to invoice the American Red Cross the Community Center daily $5,750 operating cost, regardless of if the emergency gets a Washington State or Presidential Declaration of Emergency. cc: Project File Day File ':::f; >r: �ifr f.>. ;i>: ro; American Red Cross Serving King and Kitsap Seattle Office Bremerton Office PO Box 3097 PO Box 499 Seattle, WA 98114 Bremerton, WA 98337 Location: 1900 25�' Ave S Location: 811 Pacific Ave Te1:206-323-2345 Tel: 360-377-3761 Fax:206-325-8211 Fax:360-792-0498 Becoming a Red Cross Disaster Facility Disasters can be widespread: earthquake. or local: apartment fire, flooding, brushfire... On average, every 36 hours our Red Cross chapter is contacted to help people displaced from their homes by fire and natural disasters. Several times each year a disaster facility must be opened when multiple families aze affected. Common Questions on the Use of Facilities in a Disaster What could my facility be used for? Depending on the disaster, the Red Cross may request a facility for use as a shelter, service center, field kitchen, headquarters, warehouse, or other disaster response need. Using a facility for a shelter is by far the most common need. Who sets up the facility? Who supplies the cots, blankets, meals and workers? The Red Cross brings materials and trained staff and volunteers to setup, run and close the facility. The Red Cross provides snacks, drinks and meals. For large disasters, the National Red Cross sends additional supplies and workers. What type of building makes a good Red Cross facility? The Red Cross prefers a facility with a large multipurpose room or gym, a kitchen, easy disability access, and separate male and female restrooms. A dining area next to the kitchen and sleeping area, showers and laundry areas, are a plus. If a facility does not have a generator it will not be precluded from use as a Red Cross Facility. Does someone from my facility have to be there all the time? The Red Cross does not require that you have someone at the facility, but the facility owner or management may. May our people help in a shelter? Under ihe direction of the Red Cross shelter manager, your staff is welcome to volunteer. How does the Red Cross maintain control of the people in the facility? The Red Cross posts and enforces rules: No pets, weapons, smoking, drinking, etc. People must check in and out. If the facility is used as a shelter, the Red Cross will ha�e at least two trained shelter workers onsite at all times with cell phones. If security is an issue, the Red Cross calls the police or contracts with a security company (very rare). Does the Red Cross have insurance? The Red Cross insurance covers damage resulting from a facility's operation. The details aze available upon request ina Memorandum of Insurance. Once a facility opens, an official Certificate of Insurance can be requested; it will be sent by the National Red Cross Headquarters in about two days. Who pays the costs? To be frugal with donated money the Red Cross looks for facility owners to donate the use of their facility. The RedCross may pay for certain extra costs that occur due to the Red Cross' use, such as extra trash removal. How long is a facility open? Commonly a King County shelter is open no more than three or four nights; but in a lazge disaster this could extend to several weeks. This longer duration is often the case for service centers, field kitchens, headquarters, warehouses, etc. Does the Red Cross need my entire building? The facility is usually confined to several rooms; making it easier to control. You will work with a Red Cross facilityliaison to decide which rooms, entry points, and parking areas that the Red Cross may use. What if my facility is too busy or not available to be used when the Red C�oss ca/ls us? You are under no obligation. The Red Cross understands that your facility may not be available; thaYs why we strive tohave numerous facilities on our list. When a facility is needed, the Red Cross contacts several facilities, asking whichmight be available, and chooses the one that is the best fit for responding to the disaster. How will the information about facilities and contacts be used? The Red Cross only reveals the name and address of Open shelters and service centers to the public or media. Your contacts and phone numbers will not be released. We may supply government emergency managers with the list of potential facilities in their area, with their written agreement that the list is con�idential and may not be made public. Become a Red Cross disaster facility Contact American Red Cross serving King and Kitsap Counties 206-323-2345 Ask for Emergency Services concerning facility agreements. �a� �t� R �r� American Red Cross Together, we can save a tife Statement of Agreement For Use ofFacility This Agreement is made and entered into between the governing board of (school district, church, other organization) of Counry, state of Washington, and the American Red Cross serving King and Kitsap Counties, chapter of The American National Red Cross (Red Cross), collectively "the Parties." Recitals Pursuant to the terms of federal statutes, the Red Cross provides emergency services on behalf of individuals and families who are victims of disaster. (Official) is authorized to permit the Red Cross to use (school district, church, other organization)'s buildings, grounds and/or equipment required in the conduct of Red Cross disaster services activities, and wishes to cooperate with the Red Cross for such purposes. The Parties hereto mutually desire to reach an understanding that will result in making the aforesaid facilities of (school district, church, other organization) available to the Red Cross for the aforesaid use. Now, therefore, it is mutually agreed between the Parties as follows: 1. The (school district, church, other organization) agrees that, after meeting its responsibilities to its pupil/parishioners/members/clients, it will permit, to the extent of its ability and upon request by the Red Cross, the use of its physical facilities by the Red Cross for disasters victims. 2. The Red Cross agrees that it shall use reasonable care in the conduct of its activities in such facilities. 3. The Red Cross and (school district, church, other organization) agree to provide to each other, and update yearly, the point of contact information with each other by providing written notice, hand delivered or mailed to the parties at their respective addresses set forth be}ow, or at such other address of which either party shall notify the other in accordance with the provisions hereof. To: American Red Cross To: Serving King and Kitsap Counties Disaster Services—Logistics MSS PO Box 3097 Seattle, WA 98114-3097 (Location: 1900 25` Ave S) Atm: 4. At the time of a disaster, for each use of the facility, the parties agree to execute a Facility Agreement form. The parties, acting through their duly authorized officers, have executed this Contract as of the Effeetive Date. American Red Cross Serving King and Kitsap Counties o,-gan,Zar;on Chapter of the American National Red Cross Signature ofResponsible Authoriry/President.iGovernrng Boo�d Print Name TiHe EJJ'ecdve Date Phone Number Signature of Red Cross Disaster Operations Authority Print Name Title Date This Statement ofAgreement is valid until terminated in writing by eitherparty American Red Cross Facility Agreement DR#: Facility: and/or Name of Disaster: This agreement is made and entered into between ("Owner/Operator") and the [Chapter ofJ The American National Red Cross (collectively "the Parties") in order to provide physical facilities to support American Red Cross relief efforts far [DISASTER RELIEF NUMBER OR NAME OF DISASTER]. A. As such, OwnerlOperator agrees to: 1. Provide facilities, approximately square feet, known as [OR IF USING A PORTION OF BUILDING CLEARLY INDICATE SPACE PARAMETERS YOU WILL BE USiNG, ADD ATTACHMENT IF NECESSARY], located at (City) (State) (Zip) ("Facility/Property") for the sum of $0.00 or per day/weeklmonth, beginning on for a period of days/weeks/months ("Term"). The Parties may extend the term by mutual agreement. Owner/Operator agrees to provide the Red Cross with days prior written notice should Owner/Operator need to terminate this Agreement for any reason. 2. Provide support to access appropriate telecommunications resources. The instalIation, maintenance and removal costs of radios, telephones and related automation equipment will be borne by the American Red Cross, unless specified otherwise: 3. Provide support to access utilities and other resources. Indicate which party will be responsible for the cost of the following utilities, on a prorated basis, for utilities actually used during the Term: Water: Electricity:_ Furnishings: Other: 'These/other costs are further specified as:_ Gas: A separate agreement must be executed between the Parties for use and or reimbursement for any other OwnerlOperator services, including, but not limited to, personnel. B. Red Cross agrees: The Facility/Property will be returned to the Owner/Operator in the same condition as it was when occupied/acquired. Normal wear and tear is considered to be the responsibility of the Owner/Operator. Original to American Red Gross file Copy to Owner/Operator page 1 of 2 American Red Cross F6621 (King-Kitsap version 2/28/2007) American Red Cross Facility Agreement 2• The [Chapter of 1 The American National Red Cross agrees to defend, hold harmless and indemnify the Owner/Operator against any Iegal liability in respect to bodily injury, death and property damage to the extent arising from the sole negligence of the said Chapter during its use under this Ageement of the property belong to the Owner/Operator. C. Both Parties agree to the following: 1. No modifications or changes will be made to the Facility/Property by the Red Cross without the express written approval of the Owner/Operator. 2. Prior to occupancy, representatives of both Parties will inspect the Faci�ity/Property and will note any discrepancies and/or concerns on the inspection form attached to this Agreement as Attachment 1("Facility Survey"). 3. Prior to vacating the Facility/Property, representatives of both Parties will again inspect the Facility/Property to note any discrepancies and/or concerns on the release form attached to this Agreement as Attachment 2("Release of Facility). Normal wear and tear is considered to be the responsibility of the Owner/Operator. 4. Prior to occupancy, representatives of both Parties will document the food and supplies inventory. 5. Prior to vacating the facility, representatives of both Parties will document the food and supplies used by the Red Cross. The Red Cross agrees to replace and/or reimburse for any foods or suppIies that may be used by the Red Cross in the conduct of its relief activities in said Facility/Property. 6. Other provisions as folloWs: [FOR EXAMPLE, PARKING, ADA] 7. The American National Red Cross is a tax-exempt organization and generally is not subject to federal, state or local taxes. 8. Contact persons/agents for both Parties are identified as follows. Additional contact information may be included on a separate page and attached to this agreement: Red Cross Representative: Organization/Owner/Operator: Phone: Phone: The Parties, acting through their duly authorized officers, have executed this �greement on the date, below. The Chapter of The American National Red Cross BY� Date: By: Date: Print Name: Print Name• Title• Title: Original to American Red Cross file Copy to OwnedOperator page 2 of 2 America� Red Cross F6621 (King-Kitsap ve�sion 2/28/2007) Shelter Facilitv Surv Dlrections Send To: King Counry: American Red Cross serving King and Kitsap Counties Please print. Complete as thoroughly as possible. EmergenCy ServiCes—Logistics MSS lnsert "unknown" "none'' or "N/,4" if not applicable. p0 Bog 3097 Seattle, WA 98114-3097 Telephone numbers shoutd include area codes. West Sound: American Red Cross serving King and Kitsap Counties Add explanations at end of form or attach extra sheets. Emergency Services For assis�ance e-mail logistics@seattleredcross.org or call: PO Box 499 King Counry: 206-720-5296 West Sound: 360-377-3761 Bremerton, WA 98337 Facility Information Facility Name: Goveming Agency (such as school district for a school): Facility Street Address: City: Mailing Address (if different): GPS Location: Latitude: Facility Main Phone Number: Longitude: County: L,J Roadmm�er Map Locator: Thomas Guide Page: Facility E-mail: Grid: Faci]ity W ebsite URL: Facility Contacts Please include at least trvo contacts »�ith after hours numbers. To autf�orize facility use, call: To open facility, cail: Alternate contact to open facility, calt: Name Title I Daytime phone num er I A er-hours/emergency p one/pager number I Otlrer a ter- our contact num er Contact emai a ress Name Tit e I Davtime phone number I A ter-hours/emergency p one pager number I Other a ter- our corrtact num er I Contact emai a ress j Name it e aytime p one number A ter- ours emergency p one pager num r ther a ter- our contact num er ontact emai a ress Survey Completed By: Printed Name itle ate omp ete Potential Sleeping Areas Only /ist rooms that you may allow to be used for dormitory-sryle sleeping areas with cots. Large Room T}pes: Gym, Indoor Tennis Court, Multipurpose Room, Cafeteria, Meeti»g Room, Studios, Ctassroom, etc. Size: List the approximate usable sguare footage. (A 1000 sq.ft. room with 200 sq.jt of displav cases is listed as 800 sq.ftJ. Large Room Type (sleeping area) Room Name 1 Number Size (sa.frl CommentslFire Code Caoacitv/Floor Tvoe (w�nod. camet..l State: WA Zip Code: American Red Cross sen�ing King and Kitsap Counties version 1-06 of National Amerecan Red Cross form 6564, rev 12-0I Specialized Rooms Only check the rooms and equipment that you may allow to be used. Room Type Description Comments/Limita6ons Restroom Number Sinks Number ToiletslUrinals Number Showers Showers Total ADA Totai ADA Total ADA i Men's Women's Unisex/Famity Clinic (Such as, a school Nurse's D�ce) Number of Beds: Laundry Number of Washers: Number of Dryers: Kitchen �YPe� Fu11 commercial kitchen (large profession kitchen and appliances) Full residential kitchen (kitchen with full-size home appiiances) Warn►ing kitchen (used to store and reheat food made off=site) Partial kitchen Equipment: Oven Warming Oven Refrigerator Sink Grill Microwave Oven Freezer Dish Washer Stove: Number of Burners: Gas Electric Eating TYPe� Snack/Break Room Seating Capacity: Cafeteria Seating Capacity: Other: Seating Capac Limitations on Facility Use Is facility available year-round? �Yes ONo Are areas to be used for shelter ADA accessible? �Yes ❑No If No, list date restrictions: If No, list non-compliances: Facility is in an area designated as: ❑In a flood plain: ❑100-year event. ❑500-year event. ❑In an evacuation zone. For: Are some operations reqnired to be performed by facility union or Other availabiliry restrictions or limitations for use? DYes �No contractor staff (such as food preparation)? ❑Yes �No If Yes, list: If Yes, list: Facilitv and Grounds Facility Construction �Wood Frame ❑Concrete ❑Brick ❑Metal �Prefabricated ❑Other: Number of stories: year(s) of Athletie fie)d(s): Number. Athletic court(s): Number: Is the facility securable (fenced). Parking and Public Transportation Number of parking spaces: Is the facilitv near a bus route? Total Size: sq:ft. Total Size: sq.ft. ❑Yes �No Itilitipc Handicapped spaces: Fire Safety Does the facility have fire sprinklers? ❑Yes �No Does the facility have fire alarm? �Yes ONo Does the facility have smoke/fire detectors? �Yes �No Potential Sleeping Areas (gymnasiums, mu(tipurpose rooms etc.) Are there windows in potential sleeping areas? �Yes �No If Yes, are the windows safety glass? ❑Y�s DIVo If Yes, are there window covers/blinds? ❑Yes �No Facilit�r layout �Attach a Facility Floor Plan (may be a simple drawing), label rooms (gymnasium, multipurpose, kitchen, etc.) that can be used. 7ypelDescription Comments Electricity Backup generator? ❑Yes ❑No Powers entire facility? ❑Yes �No Gas Type: �Natural Gas �Propane Source: �Municipal ❑Tank Water �Type: �Munieipal Water �Wel) �Other: Sanitation Type: �Municipal Sewer ❑Septic System ❑Other: Telephones �Payphones? �Yes ❑No Trash Colleetion Trash dumpster? ❑Yes �No ane� i L�st: Additional Information 2 orz COUNCIL MEETING DATE: November 17, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL MEETING DATE: November 10, 2009 5us.�cT: Services Agreement for The Commons at Federal Way Police Services POLICY QUESTION Should the City of Federal Way, Federal Way Police Department allow ratification of the Service Agreement between the City Of Federal Way and Steadfast Commons II, LLC for police services at The Commons Federal Way for the term on January 1, 2010 to December 31, 2010? COMIVIITTEE Parks, Recrearion, Human Services and Public Safety Council Committee (PRHS&PS) CATEGORY: Consent Ordinance City Council Business Resolution STAFF REPORT BY: SANDY TUDOR, LIEUTENANT Attachments: 1. PRHS&PS Memo 2. The Commons at Federal Way Police Service Agreement Options Considered: 1. Accept The Commons Agreement 2. Reject Agreement Public Hearing Other ITEM DEPT Police Department STAFF RECONIlVI�NDATION Staff recommends Option 1- to enhance safery an secu riry at t he Mall CITY MANAGER APPROVAL: ��✓'l1� Committee APPROVAL: Co� a..x p 2 �°9 co,�a�i JPROPOSED COUNCII. MOTION "I move approval of entering into the Servic�s/Agreement with Steadfast Commons II, LLC for Police Services for The Commons at Federal Way and authorize Interim City Manager Brian Wilson to sign such Agreement. "'M� }e�� f-1� 5 ��°r �p�,� Z°) (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPRO VED COUNCIL BILL DENIED 13T reading TABLED/DEFERR�D/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED 02/06/2006 RESOLiTl'ION COMMITTEE RECONIMENDATION: PRHR&PS recommends Option CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: November 10, 2009 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, Interim City Manager FROM: Andy Hwang, Acting Chief of Police SUBJECT: Acceptance of the Interlocal Agreement Between the City of Federal Way and the Commons Ma11 Management Company. Back�round Officers who are assigned to work at the Commons Ma11 are commissioned police of�icers providing full law enforcement and security services for the Commons Mall property. The Ma11 Resource Officers provide the opportunity for increased safety and security for patrons and businesses which enhances the environment for greater commerce, increases public perception of safety, and broadens our outreach and visibility in the community. The original Commons Mall agreement was first set in 1999 and has been renewed by both parties each year. The term of this Interlocal Agreement is for one year, commencing January 1, 2010. Thereafter, this Agreement sha11 come up for renewal again in 2011. This agreement has been reviewed and approved by the legal departments of both parties and is ready for final signatures. +�9T'� (3� t'I�1' �f�LL �33xv �t� �i'dEP1L? �.�iQt�C^: P►.� B�k �7'1� F'ed�'�1 k1+�t'}: v�eR �BE3�3-9''1$ s,L�Wj �:��-�(3�r f�wr�v f; Q,�.il�axiw�3y: cnrr SERVICES AGREEMENT FOR THE COMMONS AT FEDERAL WAY POLICE SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Steadfast Commons II, LLC, a Delaware limited liability company ("Owner"), owner of the Commons at Federal Way ("Property"). The City and Owner (together "Parties") are located and do business at the below addresses: STEADFAST COMMONS Il, LLC: CITY OF FEDERAL WAY: Lisa Whitney 1928 S. Commons Suite B Federal Way, WA 98003 253-839-6156 (telephone) lwhitney@steadfastcompanies. com The Parties agree as follows: Andy Hwang, Acting Chief of Police 33325 8�' Ave S P.O. Box 9718 Federal Way, WA 98063-9718 (253) 253-835-6701 (telephone) (253) 253-835-6739 (facsimile) Lvnette. allenna,citvoffederalwav. 1. SERVICES. The City shall perform the services more specifically described in Exlubit "A", attached hereto and incorporatedby this reference ("Services"). 2. TERM. The term of this A�eement shall be for one year coYrnnencing on January 1s`, 2010. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth set forth at the beginning of this Agreement. Either Party may terminate this Agreement immediately if the other Party defaults or ma.terially breaches the Agreement. 4. COMPENSATION. In return for the Services, the Owner shall pay the City �fty percent of the cost of the salaries and benefits of each officer assigned to the Property far the time periods that they are assigned there. The numbers of hours and total rate shall be as set forth in Exhibit "B" attached hereto and incorporated by this reference ("Compensation"). The City shall invoice and the Owner shall remit one twelfth of the total yearly compensation on a monthly basis. From time to time the Parties shall agree on any adjustment in rates. 5. INDEMNIFICATION. 5.1 Owner Indemnification. The Owner agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representarives, and volunteers harinless from any and all claims, demands, acrions, suits, causes of acrion, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties e�enses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or enrities, including, without limitation, their respective agents, licensees, or representarives; arising from, resulting from, or in connecrion with this Agreement or the performance of this Agreement to the extent caused by the negligent or intentional acts, errors, or omissions of the Owner, except for that portion of the claims caused by the City's sole negligent or intentional acts, errors, or omissions. 5.2 Citv Indemnification. The Ciry agrees to release, indemnify, defend and hold the Owner, its officers, directors, shareholders, partners, employees, agents, and representatives harmless from any and all claims, demands, acrions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabiliries, losses, fines, fees, penalties e�cpenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or SERVI A GREEMEN T +C�T�' �3� �1�1' �HL� ��3: �4h �iw'eer�� P;J B+sk �#7'i �'$s�$ra31���' +Pd;� 9gi3�3-9T1$ S o:i�J-f k64�Yt�V f;;: jlX COf; t entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from ar connected with this Agreement to the extent caused by the negligent or intentional acts, errars, or omissions of the City, except for that portion of the claims caused by the Owner's sole negligent or intentional acts, errars, or omissions. 5.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or ternunation. 6. INSURANCE. The City agrees to carry as a minimum general liability insurance in the amount of at least $1,000,000 single limit and $2,000,000 aggregate, which includes property liability. City shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at Owner's request, furnish copies of all insurance policies and with evidence of payment of premiums or fees of such policies. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. CONFIDENTIALITY. All information regarding the City obtained by Owner in perforn�ance of this Ageement shall be considered confidential. Breach of confidentiality by the Owner will be grounds for immediate termination. If the Ciry notifies the Owner of a public disclosure request, and the Owner believes records are exempt from disclosure, it is the Owner's responsibility to make determination and pursue a lawsuit under RCW 42.56.540 to enjoin disclosure. The Owner must obtain the injunction and serve it on the City before the close of business on the tenth business day after the Ciry sent norification to the Owner. It is the Owner's discretionary decision whether to file the lawsuit. If the Owner does not timely obtain and serve an injunction, the Owner is deemed to have authorized releasing the record. If the Ciry has notified the Owner of a public disclosure request, and the Owner has not obtained an injunction and served the Ciry with that injunction by the close of business on the tenth business day after the City sent notice, the City will then disclose the record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the above, the Owner must not take any action that would affect (a) the City's ability to use goods and services provided under this Agreement or (b) the Owner obligations under this Agreement. The Owner will fully cooperate with the City in idenrifying and assembling records in case of any public disclosure request. 8. INDEPENDENT CONTRATOR The Parties intend that the City shall be an independent Contractor and that the Ciry has the ability to control and direct the perforn�ance and details of its work, the Owner being interested only in the results obtained under this Agreement. The Owner shall be neither liable nor obligated to pay City sick leave, vacation pay or any other benefit of employment, nor to pay any social security ar other ta7c which may arise as an incident of employment. 9. GENERAL PROVISIONS. 9.1 Inter�retation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parries with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral ar written, shall be effective for any purpose. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Ageement, the tern� of this Agreement shall prevail. The respective caprions of the Sections of this Agreement are inserted for convenience of reference only and, shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representarives of the Parties. 9.2 Assignment and Bene�ciaries. Neither the Owner nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protecrion and benefit of the Parties hereto. No other person or entiry shall have any right of action or interest in this Agreement based on any provision set forth herein. SERVICES A 2 k M. +y`:. �'IT1' �Ai.L .�1J��.�i �t�'? �1x'@YE�s�' c ��E �i� �Si7k F8t#�taf �'�8}' '�PdA �30�3-9?'18 �"?f o:�5-��t:� 4b'LYt�V C,`:�C7:?6\'f�'17?l�WF3S'-COf.'i 9.3 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumularive with all other remedies available at law, in equity or by statute. The failure of a Party to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of a Party to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of a Party to declare one breach or default does not act as a waiver of the Ciry's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King Counry, Washington, unless the parties agree in writing to an alternarive process. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 9.4 Execution. Each individual executing this Agreement on behalf of the City and Owner represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Owner or the City. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof i� shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of a11 of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] SERVI AGREEMENT 3 r ;w;;, +1�`, i: :�It. �'IT1' Nr�IL �33�� �4I3 Rcaen�:� �Cr: P�J B�x �7'€� !�@L1�:'�l �'�1s''7?; +��;�i �3�3fi3'9Y 1$ ���v�f o:3J^!�}:JV �64riY 5:::}23:�t5`'F�1�?tZ4�£3k CZrf: F IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Interim City Manager, Brian Wilson DATE ATTEST: City Clerk, Carol McNeilly, CMC APPROVED AS TO FORM: City Attorney, Patricia A Richardson STEADFAST CONIMONS II, LLC By: Printed Name: Title: DATE: STATE OF WASHINGTON ss. COUNTY OF On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 200_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission e�ires SERVI AGRE EMENT 4 +c�T'� 8� rIT1' �raLL ��3::. �4i� fiw'er��? 5ot�� P;� ��x �7'i F'ed8?'�1 L'i��i}' ijt'.� �3f353-97'18 {"��f o:�r5-°tt3:Mr 464'Ybv L'f:yO;�E\i�iz?iwY35:CfX.'t EXHIBIT "A" SERVICES 2 3 The City will provide to the Property three (3) full time, experienced police officers ("Contract Officers") to provide security (iri addition to other policy duties) for the Property, its businesses, tenants, and customers. The Contract Officers will wark in conjunction with private security or other police agency representatives employed by the Owner at the Property or any of the Property` s stores or tenants. Contract officers will combine foot patrol and vehicle patrol of the Property, including its parking lot and perimeter, with office, booth, or kiosk fixed positions to provide security, visibility, and police services. Contract Officers will lose no benefits, assignment, training, or promotional opportunities due to the Agreement. Contract Officers will be assigned in one (1) year increments, but may be rotated to address City needs or Owner interests. The Property will be considered by the City as a mini-beat within the general geographical dispersal structure of the City, placing it as a section within a regular beat. The regular beat officer, in which the Property mini-beat exists, will provide presences and response capabilities consistent with general beat management strategies. The Property's coverage by the regular beat officer will not be reduced by the presence of the Contract Of�cers or by the use of other police agency representatives or private security staff or agency representatives in the Property or in individual stores. All supplemental police services will remain unaffected by the coverage provided for in this Agreement. During assigned periods, the Contract Officers will respond to police or public safety incidents. If the matter can be resolved by the Contract Officers expediently, no general assignment or specialized assignment officers will need to respond. If needed, as determined by the City, other officers will be dispatched as in the resolution of any similar matter through the City. If the incident requires extended investigation or follow-up investigation away from the Property, or prisoner transportation general assignment officers will relieve the Contractor Officers to allow them to resume the Contract Officer duties as soon as practical. The City will retain control over the Contract Officers and the Contract Officers will work under the general and direct supervision of the Federal Way Police Department and the City. The Contract Officers will work in a full duty status while on duty as in any Police Department duty assignment, and will adhere to departmental policies and procedures. Contract Officers will be in uniform during duty hours and will be provided with regularly used police equipment including vehicles and radios. The City may at its option also provide bicycles, computers, or other equipment. The Owner may provide office space, a public access kiosk, or other facilities. Property Management may coordinate the security efforts of the Contract Of�cers on a day-to-da.y basis, consistent with City policy, to assure continuity, coverage, and coordination of efforts; provided that in the event of a conflict between any direction from the Owner or its agents and the City, the City direction shall control. Contract Officer absences due to illness, time off, or training will be replaced by general assignment police of�cers, to maintain a continuity of coverage, when the absence will result in no Contract Officer being on duty at the Commons Mall for that day. The number of shifts shall be set in Exhibit B Compensation, and may be reduced based on the level of compensation actually provided to the City. Specific hours of coverage will be established by the City in conjunction with the Property management. SERVICES AGREEMENT 5 +C9Tlr' 43� �'IT�' #�ALL ��3:,�. Et 4i 3 �'1,7e �aC,�.�C� Ps3 Bt�k �71� �P.�FJr�S l�YS��� Y!�^l .�J������J��� ��Jrf O.�S k62yEV L'.`:}4;�1£!2?t�{Y3f:CCJ(`F EXHIBIT "B" COMPENSATION In 2010 the City will provide the Contract Officers for a total of eleven (11) ten-hour shifts per week. The 2010 rate (50% of the cost to the City) for this coverage is a total of One Hundred and Thirty Seven Thousand, Six Hundred and Forty Five and No/100 Dollars ($137,645.00) per year or Eleven Thousand Four Hundred and Seventy and 42/100 Dollars ($11,470.42) per month. SERVICES AGREEMENT 6 COUNCIL MEETING DATE: November 17, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL 5uB.�ECT: 2010 Diversity Cornmission Work Plan ITEM POLICY QUESTION: SHOLJI.D Tf-IE CTi'Y OF FEDERAL WAY ACCEPT THE DIVERSTTY COMMISSION BUSINESS PLAN FOR 2010? COMMITTEE: PRHSPS CATEGORY: Consent City Council Business Ordinance Resolution STAFF REPORT BY: LYNNETTE HYNDEN, HLJMAN SERVICES MANAGER Attachments: Memarandum to PRHSPS Council Committee October 26, 2009 2010 Diversity Commission Wark Plan. MEETIlVG DATE: November 10, 2009 0 Public Hearing Other DEPT: Community Develapment Services Department Options Considered: 1. Recommend approval of the 2010 Diversity Commission Work Plan. 2. Amend and approve the praposed 2010 Diversity Commission Work Plan. 3. Do not recommend approval of the 2010 Diversity Commission Work Plan. STAFF RECOMMENDATION Option 1 is recommended. CITY MANAGER APPROVAL: 3 CTOR APPROVAL: vrf Committee Council Committee Council COMMITTEE RECOMMENDAT'ION: "I MOVE TO APPROYE OPTION Committee PROPOSED COUNCII. MOTION "I move approval of option Member (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL DENIED 1 reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED 02/06/2006 RESOLiTi'ION tf .f{��T,'r,p- rt �3TY t�� MEMORANDUM Date: October 26, 2009 From: Lynnette S. Hynden, Human Services Manager To: PRHSP ouncil Committee Via: Greg F s, Community Development Services Department Director Subject: 2010 iversity Commission Work Plan Back�round Each year the Diversity Commission develops their yearly work plan during a summer month retreat. This year will be the Diversity Commission's first yearly work plan that runs consecutively with the budget cycle and conforms to other city Commissions. As reported last year, starting in 2010, the Diversity Comrrrission, will begin developing their Work Plan to commence each January. At the Commission's August 2009 retreat, they developed and approved the attached proposed 2010 Work Plan. The primary activities of the plan include, but are not limited to, the following: Make recommendations, whenever necessary, to the City Council to ensure differences are considered in the decision-making process. By working closely with the City government, the Diversity commission can continue to promote and support the City's Diversity programs. Support and develop projects considered community tasks that promote the mission and purpose of the Diversity Commission such as the Martin Luther King, Jr. annual event, food drive, community projects and possibly a book drive or other "project" opportunities as they present themselves during the year. Conduct outreach and public education efforts within the Federal Way community. Inform the public, through various means, on the Diversity Commission's mission, purpose and activities in Federal Way. The Business Plan is attached for your review Diversity Commission Recommendations: On October 10, 2009 the Commission approved sta�s recommendation by adopting the attached Work Plan. Staff Recommendation: Approve the 2010 Diversity Commission Work Plan, Option 1, and forward to the full Council under the consent agenda for approval at the November 18, 2009 City Council Meeting. City of Federal Way Diversity Commission 2010 Work Plan Purpose: Advises the City Council on policy matters involving the community's cultural and ethnic differences, ensuring that these differences are considered in the decision-making process. Mission: To help Federal Way become a community that is united amidst diversity, where each individual is respected, equally valued, equally needed, and equally cherished. Equality is not sameness; it is equivalent value. Brand Promise: The Diversity Commission is dedicated to helping Federal Way become a city where all peo,ple have a feeling of belonging and shared community, where there is equal access to infoi�mation and resources for all, and where there are equal opportunities for a1L 1. Make recommendations, whenever necessary, to the City Council to ensure differences are considered in the decision-making process. By working closely with the City government, the Diversity Commission can continue to promote and support the City's Diversity pragrams. Commissioners will make efforts to attend the monthly council committee meetings in order to build relationships and diversity awareness. Members will take turns attending meetings to provide possible comments or input on upcoming relevant policies as they pertain to diversity issues. 2. Develop and support project(s) considered community tasks that promote the mission and purpose of the Diversity Commission. The Commission will support, organize, and provide community forum(s) to achieve the Brand Promise. The promise to convey to the community is that the Diversity Commission is interested in improving communication and providing opportunities to all for equal access to information. The Commission plans on three forum(s), one per each quarter, and will delve into topics considered relevant to the community. The purpose is to solicit feedback and insight into the multicultural communities within Federal Way. Other potential tasks the Commission will support are: o Martin Luther King Community Celebration o Book Drive o Community Garden o Food Drive/Community Service Projects Diversity Commission 2010 Work Plan Page 2 3. Conduct outreach and public education efforts within the Federal Way community. Inform the public, through various means, on the Diversity Commission's mission, purpose, and activities in Federal Way. Potential Tasks Community forum(s) that will provide a platform for Commissioners to listen and get feedback from the residents of Federal Way. Other communication vehicles that might be explored include: o Utilize media resources (i. e. Channe121), the City's website, and other methods to get the word out. o Conduct community presentations to various civic organizations (i.e. Rntary, Kiwanis, etc.) explaining the role of the City in support of a community united amidst diversity. o Create and distribute the diversity materials within the City of Federal Way to ensure that equality is not sameness but equivalent value. o Develop written articles for local newspapers that highlight success stories of individuals/families being supported by the Diversity Commission work plan. 4. Develop partnerships with churches, human services �gencies, schools, and other potential stakeholders to increase coordination, marketing, and outreach efforts to promote awareness and collaboration around diversity issues. Create synergy with various communities leading to strong relationships and identification of those communities' leaders. Potential Tasks Explore other funding sources and opportunities for the Diversity Commission in order to promote the Commission's purpose and mission. E�cplore efforts to increase collaborating and promoting joint efforts with other city commissions and community partnerships that promote the mission and purpose of the Diversity Commission. COUNCIL MEETING DATE: November 1'7, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM Sus.TECT: 2010/2011 Hiunan Services Commission Work Plan POLICY QUESTION: SHOUI.D THE CTl'Y OF FEDERAL WAY ACCEPT THE HiJMAN SERVICES CONIMISSION WORK PLAN FOR 2010/2011? COD'IlVIITTEE: PRHSPS CATEGORY: Consent City Council Business Ordinance Resolution MEETIlVG DATE: NOVember 10, 2009 Public Hearing Other STAFF REPORT BY: LYNNETTE HYNDEN, HUMAN SERVICES MANAGER DEPT: Community Development Services De�artment Attachments: Memorandum to PRHSPS Council Cornmittee October 26, 2009. 2010 and 2011 Human Services Commission Work Plan. Options Considered: 1. Recommend approval of the 2010/2011 Huinan Services Commission Work Plan. 2. Do not Recommend approval of the 2010/2011 Hiunan Services Commission Work Plan 3. Amend and approve the proposed 2010/2011 Hiunan Services Commission Work Plan. STAFF RECOMNIENDATION Option 1 is recommended. CTTY MANAGER APPROVAL: jfyy, d IItECTOR APPROVAL: Committee Councit C ommit�ee Council PROPOSED COUNCIL MOTION "I move approval of option V'' (BELOW TO BE COMPLETED BY CITY CLERXS OFFICE) COLJNCIL ACTION: APPRO VED COUNCIL BILL DENIED I reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED 02/06/2006 RESOLUTION COMMITTEE RECOMMENDATION: "I MOVE TO APPROVE OPTION �.t. ��rv MEMORANDUM Date: October 26, 2009 From: Lynnette S. Hynden, Human Services Manag To: PRHSPS o cil Committee Via: Greg Few���Community Development Services Director Sub�ect: 2010/2011 Human Services Comrrussion Work Plan Background Each year the Human Services Commission develops an annual Work Plan that directs their activities for the year. This year the Work Plan was delayed due to the delay by HLJD in directing our CDBG dollars to King County and then King County administering them to our city. At the Commission's August 2009 retreat, they developed and approved the attached proposed 2010/2011 Work Plan. The recommended change to a two year work plan cycle coincides witk the Commission's primary function to make funding recommendations to Council. The Human Services General Fund grants are awarded every two years. The GDBG program dollars are also awarded every two years. It is the CDBG capital grants that are awarded yearly; however, timing of when we receive the final go ahead to start the capital project funding is driven by the Federal Government and is not predictable. Over the ne� two years, the proposed primary actives include, but are not limited to, the following: Make a recommenda.tion whether the City of Federal Way should receive its CDBG Community Development Block Grant funds directly from HUD or remain a Joint Agreement City under the King County Consortium umbrella for another 3-year contracted term. Update the Human Services Divisional Consolidated Plan for 2011. Conduct the 2010/11 CDBG program services and 2011 capital allocation process culminating in funding recommendations to the City Council. Conduct the 2011/12 Human Services General Fund allocation process and make funding recommendations to the City Council. The Work Plan is attached for your review. Human Services Commission Recommendations: On October 19, 2009 the Commission approved staf�s recommendation by adopting the attached Work Plan. Staff Recommendation: Approve the 2010/11 Human Services Commission Work Plan, Option 1, and forward to the full Council for approval at the November 20, 2009 City Council Meeting Consent Agenda. City of Federal Way Human Services Commission 2010 and 2011 Work Plan 1. Make a recommendation to the City Council to determine the Community Development Block Grant (CDBG) funding options. The recommendation will explore whether or not to become a direct entitlement City or stay in the King County Consortinm for three- year contractual terms. This will have to be completed before the current contract expires in 2011. Tasks Review the preliminary evaluation of the proposed 2011/12 budget, as part of the decision to become a direct entitlement City. IDetermine appropriate funding levels for staff salaries, expenses, and revenues. Review any proposed changes to the Joint Interlocal Agreement regarding the CDBG program. Recommend to the City Council whether the City should become a direct entitlement city or not. Update the City of Federal Way's Human Services Consolidated Plan and recommend the final product be adopted by the City Council. 2. Conduct the 2011/12 CDBG public services and 2011 capital allocation process and make funding recommendations to the City Council. Tasks Review estima.ted funding available. Review and evaluate applications. Conduct applicant interviews as needed. Hold a public hearing on CDBG recommenciations to obtain citizen input. Deliberate and make funding recommendations to the City Council. Develop survey for agencies to evaluate the CDBG application process and review the results from the survey. 3. Conduct the 2011/12 Human Services Grant allocation process and make funding recommendations to the City CounciL Tasks Review estima.ted funding available. Review and evaluate applications. Conduct applicant interviews as needed. Hold a public hearing on Human Services Grant recommendations to obtain citizen input. Deliberate and make funding recommendations to the City Council. Human Services Commission 2011 and 2012 Work Plan PaQe 2 4. Review the contract performance of Human Services and CDBG recipients. Tasks Review the quarterly reports submitted to the Human Services Division to evaluate the contract performance of human service agencies and c�etermine if performance goals are being met. Invite and include funded agencies at monthly HSC meetings, which will allow Commissioners to build relationships with grant supported programs. 5. Briefmgs for potential action or gain awareness on timely sub-regional, regional, and federal trends and activities pertaining to CDBG and Human Services. Task Receive monthly briefings from the Human Services Manager on participation, activities, and action taken while representing either the City of Federal Way or South King County. 6. Work closely with all levels of City government to promote continued support of the City's Human Services Program. Task As necessary, attend the Parks, Recreation, Human Services, and Public Safety (PRHSPC) Council Committee and City Council meetings. 7. Conduct outreach and public education efforts within the Federal Way community and inform the public, through various means, on the human service activities in Federal Way. Tasks Support two written articles for the local newspapers that highlight the success stories of individuals/families being served through human service programs supported by the City. Work with human service agencies receiving support from the City to highlight the City's support. Create subject matter committees that will have on-going dialogue with the community and agency partners on topical issues impacting residents of Federal Way. Communicate to the local community and agencies the commission's desire to have current and reliable data to continually assess Human Services delivery gaps in the community. COUNCIL MEETING DATE: November 17, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM 7A REVISED SUBJECT Special Election Dates far the Elected Mayor POLICY QUESTION: KING COUNTY ELECTIONS SETS THE SPECIAL ELECTION DATES FOR THE MAYOR. COMMITTEE: N/A CATEGORY: Consent City Council Business Ordinance Resolution MEETING DATE: Public Hearing Other STAFF REPORT BY: PAT RICHARDSON, CITY ATTORNEY DEPT: Law Upon certification by King County Elections the City's form of government will change to Mayor-Council under Title 35A, Chapter 12 of the RCW. Under State Law the election for the Mayor must occur in 2010. In the last legislative session the State Legislature limited the number of dates for special eiections. If there are three or more candidates for the Mayor position, there will be a special primary election and a special general election. The City Council can select the election dates for the elected Mayor to go to the voters (see attached letter from King County). The following 3 dates are available: 3. Apri127, 2010, special general election a. If needed, the special primary election would be February 9, 2010 b. King County needs to know before December 9, 2009 as the filing period would be December 9, 10, 11, 2009. August 17, 2010, special general election a. If needed, the special primary election would be Apri120, 2010. November 2, 2010, S'tate general election a. City Clerk transmits certified ordinance regarding change of government to the Secretary of State in 2010. b. If needed State primary election would be August 17, 2010. A proposed Resolution is attached. King County has not yet provided an estimated cost of the special election(s) in 2010. Options Considered: 1. Pass a resolution establishing the election for Mayor be set for Apri127, 2010, special general election. 2. Pass a resolution establishing the election for Mayor be set for August 17, 2010, special general election. 3. Pass a resolution establishing the election for Mayor be set for November 2, 2010, State general election. 4. Do not take formal action at this time. Renote matter for further discussion on the December 1, 2009 council meeting agenda. STAFF RECOMMENDATION: n/a /1 1 CITY MANAGER APPROVAL: �f� DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option Number (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL DENIED 1sT reading TABLED/DEFERRED/NO ACTION EnaMment readi� MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED— 02/06/2006 RESOLUTION K:�agenda item\counciA2009Unayor election dates revised a King County Department of Elections Sherril Huff, Director RNT-EL-01U0 9010 E. Margina( Way S. Tukwila, WA 98108 206-296-154p 'i"TY Relay: 711 www.kingcou nry. gov/elettions November 16, 2009 Carol A. McNeilly City Clerk City of Pederal Way 33325 8th Avenue Sauth PO Box 9718 Federai Way, Was�ington 98063-9718 Re: Change of Government and Election of Of�icezs Dear Ms. McNeilly: Thank you for your recent inquiries regazding the election dates for new city officers should the Federal Way change of government proposition pass. As you know, the measure is currently passing so it is important for both the City and the County to begin prepari.ng for the election of the new officers. I know that you and your city attorney have been looking at RCW 35A.02.050 which addresses the election of new off cexs when a city reorganizes under a different general plan of government. That sta#ute refers to the prior version of RCW 29A.04.330 and special election dates for cities. Under RCW 29A.04.330, a city calls a special election by presenting a resolution to the Electzons Director. Based on this stah�te, King County Elections is awaiting direction from the City of Federal Way in the form of a resolution for the election dates for the new officers. As you are aware, the law requires that a primary precede the election of the officers_ If the City of Federai Way chooses to have the primary on Febrnary 9 and the election on Apri127, the statute requires that the resolution be filed with King County Elections by December 23. However, because we will need to hold a special three-day filing period, we will need to lrnow before December 9 if the City intends to have the elections in February and April. We will then plan to hold the three-day filing period on December 9, 10, and 1 l. If the City chooses to have the primary on Apri127 and the election on August 17, the statute requires the resolution to be filed with King County Elections by March l2. We will determine the dates for #he three-day filing period at that time. Carol A. McNeilly City Clerk November 16, 2009 Page 2 of 2 Please feel free to contact me if you have any questions. I look forward to receiving the City's resoIution regarding the election da#es. Sincerely, Sherril Huff Elections Director cc: Peter Beckwith, Federal Way Assistant City Attorney Janine Joly, King County Senior Deputy Prosecuting Attorney Sandy McConnell, Program Mana.ger, Elections Operations Janice Case, Elections Operations Supervisor RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, calling for a special election to be held on 2010, for the election of the Mayor. WHEREAS, the City of Federal Way, Washington was formed in February 1991 as a noncharter code city under Chapter 35A.13 RCW, Council-Manager form of government; and WHEREAS, a petition sufficient in form and signatures was previously filed with the City Clerk of the City of Federal Way petitioning that the City of Federal Way abandon its Chapter 35A.13 RCW noncharter code city Council-Manager ("Council-Manager") form of government and reorganize as a Chapter 35A.12 RCW noncharter code city Mayor-Council ("Mayor-Council") form of government; and WHEREAS, pursuant to Resolution No. 09-554, the issue of reorganization was submitted to the registered voters of the City of Federal Way in a general election held on November 3, 2009; and WHEREAS, the majority of the votes cast were in favor of reorganization of the City of Federal Way as a Mayor-Council form of government; and WHEREAS, pursuant to said election results the City of Federal Way shall abandon its current Council-Manager form of government and reorganize as a Mayor-Council form of government as provided in RCW 35A.06.060 and shall hold municipal elections for a Mayar pursuant to RCW 35A.02.050; and WHEREAS, in order to hold said elections, RCWs 35A.02.050 and 29A.04.330 require that the City of Federal Way submiY a resolution to the King County Auditor requesting a special election. Resolution No. 09- Page 1 of 3 Rev 3/09 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Schedulin og f a Special Election Pursuant to RCW 35A.02.050. A special election for the purpose of electing the City of Federal Way Mayor shall be held on 2010. The special election shall be preceded by a primarily election on 2010, if so required. Section 2. Duties of the Citv Clerk. The City Clerk is directed to forward a copy of this Resolution to the King County Auditor. Section 3. 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 4. Corrections. The City Clerk and the codifiers of this resolution aze 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 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective upon passage by the Federal Way City Council and certification by King County Elections that the majority of the votes cast in the November 3, 2009, elections were in favor of reorganization of the City of Fed�ral Way as a Mayor-Council form of government. Resolution No.09- Page 2 of 3 Rev 3/09 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 3 Rev 3/09 COUNCIL MEETING DATE: November 17, 2009 ITEM b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY MANAGER RECRUITMENT PoLICY QuESTTO1v: Should the Ciry Council amend the agreement with Prothman to conduct the City Manager Search since the voters have apparently approved Proposition 1, which changes the City's form of govermnent from Council-Manager to Mayor-Council anticipated to be effective in May 2010? COMNIITTEE N/A CATEGORY: Consent X City Council Business Ordinance Resolution MEETING DATE N/A Public Hearing Other STAF REPORT BY M ary McDo ugal DEPT Hwnan Reso�ces In August 2009, the CSty Council entered into an agreement with Prothman to conduct a search for a City Manager. The agreement was amended in September 2009 to reflect a revised timeline for the search due to the change of government petition on the November 3, 2009 general election ballot. The revision ea�tended the recruitment period after the election so the results of the ballot measure would be la�own. While the election results have not been certified, it appears that Proposition 1, which changes the City's form of government from Council-Manager to Mayor-Council is passing. Attachments: Prothman Agreement Possible Options: 1) Amend Prothman agreement scope of services, including Hmeline, as specifically directed. 2) Terminate the agreement by providing thirty (30) days notice as set forth in Section 3 of the agreement 31 Other STAFF RECOMbIENDATION N/A /I /0 CITY MANAGER APPROVAL: ,�I DIRECTOR APPROVAL: IwV►�v Committee Council Committee Council COMNIITTEE RECOMMENDATION: N/A Co mrrri tt e e C hair Committee Member Cornrrrittee Member PROPOSED COUNCII., MOTION `7 move approval of (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL DENIED 1 TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED 02/06/2006 RESOLiTTION RETC7RN TO: OF FED�'R.AL WAY LAW DEPARTMENT RE UEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROU S LIP 1. ORIGINATING DEPT./DIV: 2. ORIGINATING STAFF PERSON: EXT: 3. DATE REQ. BY: 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) �O�UBLIC WORKS CONTRACT D SMALLPUBLIC WORKS CONTRACT .�T PROFESSIONAL SERVICE AGREEMENT MAINTENANCE AGREEMENT o GOODSANDSERVICEAGREEMENT HUMANSERViCESICDBG REAL ESTATE DOCUMENT O SECURITY DOCUMENT (E.c. sorm�Ln ORDINANCE RESOLUTION CONTRACTAMENDMENT(AG#): 0 OTHER 5. PROTECT NAME: 6. NAME OF CONTRACTO] ADDRESS: .�p SIGNATURE NAME: �TELEPHONE a[�Io �.�oX �-Ct�50 TITLE ��.1 7. EXHIBITS AND ATTACHMENTS: scoPE WORK OR SERVICES O COMPENSATION O INSURANCE REQUIREMENTS/CER"fIFICATE O ALL OTHER REFERENC�D EXHIBTfS PROOF OF AUTHORITY TO SIGN O REQUIRED LICENSES PRIOR CONTRACT/AMENDMENTS S. TERM: COMMENCEMENT DATE: v I O� COMPLETTON DATE: ��ec_ex�b�.�r 3 d�C.C1; 9. TOTAL COMPENSATION (INCLUDE E}�ENSES AND SALES TAX, IF ANY� (IF CALCULAfED ON HOURLY LABOR C GE -ATTACH SCHEDUI,ES OF EMPLOYEES TITL�SAND HOLIDAY RATES} REIMBURSABLE EXPENSE: ('k(�s O No �F vFS MAXIMUM DOLLAR AMOUNT: LO�C70 IS SALES TAX OWED O YES NO IF YES, PAID BY: O CONTRACTOR CITY '`�PURCHASING: PLEASE CHARGE TO: d0I L C� v 10. CONTRACTREVIEW INITIAL/DATEREVIEWED tMTIAL/DATEAPPROVED PROJECT MANAGER Ct�DIRECTOR �SIGNATORY (cM ACM, OR DIRECfOR) RISK MANAGEMENT (g' apPLICnaLE) �yt.aw og I 1. CONTRACT SIGNATURE ROUTING SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ATTACH: SIGNATURE AUTHORITY, 1NSURANCE CERTIFICATE, LICENSES, EXFTIBTfS INITIAL DATE SIGNED �LAW DEPARTMENT SIGNATORY (ci�1 ACM, OR DIRECTOR) SvM� y�CITY CLERK '170�1 ASSIGNED AG# AG# �j 7 SIGNED COPY RE"IIJRNED DATE SENp ��'��QaI �YY1 COMMENTS: L 8! cj`�.� J �"1 4!9 �ITY UP Y YG� CITY HALL 33325 8th Avenue South PO Box 9718 Fede�a! Way, WA 98063-9718 (253) 835-7000 t�v. atyrotl�cYero7wayccun PROFESSIONAL SERVICES AGREEMENT FOR EXECUTIVE SEARCH FOR CITY MANAGER POSITION This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Prothman, a Washington Corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: PROTHMAN: CITY OF FEDERAL WAY: Greg Prothman Mary McDougal 3633 136�' Pl. SE, Suite 206 33325 8�' Ave. S. Bellevue, WA 98006 P.O. Box 9718 Federal Way, WA 98063-971$ (206)_368-0050 (telephone) (253) 835-2530 (telephone} (206) 368-0060 (facsimile) (253) 835-2509] (facsimile) e rothman.com M .McDou al cit offederalwa .com 7he Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execntion, and shall continue until the completian of the Work, but in any event no later than December 31, 2010 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. Z. SERVICES. The Contractor shall perform the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. The Contractar warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all appticable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shal] not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance poIicies, breaches confidenGality, or materially violates Section 12; and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount In return for the Services, the Ciry shall pay the Contractor an amount not to exceed a m�imum amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. Except as otherwise provided in Exhibit "B", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. PROFESSIONAL SERVICE AGREEMENT 1- PSA Corp Council3/31/09 CITY pf ���l�r�l CITY fiAlL r l 33325 8th Avenue S�ufh PO Box 9718 Y ti �ederal Way, WA 98063-9718 �233) 835-70W tnitv�v cltyoflederakvay ttxn 4.2 Method of Pavment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon comp]etion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 43 Non-Aparonriation of Funds. Tf sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATiON. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, ta�ces, losses, �nes, fees, penal6es expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole neg]igence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 424_115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the e�ent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or beneftts payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 CitY Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, eniployees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attomey's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreeme�t to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE.1fie Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors, as provided in Exhibit "C" attached hereto and incorporated by this reference, for the duration of the Agreement and thereafter with respect to any cvent occurring prior to such expiration or termination. The provisions of this Section shall survive the expiration or termination of this Agreement. PROFESSIONAL SERVICE AGREEMENT 2- PSA Corp Council 3/3l/09 c�rv o� �+�d�r�l cmr r�,�� j�� 33325 8th Avenue South PO Bax 9718 Federa{ Way, WA 98063-9718 (263) 835-7D� s�.vw alyvllecieraTiray com 7. CONFIDENTIALiTY. Al) information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shalt be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR The Parties intend that the Contractor shall be an independent contractor and that the ConVactor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is pwchased for the benefit of the City, regardless of whether such may provide a secondary or incidentat benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. I1. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professionai services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the 5ervices. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EOUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contraetor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Aet of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. PROFESSIONAL SF.RVICE AGREEMENT 3- PSA Corp Council3/31/09 ��'+��l+�ral 11'�!a 13. GENERAL PROVISIONS. CITY FiALL 33325 8th Avenue South PO Box 9798 Federal Way. WA 980b3-9718 (253)835-7000 cvaviv atyvlle�cde�aAv�y c�c�!n 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shail be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, nuil and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authoriry of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or ail of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shali be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 133 Com�liance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreemen� or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immeJiately upon occurrence shall not waive such breach or default_ Failure of the City to declare one breach or default dces not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives a�y objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such ctaim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. PROFESSIONAL SERVICE AGREEMENT 4- PSA Corp Council3/31/09 CITY qF \.r1 �r crrY Hr�� 33325 8th Avenue South PO Bax 9718 Federal Niay, WA 98063-9718 (253) 835-7000 �envtv. crtyvfledervkvay tnm 13.5 Execution. Each individuai executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an originai and with the same effect as if all Parties hereto had signed the same document. AII such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of fhis Agreement shall be the "date of mutual execution" hereof. [Signature page follows) PROFESSIONAL SERVICE AGREEMENT 5- PSA Corp Council3/31/09 C17Y OF Federal CITY HALL 33325 8th Avenue South PO Box 9718 a Federal Way, WA 98063-9718 (253) 835-70D0 www. cf yallederohvc+y. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Brian Wilson terim City Manager ATTEST: City Clerk, Carol Mc eilly, C APPROVED AS TO FORM: DATE: gf O�pl�j PrintedName��\7 r q �k'o Title: �Y� e S i d e DATE: STATE OF WASHINGTON ss. COUNTY OF �a�� ���s..��- City Attomey, Patricia A Richardson On thi da personally appeared before me ���rvwv� to me known to be the 47(�es� of r�b�r� �np a�y that executed the foregoing instrument, and acknowledged the said instrument to be the free d voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 30�'` day of 2009. t#M1ANT W MIUAI!1!3 �AqE OP WI�tMN01�b1� Nt3TARY P111l1.i� �11►l:t��l(l1�1 Eld�M�� Od-07•/Z Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires a8-��"12 PROFESSIONAL SERVICE AGREEMENT 6- PSA Coro Council3/31/09 CITY OF ir Y Y 1 EXHIBIT "A" SERVICES C(TY HALL 33325 8th Avenue 5outh PO Box 9718 Festeral Way, WA 98063-9718 (253)s35-7000 :�w.aryafleden�M�!can The Contractor shall do or provide the following: August 2009 Week of August 24, 2009 September l5, 2009 Beginning September 16, 2009 Week of October 25, 2009 Week of November 2, 2009 November 9 and 16, 2009 December l, 2009 Week of December I4, 2009 Interview Council and Management Team Interview stakeholders as identified by Council City Council approve position profile Begin advertising position Begin review of applications Status report and candidate materials to Council Work session to select semifmalists Interview semifinalists Select finalists Begin background checks Final interviews The above timeline may need to be adjusted depending upon the schedules of City Council 2. In the event the successful candidate is terminated for cause within twenty-four (24) months from the employment date, Contractor will conduct a replacement seazch at no additional professional fee. Expenses incurted with be reimburse. PROFESSIONAL SERVICES AGREEMENT 1- PSAExh3/31/09 �ITY OF ����r CI7Y HAIL w,�� 33325 8th Avenue South PO Box 9718 y Fe�leral Way. WA 98n63-9718 (253) 835-70D0 wwrv uryof(edaraAve�y com EXHIBIT uB" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a flat professional fee of Twenty-two Thousand and Five Hundred and No/100 Dollars ($22,500.00), estimated reimbursable expenses as set forth below not to exceed Six Thousand and No/100 Dollars ($6,000.00), and Bellevue and Washington State B&O tax on the reirnbursable expenses equal to One Hundred Eighty and No/100 Dollars ($180.Q0) for a total amount not to exceed Twent}r Eiaht 7'housand Six Hundred Eighty and No/l00 Dollazs ($28,680.00)). Reimbursable Eapenses. The actual customary and incidental expenses incurred by Contractor in performing the Services ineluding advertisin�, mailing, delivery, printing of materials, travel, City required fees and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed Six Thousand andNo/l00 Uollars ($6,000.00). This amount may increase depending upon the location of the candidates. 2. In the event the City Council directs the Contractor to conduct a one day site visit for candidates, the cost is an additional One Thousand Five Hundred and No/100 Dollars ($1,500.00) for each visit. The parties agree that the contract will be amended to reflect the added cost. PROFESSIONAL SERVICES AGREEMENT 2- PSAExh3/31/09 c�TV o� r .�r EXHIBIT "C" INSURANCE cirr t�a,�� 33325 8th Avenue S�uth PO Box 9718 �eaerai way wa saos�-e74a (253) 835-7000 wn�w aryofleden�Ar�y. can 1. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and 51,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sui�cient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 2. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the C�ty shall be excess of the Contractor's insurance and shall not contribute with it. 3_ The City shall be named as additional insured on all such insurance policies, with the exception of any professional liability insurance and any workers' compensation coverage(s) if Contractor participates in a state- run workers' compensation program. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all inswance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement prov�dmg that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. PROFESSIONAL SERVICES AGREEMENT 3- PSAExh3/31/09 ACORD_ CERTIFICA E OF LIABILITY INSURANCE oP�o �J$ DATE(MWDD/YYYY) PROTH-1 07 30 09 PROOUCeR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ROG&RS 6 NORMP.N, INC. �j� ONLY AND CONFERS NO RIGNTS UPON THE CERTIFICATE The Wes tin Building HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2001 Sixth Avenue Ste 2717 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle WA 98121 3 Phone:206-443-2600 Fax:206-441-6752 ERSAFFORDINGCOVERAGE NAICN INSURED INSURER A: RartLoxd G�nalty Iae Ca�aany INSURER B: garttezd Ued�xrrriGri Ina co The Greq Prothman C om tan INSURERC: rhilaelolphia inarmity i�u co 3633 13sth Placc SE S�FZO� INSURERD: Bellevue WA 98006 INSURER E: COVERAGES THE POLICIES OF INSUR/WCE USTED BELOW HAVE BEEN ISSUED TO TFIE INSURED NAMED ABOVE FOR THE POIICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMEN7 WfTH RESPECT 70 WHICH THIS CERTIFICATE MAV BE I�UED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEC7 TO ALL THE TERMS, EXCLUSIONS AND CONORIONS Of SUCH POUCIES. AGGREGATE IIMITS SHOWN MAY HAVE BEEN REWCED BV PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER i DA MM�D P DA E MM UMITS GENERALUABILITY EACHOCCURRENCE S lOOOOOO A X COMMERCL4LGENERAlL1ABILITY 52SBAVW2854 02/01/09 02��1�1� pREMISES Eaouarrence S 30���� CLAIMSMADE a OCCUR �p�p(q� 10000 I �soru�anoviwuRV S 1000000 GENERAIAGGREGATE S 2000000 6EN'LAGGREGATEUMITAPPLIESPER PRODUCTS-COMP/OPAGG 3'lOOOOOO POIICY jE�T LOC AUTOMOBILE LUIBILITY CAM&NE031N6LELIMR Z lOOOOOO 8 ANYAUTO 52UECTR1526 10/28/OB 10/28/09 �B L ALL OWNED AUTOS I I BODIIY INJURY X SCHEDUIED AUTOS I D�I X HIRED AUTOS BODIIV INJURY X NON-0WNEDAUTOS �P���U PROPERTY DAMAGE s (Per accidentJ r 'A�� AUTO ONLY EA ACCIDENT S ANY AUTO EA ACC S OTMERTHAN AUTO ONLY: AGG s EXCESSNMBRELLA LUIBILITY EACH OCCURRENCE S OCCUR CWMS MADE AGGREGATE S S DEDIICTIBLE S RETENTION S s WORKERS COIdPENSATION AND I Tp�, X� A EMPLOYERS'LIABILITV 52SBAVW2854 02��1��9 Q2 Qj 1Q E.L.EACHACCIDENT S 1 �0� ANY PROPR�TOFUPARTNER/D(ECUTIVE I I OFFICER/MEMBERFJ(CLUDED7 E.LOISEASE-EAEMPLOYE S 1 OOO OOO Ifyes desaibe under EL DISEASE POLICY UMIT S OOO OOO SPECIAL PROVISIONS below OTiIER C�Professional Liab PHSD282208 09/26/08 09/26/09 Per Claia 1,000,000 Claima Made Fozm re ate 1 000 000 DESCRIPTION OP OPERATIONS LOCATIONS I VEMICLES EXClUS10NS ADDED BY ENDORSEMEHT/ SPECIAL PROVISIONS Certificate holder is Additional Insured as required by contract per £orn SS 00 08 04 05 Gonaral Liability Covorge is primary, noa-coatributory CERTIFICA7E HOLDER CANCELLATION City of Federal City Hall Mary McDougal PO Box 9718 Federal Way WA Way 98063 SNOUlO ANY OF THE A90VE DESCRIBED POUCIES BE CANCELLED BEFORE iHE F�IRATIO DATE THEREOF, THE ISSUMIG INSURER YNLL ENDEAVOR TO AAAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEG TO TNE LEFT, BUT F/ULURE TO DO SO SNALI IMPOSE NO OBLIGATON OR LIABILiTY OF ANY I(IND UPON THE IN4URER RS AGENTS OR ou-r�-� ACORD 25 (2001/08) p ACORD CORPORATION 1988 IMPORTANT If the cert'rficate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certrficate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does �t confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Ce�cate of Insurance on the reverse side of this form does not �nstitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor dces it affirmatively or negatively amend, extend or alter the coverage afforded by the poliaes listed thereon. ncvRO zs �zoovos� ��€>t�s��'��:(? t�f�_�:�..{��} City of Federal Way CITY MANAGER Recruitment DRAFT PROJECT SCHEDULE Stakehoider Interviews Delivery of draft Position Profile Approve the Position Profile Begin advertising First Review of Applications by Prothman Status report candidate materials to Client First work session (selection of semifinalists) Semifinalists interviews Second work session (selection of finalists) Reference checks, Background checks Final interviews Weeks of August 17th 24th, 2009 Week of September 7th, 2009 September 15th, 2009 Week of September 21st, 2009 November 22, 2009 Week of November 23rd, 2009 December 1, 2009 Weeks of December 7th 14th, 2009 January 5, 2010 Weeks of January 11th 18th, 2010 Week of January 25th, 2010 *Boldfaced items denote dates where client decisions or meetings are required. �R+077=lMAN COUNCIL MEETING DATE: November 17, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM SUBJECT: TRANSPORTATION BENEFIT DISTRICT POLICY QUESTION Should the City support ihe formation of a countywide Transportation Benefit District that would impose a non-voted vehicle licensing fee? COMMITTEE N/A CATEGORY: Consent City Council Business Ordinance Resolution MEETING DATE: N/A Public Hearing Other STAFF REPORT BY: BT11ri W1IS011, IIIteTiTTI Clly MBllageT DEPT City Manager's Office Attachment; Letter from Kurt Triplett, King County Executive, dated November 3, 2009. Background: The City received a letter from King County Executive Kurt Triplett inquiring as to the City's interest in supporting a county-wide Transportation Benefit District (TBD). The TBD legislation requires that before King County can form a TBD, it must first attempt to form a countywide TBD in collaboration with its cities regarding the distribution of a non-voted vehicle licensing fee (VLF) proceeds. A county TBD must include 60 percent of the cities representing 75 percent of the county's incorporated population. Federal Way may independently establish its own TBD. Other cities that have established their own TBD include Des Moines, Lake Forest Park, and Shoreline: The issue for �consideration in support of the county-wide TBD would be the terms and conditions under which the VLF proceeds' wiIl be distributed. Due to I�ing Coun'ty's budget crisis, notification of the City's decision to support or not is needed by November 18, 2009 to meet King County's legislative process. Options Considered: Support the county-wide Transportation Benefit District and direct staff to negotiate the terms and conditions under which the VLF proceeds wiil be distributed and enter into an interlocal ageement with Kir►g County. 2. Do not support the county-wide Transportation Benefit District and provide direction to staff. STAFF RECOMMENDATION: N/A CITY MANAGER APPROVAL: ��✓I!'�. D RECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION N/A N/A N/A N/A PROPOSED COUNCIL MOTION: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BII,L DENIED 1 ieading TABLED/DEFERRED/NO ACTIOl�I Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED 02/06/2006 RESOLUTION f King County Kurt Triplett King County �xecutive 401 Flfth Avenue, Suite 800 Seattle, WA 98304-1818 206-26�-9600 Fax 206-296-0194 TfY Relay: 711 www.kingcounty.gov November 3, 2009 Dear.King County Mayors: Like local governments throughout the state, King County and many of our jurisdictions are experiencing severe budget shortfalls, and a majority of our transportation needs remain unfunded. One of the tools available to jurisdictions to raise transportation revenues is the Transportation Benefit District (TBD). As you may know, the TBD legislation requires that before King County can form a TBD, which can impose a non-voted Vehicle License Fee (VLF), King County must first attempt to form a countywide TBD in collaboration with its cities regarding the distribution of a non-voted VLF proceeds. A countywide TBD must include 60 percent of the cities representing 75 percent of the county's incorporated population. I understand the cities of Des Ivloines, Lake Forest Pazk and Shoreline have already established TBDs using the non-voted VLF. Because of our current budget crisis, King County has to act quickly. Before I leave office at the end of this month, I intend to transmit an ordinance to the King County Council to establish a TBD that will i�ave the authority to impose the non-yoted approved VLF. Therefore, I need to know if your city would support the formation of a countywide TBD that would impose a non-voted VLF. If not enough cities respond with interest in supporting a countywide TBD, I will transmit an ordinance for the council's consideration to form a TBD for unincorporated King County only. On November 6, our Department of Transporta�ion will be meeting with city Public Works Directors and others to discuss the possible formation of a countywide TBD. By November 18, I will need your city's formal response to this request so that I can transmit an ordinance for the King County Council's consideration. King Couney is an Bqual Opportunity/A�rmoefvs Attlon Employsr and complits wt(h �hs Amsrtcana wf�h Dtsabtlttuu Act King County Mayors November 3, 2009 Page 2 Please respond to Doug Hodson, at 206-263-9619 or, at dou .hodson ,kin c�ountv.gov by the November 18 deadline. If no response is received by November 18, I will assume your city is not interested in joining with us in a countywide TBD. Thank you for your cooperation. Sincerely, Kurt Triplett King County Executive cc: City Managers Public Works Directors Doug Hodson, Transportation Manager, King County Executive Office COUNCIL MEETING DATE: November 17�'', 2009 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TECT: Amendment of Ordinance 09-622, setting a new public hearing date. POLICY QUESTION Should the Council amend Ordinance 09-622, setting a new date for the public hearing on the special assessment roll of the North Lake Management District? COMMITTEE N/A CATEGORY: Consent City Council Business Ordinance Resolution MEETING DATE N/A Public Hearing Other STAFF REPORT BY: William Appleton, P.E., Surface Water Manager DEPT: Public Works Dan Smith, Water Quality Program Coordinato Attachments: Proposed ordinance amending Ordinance 09-622 Options Considered: 1. Approve the attached amended Ordinance 09-622, setting a public hearing date for December 15, 2009 for public comment on the assessment role for properties within the Lake Management District, and move to the December 1, 2009, City Council meeting for enactment 2.__ Do not a�prove the amended Ordinance and�rovide _direction to staff. STAFF RECOMMENDATION Staff recommends Option 1 CITY MANAGER APPROVAL: ,�j.W�I'�^ I� ��I���CTOR APPROVAL: Committee Council Comrcrittee Council COMMITTEE RECOMMENDATION N/A Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: 1 Reading of Ordinance (November 17th, 2009): `7 move to forward amended Ordinance 09-622 to the second reading for enactment on the December 1, 2009 City Council Ordinance Agenda. 2 Reading of Ordinance (December l 2009): `7 move to enact the amended Ordinance setting a public hearing date for December ISth, 2009 forpublic comment on the assessment role forproperties within the lake management district. (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 CITY OF FEDERAL WAY MEMORANDUM DATE: November 9, 2009 TO: City Council VIA: Brian Wilson, Interim City Manager FROM: william Appleton, P.E., Surface Water Manager Daniel Smith Water Quality Program Coordinator SUBJECT• Amendment to Ordinance 09-622, the Formation of the North Lake Management District Number Two BACKGROUND• Upon creation of the Lake Management District by ordinance, the City Council is required to conduct a public hearing to provide an opportunity for citizens to comment on the proposed assessment role for the district per RCW 36.61.120. Ordinance 09-622 set the public hearing date on October 6`�, 2009, or thereafter, and notice of the hearing date was sent to the property owners. However the public hearing was inadvertently not held even though the resolution setting the assessment amount was under consent. The proposed amendment to Ordinance 09-622 will set a new date for the public hearing of December 15"', 2009, thereby correcting the oversight and bring the Lake Management District formation process back into alignment with the RCW. No impact to the formation of the District is expected as a result of this inadvertent oversight. cc: Project File Day File ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE 09-622 REGARDING THE CREATION OF THE LAKE MANAGEMENT DISTRICT NUMBER 2 FOR NORTH LAKE BY RESCHEDULING THE PUBLIC HEARING ON THE ASSESSMENT ROLL FOR THE DISTRICT. WHEREAS, on February 24, 2009, the City of Federal Way received a petition for the creation of a Lake Management District Number 2 for North Lake pursuant to RCWs 35.21.403 and 36.61; and WHEREAS, Lake Management District Number 2 for North La.ke is ereated for the purpose of generating revenue to provide ongoing aquatic vegetation management, water quality monitoring, community education, and other related projects; and WHEREAS, on Apri121, 2009, the City of Federal Way City Council passed Resolution Number 09-544, declaring its intent to form a Lake Management District Number 2 for North Lake; and WHEREAS, the City of Federal Way City Council conducted a public hearing on June 2, 2009, for the purpose of accepting testimony in support of and in opposition to the creation of the North Lake Management District. At the public hearing, testimony was provided by North Lake Steering Committee members; and WHEREAS, on June 16, 2009, the City of Federal Way City Council passed Resolution Number 09-549, submitting the question of creation of Lake Management District Number 2 for North Lake to the owners of property within the proposed lake management district including owners of publicly owned land; and Ordinance No. Page 1 of 4 WHEREAS, under RCW 36.61.090, a simple majority of the votes cast shall determine whether the proposed lake management district shall be approved or rejected; and WHEREAS, the ballots were tabulated on July 10, 2009, and the proposal to create a Lake Management District Number 2 for North Lake has been approved by at least a simple majority of the votes cast; and WHEREAS, the ballots cast are available for public inspection at City of Federal Way, 33325 8 Avenue South, Federal Way, Washington; WHEREAS, the City of Federal Way desires to create Lake Management District Number 2 for North Lake and proceed with special assessments and performing lake improvement activities; WHEREAS, the City of Federal Way has established the 2004 North Lake Integrated Aquatic Vegetation Management Plan (IAVMP) and subsequent Annual Reports (2005-2008) forming the basis for the annual Lake Management District work plan and Lake Management District management goals; WHEREAS, the hearing notice requirements of RCW 36.61 will provide an opportunity to evaluate the assessment role for each property within the district; and WHEREAS, on September 1, 2009, Council passed Ordinance 09-622 that created the North Lake Management District Number 2. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES ORDAIN AS FOLLOWS: Section 1. Ordinance 09-622 Section 5. Public Hearing shall be amended to read as follows: Ordinance Na Page 2 of 4 Section 5. Public Hearing. A public hearing will be held by the Federal Way City Council on December 5, 2009 at 7:00 PM or shortly thereafter at the City of Federal Way City Hall, 33325 8` Avenue South, Federal Way, Washington. At the public hearing, the City of Federal Way City Council will consider the objections to the special assessment roll of the district, shall act as a board of equalization, and may correct, revise, raise, lower, change, or modify the special assessment roll or any part thereof, or set the proposed special assessment roll aside and order a new proposed special assessment role be prepared. The City of Federal Way City Council shall confirm and approve a special assessment roll by adoption of a resolution. Notice of the proposed special assessment, the procedure for filing written objections thereto, and notice of the public hearing shall be mailed to the ta�cpayers of record of all property within the district by the City of Federal Way pursuant to RCW 36.61.140. Section 2. Severabilit� If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the ordinance is hereby ratified and affirmed. Ordinance No. Page 3 of 4 Section 5. Effective Date. This ordinance shall be effective five days after passage and publication, as provided by law. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of 2009. CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, 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. Page 4 of 4