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Council PKT 02-16-2010 RegularGITY OF ,'�. Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall February 16, 2010 — 7:00 PM www, cifyoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. State of the City Address b. ARTS Commission — 2009 Accomplishments c. Beyond the One Night Count - Homelessness d. Outgoing LTAC Member e. Certificates of Appointment: Youth Commission f. Certificates of Appointment: Human Services Commission g. City Manager Emerging Issues / Introduction of New Employees • Code Enforcement Update (Micciche) 4. CITIZEN COMMENT PLEASE COMPLETE A P/NK SL/P & PRESENT IT TO THE CITY CLERK PRIOR TO SPEAKING.. When recognized by the Mayor, come forward to the podium and state your name for the record. PLEASE LIMIT YOUR COMMENTS TO THREE (3) M/NUTES. The Mayor may interrupt comments that exceed three minutes, relate negative/y to other individua/s, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Counci/ Committee of three members and brought before fuU Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: January 28, 2010 Special Meeting, February 2, Special and Regular Meeting P9...3 b. NPDES Requirements: SWMP and Annual Report pg...12 c. 2009 Easter �ake Flood Control Project- Project Acceptance and Retainage Release P9... d. S. 348�' Street at 1 Ave. S. — LUD Design Construction Interlocal Agreement pg...64 e. S. 348 Street at 1 S' Ave. S. — PSE Gas Letter of Understanding pg...74 f. CB #521 Council Powers Under Mayor-Council Form of Government pg...81 g. CB #522 Mayor Authority Under Mayor-Council Form of Govemment pg...86 h. CB #523 Chief Administrator Officer Position pg...91 i. RESOLUTION: Endorsement of Dispute Resolution Services in Federal Way pg...96 j. United Way of King County - New Solutions Impact Council Grant Award pg...108 k. ILCA for Creation of Valley Civil Disturbance Unit pg...119 I. Janitorial Services for Dumas Bay Centre pg...133 m. 2010 Parks Commission Work Plan pg...136 n. Third Amendment for Parking Lot Vacuuming pg...138 o. WM Dickson Retainage Release pg...139 p. Third Amendment for Portable Toilet Services pg...140 6. COUNCIL BUSINESS a. RESOLUTION: Amending Council Rules pg..141 b. Animal Services: Establishing Animal Control Unit pg...145 c. Animal Services: Terminate ILA with King County pg...158 d. Animal Services: Sheltering Services with Humane Society pg...?59 e. Fee increase for Picnic and Special Event Reservations pg...160 7. INTRODUCTION / FIRST READING OF ORDINANCES a. CB #524 Amendment to the FWRC to Expand the Size of the Health Clubs in the BN Zone pg...165 AN ORDINANCE of the City of Federal Way, Washington, relating to the expansion ofsize of health clubs in the Neighbofiood Business (BN) zone; amending FWRC 19.215.020, "EntertainmenY'. (Amending Ordinance No.'s 06-515, 03-450, 97-291. 96-270, 93-170, and 90-43) b. CB #525 Relinquishment of a Portion of S 320' Street to the State of Washington pg..197 AN ORDINANCE of the City of Federal Way, Washington, relating to the relinquishmentto the State of Washington a portion of South 320� Street located befinreen 32 Avenue South and the South King Fire and Rescue Station 641ocated at 3720 South 320�' Street. c. CB #526 Valley Communications Refunding Bonds pg...207 AN ORDINANCE of the City of Federal Way, Washington, pledging the City's full faith and credit toward the payment of its share of debt service on refunding bonds to be issued by the Valley Communications Center Development Authority and approving certain matters related thereto. d. CB #527 Criminal Code Update — Cyberstalking pg...214 AN ORDINANCE of the City of Federal Way, Washington, relating to Cyberstalking; amending FWRC 6.35.010. (Amending Ord. Nos. 05-508, 94-215, 91-89) 8. COUNCIL REPORTS 9. CITY MANAGER REPORT 10. EXECUTIVE SESSION • Potential Litigation Pursuantto RCW 42.30.110(1)(i) • Collective Bargaining RCW 42.30.140(4)(b) 11. ADJOURNMENT The Council may add items and take action on items not Iisted on the agenda. COUNCIL MEETING DATE: February 16, 2010 ITEM #: Sa CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT CITY COUNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the January 28, 2010 Special Meeting, February 2, 2010 Special Meeting and the February 2, 2010 Regular Meetings? COMMITTEE N/A CATEGORY: � Consent ❑ City Council Business ■ ■ Ordinance Resolution MEETING DATE: N/fl ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeilly, City Clerk DEr'r: Human Resources Attachments: Draft meeting minutes from the January 28, 2010 Special Meeting, February 2, 2010 Special Meeting and the February 2, 2010 Regular Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION Staff recommends approving the minutes as presented. CITY CLERK APPROVAL: N/A Q� nI�+�J'������ � 0 DIRECTOR APPROVAL N/f1 N/A Committee Council Comntittee Council COMMITTEE RECOMMENDATION: N/fl PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITYCLERSS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACI'ION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/O6/2006 RESOLUTION # CI7Y OP ;� Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall January 28, 2010 — 5:30 pm www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Kochmar called the meeting to order at 5:30 pm. Councilmembers present: Mayor Linda Kochmar, Councilmembers Jeanne Burbidge and Roger Freeman. Staff present: City Clerk Carol McNeilly. 2. COMMISSION INTERVIEWS The Council interviewed candidates for the City's Youth Commission and Human Services Commission. 3. ADJOURNMENT Mayor Kochmar adjourned the meeting at 7:50 pm.. Attest: Carol McNeilly, CMC, City Clerk Approved by CounciL Council Minutes — January 28, 2010 Special Meeting Page 1 of 1 CITY OP , �,,,�,,,... Federaf Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Councii Chambers - City Hall February 2, 2010 - 5:30 pm www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Kochmar called the meeting to order at 5:31 pm. Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers Jim Ferrell, Mike Park, Jeanne Burbidge, Jack Dovey and Roger Freeman. Staff present: City Manager/Police Chief Brian Wilson, City Attomey Pat Richardson and City Clerk Carol McNeilly. 2. CHANGE OF GOVERNMENT a. Campaign Financinq City Attorney Richardson presented information regarding campaign financing as received from the Public Disclosure Commission (PDC). There are finro types of filing; mini reporting and full reporting. Mini reporting limits candidates from receiving contributions of $500 or less from any source other than themselves. It also limits total raising and expending to less than $5,000. Full reporting is for candidates who anticipate raising and expending $5,000 or more and receiving $500 or more from one source. Ms. Richardson reviewed important filing deadlines with the PDC for 2010. The Council discussed the option of adopting local campaign financing and filing regulations as well as the option of adopting the State regulations. The Council consensus was to adopt the State regulations regarding the limit on campaign contributions. Staff was directed to prepare an ordinance to bring back to Council. Staff was also asked to investigate if the City could conduct an educational workshop for candidates. 3. EXECUTIVE SfSSION , The Council adjoumed to executive session at 6:00 pm to discuss potential litigation pursuant to RCW 42.30.110(1)(i) for approximately 30 minutes. The Council adjoumed from executive session at 6:30 pm. Ciry Council Minutes — January 2, 2010 Special Meeting Page 1 of 2 ADJOURNMENT Mayor Kochmar adjourned the meeting at 6:30 pm. Attest: Carol McNeilly, GMC, City Clerk Approved by CounciL• City Council Minutes — January 2, 2010 Special Meeting Page 2 of 2 CITY OF ,;� Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall February 2, 2010 — 7:00 pm www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Kochmar called the meeting to order at 7:04 pm. Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers Jim Ferrell, Mike Park, Jeanne Burbidge, Jack Dovey and Roger Freeman. Staff present: City Manager/Police Chief Brian W ilson, City Attomey Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Cub Scout Pac 307 led the pledge of allegiance. 3. PRESENTATIONS a. City Manager Emerging Issues / Introduction of New Employees City Manager Wilson introduced the City's new Korean Community Liaison Jee Kim. Mr. Wilson asked Director of Community Development Seniices Greg Fewins to review the City's sign policy. The City provides training and handouts to the public regarding legal and illegal sign placement. Mr. Fewins reviewed the criteria for City Right of Way and legal placement of signs. Enforcement efforts are also a part of the policy. Complaints regarding illegal signs can be made in person, by telephone and via the city's website. 4. CITIZEN COMMENT Norma Blanchard inquired if the current Council was required to file with the Public Disclosure Commission. She also inquired about a development project near her home. Nancv Combs stated the Red Light Photo Cameras need to be removed. She also stated she hopes the Council has decided against a PerForming Arts Center. Joann Piquette reported LNM Architects provided an estimate to build the Performing Arts Center at $31,281,000. This cost is $9 million below the 2008 estimate. Ciry Council Minutes — February 2, 2010 Regular ttileeting Page 1 of S Maureen Hathawav Vice President of the Federal Way Historical Society. She invited the Council to an upcoming film screening that documents the development of the Hylebos Wetland Park. Sandv Petitt submitted a letter for the Clerk to read regarding debris and damages at the Olympic View neighborhood park. 5. CONSENT AGENDA Items listed be/ow have been previously reviewed in their entirety by a Counci! Committee of three members and brought before full Council for approval; aU items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: January 19, 2010 Special Meeting and January 19, 2010 Regular Meeting - APPROVED #-�e�sl�e�s d. Council Bill #520 Criminal Code Update: Dog Breeding Practices — APPROVED Ordinance 10-641 MOTION: Deputy Mayor Dulcos moved approval of the Consent Agenda. Councilmember povey second. Deputy Mayor Duclos pulled item 5.b. Vouchers. Councilmember Park pulled item 5.c Medical Device Incubator. VOTE: Motion to approve items 5a and 5d Carried 7-0. 5.b. Vouchers MOTION: Councilmember Burbidge moved to approve item 5b. Vouchers. Councilmember Park second. VOTE: Motion carried 6-0. Deputy Mayor Duclos recused. 5.c. Medical Device Incubator. Councilmember Park asked for a staff presentation on this item. Economic Development Director Patrick Doherty presented some history on this project and introduced Bruce Jackson from Enterprise Seattle who stated the feasibility study revealed healthcare makes up approximately 17% of the workforce in Federal Way. There is an established infrastructure that would benefit from a medical device incubator. Phase 2 of this project focuses on developing the business and securing funding. The city is being asked to contribute $245,000 to the startup of the incubator. The Council discussed the possibility of forming a non-profit Economic Development Council. MOTION: Councilmember Park moved to approve a resolution amending the distribution of monies in the redevelopment fund for the purpose of funding the implementation plan for a medical device incubator. Councilmember povey second. VOTE: Motion carried 7-0. Resolution 10-573 City Council Minutes - February 2, 2010 Regular Meeting Page 2 of 5 6. COUNCIL BUSINESS a. Extension Aqreement: Federal Wav Police Guild Ciry Attorney Richardson reviewed the changes of the agreement, and stated the extension period is for one year. MOTION: Councilmember Burbidge moved approval. Deputy Mayor Duclos second. VOTE: Motion carried 7-0. b. Commission Appointments: Youth Commission Councilmember Burbidge stated the Council interviewed candidates for the Youth Commission at a Special Meeting on January 28, 2010. MOTION: Councilmember Burbidge moved the following appointments to the Youth Commission: Voting Members: Barbara Jun, Caroline Thompson, Agnes Kim, Stephanie Reagle, Akanksha Prakash, Ashley Park, Paul Oh, Kevin Lee and Stephanie Stanek as voting members with 2-year terms expiring August 31, 2011. Alternates: Jennifer Lee, Sam Kim, Sewon Kim and Yenji Byeon as altemate members with 2-year terms expiring August 31, 2011. Councilmember Duclos second. VOTE: Motion carried 7-0. c. Commission Appointments: Human Services Commission Councilmember Burbidge stated the Council interviewed candidates for the Human Senrices Commission at a Special Meeting on January 28, 2010. MOTION: Councilmember Burbidge moved the following appointments to the Human Services Commission: Voting Members: Rick Agnew, Ron Secreto, Russ Williams, Julie Davis and Robyn Richins as voting members with 3-year terms expiring January 31, 2013. Alternate Members: Betty Taylor, Kathryn Scanlon, Jan Owen and Waiyego Pearson as alternate members, with 3-year terms expiring January 31, 2013. Deputy Mayor Duclos second. VOTE: Motion carried 7-0. d. RESOLUTION: Conductina Business Under the Mavor-Council Form of Govemment City Attomey Richardson stated that Council directed staff to draft this resolution at their January 19, 2010 special meeting. The resolution expresses the Council's intent for conducting business under the Mayor-Council form of government. City Council Minutes — February 2, 2010 Regular Meeting Page 3 of 5 MOTION: Councilmember povey moved approval of the resolution expressing Council's intent for conducting business under the Mayor-Council form of government. Deputy Mayor Duclos second. Councilmember Freeman offered a friendly amendment, under section 3, to strike the word "wishes" and insert the word "intends". VOTE: Motion carried 6-0. Councilmember Ferrell recused. Resolution 10-574 7. INTRODUCTION ! FIRST READING OF ORDINANCES a. Council Bill #521 Council Powers under Mavor-Council Form of Govemment City Attomey Richardson stated Council discussed this issue at their January 19, 2010 special meeting and directed staff to draft an ordinance for Council consideration. The ordinance adds the following new chapters to section 2.08 of the Federal Way Revised Code: Number of Councilmembers, Powers and Duties of Councilmembers, Confirmation of Appointed Positions and Salaries. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Freeman moved to forward the ordinance to second reading and enactment at the January 16, 2010 City Council meeting. Deputy Mayor Duclos second. VOTE: Motion carried 6-0. Councilmember Ferrell recused. b. Council Bill #522 Mavor Authoritv under Mavor-Council Form of Govemment City Attomey Richardson stated the Council discussed this item at their January 19, 2010 special meeting and directed staff to draft and ordinance for Council consideration. The ordinance changes the title of section 2.10 from City Council and Mayor to Mayor and adds the following new chapters to section 2.10 of the Federal Way Revised Code: Authority and Duties, Full Time Basis, Salary, and Rules for Appointing Officers. City Clerk McNeilly read the ordinance title into the record. MOTION: Deputy Mayor Duclos moved to forward the ordinance to second reading and enactment at the January 16, 2010 City Council meeting. Councilmember Burbidge second. VOTE: Motion carries 6-0. Councilmember Ferrell recused. c. Council Bill #523 Chief Administrative Officer Position City Attomey Richardson stated the Council discussed this item at their January 19, 2010 special meeting and directed staff to draft and ordinance for Council consideration. The ordinance adds a new chapter titled Chief Administrative Officer and the following sections: Position Created, Qualifications, Duties and Powers, and Salary. City Council Minutes — February 2, 2010 Regular Meeting Page 4 of S The Council directed staff to re-word the last sentence in section 2.11.030. Duties and Powers, prior to second reading at the January 16, 2010 Council meeting, City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Park moved to forward the ordinance to second reading and enactment at the January 16, 2010 City Council meeting. Deputy Mayor Duclos Second. VOTE: Motion carried 6-0. Councilmember Ferrell recused. 8. COUNCIL REPORTS Councilmember Burbidge reported the next PRHSPS Committee meeting is next week. She also reported on upcoming performances at the Knutzen Theatre and Federal Way Symphony. Councilmember Park reported on an upcoming Economic Development meeting. Councilmembers Dovey, Freeman, Ferrell and Deputy Duclos had no reports. Mayor Kochmar reported she would be delivering the State of the City address tomorrow at the Chamber of Commerce o�ce. 9. CITY MANAGER REPORT City Manager/Police Chief Wilson had no report. 10. EXECUTIVE SESSION The Council did not adjourn to executive session. 11. ADJOURNMENT Mayor Kochmar adjourned the meeting at 8:31 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — February 2, 2010 Regular Meeting Page 5 of 5 COUNC[L MEETING DATE: Fetzruary 16, 2010 ITEM #:� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Sus.rECT: NPDES Permit Requirements/Annual Report and SWMP POLICY QUESTION Should Councit approve the 2009 Annual Report and Stormwater Management Program (SWMP) documents for submittal to the Department of Ecology as required by the Western Washington (NPDES) Phase II Municipal Stormwater Permit? COMMiTTEE Land Use and Transportation Committee MEETING DATE February 1 , 2010 CATEGORY: � Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: William Appleton P.E., SWM Manager �DEe�': Public Works Hollie Shilley, NPDES Coordinator Attachments: Land Use and Transportation memorandum dated February 1, 2010 2009 Annual Report and Stormwater Management Program Options Considered: 1. Approve the 2009 Annual Report and SWMP documents and authorize the City Manager to submit documents to the Department of Ecoiogy by March 31S` to satis£y the City's NPDES Permit obligations. 2. Do not approve the 2009 Annual Report and S WMP documents and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the February 16 2010 City Council Consent Agenda for approvaL CITY MANAGER APPROVAL: 1,� �.sltv+� I"a� � � ��,�/� DiRECTOR APPROVAL: ,/d� � Committee Council Committee Council PROPOSED COUNC[L MOTIOIY "I rrb��approval of the 2009 Annual Report and SWMP documents and authorize the City Manager to submit said documents to the Department of Ecology by March 31 S ` to satisfy the City's NPDES Permit obligations. " (BELOW TO BE COMPLETED BY CITY CLERRS OFFICE) COUNCIL ACT[ON: ❑ APPROVED ' COUNCIL B[LL # ❑ DENiED l" reading ❑ TABLED/DEFERRED/NO ACT[ON Enactment reading � MOVED TO SECOND itEADING (ordinarrces onfyj ORDINANCE # REVISED - 02/06/2006 RESOLUTiON 1� COMMITTEE RECOMMENDATION The Committee recommends forwarding Option 1 to the February 16, 2010 Council Consent Agenda. for approvai. � CITY OF FEDERAL WAY MEMORANDUM DATE: February 1, 2010 TO: Land Use and Transportation Committee VIA: Cary M. Roe, P.E., Parks Recreation & Cultural Services Director, Public Works Director � FROM• william Appleton, P.E., Surface Water Manager� ' Hollie Shiliey, NPDES Coordinator & Water Qualiry Specialist ;�, SUBJECT: NPDES Permit Requirements/Annual Report and SWMP BACKGROUND: The National Pollutant Discharge Elimination System {NPDES) is a federal permit that regulates stormwater and wastewater discharges to waters of the State. While it is a federal permit, the regulatory authoriry lies with Washington State Depazhnent of Ecology (DOE). The NPDES Phase II Municipal Stormwater Permit for Western Washington was issued by DOE on January 17, 2007 and went into effect on February 1�, 2007. The permit requires that all affected municipalities create and implement a Stormwater Management Program (SWMP) which addresses five required program elements: 1) Public Education and Outreach, 2) Public Involvement and Participation, 3) Itlicit Discharge Detecrion and Elimination, 4) Construcrion Site Run-Off, and 5) Operations and Maintenance of Post Construcrion Stormwater Facilities. While the Permit went into effect in February of 2007, the permit phases program irnplementation requirements through 2012. In addirion to the SWMP, the permit also requires permittees to submit an Annual Report intended to update the DOE on the status of the permittee's com�liance with the NPDES Phase II Pernut. Annual Reports must be submitted to DOE on or before March 31�` of each year. Since the effective date of this permit, Ciry staff has been working with the DOE and severai regional forums to determine how to best meet the permit requirements. City staff has prepared the following documents to meet the 2009 SWMP and Annual Report requirements as specified under the permit. • The SWMP descnbes the City's applicable exisring programs, as well as the plan to update and modify these programs as necessary to meet the requirements of the permit. The SWMP is a planning document which will be updated each year. The SWMP is considered a draft document until the final document has been approved and supporting ordinances have been adopted by City Council in 2011 _ The Annual Report is primarily a 94 item checklist intended to illustrate the City's compiiance with the NPDES Phase II Permit. [Note: Pursua.nt to the guidance provided by the Department of Ecology, the answer "Yes" was only used when the program is fullv implemented The answer, "No" or "NA" and brief comments were used to describe the status of all other permit requirements.] cc: Project File Day File CITY OF Federal Way Stormwater Mana ement g Pro ram g S��1MP 2009 Annual Update Pursuant to the Western Washington Phase II Municipal Stormwater Permit # WAR04-5516 TABLE OF CONTENTS BACKGROUND..................................................................................................................................1 INTROD UCTIO N ................................................................................................................................2 SECTION 1- PUBLIC EDUCATION AND OUTREACH .............................................................3 I. Targeted Audiences and Subject Areas .... II. Measure Understanding ............................ III. Track and Maintain Records ..................... .......................... ........................ .......................3 ...............................................9 ........................................ .9 SECTION 2- PUBLIC INVOLVEMENT AND PARTICIPATION ...........................................11 I_ Public Participation in Development of SWMP ....................... ........1 i ....... - • ........................... II. Evaluation of Public Comments ...........................................................................................12 III. Stewardship Programs & Environment Activities ................................................................13 IV. Web Page - SWMP and Annual Report ..................................................••-...........................13 SECTION 3- ILLICIT DISCHARGE DETECTION AND ELIMINATION .............................14 I. II. III. N. V. VI. Municipal Storm Sewer MaP ................................................................. Illicit Discharge Detection and Elimination (IDDE) Ordinance............ Implementation of IDDE ...............................................•..........•---......... IDDE Education (Hazards Associated with Illicit Discharges) ............. IDDE Assessment, Evaluation and Tracking ......................................... Municipal Field Staff Training .............................................................. .............................14 .............................14 .............................15 .............................16 .............................16 .............................16 SECTION 4- COIYTROLLING RUNOFF FROM CONSTRUCTION SITES ................:.........18 I. II. III. IV. V. VI. Program Ordinance and Enforcement Mechanisms .............................................................18 Permitting Process �vith Review, Inspection and Enforcement ............................................19 Inspection Program to Verify Long-Term Operation & Maintenance of Stormwater Facilities............................................................................................................................21 Tracking Inspections, Enforcements, Warnings and Violations ...........................................22 NPDES Forms Available to the Public ..........................................................................:......22 Verification Staff Responsible for Program Implementation are Trained ............................22 SECTION 5- POLLUTION PREVENTION AND OPERATIONS AND MAINTENANCE...23 I. II. III. N. V. VI. VII. VIII. IX. X. MaintenanceStandards .............................................................•••-•-••--..................................23 AnnualInspections ................................................................................................................23 SpotCheck Inspections .........................................................................................................24 CBand Inlet Inspections ............................•-••---.......................................................-•••---......24 Compliance with Inspection Requirements ..........................................................................24 Practices to Reduce Stormwater Impacts ..............................................••-.............................24 BMPs to Reduced Pollutants Discharged from City Lands ..................................................24 Develop & Implement On-Going Training ....................................................••-..........---.......25 Develop and Implement S WPPPs (Heavy Equipment and Storage Yards) .........................25 Record Keeping and Tracking ............................................... ....26 • •-•..... • ................................. Page i City of Federal Way NPDES Phase II Stormwater Management Program BACKGROUND The National Pollutant Discharge Elimination Systezn (NPDES) is a federal permit authorized under the Federal Clean Water Act of 1972 (as amended in I977) that regulates stormwater and wastewater discharges to waters of the State. While NPDES is a federal permit, it is primarily administered by state governments. The NPDES Phase II Municipal Stormwater Permit for Western Washington was issued by the Washington State Department of Ecology on January 17, 2007 and went into effect on February 15, 2007. While there are several types of NPDES permits, the municipal permit is intended to reduce the impacts from both point source (i.e. construction site run-offl and non-point source pollution carried by stormwater. Construction site run-off and non-point source pollution, such as oils and metals from cars, fertilizers and pesticides from lawns, soaps from car washes and pet waste are major contributors to water quality degradation in our lakes, streams, wetlands and the Puget Sound. One of the major requirements under the Municipal NPDES Permit is that all affected municipalities create and implement a Stormwater Management Program (SWMP) which addresses five required program elements: 1) Public Education and Outreach, 2) Public Involvement and Participation, 3) Illicit Discharge Detection and Elimination, 4) Construction Site Run-Off, and 5) Operations and Maintenance of Post Constructian Stormwater Facilities. While the permit went into effect in February of 2007, the permit phases program implementation requirements through 2012. On June 17, 2009, the Washington State Department of Ecology issued a generat permit modification to address outcomes of appeals and orders made by the Pollution Control Hearings Board. This Western Washington Phase II Municipal Stormwater Permit modification became effective on July 17, 2009. Page 1 of 26 City of Federal Way NPDES Phase II Stormwater Management Program INTRODUCTION This document has been prepared to meet the City of Federal Way's Western Washington Phase II Municipal Stormwater Permit (Permit) requirement for development of a Stormwater Management Progratn (SWMP) identified in Section SS.A.2 of the Permit. The City's SWMP provides guidance on reducing the discharge of pollutants from the City's Municipal Separate Storm Sewer System (MS4) to the maximum extent practicable (MEP), meet Washington State's All Known and Reasonable Technology (AKART) requirements, and protect water quality once it is fully implemented. Many of the required SWMP elements are already being implemented by the City. The City gathers, tracks, maintains and uses information on an on-going basis to facilitate development of the SWMP, its itnplementation, Permit compliance, and to set surface water related priorities. Pursuant to the requirements of the Permit, the SWMP is updated annually. The SWMP is a draft document and is used as a planning tool until such time as the SWMP and any supporting ordinances have been formally adopted by the City of Federal Way City Council. Relationship to 1995 Surface Water Management Comprehensive Plan The following SWMP should be considered a draft update to Chapter III (Surface Water Utility Programs) of the City of Federal Way 1995 Surface Water Management Comprehensive Plan. The other chapters of the 1995 Comprehensive Plan are still in effect. Page 2 of 26 City of Federal Way NPDES Phase II Stormwater Management Program SECTION 1- PUBLIC EDUCATION AND OUTREACH "The SWMP shall include an education program aimed at residents, businesses, industries, elected officials, policy makers, planning staff and other employees of the Ciry. The goal of the education program will be to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. The City's education program may be developed locally or regionally. "(Permit Requirement SS. G 1) Pursuant to Permit Requirement SS.C.I.a., a Public Education and Outreach Program must be in place by February 16, 2009. The City of Federal Way maintains an active Public Education and Outreach Program. The City uses a variety of approaches to inform residents and businesses about stormwater pollution prevention, stewardship opportunities, capital improvement projects, watershed planning and maintenance activities, engaging both citizens and stakeholders alike. The Surface Water Management Division (SWM) is actively producing and distributing public educational materials (i.e. posters, press releases, brochures, booklets and flyers) on a variety of subjects related to improving water quality. Ali SWM publications are available on the web at http;l/wvwv.cityoffederalway.com/S WM. I. Targeted Audiences and Subject Areas (Permit Requirement SS.C.I.a) SWM's programs target a wide variety of audiences and subject areas. The programs are organized by targeted audiences and subject areas as identified in Section SS.C.I.a of the Permit. A. The General Public i. Impacts of Stormwater Flows into Surface Waters and Impacts from Impervious Surfaces Impacts of impervious surfaces and resulting stormwater flows are addressed in several ways within SWM's existing public education, outreach and involvement programs, including through our quarterly newsletter (The Water Log), web pages, catch basin curb markers, charity car wash kit program, natural yard care workshops, pet waste brochures and local government access channel (Channel 21) programming and public service announcements. Further, SWM staff is actively involved in The STORM Group (the Regional NPDES Education and Outreach Forum) and implementing the regional stormwater educational campaign Puget Sound Starts Here. The STORM Group is a group of public education and outreach professionals from Phase I and Phase II jurisdictions within the greater Puget Sound area, working together to share and develop education and outreach programs and research. The STORM Group Page 3 of 26 City of Federal Way NPDES Phase II Stormwater Management Program coordinates its regional stormwater education campaign efforts with the Puget Sound Partnership. B. Source Control BMPs, Environmental Stewardship Actions, Pet Waste, Vehicle Maintenance, Landscaping and Buffers 1. Source Control BMPs a. Conshuction Site Erosion Control Brochure SWM has developed an erosion/sedimentation control educational brochure targeting single family contractors. The brochure outlines erosion control inspection processes and provides details on the standard best management practices (BMPs). The brochure is provided with all new single family construction permits, and distributed during the preconstruction conference. b. Restaurant Industry Poster The Good Cleaning Practices for the Restaurant Industry Poster describes industry specific waste disposal and cleaning best management practices in three languages; English, Spanish and Korean. The poster is designed to reduce the number of illicit discharges from restaurant businesses. The posters were originaily delivered to all restaurants within the City of Federal Way in 2004 and are were re-distributed to all current restaurants and property owners/managers in November and December of 2009. The posters are also handed out, when appropriate, through the Illicit Discharge Detection and Elimination (IDDE) Program. c. Auto Industry Poster The Good Cleaning Practices for the Automotive Industry Poster describes industry specific waste disposal and cleaning best management practices. The poster is intended to reduce the number of illicit discharges from automotive businesses. The posters were hand delivered to all auto industry businesses within the City of Federai Way in 2004 and 2007, and continue to be handed out through the IDDE Program, when appropriate. d. Catch Basin Curb Marker Program Through this program, local youth organizations, like Boy Scouts and Girl Scouts and other special interest groups, volunteer to glue these colorful four inch plastic markers to curbs, sidewalks or roads adjacent to catch basins in residential neighborhoods. The program is designed to raise awareness that all City storm drains flow to natural waterways. e_ Charity Cax Wash Program Page 4 of 26 City of Federal Way NPDES Phase II Stormwater Management Program As a proactive measure to educate and assist the public interested in holding charity car wash events, the City maintains the Fish Friendly Car Wash Program. The program offers two "fish friendly" car wash alternatives: 1) Sell charity car wash tickets through the Puget Sound Car Wash Association; and 2) Check out car wash kits free of charge. Kits are borrowed from the City for charity events held within the City. The kits are designed to divert wash water to the sanitary sewer system. The program also disseminates public education materials in the form of letters, flyers and press releases targeted at local charities and special interest groups, as well as local businesses. f. Mobile Business Pollution Prevention Brochure This brochure identifies Best Management Practices for mobile businesses such as landscapers, cleaning services, and auto detailers. It specifies ways to properly dispose of wash water, dispose of chemicals, clean up spills, and practice environmental friendly landscaping techniques. , 2. Environmentai Stewardship a. Pet Waste Brochure The pet waste brochure identifies the numerous adverse impacts pet waste can have on water quality and describes environmentally friendly disposal techniques. Pet waste brochures are displayed at local parks, pet stores and veterinary clinics. In addition, pet waste signs are posted and collection bags are provided in City parks. Pet waste impacts are also addressed through the STORM Group's regional stormwater education campaign. b. Don't Feed the Ducks or Geese Poster This poster was created by King County and displays four reasons not to feed the ducks or geese. Posters are on display at local lakes and ponds and are distributed to North and Steel Lake residents annually as a part of their aquatic weed management programs. This year they were aiso distributed to aIl residents on Easter Lake. They are designed to reduce nutrient loading and other harmful impacts resulting from feeding waterfowl. c. Be a Lake Steward Flyer The lake steward flyer encourages lake residents to adopt or modify residential practices and behaviors to help improve water quality in local lakes. The flyer is distributed annualiy to residents of North Lake and Steel Lake as part of the Lake Management District programs. d. Stream Team Page 5 of 26 City of Federal Way NPDES Phase II Stormwater Management Program Through this volunteer program, residents and interested parties regularly check out water quality monitoring kits and conduct basic water auality tests in local streams. The program is designed to raise awareness on the health of streams and encourage stewardship. These groups also report any adverse conditions or illicit discharges they may observe. e. Lakota Creek Clean Up During this annual spring event, volunteers and SWM staff walk the Lakota Creek stream corridor removing litter and debris which can degrade water quality, and cause flooding or channel erosion. Participants are educated on the adverse impacts of litter and other pollutants on stream health and stability. f. Invasive Plant Removal SWM coordinates seasonal volunteer events to hand remove invasive plants from our stream and wetland restoration areas. Participants are taught the importance of allowing native plants to thrive in these areas. 3. Vehicle Maintenance Household Stormwater Pollution Prevention Brochure: This brochure describes a series of household practices designed to reduce stormwater pollution impacts. These practices include environmentally friendly yard care, and home and vehicle maintenance techniques. This brochure �vas created through grant funding provided by the Washington State Department of Ecology's Local Government Stormwater Grant. Vehicle maintenance is also addressed through the STORM Group's regional stormwater education campaign. 4. Lanciscaping & Buffers a. Natural Yard Care Each year, the City of Federal Way, puts on a Natural Yard Care Program. The program offers a series of three workshops to teach residents environmentally friendly lawn and garden care techniques. In addition, Yard Talk, and other Natural Yard Care programming are run on Federal Way's local government access channel (Channel 21). b. Lake Friendly Landscape Brochure SWM staff, in cooperation with the Washington State Lake Protection Association, have updated the "Blueprint for a Lake Friendly Landscape" brochure. The brochure describes native planting alternatives, encourages the creation of native landscape buffers along the shoreline and discourages Page 6 of 26 City of Federal Way NPDES Phase II Stormwater Management Program shoreline armoring. , The brochure is designed to reduce the use for fertilizers and pesticides, improve wildlife values and water quality. The brochure is distributed by mail to lake residents. c: Taking Care of Streams Brochure This regional streams brochure, originally created by Oregon State University, promotes stewardship practices in an effort to improve natural processes and water quality. The brochure is distributed by mail to all stream front property owners. C. The General Public and Businesses (including mobile & home based) 1. BMPs for Use and Storage of Automotive Chemicals, Hazardous Cleaning Supplies, Car Wash Soaps and Hazardous Materials Several of S WM's existing programs address the BMPs for the use and storage of automotive chemicals, cleaning supplies, hazardous materials and car wash soaps including: the Auto Industry Poster, the Restaurant Industry Poster, the Fish Friendly Car Wash Program and articles in "The Water Log". In addition, the Household Stormwater Pollution Prevention and Mobile Business Pollution Prevention brochures address several of these topics. 2. Impacts of Illicit Discharges and How to Report Them a. The Spill Hotline The City's 24-Hour Spill Hotline was publicized in 2008 through a press release, and is continually publicized in the Household Stormwater Pollution Prevention brochure, the Mobiie Business Poilution Prevention brochure, and SWM's quarterty newsletter (The Water Log). The Spili Hotline is also posted on the City's main web page (www.cityoffederal�vay.com). The impacts from illicit discharges and how to report them are atso addressed in both the Stormwater Pollution Prevention Brochure, Household Stormwater Poilution Prevention brochure and in periodic articles within The Water Log. Both subjects are also covered in depth on the City's Surface Water Management website (www.cityoffederalway. cam/swm}. D. Homeowners, Landscapers and Property Managers 1. Yard Care Techniques Protective of Water Quality and BMPs for Use and Storage of Pesticides and Fertilizers The existing Natural Yard Care Program targets homeowners and residential use of pesticides and fertilizers and encourages environmentally friendly techniques. Page 7 of 26 City of Federal Way NPDES Phase II Stormwater Management Program The City targets landscaping firms through the Mobiie Business Pollution Prevention brochure, the existing Natural Yard Care Program, or through the efforts of the STORM Group and the Puget Sound Starts Here campaign. The City's local government access channel also runs Natural Yard Care programs seasonally in an effort to reach landscapers and property managers, as well as homeowners. 2. BMPs for Carpet Cleaning and Auto Repair and Maintenance These topics are primarily addressed through the Auto Industry Poster, the Catch Basin Curb Marker Program, The Fish Friendly Car Wash Program, the Mobile Pollution Prevention brochure, and periodic articles in "The Water Log". SWM currently does not specifically target carpet cleaning activities but focuses on proper disposal of all types of waste washwater. 3. Low Impact Development (LID)Techniques 1n 2008 the City of Federal Way worked with a consultant, funded through a technical assistance grant from the Puget Sound Partnership, to develop recommendations for integrating LID techniques into the City's development regulations. The City plans to create educational materials to promote the use of these LID techniques once they have been integrated and adopted into the development regulations. SWM staff is also examining different existing educational materials on LID techniques and design standards, including �1VSU Extension's "Rain Garden Handbook" and the Low Impact Development Technical Guidance Manual for Puget Sound. 4. Stormwater Pond Maintenance Through SWM's annual private storm system inspection program, SWM inspectors conduct inspections and identify maintenance requirements of multi- family and commercial properties with known flow control facilities. Education of the property owners on maintenance benefits and needs is done by our inspectors throug� verbal communication, postcards, letters and correction notices. In addition, a Maintenance Manual for Private Stormwater Systems is available to facility owners on SWM's main web page. E. Engineers, Contractors, Developers, Review Staff and Land Use Planners i. Technical Standards for Stormwater 8c Erosion Control Plans Technical standards and BMPs for stormwater and erosion control are available on the City's webpage (www.cityoffederalway.com/swm). In addition, a Single Family Erosion Control Brochure is attached to all single family construction permits and distributed by inspection staff. Page 8 of 26 City of Federal Way NPDES Phase II Stormwater Management Program 2. Low Impact Development Techniques In 2008 City of Federal Way worked with a consultant, funded through a technical assistance grant from the Puget Sound Partnership, to develop recommendations for integrating LID techniques into the City's development regulations. These recommendations are being evaluated. In 20i0, City Code will for the use of LID techniques without the need for special approval. II. Measure Understanding (Permit Requirement SS.C.I.b) Each Permittee shald measure the understanding and adoption of the targeted behaviors for at least one targeted audience in at least one subject area. Surface Water Management's existing Education and Outreach Program is designed to achieve measurable improvements in the target audience's understanding of stormwater and water quality impacts and what they can do to help reduce or prevent these impacts_ Specifically, the Education and Outreach Program is designed to raise awareness by identifying problems (potential pollutant sources) and to change behaviors by identifying and encouraging the adoption of practices and behaviors to improve and/or protect water quality. The following education and outreach program evaluations were conducted in 2009: A. Natural Yard Care Pre and post knowledge surveys to identify attendee's retention of naturai yard care techniques are conducted each year during the City of Federal Way's Natural Yard Care (NYC) Program. The effectiveness of the NYC Program has been thoroughly evaluated and its success is well documented. B. Restaurant Industry Poster A survey was conducted in 2008 to determine how well the behaviors/practices identified within the City's Restaurant Industry Poster are being adopted. Based on the results of the survey, the City has redistributed the poster and expanded the target audience to include property owners and proper managers. C. Fish Friendly Car Wash Program City staff uses tracking information (number of car wash kits checked out each year) to evaluate utilization of the program. The evaluation shows consistent and, at times, dramatic increases in the utilization of the car wash kits since the City began tracking this program in 2005. III. Track and Maintain Records (Permit Requirement SS.C.l.c) Page 9 of 26 City of Federa( Way NPDES Phase II Stormwater Management Program In 2008 SWM staff developed and implemented a spreadsheet for tracking education and outreach activities pursuant to the NPDES permit requirements. This tracking system continues to be used. Page 10 of 26 City of Federal Way NPDES Phase II Stormwater Management Program SECTION 2- PUBLIC INVOLVEMENT AND PARTICIPATION "The SWMP shall include ongoing opportunities for public involvement through advisory councils, watershed committees, participation in developing rate-structures, stewardship programs, environmental activities or other similar activities. Each Permittee shall comply with applicable State and local public notrce requirements when developing their SWMP. "(Permit Requirement SS. C 2) Pursuant to Permit Requirements SS.C.2.a., an on going Public Participation Program must be initiated by February 16, 2008. The City of Federal Way encourages residents and interested parties. to participate in the decision making processes involving the update and implementation of the Ciry's Stormwater Management Program (SWMP), as well as other public involvement and participation opportunities offered by the City. The City of Federal Way believes pubiic involvement and participation are important to promoting stewardship of both the City and its natural environments. Through public involvement, citizens help make a difference in their quality of life and the quality of our natural habitats and waterways. L Public Participation in Development of SWMP (Permit Requirement SS.Gl.a & b) The City of Federal Way Surface Water Management Utility is well established with an existing rate structure and all of the Permit programs (i.e. Illicit Discharge Detection and Elimination, Public Education & Outreach, Construction Site Run-off Inspection, Post Construction Stormwater Inspection, etc.) already in place. As a result, large scale changes to SWM's existing programs and ordinances are not expected. SWM programs will continue to be updated to meet permit requirements. Ongoing opportunities for public participation in the development of the SWMP are available through the following venues: A. Public Notices Public Notices are posted in the iocal newspaper, the Federai Way Mirror. Notices identify opportunities for public participation in the development of the SWMP in the form of a website address, e-mail and phone contact information. B. SWM Newsletter The quarterly SWM newsletter, `The Water Log", is used to raise awareness of the Permit requirements, update the public on the development of the SWMP and solicit comments: C. SWM Webpage A link to the NPDES Phase II webpage was added to SWM's webpage (www.cityoffederalway.com/swm) in 2007. The NPDES Phase II webpage provides a Page t 1 of 26 City of Federal Way NPDES Phase II Stormwater Management Program general description of the Permit, describes the progress on the development of the SWMP and displays the updated SWMP and the Annual Reports as they become available. The City's webpage also provides links to SWM's existing programs and provides opportunities for public comment and participation via e-mail. D. Public Meetings 1. Stakeholders Meeting The annual public meeting of the development, permitting and zoning stakeholders (i.e. engineers, architects, developers, business owners, utilities and public school representatives) is used to assess the City's permitting process as well as provide updates on NPDES requirements. 2. Land Use and Transportation Committee {LUTC) An opportunity for participation in the development of SWMP is also available to City residents through LUTC meetings. The LIJTC reviews many of the programmatic and policy changes proposed under the SWMP and allows public comment on all of their agenda items. The LUTC meets the first and third Monday of each month. Meeting times and agendas can be accessed through the City Calendar webpa�e (http://www.cityoffederalway.com/page.aspx?view=192). 3. City Council Many of the programmatic and policy changes related to the SWMP must be reviewed and approved by City Council. Public comments are accepted during all City Council meetings. [Note: City Council or the LUTC can schedule additional public meetings if they deem it necessary to allow for public comment/participation.] The City Council meets on the first and third Tuesday of each month. Meeting times and agendas can be accessed through the City Calendar webpage (htt�:-%www.cityoffede�•alwa .r�cum:`pa�e.as�x?view=192). 4. Parties of Record In addition to the State public noticing requirements, SWM maintains a Party of Record List. Parties of Record are notified of ail new information and public meetings relating to the SWMP. II. Evaluation of Public Comments (Permit Requirement SS.C.2.a) No public comments have been received to date. When public comments are received, they will be categorized by topic and evaluated based on quantity and pertinence to the subject matter. Public comments will be addressed in the annual SWMP updates. Page 12 of 26 City of Federal Way NPDES Phase II Stormwater Management Program III. Stewardship Programs & Environment Activities (Permit Requirement SS.C.2) SWM currently maintains the following stewardship and environmental activity programs: Stream Team, Lakota Creek Clean Up, Invasive Plant Removai, Catch Basin Curb Marker Program, and the Fish Friendly Car Wash Program. Descriptions of these programs can be found in the Stewardship portions of Section 1- Pubiic Education and Outreach. The SWM website is also used to promote volunteer programs. IV. Web Page - SWMP and Annual Report (Permit Requirement SS. C.2. b) As previously described, SWM's NPDES Permit webpage: (www.cityoffederalway.com/npdes) displays both the City's SWMP and Annual Report as they become available. Pursuant to the Permit, these documents are updated and posted annually. Page 13 of 26 City of Federal Way �1PDES Phase II Stormwater Management Program SECTION 3- ILLICIT DISCHARGE DETECTION AND ELIMINATION "The SWMP shall include an ongoing program to detect and remove illicit connections, discharges as defined in 40 CFR 122.26(b)(2), and improper disposal, including any spills not under the purview of another responding authority, into the municipal separate storm sewers owned or operated by the Permittee. Permittees shall fully implement an ongoing illicit discharge detection and elimination (IDDE) program no later than 180 days prior to the expiration date of this Permit. "(Permit Requirement SS. C. 3) Pursuant to Permit Requirement SS. C.3., a series of phased deadlines are created for the implementation of the �llicit Discharge Detection and Elimination Program beginning with the creation of the Illicit Discharge Hotline required as o, f'February 1 c5, 2009. The City of Federal Way maintains an active Illicit Discharge Detection and Elimination (IDDE) program. The City actively investigates prohibited discharges and illicit connections to the City's stormwater system in an effort to improve water quality in the City's surface water resources. Through this program, areas throughout the City are targeted for water quality inspections based on their potential impacts to the City's surface waters. I. Municipal Storm Sewer Map (Permit Requirement SS.C.3.a) The City of Federal Way maintains a comprehensive map of the City's municipal separate storm sewer system (MS4) pursuant to the requirements of sections SS.C3.a. of the Permit prior to the required deadline of February 16, 201 l. The City has mapped approximately 85% of all known MS4 structures, and has mapped 100% of all known receiving waters. The City is currently working toward completing this effort by physically surveying all remaining MS4 structures using mobile GIS/GPS and incorporating these data into ESRI ArcView. Advances in the City's mapping and database management programs in 2008 were made possible through funding provided by a Washington State Department of Ecology Local Government Stormwater grant. II. Illicit Discharge Detection and Elimination (IDDE) Ordinance (Permit Requirement SS.C.3.b) Since 1999, the City of Federal Way has had regulatory mechanisms in place (Chapter 21 of FWCC) that required the implementation of the best known, available, and reasonable management practices to prevent the contamination of stormwater, surface water, and groundwater. . On August lb, 2009 the City adopted and implemented Ordinance 09-6i9 in order to meet all of the requirements of section SS.C3.b of the Permit. The new ordinance effectively prohibits all of the categories of non-stormwater discharges listed in the permit and includes escaiating enforcement procedures and actions pursuant to those outlined in FWRC i 6.45, 16.50, and 16.55. Page 14 of 26 City of Federal Way NPDES Phase II Stormwater Management Program If a violation has been committed, Title 16, Chapters 16.45, 16.50, and 16.55 will be enforced, as necessary, using Title 1 FWRC, Chapter 1, Enforcement of Code. Chapter 1 establishes an efficient, civil administrative system to enforce the development of regulations of the City. III. Implementation of IDDE (Permit Requirement SS. G 3. c) The City maintains an Illicit Discharge Detection and Elimination program which detects and addresses non-stormwater discharges to the City's storm system. A. Identify Priority Areas The City has located and identified priority areas likely to have illicit discharges. The evaluation was based upon a prioritization of sub-watersheds using eight individual illicit discharge potential (IDP) screening factors. A raw IDP score for each sub- watershed was established which allowed for a priority ranking. Field assessments of three high priority water bodies will begin no later than February 11, 2411, pursuant to Permit requirements. B. Assessment/Inspection of Priority Outfalls The City will develop procedures to assess and inspect priority outfalls as described within Section S�.C.3.c.ii of the Permit in priority areas likely to have illicit discharges. This e(ement of the IDDE prob am will be implemented by August 19, 2011 _ C. Procedures Characterizing Nature & Environmental Threat Posed by Illicit Discharges The City currentiy implements a program to detect and address illicit discharges to the MS4. This program inc(udes a system to record illicit discharges and citizen complaints. The program aiso includes a regulatory mechanism that effectively prohibits non-stormwater illegal discharges, and/or dumping into the City's MS4 to the maximum extent allowable under State and federal law through FWRC. This program is used to evaluate whether the discharge should be immediately contained, and inciudes steps to be taken for containment af the discharge. The City has developed IDDE procedures regarding the characterization of the nature and environmental threat posed by illicit discharges to determine compliance with Section SS.C3.c.iii of the Permit. D. Procedures for Tracing the Source of I(licit Discharges City staff has developea IDDE procedures for tracing the source of illicit discharges to meet the requirements and timelines required under Section SS.C.3.c.iv of the Permit. Page 1� of 26 City of Eederal �'Vay NPDES Phase II Stormwater Ntanagement Program The City's existing IDDE program identifies and traces illicit discharges using visual inspections, mobile cameras, smoke testing, dye testing, and water sampling throughout the MS4. E. Procedures for Removing Source of Illicit Discharges City staff has deveioped IDDE procedures for removing sources of contamination to meet the requirements and timelines required under Section SS.C.3.c.v of the Permit. The existing IDDE program includes notification of appropriate authorities, notification of property owners, technical assistance for eliminating the discharge, foliow-up inspections, and escalating enforcement and legal actions if the discharge is not eliminated. IV. IDDE Education (Hazards Associated with Illicit Discharges) (Permit Requirement SS.C.3.d) The Ciry's existing Public Education and Outreach Prog� includes educational materials designed to prevent illicit discharges by educating business owners and employees on best management practices and waste disposal techniques (e.g. see Restaurant Industry Poster and Auto Industry Poster descriptions in Section 1 of this SWMP). A. Distribution of Materials The City has developed IDDE educational materials that identify the hazards associated with illicit discharges. Examples of these materials include the Stormwater Pollution Prevention brochure, Surface Water Management's IDDE webpages, and the Fish Friendly car wash materials. B. Publicly List Phone Number for Reporting Spills The City's Public Works Department main number (253-835-2700) is publicly iisted for reporting spills or illicit discharges. If this number is called after normal business hours, it identifies an after hours number (253-946-6416) which can be cailed for reporting after hour spills. This number has been publicized on the web, in The Water Log, and other educational materials. V. IDDE Assessment, Evaluation and Tracking (Permit Requirement SS.G3.e) The City's existing IDDE program tracks and documents information regarding spill types, number of spills, illicit discharge types, number of illicit discharges, and inspections. City staff continues to develop and implement procedures to fully track, assess and evaluate the IDDE program. Completion of this effort is expected by August 19, 2011. VI. Municipal Field Staff Training (Permit Requirement SS.C.3� Page 16 of 26 City of Federal Way NPDES Phase II Stormwater Management Program A. IDDE Level A Training (SS.C.3.f.i.) Through the City's existing IDDE program training has been provided to alt field staff responsible for identification, investigation, termination, cleanup and reporting of illicit dischar�es. B. IDDE Level B Training (SS.C.3.f.ii.) Training has been provided for municipal field staff, which as a part of their normal duties may. observe an illicit discharge. This level of training focuses on the identification of illicit discharges/connections and how to report or respond to these illicit discharges/connections. This level of training is required for affected field staff from the foliowing City departments: Public Works, Community Development, Parks and Recreation, and Public Safety. The City wili provide necessary follow-up training as needed to address changes in procedures, techniques or requirements. All training records (including course information and the staff trained) will be documented and maintained. Page 17 of 26 City of Federal Way NPDES Phase II Stormwater Management Program SECTION 4- CONTROLLING RUNOFF FROM CONSTRUCTION SITES "Each Permittee shal! develop, inzplement, and enforce a program to recluce pollutants in stormwater runof, f to a regulated small MS4 from new development, redevelopment and construction site activities. This program shall be applied to all sites that disturb a land area one acre or grealer, including projects less than one acre that are part of a larger common plan of the development or sale. The program shall apply to private and public development, including roads. The "Technical Thresholds " in Appendix 1 shall be applied to all sites one acre or greater, including projects less than one acre that are part of a larger common plan o_ f the development or sale. "(Permit Requirement SS.C.4) Pursuant to Permit Requirement SS.C.4.a., a construction site runoff program must be in place by February 16, 2010. The City of Federal Way recognizes that construction site run-off is a major contributor to water quality degradation in the greater Puget Sound region. To address this issue and to better protect our naturai waterways, the City's cunent construction site run-off program already exceeds the minimum requirements of the Permit in many respects. Construction site run-off is reviewed and inspected for all construction projects, ranging from single family structures to large commercial developments. The responsibiiity for plan review and inspection are shared betiveen the Surface Water Management and Development Services Divisions of the Public Works Department. I. Program Ordinance and Enforcement Mechanisms (Permit Requirement S�.C.4.a) A. Mi�imum Requirements, Technicai Thresholds and Definitions The 1998 King County Storm�vater Design Manual as amended by Federal Way Revised City Code 16.20.010 is the current standard enforced by development review and inspection staff when evaluating stomiwater and erosion controt requirements for ail construction projects in the City. Thresholds for permit revieu� are determined by the City's Land Modification Code (Chapter 19.120) and the 2006 International Building Code. The City has adopted the 2009 King County Surface Water Design Manual, effective on February 16, 2010, which has been deemed as an equivalent to the Washington State Department of Ecology's (DOE) 2005 Stormwater Manual. B. Site Planning Process & BMP Selection Currently, the City uses the 1998 King County Manual for BMP selection and design criteria. The current site planning process is established in Chapter 19 of Federal Way Revised City Code. The City's BMP selection and the site planning process wili be updated through the adoption of the 2009 King County Surface Water Desi�n Manual (2009 KCSWDM). G Legal Authority to Conduct Inspections Page 18 of 26 City of Federal Way NPDES Phase II Stormwater Management Program The legal authority to conduct inspections on new developments is granted during construction pursuant to an access agreement allowed under Federal Way City Code (FWRC) 19.25.080. Authority to conduct post construction inspection of private drainage facilities discharging to the Ci#y's storm system from new development is established through drainage covenants, conditions attached to the final permit, and through FWRC 16.10.065. D. Provisions to Allow Low Impact Development (LID) or Other Non-Structural Improvements Non-structural preventive actions and source control improvements measures, such as LID, are currently allowed through the variance process. However, as of February 16, 2010, no variance will be required. In 2008 City of Federal Way worked with a consultant, funded through a technical assistance grant from the Puget Sound Partnership, to develop recommendations for integrating LID techniques into the City's development regulations. These recommendations are being evaluated for implementation. E. Erosivity Waiver The City of Federal Way has evaluated the option of creating an Erosivity Waiver as described within Appendix 1 of the Permit. The Erosivity Waivee is designed primarily for a.rid areas, such as Eastern Washington and has a very limited applicability to Federal Way given our existing soil types arid rainfatl patterns. As a result, the City has decided not to make this option available in the site plan review requirements. II. Permitting Process: Review, Inspection and Enforcement (Permit Requirement SS.G4.b) The City's existing permitting process includes plan review, inspection and enforcement capabilities which meet the majority of the requirements of the Permit as described below. City staff is refining this process to determine how best to modify our existing program to meet the needs of the City and the requirements of the Permit. A. Review of Stormwater Site Plans The Development Services Division of Public Works ensures that development within the City of Federal Way meets current City codes and development standards. Development Services works to accomplish this goal by being involved in all types and phases of development within the City, providing technical project review, project permitting and construction inspection. Code authority to conduct site plan review is granted through the Subdivision and Zoning Codes (FWRC 18.05.010 and 19.05.005). The Development Services Division site plan review process includes review criteria for both stormwater design and construction site erosion sedimentation control (King County Surface Water Design Manual 1998). The 2009 KCSWDM will be used beginning February 16, ZO10. Page 19 of 26 City of Federal Way NPDES Phase II Stormwater Management Program B. Site Inspection Prior to Clearing and Grading The responsibility for construction site inspection is divided between two divisions of the Public Works Department. The Development Services inspectors are responsible for inspection of plats, muiti-family and commercial development, and the Surface Water Management inspectors are responsible for conducting erosion control inspection for all single faniily construction. Prior to any clearing and grading activity on the construction site, a Pre-construction Inspection is conducted with the contractor to review initial erosion control requirements and the inspection process. C. Erosion Sedimentation Control Inspection During Construction A minimum of nvo erosion control inspections are conducted by City inspection staff between the Pre-construction Meeting/Inspection and Final Inspection to ensure erosion control measures are being implemented and maintained throughout construction of the project. D. Final Inspection of Development Sites Upon Completion of Construction A final erosion control inspection is conducted prior to final building permit approval of single-family, multi-family and commercial construction. E. Inspection History/Record Keeping Records of inspections are currently being kept through a database permit tracking system. F. Enforcement Strate�y The ability to conduct enforcement of erosion control and stormwater requirements is provided within the City's existing development review and inspection process (FWRC 1.15.010 through 1.15.1Q0 and International Building Code R113 and R114). Inspectors have the ability and discretion to issue verbal or �vritten corrections depending on the scate of the problem and to issue Stop Work Orders/Notices of Violation if corrections are not completed or if significant violations are discovered. City staff has reviewed enforcement codes and the enforcement strategies between the two inspection teams and has made modifications to these inspection programs to develop a common enforcement strategy, as well as provide training to ensure these strategies are consistently applied. Page 20 of 26 City of Federai Way NPDES Phase II Stormwater Management Program G. Erosivity Waiver As discussed previously, the City will not be adopting the Erosivity Waiver option identified in the Permit due to its limited appiicability in this area. III. Inspection Program to Verify Long-Term Operation & Maintenance of Stormwater Facilities (Permit Requirement SS.C.4.c) A. Adoption of Ordinance or Enforceable Mechanism An enforceable mechanism requiring long-term operation and maintenance of storm systems on new developments is in place. Covenants are attached to all new developments with stormwater detention and flow control facilities at the time of final approval. The covenant allows access for inspection and requires long term operation and maintenance of stormwater facilities (FWRC 16.36.020 and 16.35.030). B. Establish Maintenance Standards Maintenance standards for private stormwater systems are avaiiable on the SWM's main webpage (www.cityoffederalway.com/swm). City staff are reviewing the existing maintenance standards to ensure they meet the standards specified in Chapter 4 of Volume V of the 2005 Stormwater Management Manual for Western Washington. City staff are also actively participating in the NPDES ROAD MAP Forum (the NPDES Regional Operations and Maintenance Forum) to stay informed of the review of existing regional maintenance standards. C. Conduct Annual Inspections of Treatment & Flow Control Facilities The City's existing inspection program also includes annual post construction inspection of all known private commercial stormwater treatment and flow control facilities. D. Inspection of Large Common Plan Development's Stormwater Facilities During Residential Constructions Under the existing system, all subdivisions and planned unit developments containing storm systems are encouraged to dedicate these stormwater facilities to the City at the time of final approval. The developer/owner is required to create and maintain a two- year maintenance bond to ensure the owner continues to maintain these facilities during the first two years (most often the heaviest construction period) following final approval. SWM maintenance and inspection staff conducts periodic inspection of these facilities during the period of the maintenance bond to identify the maintenance needs and enforce compliance with maintenance standards. The City takes over operation and maintenance of these facilities once the maintenance bond is released. Page 21 of 26 City of Federal Way NPDES Phase II Stormwater Management Program S WM plans to evaluate and modify (if necessary) this existing program to ensure the inspection frequency during the two year maintenance bond meets the minimum requirements specified within the Permit. IV. Tracking Inspections, Enforcements, Warnings and Violations (Permit Requirement SS.C.4.d) Records of inspections and enforcements regarding long term maintenance of private stormwater systems are maintained under our existing inspection programs. However, S WM staff are reviewing and evaluating our record keeping procedures in an effort to simplify reporting on the different aspects of this program. V. NPDES Forms Available to the Public (Permit Requirement SS.C.4.e) NPDES Construction Stormwater General Permit Focus Sheets have been made available at the City's Permit Center since June of 2007. Pursuant to a communication from the Washington State Department of Ecology dated May 30, 2007, these focus sheets may be made available to the public in lieu of the application (Notice of Intent). In addition, during the development review process, the City's Development Services staff notifies developers if the project meets the one acre threshoid for the NPDES Construction Stormwater General Permit. VI. Verification Staff Responsible for Program Implementation are Trained (Permit Requirement SS.C.4� All permanent construction site run-off inspection staff have attained or will attain the Certified Erosion Sedimentation Control Lead (CESCL) certification. Development review staff and post construction inspection staff are trained under our existing development review criteria and maintenance standards. Page 22 of 26 City of Federal Way NPDES Phase II Stormwater Management Program SECTION 5- POLLUTION PREVENTION AND OPERATIONS AND MAINTENANCE "Within three years of the effective date of this Permit, euch Permittee shall develop and implement an operations and maintenance (O&M) program that inclaides a training component and has the ultimate goal of preventing or reducing pollutant run-off from municipal operations. "(Permit Requirement S�. C. �.) Pursuant to Permit Requirement SS.C.S., all elements of the operations and maintenance program must be in place by February 16, 2010. The City of Federal Way maintains a proactive and effective maintenance program of the City's drainage infrastructure, which includes catch basins, pipes, open channels, as well as residential and regional retention/detention facilities. SWM conducts regular inspection and maintenance of these #'acilities to ensure they are functioning properly — reducing the incidence of flooding and providing water quality treatment. I. Maintenance Standards (Permit Requirement SS.C.S.a) The Surface Water 1Vlanagement Division has maintenance standards in piace prior to the effective date of this Permit (Stormwater System Operations & Maintenance Manual, KCM. June 1997). Regular maintenance of SWM's facilities is conducted by SWM Maintenance staff consistent with the adopted standards to ensure stormwater facilities are functioning properly. SWM staff are currently evaluating the City's existing maintenance standards in comparison to regional standards (the Regional Road Maintenance ESA Program Guidelines and Chapter 4 of the 2005 Stortnwater Management Manual for Western Washington) to determine what changes a�e necessary to meet the minimum requirements of this Permit. In addition, SWM staff is actively participating in the Regional NPDES O&M Forum, known as NPDES ROAD MAP, which is atso evaluating regional maintenance standards for compliance with NPDES permit requirements. II_ AnnualInspections (Permit Requiremertt SS.C.S.b) Under S WM's existing program, all known municipally owned or operated stormwater treatment and flow control facilities are inspected and maintained at a minimum, annually. All known City owned or operated stormwater retention/detention ponds are currently inspected and rnaintained twice a year. SWM staff is currently developing an Operations and Maintenance record keeping system to track ail required inspections and maintenance of the City's stormwater facilities. The tracking system will be implemented prior to the February i6, 2010 deadline. Page 23 of 26 City of Federal Way NPDES Phase II Stormwater Management Program III. Spot Check Inspections (Permit Requirement SS.C.S.c) S WM maintains a"Hot Spot" list of locations subject to surface water related problems during major storm events. Typically these problems occur due to conveyance systems becoming obstructed. SWM staff conducts "Spot Check" inspections of these locations on. the list during and after major storm events to ensure the systems are functioning properly and to determine/conduct any maintenance or repair needs. IV. CB and Inlet Inspections (Permit Requirement SS.C.S.d) SWM's existing catch basin monitoring program monitors sediment levels in catch basins and inlet structures. Sediment levels in catch basins (CBs) have been monitored over a period of eight years. Based on the information gathered, the City has been divided into seven sub-areas or circuits. Sampling locations have been established within each circuit. When sediment levels equals or exceeds 50% of the capacity of the CB sump on average in the sampling circuit, all CBs and inlet structures in that circuit are cleaned. In addition, high use areas (such as arterials) in each sub-area are cleaned annually. SWM has reviewed the existing sampling locations for all circuits to ensure the CB sampling requirements identified in the Permit are met. V. Compliance with Inspection Requirements (Permit Requirement S.S.C.S.e) While the City is currently meeting the majority of the inspection requirements identified in the above sections, prior to February of 2010, SWM staff will modify our existing program as necessary �vith the intent of ineeting the minimum 95% goal for inspection of all sites. VI. Practices to Reduce Stormwater Impacts (Permit Require�nent SS.Gs.f} As a part of the review of maintenance standards, SWM staff plans to refine, and where necessary, establish and implement practices and procedures to reduce stormwater impacts associated with runoff from streets, parking lots, roads and highways owned or rnaintained by the City, as well as road maintenance activities conducted by the City. Activities that will be addressed include: pipe and culvert cleaning, ditch maintenance, street cleaning, road repair and resurfacing, snow and ice control, utility installation, pavement striping, maintaining roadside areas and vegetation, and dust control. VII. BMPs to Reduced Pollutants Discharged from City Lands (Permit Requirement SS.C.S.g) Prior to February 2010, City staff will complete the review of, and if necessary, modify policies and procedures regarding the maintenance and operation of all lands owned or maintained by the City in an effort to reduce the discharge of stormwater pollutants. These lands wili include, but are not limited to: parks, open space, road right-of-way, Page 24 of 26 City of Federal Way NPDES Phase II Stormwater Management Program maintenance yards, and stormwater treatment and flow control facilities. Policies and procedures to be addressed include: application of fertilizers, pesticides and herbicides, sediment and erosion control, landscape maintenance, vegetation disposal, and cleaning and maintenance of building exteriors. VIII. Develop & Implement On-Going Training (Pennit Requirement SS.C.S.h) The City is developing an on-going training program for employees whose construction, operations or maintenance job functions may impact water quality. The training program will address the importance of protecting water quality, the requirements of this Permit, operations and maintenance standards, inspection procedures, BMP selection, ways to perform their job activities to prevent or minimize impacts to water quality and procedures for reporting water quality concerns, including potential illicit discharges. The City will provide follow-up training as needed to address changes in procedures, techniques or requirements. The City will also track and maintain records of training provided. The broad scope �f training will affect staff from most of the City Departments including Public Works, Community Development, and Parks, Recreation and Cultural Services. An ongoing training program witl be in place by February 16, 2010. IX. Develop and Implement SWPPPs (Heavy Equipment and Storage Yards) (Permit Requirement SS.C.S.i) The City is in the process of developing and implementing a Stormwater Po(lution Prevention Plan (SWPPP) for all heavy equipment maintenance or storage yards, and material storage facilities owned or operated by the City in areas subject to the City's Permit that are not required to have coverage under the General NPDES Permit for Stormwater Discharges Associated with Industrial Activities or another NPDES Stormwater permit. Implementation of non-structural BMPs �vitl begin after the pollution prevention plans are developed and a schedule for implementation of structural BMPs �vill be included in the SWPPP. Generic SWPPPs that can be applied at multiple sites may be used to comply with this requirement. The SWPFP will include periodic visual observation of discharges from the facility to evaluate the effectiveness of the BMPs. Ali SWPPPs will be implemented by February 16, 2010 as required in the permit. Page 25 of 26 City of Federal Way NPDES Phase II Stormwater Management Program X. Record Keeping and Tracking (Permit Requirement SS.C.S j) The City will maintain records of inspections and maintenance or repair activities in accordance with the S9 Reporting Requirements of the Permit. While an existing tracking program is in place for many of the required elements of the O&M Section of the Permit, methods of record keeping and tracking vary between the program elements. SWM staff is currently developing an O&M recordkeeping system to track all required inspections and maintenance of the City's stormwater facilities. The tracking system will be implemented prior to the February 16, 2010 deadline. Page 26 of 26 City of Federal Way NPDES Phase II Stormwater Management Program CITY OF ��r� Federa I Wa y Annual Re ort p 2009 Pursuant to the Western Washington Phase II Municipal Stormwater Permit # WAR 04 — 551G Instructions on Filiing out the Western WA Phase 11 Municipal Stormwater Permit Annual Report Form 1. Complete al1 TABS in the worksheet: (1) Permittee Information; (2) Ce�ification; {3) ANNUAL REPORT (Section VI); (4) Info Collection (Section VII-A); (5) Info Collection (Section V1!-B); (6) Info Collection (Section VII-C); and (7) Info Collection (Section Vll-D). 2. The Certification form/TAB must be siqned and certified bv the responsible official(s). All TABs (except the 1NSTRUCTIONS) must be printed out and mailed to Ecology. 3. Answer every question. Use the Comments and Attachment fields only when necessary #o provide additional information. 4. For ques#ions asking for a numbe�, type in a 0(zero) in the # field of the ANNUAL REPORT tab if no activity has occurred. Do not leave the field blank. 5. Do not add text to shaded fields. 6. Use the following tables to guide filling out the Y/N/NA field. See below. 7. Save your completed Annual Report and email the Excel worksheet PLUS attachments to: PH2 WAnnRpt@ecy.wa.gov. Ecology cannot accept incomplete or partially completed Annual Report forms. If you met the permit requirement by the deadline in Mark Y in the Y/N/NA field. t6e permit... Mark N in the Y/N/NA field. If you did not meet the permit requirement by the deadline in Provide following information in Comments field: "reasons the permit ..... why, corrective steps taken and proposed, and expected dates that the deadline will be met. [See S9.E.2.d for full description of required additional information.] If the permit requirement does not apply to you or is not yet Mark NA in the Y/N/NA field. due..... You may note in the Comments field if the recluirement is not yet due. 1. Permittee Information Permittee Name Citv of Federai Vti Contact Name William Appieton. P.E. Mailing Add� PO Box 9718 Federal Email Adddress .com il. Regulated Small MS4 Location of Federal Major Receiving Water(s) The Puqet Sound Permittee Coverage Number WAR 04-55 i 6 Phone Number (253) 835-2750 State Zip + 4 WA 98063-9718 Entity Type: Check the box X applies Other 111. Relying on another Governmental Entity If you are relying on another governmental entity to satisfy one or more of the permit obligations, list the entity and briefly describe the permit obligation(s) they are implementing on your behaif below. Attach a copy of your agreement with the other entity to provide additional detail. Name of Entity: Permit Obligation(sj: N/A IV. Certification All annual reports must be signed and certified by the responsible official(s) of permittee or co- permittees. Please print and sign this page of the reporting form and mail it (with an original signature) to Ecology at the address noted below. An electronic signature will not suffice. I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that Qualified Personnel properly gathered and evalua.ted the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and comptete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for willful violations. Title IName I Name I Name I Name Title Title Title Date Date Date Date Title Date VI. Status Report Covering Calendar Yr: 2009 PLEASE indicate reporting year and your jurisdiction in Line 1, above. PLEASE refer to the INSTRUCTIONS tab for assistance filling out this table. Jurisdiction Name: City of federa� way NOTE: ltems that have future compliance dates must still be answered to indicate status. NOTE: For Garification on how to answer questions, place cursor over cells with red flags. NOTE: Highiighted items indicate requirements that are due in 2009. PLEASE review your work for completeness and accu�acy. Save this worksheet as you go! Questioo Y/N/ # Comments (50 word limit) Name of Attachment 8 NA Page #, if apalicable i. Attached annual written update of Permittee's Y See attached SWMP SWMP Stormwater Management Program (SWMP), including app(icabie requirements under SS.A.2 and S9? 2. Attached a copy of any annexations, NA No boundary chages were made incorporations or boundary changes resulting in an increase or decrease in the Permittee's geographic area of permit coverage during the reporting period, and implications for the SWMP as per S9.E.3? 3. Implemented an ongoing program for Y See attached SWMP SWMP Introdudion gathering, tracking, maintaining, and using information to evaluate SWMP development, implementation and permit compliance and to set priorities? (SS.A.3) 4. Began tracking costs or estimated costs� of the Y development and implementation of the SWMP? (Required no later than January 1, 2009, SS.A.3.a) 5. SWMP includes an education program aimed Y See attached SWMP S1NMP Section 1 at residents, businesses, industries, elected officials, policy makers, planning staff and other employees of the Permittee? (Required to begin by February 15, 2009, SS.C.1) 6. Distributed appropriate information to target Y ` See attached SWMP SWMP Section 1 audiences identified in the area served by the MS4? (Required to begin by February i 5, 2009, SS.C. La) 7. Tracked the types of public education and Y See attached SVVMP SWMP Section t outreach activities implemented. (Required to begin by February 15, 2009, SS.C.I.c) 7b. Number of activities im lemented: 89 8. Measured the understanding and adoption of Y See attached SWMP SWMP Section 1 the tazgeted behaviors among at least one targeted audience in at ieast one subject area (Required to begin by Eebruary 15, 2009, SS.C.I.b) 9. Provided opportunities for the public to Y See attached SWMP S1NMP Sec6on 2 participate in tlie decision making processes involving the development, implementation and updates of the Permittee's S WMP? {Required by February 15, 2008, SS.C.2.a) Page f of 72 Question Y/Nl # Comments (50 word limit) Name of Attachment 8 NA Page #, if aaalicable l0. Developed and implemented a process for Y See attached SWMP SWMP Section 2 public involvement and consideration of public comments on the SWMP? (Required by February 1 �, 2008, SS.C.2.a) 11. Made the most current version of the SWMP Y Available at counter, on request, and o� available to the ublic. (SS.C.2.b) website. 12. Posted the SWMP and latest annual report on Y See attached SWMP SWMP 8ec6on 2 our website. (SS.C.2.b) t 2b. NOTE website address in Attachment field: www.aryoffederalway.com/npde s 13. [nitiated or implemented an ongoing program Y See attached SWMP SWMP Section 3 to detect and remove illicit connections and itlegal discharges into the Permittee's MS4? (Required August 19, 20l 1, SS.C3) 14. Developed and currently maintain a map of NA Not required until 2011. SeE attached SWMP SWMP Section 3 your MS4? (Required by February 16, 20l 1, SS.C.3.a) t4b. [niriated a program to develop and maintain a Y Program has been initated. See attached SVUI�AP Sedion 3 map of all connections to the MS4 authorized SWMP or altowed by the Permittee after the Permit effective date? (SS.C.3.aii) 1 �. Map shows the location of all known NA ' Not required until 2011. See attached SWMP SWMP Section 3 municipal separate storm sewer outfatls, receiving waters and structurat stormwater BMPs owned, operated; or maintained by the Permittee? (Required by February 16, 201 l, S�.C.3.ai) i 6. Map shows all storm sewer outfalls with a 24 Y See attached SWMP SWMP Section 3 inch nominal diameter or targer, or an equivalent cross-sectional area for non-pipe systems and includes tributary conveyances, associated drainage areas and land use? (Required by February 16, 20l I, SS.C.3.ai) 17. Map shows geographic areas served by the 1' ° See attached SWMP SWMP Section 3 Permittee's MS4 that do not discharge stormwater to surface waters? {Required by February 16, 201(, SS.C.3.aiii) 18. Map has been made available upon request? Y (SS.C_3.aiv) 19. Developed and implemented regulatory actions Y See attached SWMP SWMP Sec6on 3 necessary to effectively prohibit non- stormwater, illicit dischazges into ihe Permitt�'s MS4? (Reguired by August 15, 2009, SS.C3.b) 20. Developed and implemented an ongoing Y See attached SWMP SWMP Section 3 program to detect and address non-stormwater illicit discharges, including spiils, and itticit connections into the Permittee's MS4? (Required by August (9, 201 I, SS.C3.c) Page 2 of 12 Question Y/N/ # Comments (50 word limit) Name of Attachment � NA Page #, if apalicable 21. Developed procedures for locating priority Y See attached SWMP SWMP Section 3 areas likely to have illicit discharges, including at a minimum: evaluating land uses and associated business/industrial activities present; areas where complaints have been registered in the past; and areas with storage of large quantities of materials that could result in illicit discharges, inc(uding spills? (Required by August i9, 2011, S�.C.3.c.i) 22. Implemented field assessment activities, NA Not required unti12011. See attached SWMP SWMP Section 3 including visua! inspection of priority outfalls identified during dry weather, and for the purposes of verifying outfall iocations, identified previously unknown outfalts, and detected illicit discharges? (Required by August 19, 20I 1, SS.C3.c.ii) 23. Priocitized receiving waters for visual Y See attached SWMP SWMP Section 3 inspection? (Required by February t6, 2010, S�.C.3.c.ii) 24. Conducted field assessments for three high NA Not required until 201 i. See attached SWMP SWMP Section 3 priority water bodies? (Required by February i6, 20l (, S�.C.3.c.ii) 25. Conducted field assessments on at least one NA Not required annually until after February 16, SWMP Section 3 high priority water body? (Reguired annually 201 L See attached SWMP atiter February 16, 201 l, SS.C.3.c.ii) 26. Developed and implemented procedures for Y See attached SWMP SWMP Sec6on 3 characterizing the nature of, and potential public or environmental threat posed by, any illicit discharges found by or reported to the Permittee? {Required by August 19, 201 l, S�.C.3.c.iii) 27. Developed and implemented procedures for Y See attached SWMP SWMP Section 3 tracing the source of an illicit discharge; including visual inspections, and when necessary, opening manholes, using mobile cameras, collecting and analyzing water samples, andlor other detaited inspection procedures? (Required by August (9, 20l 1, SS.C.3.c.iv) 28. Developed and imp(emented procedures for Y See attached SWMP SWMP Section 3 removing the source of the discharge, including notification of appropriate authorities; notification of the property owner; technical assistance for eliminating the dischazge; follow-up inspections; and escalating enforcement and legal actions if the discharge is not eliminated? (Required by August 19, 201 i, SS.C.3.c.v.) 29. [nformed public employees, businesses, and Y See attached SWMP SWMP Section 3 the general public of hazards associated with illegal discharges and improper disposal of waste? (Required by August 19, 2011, SS.C.3.d) Page3d12 Question YiN/ # Comments (50 word limit) Name o# Attachment 8� NA Page #, if applicable 30. Distributed appropriate information to target Y See attached SWMP SWMP Section 3 audiences identified pursuant to S�_C.1? (Required by August 19, 20( l, S�.C.3.d.i) 31. Pub(icized a hotline or other local telephone Y ' See attached SWMP SWMP Section 3 number for public reporting of spills and other _ illicit discharges? (Required by February 15, 2009, SS.C3.d.ii) 31 b. Number of hotline calls received: 14 3la Number of follow-up actions taken in response : •� to calls: 32 Maintained a hotline or other reporting number Y See attached SWMP SWMP Section 3 for publie reporting of illicit discharges, induding spilis? (Required by February 15, 2009, SS.C3.d.ii) 32b. NOTE hotline number in Comments field y; (253) 835-2700 33 Tracked the number of ilticit discfiarges, Y See attached S1NMP SWMP Section 3 including spills, identified? (Required by August l9, 201 l, S�.C3.e) 33b. Number of ilticit dischar es identified: `° 55 34 Tracked the number of inspections made for Y See attached SWMP SWMP Section 3 illicit connections? (Required by August (9, 20( l, SS.C3.e) 34b. Number of ins tions: 6 35 Received feedback from [DDE public NA : Not required until 2011. See attached SWMP SWMP Section 3 education efforts? (Required by August 19, 2011, SS.C3.e) 36 Attached repoR on [DDE public education NA Not required until 2011. efforts? (Required by August 19, 201 l, SS.C.3.d, SS.C3.e) 37 Municipal field staffresponsible for Y See attached SWMP SWMP Sectio� 3 identification, investigation, termination, cleanup, and reporting of illicit discharges, improper disposal and illicit connections are trained to conduct these activities? (Required by August i5, 2009, SS.C.3.f.i) 37b. Number of trainin s rovided: 5 37c. Number of staff trained: `" 37 38 Provided follow-up training as needed to Y See attached SWMP SWMP Section 3 address changes in procedures, techniques or requirements? (Required by August 15, 2009, SS.C.3.f.i) 38b. Number of trainin s rovided: � 38c. Number of staff#rained: � 39 Developed and implemented an ongoing Y - See attached SWMP SWMP Section 3 training program on the identification of an itlicit discharge%onnection, and on the proper procedures for reporting and responding to the illicit discharge/ connection for alt municipal field staff, which, as part of their normal job responsibi(ities, might come into contact with or otherwise observe an illicit discharge or illicit connection to the storm sewer system? (Required by February (6, 2010, SS.C.3.f.ii.) 39b. Number of trainin s rovided: � 39c. Number of stafftrained: 33 Page 4 d 12 Question Y/N/ # Comments (50 word limit) Name of Attachment � NA Page #, if apalicable 40 Developed, implemented and enforced a NA Program initiated. Not required until 2010. See SWMP Section 4 program to reduce pollutants in stormwater attached SWMP runoff to a regulated smatl MS�I from new deveiopment, redevelopment and construction site activities? (Required by Eebruary 16, 201Q S�.C.4) 41 Applied stormwater runoff program to ail sites NA ` Not required untit 2010. See attached S1NMP SWMP Section 4 that disturb a land area I acre or greater, including projects less than one acre that aze part of a larger common p(an of the development or sale? (Required by February 16, 20i0, S�.C.4) 42 Applied stormwater runoff program to private �A Not required until 2010. See attached SWMP SWMP Section 4 and public development, including roads? (Required by February l6, 2010, SS.C.4) 43 Apptied the Technical Thresholds in Appendix NA Not required until 2010. See attached SWMP SWMP Section 4 1 to all sites L acre or greater, including projects less than one acre that are part of a larger common plan of the development or sale? (Reguired by February l6, 20 t 0, SS.C.4) 44 Adopted and implemented reguiatory NA Not required until 2090. See attached SWMP SWMP Seciion 4 mechanism (such as an ordinance) necessary to address run-off from new development, redevelopment and construction site activities? (Required by February l6, 2010, SS.C.4.a) 45 Retained existfng local requirements [o apply Y See attachedBWMP SWMP Section 4 stormwater controls at smaller sites or at lower thresholds than required pursuant to SS.C.4? (SS.A.4) 46 The ordinance or other enforceable mechanism NA To adopt ihe 2009 King County Surface Water SWMP Section 4 includes the minimum requirements, technical Design Manual. Not required untii 2010. See thresholds, and definitions in Appendix i(or attached SWMP an equivalent approved by Ecology ander the NPDES Phase I Mun+cipat Stormwater Permit) for new development, redevelopment, and construction sites? (Reguired by February 16, 201Q S�.C.4.ai) 47 The ordinance or other enforceabte mechanism � Not required until 2010. See attached SWMP SWMP Sectio� 4 inctudes exceptions and variance criteria equivaient to those in Appendix t? (Required by Eebruary 16, 201Q SS.C.4.a.i., and Section 6 of Appendix 1) 48 Were exceptions or variances to the minimum � Not required unti12010. See attached SWMP SWMP Section 4 requirements in Appendix 1 granted? (Required by February 16, 2010, S�.C.4.ai., and Section 6 of Appendix i) 48b. If so, how man were ranted? 0 Tradcing not required until 2010 Page s or 12 Question YIN/ # Comments (50 word limit) Name of Attachment � NA Page #, if aaplicable 49 The ordinance or other enforceable mechanism NA Not required until 2010. See attached SWMP SWMP Section 4 includes a site pianning process and BMP selection and design criteria that, when used to imptement the minimum requirements in Appendix t(or equivalent approved by Ecology� under the Phase I Permit) tivil( protect water quality, reduce the discharge of pollutants to the maximum extent practicabie and satisfy the State requirement under Chapter 90.48 RC W to apply all kno�vn, available and reasonable methods of prevention, control and treatment (AKART) prior to discharge? (Reguired by February 16, 2010, S�.C.4.a.ii) 49b. Cite documentation to meet this requirement in Y Not required until 2010. Attachment field: 50 The ordinance or other enforceable mechanism Y Federal Way Revised City Code 19.25.080 SWMP Section 4 provides the legal authoriry, through the and 16.10.065. See attached SWMP for approval process for new development, to details. inspect private stormwater facitities that discharge to the Permittee's MS4? (Required by February t6, 201Q S�.C.4.aiii) 51 The ordinance or other enforceabie mechanism NA Not required until 2010. See attached SWMP SWMP Section 4 allows non-structural preventive actions and source reduction approaches such as Low Impaci Development (L[D) Techniques to minimize the creation of impervious surfaces and minimize the disturbance of native soils and vegeta[ion? (Reguired by February 16, . 2010, S�.C.d.aiv) 52 If the ordinance or regulatory mechanism NA The City has decided not to make this option SWMP Section 4 altows construction sites to apply the Erosivity available_ See attached SWMP Waiver in Appendix 1, Minimum Requiremen #2, does it inc(ude appropriate, escalating � enforcement sanctions for construction sites that provide notice to the Permittee of their intention to appty the waiver but do not meet the requirements (including timeframe restrictions, limits on activities that result in non-stormwater discharges, and implementation of appropriate BMPs to prevent vioiations of water quality standards) to quaiify for the waiver? (If waiver is allowed, the qualification is required by February i6, 20i0, S�.C.4.a.v) 53 Developed and implemented a permitting Y See attached SWMP SWMP Section 4 process to address runoff from new development, redevelopment and construction site activities with plan review, inspection, and enforcement capability? (Required by February 16, 20i0, SS.C.4.b) Page 6 of 12 Question Y/N/ # Comments (50 word limit) Name of Attachment 8� NA Page #, if applicable �4 Apptied permitting process to atl sites that Y See attached SWMP SWMP Section 4 disturb a land area 1 acre or greater, including projects less than one acre that are part of a larger common plan of the development or sale? (Required by Februan� 16, 2010, SS.C.4.b) 5� Reviewed Stormwater Site Plans for new Y : See attached SiNMP SWMP Section 4 development and redevelopment projects? (Required by February 16, 2010, S�.C.4.b.i) SSb. Number of site plans reviewed during the 0 Tracking not required until 2010 reportin riod Sb [nspected, prior to clearing and construction, Y See attached SWMP SWMP Section 4 a11 known development sites that have a high potential for sediment transport as determined through plan review based on definitions and requirements in Appendix 7 Determining Construction Site Sedimeat Fotential? (Required by February l6, 2010, SS.C.4.b.ii) 56b. Number of quaiifying sites inspected prior to 0 Tracking not required unti12010 clearing and construction during the reporting period• �7 Inspected construction-phase stormwater Y See attached SWAAP SWMP Section 4 controls at all known permitted development sites during construction to verify proper instaliation and maintenance of required erosion and sediment controls? (Reguired b�� Eebruary 16, 2010, SS.C.4.b.iii) �7b. Number of sites inspected during the 0 Tracking not required unti12010 conshuction phase for the reporting period: 58 Enforced as necessary based on the inspection 1' See attached SWMP SWMP Section 4 at new devetopment and redevelopment projects? (Required by Eebruary l6, 20 i 0, SS.C.4.b.iii) 58b. Number of enforcement actions taken during 0 Tracking not required until 2010 the r rtin eriod: 59 Inspected qualifying permitted development Y See attached SWMP SWMP Section 4_ sites upon completion of construction and prio ' to 6nal approvai or occupancy to ensure proper installation of permanent stormwater controls such as stormwater facilities and structura! BMPs? (Required by February 16, 2010, SS.C.4.b.iv and v) 59b. Number of qualifying sites known during the 0 Tracking not required unti12010 re rting riod: 59c. Number of qualifying sites inspected during 0 Tradcing not required unti12010 the re rting riod: 60 Verifed a maintenance plan is completed and NA Not required untii 2010. See attached SWMP SbVMP Section 4 responsibility for maintenance is assigned for qualifying projects? (Required by February 16, 20t0, SS.C.4.b.iv) Page 7 of 12 Question Y/N/ # Comments (50 word limit) Name o# Attachment � NA Page #, if applicable 61 Enforced regulations as necessary based on the Y See attached SWMP SWMP Section 4 inspection? (Reguired by February 16, 2010, S�.C.�.b.iv) 61 b. Number of enforcement actions taken during 0 Tracking not required until 2010 the reportin period: 62 Developed and implemented an enforcement Y See attached SWMP SWMP Section 4 strategy to respond to issues of non- compiiance with the regulations for qualifying projects? (Required by February l6, 20 t 0, S�.C.4.b.vi) 63 Did the Permittee choose to allow construction NA The City has decided �ot to implement the SWMP Sedion 4 sites to app(y the Erosivity Waiver in Erosivity Waiver option. See attached SWMP. Appendix 1, Minimum Requirement #2? (SS.C.4.b.vii) 63b. If es, how man �vaivers were allo�ved ? 0 NA 64 Developed and implemented a long-term Y See attached SWMP SWMP Section 4 operation and maintenance (O&M) program for post-construction stormwater facitities and BMPs? (Required by February• i6, 20(0, SS.C.4.c) 65 Adop[ed an ordinance or other regulatory Y Federal Way Revised Code 16.36.020 and SWMP Sedion 4 mechanism that clearty identifies the party 16.35.030. See attached SWMP for details_ responsible for maintenance, requices inspection of facitities and establishes enforcement procedures? (Required hy February 16, 2010, SS.C.4.c.i) 66 Inspected post storm�vater Y See attached SWMP SUVMP Section 4 controls, inctuding structura! BMPs, at new devetopment and redeveiopment projects? (Required by February 16, 20t0, S�.C.4.c) 66b. Number of sites inspected during the reporting 0 Tracking not required until 2010 eriod: 66c. Number of structural BMPs inspected duri�g 0 Tradcing not required until 2010 the reportin eriod: 66d. Number of enforcement actions taken during ` 0 Tracking not required unti12010 the re Ring eriod: 67 Established maintenance standards that are as � Preparing to adopt the 2009 King County SWMP Section 4 protective, or more protective, of facility Surface Water Design Manuat. Not required functioa as those specified in Chapter 4 of until 2010. See attached SWMP Volume V of the 2005 Stormwater Maaagement Manual for Western Washington? (Required by February I6, 2010, SS.C.4.c.ii) 68 Performed timely maintenance as per NA Not required until 2010. See attached S1MuIP SWMP Section 4 SS.C.4.e.ii? (Required by February l6, 2010, SS.C.4.c.ii) 68b. Attached documentation of any maintenance NA delays. (Required by February l6, 2010, SS.C.4.c.ii) 69 Established program to annuatly inspect all . Y " See attached SWMP SWMP Secdon 4 stormwater treatment and flow control facilities (other than catch basins) permitted by the Permittee according to S�.C.4.b. unless there are maintenance records to justify a different frequency? (Required by Eebruary 16, 2010, SS.C.4.c.iii) Page 8 of 12 Question YlN/ # Comments (50 word limit) Name of Attacfime�t 8 NA Page #, if applicable 70 If using reduced inspection frequency, NA Attached documentation as per S�.C.4.c.iii? (Required by February 16, 2010, S�.C.4.c.iii) 71 [nspected all new stormwater treatment and NA "- Not required until 2010. See attached SWMP SWMP Section 4 flow control faciiities owned or operated, iacluding catch basins, E'or new residential developments that are a part of a larger common plan of development or sale, every 6 months during the period of heaviest house construction (i.e., I to 2 years following subdivision approval) to identify maintenance needs and enforce compliance with maintenance standards as needed? (Required by February 16, 2010, S�.C.4.c.iv) 7tb. Number of facitities inspected during the `. 0 Tradcing not required until 2010 reporting riod: 72 Implemented a procedure for keeping records � Not required unti12010. See attached SWMP SWMP Section 4 of inspections and enforcement actions by � staff, including inspection reports, warning letters, notices of violations, other enforcement records, maintenance inspections and maintenance activities? (Required by February i6, 2010, S�.C.4.d) 73 Provided copies of the No6ce of Intent for Y See attached SWMP SWMP Section 4 Construction Activity and Notice of Intent for [ndastrial Activity to representatives of proposed new development and redeveiopment? (S�.C.4.e) :� - 74 Al! staf�responsibie for implementing the Y See attached SWMP SWMP Section 4 program to control stormwater runoff from new development, redeveiopment, and construction sites, including permitting, plan review, construction site inspections, and enforcement were trained to conduct these activities? (Required by Eebruary 16, 2010, SS.C.4.� 74b. Number of trainin s rovided: 1 74c. Number of staff trained: 8 75 Developed and implemented an operations and � Not required unti12010. See attached SWMP SWMP Section 5 maintenance (O&M) program that includes a training component and has the uliimate goal of preventing or reducing pollutant runoff fro municipal operaiions? (Required by February i6, 2010, SS.C.S) 76 Adopted maintenance standards as proteckive, �A Preparing to adopt the 2009 King County SWMP Section 5 or more protective, of facility function as those Surface Water Desgn Manuai. Not required specified in Chapter 4 of Volume V of the until 2010. See attached SWMP 2005 Stormwater Management Manual for Western Wushington ? (ltequired by February !6, 2010, SS.C.�.a) Page 9 of 12 Question YINI # Comments (50 word limit) Name of Attachment & NA Page #, if applicable 77 Performed time(y maintenance as per NA Not required unti12010. See attached S1NMP SWMP Sec6on 5 S�.C.�.a.ii? (Required by February 16, 2010, S�.C.�.aii) 77b. Attached documentation of any maintenance NA delays. (Required by February 16, 2010, SS.C.�.a.ii) 78 Designed a program to annua(ly inspect and Y See attached SWMP SWMP Section 4 maintained all stormwater treatment and tlo�v control facilities (other than catch basins)? (Required by February 16, 2010, SS.C.4.c.iii) 78b. Number of known facilities_ : 0 Tracking �ot required unGl 2010 78a Number of facilities inspected during the 0 Tracking not required until 2010 re rtin riod: 79 If using reduced inspection frequency, NA Attached documentation as per SS.C.�.a.ii? lReguired by February 16, 2010, S�.C.S.b) 80 Conducted spot checks of stormwater facilities Y ' See attached SWMP SWMP Sec�ion 5 after major storms? (Reguired by February 16, 2010, SS.C.�.c) 80b. Number of known faciiities: 0 Tracking not required unti12010 SOc. Number of facilities inspected during the p Tracking not required until 2010 re ortin eriod: 81 Inspected municipally owned or operated catch Y See attached SWMP SWMP Section 5 basins at least once before the end of the Permit term? (Reguired by February 16, 2010, SS.C.S.d) 81 b. Number of known catch basins: 0 Tradcing not required until 2010 81 c. Number of ins ections: 0 Tracking not required unti12010 81 d. Number of catch basins cleaned: 0 Tracking not required until 2010 82 Established and implemented practices to NA Not required until 2010. See attached SWMP SWMP Section 5 reduce stormwater impacts associated tivith runoff from streets, parking lots, roads ar highways owned or maintained by the Permittee, and road maintenance activities conducted by ihe Permittee? (Required by February l6, 2010, SS.C.S. fl 83 Established and implemented policies and NA Not required uniil 2010. See attached SWMP SWMP Sedion 5 procedures to reduce pollutants in discharges from all lands owned or maintained by the Permittee and subject to this Permit, including but not limited to: parks, open space, road right of-way, maintenance yards, and stormwater , treatment and flow control facilities? (Required by February l6, 2010, S�.C.�.g) 84 Implemented an operations and maintenance NA Not required until 2010. See attached SWMP SWMP Section 5 (O&M) progratn that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations? (Required by February 16, 2010, SS.C.S.h.) 84b. Number of trainin s rovided: 0 Tradcing not required until 2010 84c. Number of staff trained: 0 Tracking noi requ+red until 2010 P�e 1� of 12 Question Y/N/ # Comments (50 word limit) Name of Attachment 8 NA Page #, if applicable 8� Implemented a Stormwater Pollution NA Not required until 2010. See attached SWMP SVUMP Section 5 Prevention Plan (SWPPP) for ali heavy equipment maintenance or storage yards, and material storage facilities owned or operated by the Permittee in areas subject to this Permit that are not required to have coverage under the [ndustrial Storm�vater General Permit? (Required by February i6, 20t0, SS.C.S.i) 86 Is there an approved Total Maximum Daily N ��; :; No TMDL listed water bodies in Federal Way. Load TMDL licable to stormwater -�� "° ( ) aPP �::. _ �=- discharges from a MS4s owned or operated by ';�'� � the Permittee? �`; 87 Complied with the specific requirements NA �` ,° No TMDL listed water bodies in Federal Way. identified in A ndix 2? (S7.A) '�{ q# 88 AttBChed status report of TMDL NA ?� .- No TMDL listed water bodies in Federal Way. w:;� �: im lementation? S7.A) � � v 89 Where monitoring was required in Appendix 2 , NA `,� � No TMDL listed water bodies in Federat Way. did you conduct the monitoring according to �� � an approved Quality Assurance Project Plan? =�-' (S7 A) > " � a- 90 Took appropriate action to correct or minimize NA ,� ;' = The City is not aware of any non-compliance in discharges into or from the MS4 which may �'` `` 2009. constitute a threat to human health, we(fare, or �},: ; the environment? (G3) _ 90b. Attached a summary of the status of NA �,� •-:` '' The City is not aware of any non-compliance in imp(ementation of any actions taken pursuant -� 2009. to S4.F and ihe status of any montioring, assessment, or eva(uation efforts conducted E; -� during the reporting period? (S4.F.3.d) �`:. 9i Notified Ecology of the fai(ure to comply with NA =. The City is not aware of any non-compliance in the permit terms and conditions within 30 days �; ° 2009. of becoming aware of the non-comptiance? �` - (G20) � �` " ��' 92 Notified Ecology immediately in cases where NA �#�:, :` "; The City is not aware of any non-compliance in the Permittee becomes aware of a discharge 2009. from the Permittees MS4 which may cause or �'' contribute to an imminent threat to human �"_ health or ihe environment? (G3) 93 Attached a summary of identified barriers to NA " � Not required until 2011. the use of low impact development (LID) and ��- measures to address the barriers (Required to `=' �. r be submiued by March 31, 2011, S9.E.4.a) ' Y,`� ::���. �' �:�.� _ ,, 94 Attac6ed a report describing LID practices � =r ; Not required unti12011. y � ; ��,� currently available and that can be reasonably implemented, potentiat or ptanned non- � structurat actions and LID techniques to � prevent stormwater impacts, goals and metrics 3"' to identify, promote, measure LiD; and �' � ,. ;. schedules to require and impiement non- ��„' structureal and LID techniques on a broader �:, �`` scale R uired to be submitted b March 31 �' ��` ( � y , F3� �� 2011, S9.E.4.b) � �' ` � ;�. ..'� : Page 11 of 12 VII. Information Collection, BMP Evaluation, and Monitoring Complete Part A for all annual reports. NOTE: Please note in Raw 1 of the table if you have no information to report. NOTE: Please limit your entries to 255 characters per cell. You may include additional information in your Supplemental Documentation attachment and reference it below with the page number. A. Information Collection Page 1 of 1 Briefly describe any stormwater monitoring, studies, or type of information collected and analyzed during the Who/how to contact for additional Vil. Information Collection, BMP� Evaluation, and Monitoring Complete Part B for all annual reports. B. SWMP Evaluation You are required to assess the appropriateness of the BMPs you have selected to implement your SWMP. This evaluation is necessary to evaluate whether the MEP standard set by the permit is protective of water quality in your receiving water bodies. This assessment may be entirely qualitative. Answer NA if you are not yet implementing BMPs for a component of the SWMP. (S8.B.2 and S9) Question Y�wNA Comments (50 word limit) See Section 1 of SWMP Are the BMPs selected and implemented for Public Outreach Y 1, appro riate to minimize pollutants in the MS4 to the MEP? Are the BMPs selected and implemented for Public See Section 2 of SWMP Involvement appropriate to minimize pollutants in the MS4 to Y 2. the MEP? Are the BMPs selected and implemented for Illicit Discharge See Section 3 of SWMP Detection and Elimination appropriate to minimize pollutants Y 3. in the MS4 to the MEP? � Are the_BMPs selected and implemented for Construction : Ciry is currently developing program and relevant BMPs. Stormwater Pollution Prevention appropriate to minimize NA 4. pollutants in the MS4 to the MEP? Are the BMPs selected and implemented for Post- City is currently developing program and relevant BMPs. Construction Runoff Management appropriate to minimize NA 5. ollutants in the MS4 to the MEP? Are the BMPs selected and implemented for Good City is currently developing program and relevant BMPs. Housekeeping for Municipal Operations appropriate to NA 6. minimize llutants in the MS4 to the MEP? Page 1 of 1 VIi. Information Collection, BMP Evaluation, and Monitoring Complete Part C for all annual reports. C. Changes in BMPs or objectives (S8.B) If any of the BMPs or objectives is being changed, list the old BMP and objective, the new BMP and objective, and a justification for the change below. (S8.B.2., and S9) NOTE: You may choose to attach additional documentation justifying Changes in BMPs or objectives. Note such attachments in the Justification for change field. Old BMP Old Objective New BMP New Objective Justification for Change Page 1 of 1 VII. Information Coilection, BMP Evaluation, and Monitoring D. Preparation for future, long-term monitoring Complete section D for the fourth annual report only. Question Identified outfalls or conveyances for long-term stormwater monitoring? 1. (S8.C.2.a) Attach site maps and descriptions. 1 b. (S8.C.2.a) Identified at least two questions for NA SWMP effectiveness monitoring and 2. develo ed monitoring plans? (S8.C.2.b} Attach the proposed questions and monitoring plans for SWMP y 2b. effectiveness monitorin . (S8.C.2.a.ii) Monitoring plan developed for each NA Not require 3. uestion? (S$.C.l.b.iii) Y/N/NA Comments (50 word limit) (Not required until 2011 Annual Report NA Y Not required until 2011 Annual Report ntil 2011 Annual Report 3b. Attach a copy of the monitorm lan. y Identified sites in preparation for future, Not required until 2011 Annual Report long-term monitoring? (S8.C.l.a., and NA 4. S8.C.2.b) Attach a summary of the status of site identification for long-term stormwater monitoring; proposed questions for SWMP effectiveness monitoring; and Y status of developing the SWMP 4b. effectiveness monitoring nlans. Name of Attachment? Page Number? . Page 1 of 1 2009 Annual Report - Appendix A(Stormwater Studies) Description of stormwater monitoring, studies, or type of � information collected and analyzed during the reporting period. Staff Contact (S8.B.1) Continuous water quality monitoring at four (4) in-pipe MS4locations Dan Smith, 1 utilizing automated instrumentation for flow, dissolved oxygen, Water Quality Coordinator temperature, and pH. 253-835-2756 Continuous water quality monitoring at one (1) in-pipe MS4 location Dan Smith, 2 Water Quality Coordinator utilizing automated instrumentation for turbidity. 253-835-2756 Continuous water qualiry monitoring at three (3) surface water Dan Smith, 3 Locations utilizing automated instrumentation for flow, dissotved Water Quality Coordinator oxygen, temperature, pH, and turbidity. 253-835-2756 Continuous water quality monitoring at two (2) surface water Dan Smith, 4 locations utilizing automated instrumentation for flow, dissolved Water Quality Coordinator oxygen, temperature, and pH. 253-835-2756 Continuous temperature monitoring at approximately seventeen (17) Dan Smith, 5 individual (both MS4 and surface water) sites utilizing automated Water Quality Coordinator loggers. 253-835-2756 Various grab samples collected to quantify stormwater contaminants Dan Smith, 6 of concern associated with prohibited stormwater discharges and code Water Quality Coordinator enforcement action. Samples were submitted to a local environmenta( 253-835-2756 laboratory for analysis. In-stream B-IBI macroinvertebrate samples collected and analyzed Dan Smith, 7 Water Quality Coordinator from eleven (11) individual sites. 253-835-2756 Hollie Shilley, 8 Catch basin sediment level monitoring. NPDES Coordinator 253-835-2752 Volunteer water quailty monitoring data. No quality control review or Dan Smith,� 9 Water Quality Coordinator data evaluation was conducted on this data. 253-835-2756 COUNCIL MEETING DATE: February 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:��,. SUB,TECT: Easter Lake Flood Control Improvements & West Branch Joes Creek Culvert Replacement - Project Acceptance POLICY QUESTION Should the Council accept the Easter Lake Flood Control Improvements & West Branch Joes Creek Culvert Replacement Project constructed by Ceccanti, Inc., as complete? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Councit Business ❑ Ordinance ❑ ResoluNon MEETING DATE:, Eebruary 1 , 2010 Q Public Hearing ❑ , Other STAFF REPORT_BY: William A�pleton, P_E., Surface Water Mana�er/� DEPT Public Works Attachments: Land Use and Transportation Committee memora�dum dated February 1, 2010. Options Considered: 1. Authorize final acceptance of the Easter Lake Flood Controt Improvements & West Branch Joes Creek Culvert Replacement Project constructed by Ceccanti, Inc., in the amount of $426,404.49, as comptete. 2. Do not authorize final acceptance of the completed Easter Lake Flood Control Improvements & West Branch Joes Creek Culvert Replacement Project constructed by Ceccanti, Inc., as complete and provide direction to staff. STAFF RECOMMEI�IDATION Staff recommends forwarding Option 1 to the February 16, 2010 City Council Consent Agenda for approvaL . C[TY MANAGER APPROVAL: �((,�jj�I� ��`�' Iw�' f ��� DIRECTOR APPROVAL: � L�.-"�_ Committee Council Committee Council COMMITTEE RECOMMENDATION The Committee recommends forwarding Option 1 to the Eebruary 16, 20t0 City Council Consent Agenda for approval. Dini Duclos. Chair PROPOSED COUNC[L MOTION: `7 Branch Joes Creek Culvert Replacem� complete_ " Member to accept the Easter Lake Flood Cdi�ol Improvements cP� West ject constructed by Ceccanti, Inc_, in the amount of $426,404.49 as (BELOW TO BE COMPLETED BY CITY CLERKS OFF/CE) COUNC[L ACTION: ❑ APPROVED COUNC[L B[LL # ❑ DENIED 1� reading ❑ TASLED/DEFERRED/NO ACT[ON Eoactment readiog ❑ MOVED TO SECOND READING (ordinances only) ORD[IYANCE # REYISED - 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 1, 2010 TO: Land Use and Transportation Comxnittee VIA: Cary M. Roe, P.E., Public Works and Parks Director FROM- William Appleton, P.E., Surface Water Manager fi�� ' Jeff Wolf, P.E., Surface Water Engineer SUBJECT: 2009 Easter Lake Flood Control Project — Projed Acceptance and Retainage Release BACKGROUND: Prior to release of retainage on a Public Works construcrion project, the Ciry Councii must accept the work as complete to meet State Department of Revenue and State Department of Labor and Indush requirements. The above-referenced contract with Ceccanti, Inc. is complete. The final construction contract amount is $426,404.49. This is within the budgeted amount of $460,887.41 (contract pius contingency) approved by the City Council on May 18, 2009. cc: Project Fite Central F�le K:ILUTC�3010'�?-1-10 Easter Lake Project Einal Acceptance.doc COUNCIL MEETING DATE: Eebruary 16, ?010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL MEETING DATE February l, ?O 10 SUBJECT interlocal Agreement with Lakehaven Utility District for Design and Construction of the S 3�8` St at I'` Avenue S Intersection Improvements Project POLICY QUEST[ON Should the Counci( authorize the City Manager to esecute the Interlocal Agreement benveen the City of Federal Way and Lakehaven Uti(ity District for the South 348` Street at 1'` Avenue South Intersection [mprovements Project? COMM[TTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ■ � Ordinance Resolution � � ITEM #:�� Public Hearing Other STAFF REPORT BY: Marwan Salloum, P.E., Deputy Pub(ic Works Director�"DEPT: Public Worl:s Attachments: 1. Land Use and Transportation Committee memorandum dated Eebruary l, ?O10. 2. Intertocal Agreement with Lakehaven Utility District. Options Considered: 1. Authorize the City Manager to execute the [nterlocal Agreement between the City of Federal Way and Lakehaven Uti(ity District for the S 348` Street at 1 Avenue S Intersection Improvements Project. 2. Do not authorize the City Manager to e�ecute the Interlocal Agreement bet�veen the City of Federal Way and Lakehaven Utility District for the S 348` Street at l'` Avenue S[ntersection [mprovements Proiect and arovide direction to staff. STAFF RECOMMENDAT[ON Staff recommends forwarding Option 1 to the Eebruary� 16, �O LO City Council Consent Agenda for approvat. CITY MANAGER APPROVAL: ,(j i,Jif �n ��°�^ Q.l,�%IA�'? � �0lJ DIRECTOR APPROVAL: `� __ �C�� Committee Council Comm�ttee Council COMMtTTEE RECOMMENDAT[ON Committee recommends forwarding Option 1 to the February 16, 2010 Council Consent Agenda for approval. _� Dini Duclos. Chair Member Member PROPOSED COUNCIL MOT[ON "I move to authori�e the Ciry M�muger to e.recute the Interlocal Ag�-eement between the Citv of Federal Wuy und Lakehaven ZJtility District for tlze S 3-113`" Street at l Avenue S Intersection Improvements Project. " (BELOW TO BE COMPLETED BYClTYCLERKS OFFICEI COUNCtL ACTION: ❑ APpROVED COC�NCIL BiLL # ❑ DEIYIED l reading � TABLED/DE�'ERRED/N0 AC'I'iOIV Eoactroent readiog ❑ MO�"ED TO SECOIYD RE:IDING /ordinances orrlyJ ORDINANCE # REV[SED— 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 1, ?O 10 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager FROM- Marwan Sa(loum. P.E., Deputy Public Works Director ' John Mulkey, P.E., Street Systems Project Engineer ��^ SUBJECT- I�lte�•local Agreenie�tt tivith Lcrkehaveft Utilin° District for the Design and Cortstruction of S 348` ' Street at 1'` Ai•efiue S Iratersection Improvemeyzt Project BACKGROUND Lakehaven Utility District requested the City enter into an interlocal agreement for the design and construction of ttivo sections of water main replacement and adjustment of Water and Sanitary Sewer facilities as part of the S 348�' Street at l'�` Avenue S[ntersection [mprovements Project in an effort to reduce both cost and extended public disruption of the area. A copy of the proposed a�reement is attached to this memo. The estimated cost of the interiocal aareement is $114,504.54 and includes the cost for bidding document incorporation, construction, construction manaaement and project administration. Actual construction costs incurred wil( be used to calculate the final cost of Lakehaven Utility District's reimbursement to the City. K:\LUTL'�2010\02-01-10 S 348th at ist - LUD Des{onstr ILA.doc After recordina, return to: Federal Way City Attorneys Office 33325 8` Avenue South PO BoY 9718 Federal Way, WA 98063-9718 INTERLOCAL AGREEMENT BETWEEIV THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE SOUTH 348 STREET AT 1'' AVENUE SOUTA INTERSECTION IMPROVEMENT PROJECT THIS AGREEMENT is made and entered into this day of . 2010, by and between the City of Federal Way (hereinafter °City") and Lakehaven Utility District (hereinafter "District"), coilectively referred to herein as the "Parties '. WHEREAS, the City proposes to proceed with the South 348` Street at 1'` Avenue South Intersection Improvement Project (hereinafter "Project" ); and WHEREAS, the District provides �vater and sewer service in the general area of the Project in accordance with applicable Washington State and City of Federai Way laws, regulations and franchises; and WHEREAS, in connection with the roadway improvements being undertaken by the City, the District wiil be required to construct and adjust certain �vater and sanitary sewer facilities within the Project area; and WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enablina them to cooperate with other entities to provide services in a manner best serving the needs and development of their loca( communities; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for the District, including allowing a public works construction contract for the installation of the water and sewer improvements in connection with the Project (hereinafter "District Work"), and providing construction management services in support thereof, as described in E�chibit A, attached hereto and incorporated herein by this reference; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: Page 1 L DES[GN. The District shall perform all required design work for the construction of ���ater facilities within the project limits. District sha(1 reimburse the City for alt costs for the City consultant to incorporate the Lakehaven design into the project ptans, specifications and cost estimate as outlined in E�chibit A, and other necessary� documents, which shalt sufficiently detail requirements for the District Worh to become a part of the plans and specifications for the Project into Contract documents for this project. I[. BIDD[NG AND CONST'RUCTION. A. it is the intention of the City and the District that the District plans and specifications sha(( be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost ailocations between the Parties. The costs al(ocated will be paid by Lakehaven Utility District, escept those costs relatina to the remova( and installation of 12" Ductile Iron pipe and installation of associated fittin� and valves that have been identified as separate bid items in the bid schedule, due to the fact that the esisting (2" pipe was installed in an easement that has been cleared by Lakehaven Utility District, per the agreement with Lakehaven Uti(ity District (AG# 09-182). B. Following opening of construction bids on the Project, the District shalt be furnished �vith the bid responses submitted for the District Work for the District's approval. Within twenty days of receiving the bid prices, the District shall notify the City in writing that the District either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid award; provided, however. if no bids are received which, in the estimation of the District, are acceptab(e to the District for the District Work, the District shall so immediate(y notify the City. The District Work shall be deleted from the project contract and, in this event: the City shall proceed with its portion of the Project. This [nterlocal Agreement shall terminate effective the date of the District's notice to the City of the District's rejection of alt bids. II[. CONTRACT ADMINISTRATION A. The City shall provide the necessary administrative, construction observation, and cterical services necessary for the eYecution of the Project. In providing such services, the City Public Works Director and/or his or her designee may eYercise all the powers and perform atl the duties vested by law in him or her. The District grants to the City Public Works Director and/or his or her designee authority to act on beha(f of the District sufficient to carry out the provisions of this Agreement. B. The District shail notify the City, in writing, of any changes it wishes to make in the pians and specifications which affect the District Work, which changes shall be made, if feasible. The City shatl notify the District, in writing, of any changes required of the District Work and shall obtain the District's approvat of such changes. The District's approval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other chanaes required or requested by the District. Page 2 IV. PAYMENT. A_ T'he District sha(L reimburse the Cih� for al( costs incurred by the City in performin� the District Work. �vhich costs shali include but are not limited to the District Work performed by the Project contractor(s), all District requested changes. and the District's cost of the City services described in Paragraph IIt (a) herein, and as described in Eshibit B. B. All pay�ments shall be due from the District to the City within thirty (30) days after approva( by the District's General Manager or hislher designee of the sums bi(led to the District. Amoants unpaid after said due date shall accrue interest at a rate of one ( l) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS A. The City agrees to indemnify and hold the District, its elected officials, officers, emp(oyees and agents harmless from any and all ctaims, demands, (osses, actions and liabi(ities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the eytent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The District agrees to indemnify and hold the Cin�, its elected officials, officers, employees and agents harniless from any and all ciaims, demands, losses, actions and liabilities (including costs and a(I attorne�� fees) to or by any and a(1 persons or entities, inc(uding, without limitation, their respective aQents. (icensees, or representatives, arising or resulting from, or connected with, this Agreement to the eYtent caused by the ne�iigent acts, errors or onussions of the District, its agents or employees, or b� District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement w-ith respect to any event occurring prior to such espiration or termination. VL DURAT[ON. This agreement sha(I become effective immediatety upon execution by both parties. This Agreement shatl continue in force until either (1) the District rejects all bids or (2) the City Council accepts the completion of the project, w�hichever is earlier. V[I. OTHER PROVISIONS. A. The City shali retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and a(l other appurtenances related thereto. B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to tlie District for any finai payment due. The District's payment of this final invoice shall, in effect, transfer ownership of these water and sewer mains and appurtenances to the District and the District shall thereafter be responsibie for maintenance of such faci(ities. Page 3 C This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This A�reement may be amended only in writinD, signed by both Parties. D. This Agreement shali be in full force and effect from the date of signature by all Parties to the date the City comp(etes the Final [nspection upon compietion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and District. Adherence to deadline dates is essential to the performance of this Interlocai Agreement. E. Any provision of this Ab eement, which is declared invalid, void or itlegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in fuil force and effect. IN CONSIDERATION of the mutuat benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY Brian Wilson, City Manager/Police Chief APPROVED AS TO FORM: City Attorney, Patricia A. Richardson LAKEHAVEN UTIL(TY D[STRICT General Manager, Donald Perry APPROVED AS TO FORM: General Counsel, Steven H. Pritchett IY���I.�� City Clerk, Carol McNeilty, C.M.C. K:\STREETS�PROJECTS\S348th St at ist Ave S1LUD1[LA-Lakehaven S 348th at ist Ave S.doc Page 4 EXHIBIT "A" SCOPE OF SERVICES Water and Sewer Design and Construction City of Federal Way South 348�' Street at 1 Avenue South Intersection Improvement Project Introduction The City� of Federal Way has requested that Parametrit revise the fina( plans, specifications and estimate for the South 3=38`�' Street at 1" Avenue South Project. T'he revisions are necessary to incorporate water main relocation plans into the contract documents as provided by the Lakehaven Utility District. Improvements designed by Lakehaven Utility• District wilt include the removal and relocation of water mains, hydrants and meters as necessary to accommodate the City's planned intersection improvem�nts. Additionat Scope OF WORK Task 2— Des�grr Revisions to Contract Plans The fo(lowina desiQn re��isions will be made to incorporate the water(ine relocation desigtted by Lakehaven Utilitv District: • Intersectiorr of� 1" a�id 3=�8`�'.• Move CB D-2 and D-3 South approximately 8' to allow for the construction of the new water main. The esistina fire hydrant on the northwest corner will be removed and relocated to the northeast corner approYimately 20' east to be adjacent to the drive�va��. • Specificcrtio`IS rt►ut Esti�ncrte: The bid list (proposal) for will be updated to reflect new quantities of �vork based on the plan revisions described above. Technica( specifications provided by the City� for the water main work will be incorporated into the contract documents for the project and the opinion of probable cost (engineer's estimate) �vill be updated based on the new quantities and recent bid tabulations for simi(ar projects. � • Lakehcn•e�t Utilin' District i�'ater Pla�rs: Lakehaven Utility District will provide water plans for incorporation into the plan set. The followin� plans sheets are affected by� the revisions and will be updated by ParametriY: • Demo Plans: Update to reflect removal/retocation of fire hydrants and existing water main. • Stornt Druiriuge Plans: Update/revise sheet to reflect revisions to CB D-2 and D-3. � Storm Druinage Profiles: Update/revise sheet to reflect revisions to CB D-2 and D-3. Page. 5 EXHIBIT "B" Water and Sewer Design and Construction City of Federat Way 31st Avenue SW Extension (SW 356th Street to 22nd Avenue SW) ESTIMATED DESIGN, CONSTRUCTION, PROJECT:�D�LII.NIST29TION.4ND CONSTRUC TIO:V MAN4GEMENT COSTS FOR INCLUDING LAftEH�l L'EN UTILITYDISTRICT GTILITY" WATER AND SEw'ER CONSrRUCTIOIV ESTIMATED BIDDING DOCUMENT INCORPORATION Estimated design costs for Lakehaven utility rep(acements (PARAMETRIX) ESTIIVI�TED CONSTRUCTION COSTS Construction Costs Subtotal Construction Sales Tax @ 9.5% of Construction Cost Subtotal Construction Including Sales Tax Construction Management (1?.�% of Construction cost.) ESTIMATED TOTAL CONSTRUCTION COST ESTIMATED PROJECT COST ( Design & Construction) Project Administration (5% of �roject cost) TOTAL ESTIMATED COST $ 4, I43.00 $ 85,162.00 $ 85,162.00 $ 8.090.39 $ 93,252.39 $ 11,656.5� $104,908.94 $109,051.94 $ 5,452.60 $ 114.504.54 Note: Costs presented are estimates only. Actiral costs inci�rred tirill be used to calculate final cost of Lakehaven (Itilih� District's reimburserrtent to the Cin'. Page 6 SOUTH 348TH STREET AT 1 ST AVENUE SOUTH RBB NO. 10-101 BID SCHEDULE B- WATER AND SANITARY SEWER (TOtai cost including 12" pipe replacement and associated fitings) ' 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 1-09 Mobilization 1-10 Project Temporary Traffic Controi i-10 Flaggers and Spotters 7-05 Adjust Manhole 7-09 Trench Safety System Z-0Z Remove Facisting Ductile Iron Pipe Water Main 12 In. Diam. 2-02 Remove Existing Asbestos Cement Water Main 16 In. Diam. 2-02 Remove Existing Hydra�t Assembiy 2-02 Remove 6cisGng Blowoff Assembly 7-09 Removal and Replacement of Unwitable Materials 7-09 G. 50 Ductile Iron Pipe for Wate� Main 12 In. Diam. 7-09 CI. SO Ductile Iron Pipe for Water Main 16 In. Diam. 7-09 Additional Cast Iron Fittings 7-12 Gate Valve 12 In. 7-12 Adjust Water VaNe Box 7-15 Renew Service Connection i In. Diam. 7-14 Hydrant Assembly 7-14 Resetting bristinq Hyd2nt ns 7-10 Resolution of 1lYility Conflicts 7-i0 Utility Podwling 1 1 240 9 1 300 60 2 1 25 285 65 1,000 1 16 5 1 1 1 1 LS $10,634.51 LS $2,800.01 HR �48.01 EA $500.0( L.5 $5,000.0( LF $13.5( LF $60_0( EA $2,SOO.IX EA $1,500.0( CY $S0.0t LF $75.Ot lf $130.00 Lbs $3.Oa EA $3,500.00 EA $300.OQ EA �2,000.00 EA $5,000.00 EA $1,000.00 FA $5,000.00 FA $5,000.00 SUBTOTAL SCHEDULE B SALES TAX AT 9.5% TOTAL SCHEWIE B $10;634. $21,375.00 SOUTH 348TH STREET AT i ST AVENUE SOUTH RBB NO. 10-101 BID SCHEDULE B- WATER AND SANITARY SEWER (Totai Estimated Construction Cost without 12" pipe replacement) 2001 2002 2003 2004 2005 1-09 1-10 1-10 7-05 7-09 Temporary Traffic Control rs and Spotters Manhole Safety System 1 LS 1 l5 240 HR 9 EA 1 LS 200� 2-02 Remove Existing Asbestos Cement Water Main 16 In. Diam. 2008 2-02 Remove 6cisting Hydrant Assembly 2009 2-02 Remove Existing Blowoff Assembiy 2010 7-09 Removal a�d Repiacement of Unsuitable Materials � '� � �r � , � 2012 7-09 q. 50 Ductile Iron Pipe for Water Main 16 In. Diam. 2013 7-09 Additional Cast Iron Fittings 2015 2016 2017 2018 2019 2020 7-12 7-15 7-14 7-14 7-10 7-10 : Water Valve Box v Service Connection 1 In. Diam. nt Assembiy ing Existing Myd2nt rtion of Udi'fij Conflicts Potholing Items for 12° Pipe replacement 60 2 1 25 LF EA EA CY 65 lF 1,000 Lbs $7,742.00 $2,800.00 $48.00 $500.00 S 16 EA $300.� S EA $2,000.� 1 EA $S,OW.� 1 EA $1,000.� 1 FA $5,000.� 1 FA �S,OOO.i SUBTOTAL SCMEDULE SAIES TAX AT 9.5' TOTAL SCHEDULE $7 $1 �8,090.39 �93,252.39 COUNCIL MEETING DATE: February 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:� SUB.TECT: S 348�' Street at 1�` Avenue S Intersection [mprovements — Puget Sound Energy Letter of Understanding for Gas Main Pipe Removal and Adjustment of PSE Gas Vatves/Wire Boxes. POL[CY QUESTIOIY Shou(d the Council authorize the City Manager to esecute the Letter of Understanding between the City of Federal Way and Puget sound Energy for the S 348' Street at ls` Avenue S[ntersection Improvements COMM[TTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution ST4FF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Director Attachments: MEETING DaTE February 1 , 2010 ❑ Pubtic Hearing ❑ Other EPT: Public Works l. Land Use and Transportation Committee memorandum dated Eebruary 1, 2010. 2. Letter of Understanding with Puget Sound Energy�. Options Considered: 1. Authorize the City Manager to execute the Letter of Understanding between the City of Federal Way and Puget Sound Energy for the S 348` Street at t'` Avenue S Intersection Improvements Project. 2. Do not authorize the City Manager to esecute the Letter of Understanding between the City of Federal Way and Puget Sound Energy for the S 348`�' Street at 1'` Avenue S[ntersection Improvements Project _____^ and�rovide direction to staff__ i ____ STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the February 16, 2010 City Council Consent Agenda for approval. n C[TY MANAGER APPROVAL: �.�j,y�v I�' �L,,,�1 ��� DIRECTOR APPROVAL: ���� ��`" l � Comminee Council �ttee Cowk:il PROPOSED COUNC[L MOT[ON: "I m� to authori�e tlze Citv tYfanager to execute the Letter of LJnderstanding betia�een the Ciry of Federal Way and Puget Sound Energy for the S 348`" Street at l A>>enue S Intersection Improvements Project. " (BELOW TO BE COMPLETED BY ClTY CLERIfiS OFF(CE) COUNCIL ACTION: ❑ �PPROVED COUIYCILBILL� � DENIED �sr �� ❑ T�BLED/DEFERRED/NO aCl'ION Eoactmeat readiog ❑ MOVED TO SECOND READING (ordinanceson[y) ORDIN�NCE # RE VISED - 0'_/06/'_'006 RESOLU'i'ION # COMMITTEE RECOMMENDATION: Forward Option 1 to the February 16, 2010 Counci( Consent Agenda for approval. � CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: February 1, 2010 Land Use and Transportation Committee Brian Wiison, City Manager . Marwan Sal(oum, P.E., Deputy Public Works Director John Mulkey, P.E., Street Systems Project Engineer "�'+�'� S 348`" Street at lS` Avenue S Intersection Improvement Project- Puget Sound Energy Letter of Understanding, for Gas Main P�pe Removal and Adjustment of PSE Gas i�a[ves/Wire Boxes to Grade. BACKGROUI�TD Puget Sound Energy (PSE) requested the City to develop a letter of understanding for the City to remove two abandoned sections of gas main and adjust gas valves and wire boxes to grade after completion of paving in the area of this project in an effort to reduce both cost and extended public disruption of the area. A copy of the proposed agreement is attached to this memo. The estimated cost of to PSE through this letter of understanding is $8,909.60 and includes the cost for bidding document incorporation, construction, construction management and project administration. Actual construction costs incurred will be used to calculate the final cost of PSE's reimbursement to the City. K:\LUTq2010�02-01-10 S 348tfi at lst - PSE Letter of Understanding.doc After recording, return to: City of Federai Way 33325 8' Avenue S Federal Way, WA 98003 Attn: John Mulkey LETTER OF UNDERSTANDING BETWEEN THE CITY OF FEDERAL WAY AND PUGET SOUND ENERGY FOR THE SOUTH 348 STREET AT 1 ST AVENUE SOUTH INTERSECTION IMPROVEMENTS PROJECT THIS LETTER OF UNDERSTANDING (this "LOU") is made and entered into this day o# , 2010, by and between the City of Federal Way (hereinafter "City") and Puget Sound Energy (hereinafter "PSE"), collectively referred to herein as the "Parties". WHEREAS, the City proposes to proceed with the South 348`" Street at 1 St Avenue South Intersection Improvement Project (hereinafter "Project"); and WHEREAS, PSE provides gas service in the general area of the Project in accordance with Franchise 93-189, applicable Washington State and City of Federal Way laws, and regulations; and WHEREAS, in connection with the roadway improvements being undertaken by the City, PSE will be required to relocate certain gas mains in conflict with projec# facilities wi#hin the Project area; and WHEREAS, PSE can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for PSE as described in Exhibit A, including letting a public works construction contract for the removal of the obsolete gas mains in conflict with the Project and adjustment of PSE gas valves/wire boxes to grade (hereinafter "PSE Work"), providing construction management services, and providing Project administration in support thereof; NOW; THEREFORE, it is hereby agreed by and between the Parties hereto as follows: GAS MAIN RE�OCATION. South 348"' Street at 1� Avenue South Page 1 2010 PSE agrees that its design contractor, Pilchuck, Inc., shall perform predesignldesign and construction work for the relocation of its facilities that are in conflict with Project facilities. PSE sha11 provide the City all drawings necessary to acquire a right of way permit and relocate its gas mains out of the conflict zones. PSE shall provide as-constructed record drawings of both the relocated mains and the obsolete mains within 60 days of completion of PSE Work. PSE shall provide preliminary location data within one week of Agreement execution. The record drawings shall show the vertical and horizontal loca#ion of the relocated and obsolete facilities within the Project area using a minimum scale of one inch equals one hundred feet (1fl = 100'), measured from the centerline of the right of way, of a form which shall be acceptable to the City. 11. PRECONSTRUCTiON ESTIMATE. Exhibit A is a good faith project cost estimate for PSE's share of Gas Main Removal Work. Costs are based on an engineer's estimate provided by the City's design consultant, Parametrix, Inc. Exhibit B is a good faith total project cost based on an estimate of PSE's share of project administrative costs. III. BIDDiNG AND CONSTRUCTION. A. It is the intention of the City and PSE that PSE records of the obsolete mains shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow identification of the PSE Work to be performed on behalf of, and billed to PSE. IV. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the performance of the PSE Work. In providing such services, the City Public Works Director and/or his or her designee may exercise a11 the powers and perform all the duties vested by law in him or her. PSE grants to the City Director of Parks, Public Works, and Emergency Management and/or his or her designee authority to perform the PSE Work in accordance with the provisions of this Letter of Understanding. B. PSE shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the PSE Work, which changes shall be made, if feasible. The Ci#y shall notify PSE, in writing, of any changes required of the PSE Work and shall obtain PSE's approvai of such changes. PSE's approval shall not be unreasonably withheld. PSE shall be responsible for ali costs incurred by the City, direc#ly or indirectly, as a result of changes to the PSE Work that are requested or approved in writing by PSE. V. PAYMENT A. PSE shall reimburse the City for all costs incurred by the City in performing the PSE Work, which costs shal! include but are not limited to the PSE Wo�k performed by the Project contractor(s), all PSE requested changes, and PSE's cost of the City services described in Paragraph lil (a) herein, all as more particularly described in Exhibit A. South 348"' Street at 1�' Avenue South Page 2 2010 B. Ail payments shall be due from PSE to the City within thirty (30) days after approval by the PSE's Municipal Liaison Manager or his/her designee of said sums billed to PSE. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. Vi. INDEMNIFICATION AND HOLD HARMLESS A. The City agrees to indemnify and hold PSE, its officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this LOU to the extent caused by the negligen# acts, errors or omissions of the City, its agents or employees, or by the City's breach of this IOU. B. PSE agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and al1 attorney fees) to or by any and a11 persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this LOU to the extent caused by the negligent acts, errors or omissions of PSE, its agents or employees, or by PSE's breach of this LOU. The provisions of this paragraph shail survive fhe expiration or termination of this LOU with respect to any event occurring prior to such expiration or termination. VII. DURATION. This LOU shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and PSE. Adherence to deadline dates is essential to the performance of this LOU. Vlll. OTHER PROVISIONS. A. The City shail retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to PSE for any final payment due. C. PSE shall be required to obtain a Right of Way Permit to install new gas ma�ns. South 348"' Street at 1�` Avenue South Page 3 2010 D. This LOU contains the entire agreement of the City and PSE, and supersedes all prior discussions between them, with regard to the City's performance of the PSE Work. For the avoidance of doubt, nothing in this Agreement will alter, amend or supersede any franchise or other written agreement between the City and PSE; rather, the same will remain in full force and effect in accordance with their respective terms. This Agreement may be amended only in writing, signed by both Parties. E. Any provision of this LOU, which is declared invalid, void or illegal shalt in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this LOU. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seats the day and year first above written. CITY OF FEDERAL WAY Brian Wiison, City Manager/Police Chief 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 (253� 835 2401 PUGET SOUND ENERGY Doug Corbin, Municipal Liaison Manager 6905 South 228th Street SKC-SVC Kent, WA 98032 (253) 395-6867 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney ATTEST: Carol McNeilly, CMC, City Cierk South 348�' Street at 1� Avenue South Page 4 2010 Exhibit A Estimated Costs South 348�' Street at 1S` Avenue South Intersection Improvements Project ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR JNCLUDING PUGET SOUND ENERGY GAS OBSOLETE UTILITY REMOVAL AND VALVE COVER ADJUSTMENTS Estimated Desig� Cost (Parametrix, Inc.) $600.00 Construction Item Mobilization* Traffic Contro! Supenrisor*" Flaggers and Spotters Other Temporary Tra�c Control"* Adjust Gas Valve/Wire box Remove Gas Main'""` Construction Subtotal 10% Construction Contingency 12.5% Construction Management Estimated Construction Total Quantity 1* 0.1% 8 0.1 % 4 425 Estimated Project Total (Design + Construction) 5% Project administration Project Total Unit % o� HR LS EA LF Total $382.50 $14.50 $360.00 $30.00 $1,400.00 250.00 $6,437.00 $643.70 $804.63 $7,885.33 $8,485.33 $424.27 $8,909.60 NOTES "Mobilization =(Project Mob X(Gas Main Removal and Disposal Bid CosUProject Bid Cost - Mob)) " Percentage for Items based on proportion the item remaining project costs *"'Remove Gas Main includes excavation, removal and disposal of pipe. Costs presented are estimates only. Actual field measured quantities and unit bid prices of contract awarded to iowest respons+ve responsible bidder will be used to calculate final cost of Puget Sound Ene�gy's reimbursement to the City. K:ISTREETSIPROJECTS1S348th Stat 1stAve SlDesignlUtilitieslPSElLetterofUnderstarrding 1-5-10.doc Unit Price $192,349.00 $14,500.00 $45.00 $30,000.00 $350.00 $10.00 South 348"' Street at 1�` Avenue South Page 5 2010 COUNCIL MEETING DATE: �e#�ra�y � � � � ITEM #: � 1 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT Proposed Ordinance Establishing Council Powers Pursuant to RCVV 35A.12 POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE AND ENACT THE PROPOSED ORDINANCE ESTABLISHING COUNCIL POWERS PURSUANT TO RCW 35A.12 UNDER THE MAYOR-COUNCIL FORM OF GOVERNMENT? COMMITTEE: N/A CATEGORY: ❑ Consent � Ordinance ❑ City Council Business ❑ Resolutio STAFF REPORT BY: PAT RICHARDSON, CITY ATTORNEY MEETING DATE: ❑ Public Hearing � Other DEPT: Law At the January 19, 20I0 Study Session the City Council directed the City Attorney to draft an ordinance establishing City Council powers under the Mayor-Council form of government. Attachments: Proposed Ordinance Options: l. Forward the proposed ordinance establishing Council Powers under the Mayor-Council form of government for approval at the February 16, 2Q 10 City Council meeting. 2. Direct Staff to revise the proposed ordinance establishing Council Powers. 3. Reject the proposed ordinance establishing Council Powers. STAFF RECOMMENDATION: Option 1 CITY MANAGER A�PPROVAL: ,u�If� / Committee V�' , 1`� • - �� I� , (��� DIRECTOR APPROVAL: Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (DATE): I move to forrvard the ordinance to a second reading f or enactment on the February 16, 2010 consent agenda. 2 READING OF ORDINANCE (CONSENT AGENDA DATE): " move approval of Council Powers ordinance under the Mayor-Council form of government. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: � APPROVED COUNCIL BILL # 52' ❑ DENIED 1 reading � TABLED/DEFERRED/NO ACI'ION Enactment readi� ❑ MOVED TO SECOND READING (ordenances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the Powers of the City Council; Adding A New Chapter 2.08 to the Federal Way Revised Code. 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 Federai 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 King County Elections Office has certified the November 3, 2009, election results to the City of Federal Way showing that a majority of the votes casted 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-Councii form of government as provided in RCW 35A.06.060; and WHEREAS, the reorganization of the City of Federal Way as a Mayor-Council form of government shall not take effect until the election, qualification ancl assumption of office under RCW 35A.020.050 of the Mayor under the Mayor-Council form of government, and Ordinance No. 09- Page 1 of 4 Rev 7/09 WHEREAS, RCW 35A.12 provides statutory construction regarding the arganization ofthe City of Federal Way and the powers ancUor duties of certain officials that may be set forth in the Federal Way Revised Code; and WHEREAS, the Federal Way Revised Code should be modified to show the separation of the City Council powers from the Mayor's authority under the Mayor-Council form of government. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 2.48 is hereby created in the Federal Way Revised Code to add the following new sections as follows: Chapter 2.08 CITY COUNCIL 2.08.010 Number of Council Members. The City of Federal Way is a noncharter code city under the laws of the State, and its Citv Council shall consist of seven (7) members who shall be elected at large. 2.08.020 Powers and Duties of Council Members. The powers and duties of the Council Members shall be those prescribed in RCW 35A.12.010 et seq., and as otherwise provided b,� 2.08.030 Confirmation of Apnointed Positions. Department officers and administrators as identified by the City Council, and appointed by the Mavor sha11 be subject to confirmation b of the members of the City Council. If the Council shall refuse to confirm any such nomination of the Mavor, then the Mavor shall appoint another person to fill the office, and the Mayor may continue to appoint until the appointee is confirmed. The Councii shall have up to two re ug larly scheduled council meetin�s to act upon the Ma o�a but should the Council fail to act within that period of time, the appointment will be deemed confirmed. The Mavor shall have the abilitv to make interim apvointments for up to six months without Council confirmation. Ordinance No. 09- Page 2 of 4 Rev 7/09 2.08.030 Salaries. The salaries of the Council members shall be set by the Independent Salarv Commission. Section 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, 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 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect when the elected mayor assumes office pursuant to RCW 35A.02.050 as provided by law. Ordinance No. 09- Page 3 of 4 Rev 7l09 PASSED by the City Council of the City of Federal Way this day of , 2010. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No.09- Page 4 of 4 Rev 7/09 COUNCIL MEETING DATE ..'......_........._ ........................_........................._..................._._�.�J.►'uuY.1,�..._..._I..In_�..._....2.....ol_�..__............................__._ � V _._..._....... . . . �.J CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT Proposed Ordinance Establishing Mayor's Authority Pursuant to RCW 35A.12.100. POLICY QUESTION: SNOULD THE CITY COUNCIL APPROYE AND ENACT THE PROPOSED ORDINANCE REGARDING THE MAYOR'S AUTHORITY UNDER TAE MAYOR-COUNCIL FORM QF GOVERNMENT? COMMITTEE: N/A CATEGORY: ❑ Consent � Ordinance 1VIEETING DATE: ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ O ther STAFF REPORT BY: PAT RICHARDSON. CITY ATTORNEY DEPT: Law At the January 19, 2010 Study Session the City Council directed the City Attorney to draft an ordinance establishing Mayor's authority underthe Mayor-Council form of government. Attachments: Proposed Ordinance Qptions: 1. Forward the proposed ordinance establishing Council Powers under the Mayor-Council form of government for approval at the February 16, 2010 City Council meeting. 2. Direct Staff to revise the ordinance establishing Mayor's Authority. 3. Reject the ordinance establishing Mayor's Authority. STAFF RECOMMENDATION: Option I CITY MANAGER APPROVAL: � �� a �� � � ��� ,a�Il� /'/� DIRECTORAPPROVAL: Couunittee Council Committee ouncil COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE {DATE} I move to forrvard the ordinance to a second reading for enactment on the February 16, 2010 consent agenda. 2'� READING OF ORDINANCE (CONSENT AGENDA DATE): " move approval of Council Powers ordinance under the Mayor-Council form of government. " (BELOW TO BE COMPLETED BY CITY CLERXS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BII,L # 5 ZL ❑ DENIED 1 reading � TABLED/DEFERRED/NO ACTION Enactment reading � MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 02/O6/2006 RESOLUTION # ORDINANCE NO. �N ORDTNANCE of the City of Federal Way, Washington, relating to the Authority and Duties of the Mayor; Amending FWRC 2.10, and Adding New Sections ta Chapter 2.IQ of the Federal Way Revised Code. (Amending Ordinance Nos. 03-493 and 90-59) WHEREAS, the City of Federal Way, Washingtan 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 CIerk 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 ofgovernment and reorganize as a Chapter 35A.12 RCW noncharter code city Mayor-Council ("Mayor-Councii") 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 King County Elections Office has certified the November 3, 2009, election results to the City of Federal Way showing that a majority of the votes casted 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 WHEREAS, the reorganization of the City of Federal Way as a Nlayor-Council form of government shall not take effect until the election, qualification and assumption of office under RCW 35A.020.050 of the Mayor under the Mayor-Council form of government, and Ordinance No. 09- Page 1 of 4 Rev 7/09 WHEREAS, RCW 35A.12.100 provides statutory construction regarding the authority and/or duties of the mayor; WHEREAS, the Federal Way Revise Code should be modified to separate the City Council powers and tl�e Mayor's authority under the Mayor-Council form. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 2.10 is amended as follows: Chapter 2.10 !''iTV !`LliTl\T!''Ti �wn MAYOR 2.10.010 Authoritv and DutiesSa�a�ies {-�-}—The authoritv and duties of the Mavor of the Citv shall be those prescribed in RCW 35A.12.010 et seq. and as otherwise provided by law and b��regulations of the City, in addition to the provisions hereinafter made a�plicable. ^" � ��'- °'°�`° � "+° +^ t°� , , . . r , > > �m �t,,,n ..,�.;to � ., .,.+.,t �„t,,,.�, „f Qonn nn .. ..+�. � � � v o 0 0 0 > > > • • � � .� e• 2.10.11 . Full-time Basis. The office of the Mayor shall be conducted on a full-time basis with regular business hours Monda�ou hg Friday between 8:00 AM and 5:00 PM as set forth in the employee guidelines, and during morning and evening meetin�,s• Ordinance 1Vo. 09- Page 2 of 4 Rev 7/09 2.I0.12 Salary. The salaiy of the Mavor shall be set bv the Independent Salarv Commission. 2.10.13 Rules for Apnainting Officers. TiTe Department officers and administrators identified bv tl�e Citv Council shall be appointed by the Mayor and subject to confirmation b�a ma�ority of the members of the City Council. If the Council shail refuse to confirm any such nomination of the Mayor, then the Mayor shall appoint another person to fill the office, and the Mavor may continue to appoint until the appointee is confirmed. The Council shall have up to two re u� larly scheduled council meetin�s to act upon the Mayor's appointment, but should the Council fail to act within that period of time, the ��ointment will be deemed confirmed. The Mayor shall have the ability to make interim an�ointments for up to six months without Council confirmation. Section 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision sha11 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 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. Ordinance No. 09- Page 3 of 4 Rev 7/09 Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date This ordinance shall take effect when the elected mayor assumes office pursuant to RCW 35A.02.050 as provided by law. PASSED by the City Council of the City of Federal Way this day of 200 CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 09- Page 4 of 4 Rev 7/09 COUNCIL MEETING DATE , —" ITEM #:_ _ _ ......:........ ............ ..... . __ .. .. .1��..�ua�.,� ...l..lo_, �-o._lt? _ �._ __ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT Proposed Ordinance Creating the Position of Chief Administrative Officer Pursuant to RCW 35A.12.100. POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE AND ENACT THE PROPOSED ORDINANCE CREATING THE POSITION OF CHIEF ADMINISTRATIVE OFFICER UNDER THE MAYOR-COUNCIL FORM OF GOVERNMENT? COMMITTEE: N/A CATEGORY: ❑ Consent 0 City Council Business STAFF REPORT BY: PAT RI� � Ordinance ❑ Reso CITY ATTORNEY MEETING DATEC ❑ Public Hearing ❑ Other DEPT: Law At the January 19, 2010, Study Session the City Council directed the City Attorney to draR an ordinance authorizing the position of the Chief Administrative Officer and include duties, qualifications, and method of appoinUnent. Attachments: Proposed Ordinance Options: 1. Forward the proposed ordinance creating the Chief Administrative Officer position and move to the February 16, 2010 City Council meeting for approval and enactment. 2. Direct Staff to revise the proposed ordinance creating the Chief Administrative Officer position. 3. Reject the ardinance creating the Chief Administrative Officer position. STAFF RECOMMENDATION: Option 1 �" . CITY MANAGER APPROVAL: .',�,�/��Y1 �°�� ��� �����f� DIRECTOR APPROVAL• ��: Committee Council • Committee C' ouncil COMMIT'FEE RECOMMENDATION: N/A Committee Chair Committee 1Vlember Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (DATE) I move to forward the ordinance to a second reading for enactment on the February 16, 2010 consent agenda.�- �},�� ���, te V�S� l C�S�- Se�rl-�l'� �-2 �J 2• 11.U30 aE- 2" READING OF ORDINANCE (CONSENT AGENDA DATE): " move approvad of the ordinance creating the position of Chief Administrative �cer under the Mayor-Council form of government. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 2 ❑ APPROVED GOUNCIL BILL # �ZJ ❑ DENIED 1 reading '❑ TABLED/DEFERRED/NO ACTION Enactment reading � MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 02/O6/2006 RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal VVay, Washington, relating to the creation of the Chief Administrative Officer; adding a new Chapter 2.11 to the Federal Way Revised Code. 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 WHEREA5, the King County Elections Office has certified the November 3, 2009, election results to the City of Federal Way showing that a majority of the votes casted 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 WHEREAS, the reorganization of the City of Federal Way as a Mayor-Council form of government shall not take effect until the election, qualification and assumption of office under RCW 35A.020.050 of the Mayor under the Mayor-Council form of government, and Ordinance No.10- Page 1 of 4 Rev 1/10 WHEREAS, RCW 35A.12.100 authorizes the position of the Chief Administrative Officer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Title 2 of the Federal Way Revised Code is hereby amended to add a new Chapter 2.11 to read as follows: Chauter 2.11 CHIEF ADMINISTRATIVE OFFICER 2.11.010 Position created. There is herebv created the position of chief administrative officer who shall act as assistant to the mayor. The chief administrative officer shall be a�pointed bv, report to and serve at the pleasure of the mayor. 2.11.020 Oualifications. The chief administrative officer must have the following or equivalent qualifications: he or she must be a graduate of a recognized colle�e or universitv and have at least five (5) vears experience in financial administration, accountin� and/or personnel mana�ement or similar fields as deemed appropriate to the position b,yy the �pointin� authoritv. 2.11.030 Duties and uowers. The chief administrative officer shall manage the offices of administration as established in this title and shall have general oversight of the city departments as dele a� ted bv the mayor. The chief administrative officer shall be responsible for the citv's general operations, public relations and �overnmental affairs. -r�,o ,.�.;o�.,ari,:.,:��,.,,+;.,o ,.��:,.o,. ��...�, �o,.� ..... „+�.o,. a„�;o� � •�o,: :. +'�° � ��' �„�'��-� �'�-�°�'°a'��� +'�° -� � ma�prescribe other duties with the mayor providing direction. 2.11.040 Salarv. The salary of the chief administrative officer shall be set by the mayor within the limits of the annual city budget established b council. Ordinance No.10- Page 2 of 4 Rev 1/10 Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal �Vay 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 declazed invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect when the elected mayor assumes office pursuant to RCW 35A.02.050 as provided by law. PASSED hy the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC Ordinance No.10- Page 3 of 4 Rev 1/10 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No.10- Page 4 of 4 Rev 1/10 COUNCIL MEETING DATE: February 16, 2010 ITEM #:� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ENDORSE THE FEDERAL WAY MUNICIPAL COURT'S AGREEMENT WITH THE DISPUTE RESOLUTION CENTER OF KING COUNTY FOR ALTERIVATIVE DISPUTE RESOLUTION SERVICES FOR THE CITIZENS OF THE GREATER FEDERAL WAY AREA. POLICY QUESTION Should City Council endorse the use of the alternative dispute resolution services through the Dispute Resolution Center of King County. COMMITTEE PRSHPS CATEGORY: ❑ Consent ❑ City Council Business ❑ Ordinance � Resolution MEETING DATE: 2/9/201 O ❑ Public Hearing ❑ Other STAFF REPORT BY: ludge David Larson, Presiding Judge DEPT Municipal Conrt REVISED ATTACHMENTS: 2/9l10 Memo from Judge David Larson Proposed Resolution Background: RCW �.75 allows the city council of any city to form such a center. If the council chose to form a DRC, it could either create a city department like Bellevue or Vancouver, or the council could simply allow for the formation of an independent non-profit. Another alternative that would not require the council to formally form a DRC would be to simply promote the use of an existing DRC in our city. The Dispute Resolution Center of King County (DRCKC) was formed by the King County Council and operates as an independent 501(c)(3) in North Seattle. One idea was to form a DRC and then contract with DRCKC to run a city sponsored DRC. DRCKC originally proposed a price tag of $80,000+ per yeaz to operate a city created DRC. Judge Larson negotiated an agreement where we simply let them use the court facility in exchange for them providing their existing ADR services to the people of the Greater Federal Way. Options Considered: 1) City Council endorses the Federal Way Municipal Court Agreement's with the Dispute Resolution Center of King County. 2) City Council opposes the Federal Way Manicipal Court Agreement's with the Dispute Resolution Center of King County and provided direction to staff. STAFF REGOMMENDATION 1) City Council endorses the FederaI Way Municipal Court Agreement with the Dispute Resolution Center of King County. CITY MANAGER APPROVAL: ,(�}�. ��� �0 �?d/0 DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution to endorse the Federal Way Municipal Court's agreement with the Dispute Resolution Center of King County". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED l s 'reading ❑ TABLED/DEFERRED/NO ACI'ION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 02/06/2006 RESOLUTION # ��5�r���,�� �� ��-���"� emo To: Parks/Recreation/Hu,man Services & Public Safety Committee From: Judge David Larson� Date: 2/9/2010 Re: Endorsement of Dispute Resolution Services in Federal Way The Dispute Resolution Center of King County (DRCKC) was formed pursuant to RCW 7.75 and operates as an independent 501(c)(3) in North Seattle. There are no dispute resolution centers operating in South King County and DRCKC wants to expand its base of services in South King County. You can visit DRCKC's website at www.kcdre.org. I had approached the city manager in the spring of 2008 to discuss the formation of a dispute resolution center (DRC) in Federal Way. One idea that was proposed by city staff was to form a DRC and then contract with DRCKC to run a city sponsored DRC. DRCKC originally proposed a price tag of $80,000+ per year to operate a city created DRC. We ultimately agreed to let DRCKC use empty court conference rooms and courtrooms in exchange for them providing their existing ADR services to the people of Greater Federal Way at no cost to the city. The DRCKC signed an agreement with the court last year to allow DRCKC to provide local low cost alternative dispute resolution services in Federal Way at the court. DRCKC will not house staff at the Court or anywhere in City Hall. This agreement would avoid all of the delay in forming a DRC and also avoid the start-up costs and salaries needed to form and operate a DRC in Federal Way. The agreement would immediately provide the same benefits to the community at little or no expense to ta�cpayers. This agreement has little or no budget impact and the services provided will be invaluable to the people of Federal Way. A proposed resolution is attached that would endorse the use of the KCDRC and further provide for the encouragement of city departments to use alternative dispute resolution as a means of resolving disputes where appropriate. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON ENDORSING THE USE OF ALTERNATIVE DISPUTE RESOLUTION SERVICES THROUGH THE DISPUTE RESOLUTION CENTER OF KING COUNTY WHEREAS, the health and vitality of any community is enhanced when the inhabitants of that community can resolve their disputes quickly and inexpensively; and WHEREAS, the resolution of disputes can be costly and complex in a judicial setting when the parties involved are in an adversary posture and subject to formalized procedures; and WHEREAS, unresolved or continued disputes are costly to communities through increased police response, increased crime, disruption of commerce, and general neighborhood and community discord; and WHEREAS, alternative dispute resolution processes can meet the needs of Federal Way citizens by providing a forum in which persons and entities may voluntarily participate in the resolution of disputes in an informal and less adversarial process; and WHEREAS, the use of alternative dispute resolution processes in the context of Federal Way's neighborhoods, businesses, schools, and overall community can enhance relationships throughout Federal Way, and WHEREAS, city and community resources which are now devoted to the resolution of disputes through criminal and civil judicial system may be conserved and/or better utilized by having alternative dispute resolution services better available in Federal Way; and Resolution No. 09- Page 1 of 4 Rev l/10 WHEREAS, building community awareness, community partnerships, a sense of community ownership, identifying needs, and coordinating services is a vital part of the success of any community based alternative dispute resolution program; and WHEREAS, the Dispute Resolution Center of King County is a non-profit formed by enactment of the King County Council to provide mediation and other alternative dispute resolutibn services throughout King County under RCW 7.75; and WHEREAS, the City of Federal Way could create its own dispute resolution center under RCW 7.75; and WHEREAS, it will be more economical for the people of Federal Way to enter into an interlocal service agreement with an e�sting entity already providing alternative dispute resolution services;and WHEREAS, the Federal Way Municipal Court entered into an interlocal agreement for alternative dispute resolution services in April 2009 at no taxpayer expense; and WHEREAS, City of Federal Way departments can benefit on occasion from resolving its disputes through the use of low cost mediation services; and WHEREAS, the people of Federal Way deserve stewardship of city resources. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City Council endorses the Federal Way Municipal Court's agreement with the Dispute Resolution Center of King County for alternative dispute resolution services for the citizens of the Greater Federal Way area, attached hereto as E�ibit A and incorporated by this reference. Resolution No. 09- Page 2 of 4 Rev 1/10 Section 2. The City Council further directs that the City Manager develop protocols for the use of the Dispute Resolution Center of King County by City of Federal Way departments to assist in the resolution of disputes when appropriate. 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 are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 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 immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of 2010. ATTEST: CITY CLERK, CAROL MCNEILLY, CMC CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR Resolution No.09- Page 3 of 4 Rev 1/10 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICIHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resotution No.09- Page 4 of 4 Rev 1/10 EXHIBIT A Disput� Resalutian CENTER of KING COUNTY Memorandum of Understanding Between the Dispute Resolution Center of King Coun#y and Federal Way Municipal Court Apri12009 RESOLVE IT IF YOU CAN — CALL US iF YOU CANT. 4649 Sunnyside Avenue N, Suite 520 — Seattle, WA 98103 — 206-443-9603 — www.kcdre.org Memorandum of Understanding Between the Dispute Resolution Center of King County and the Federa! Way Municapal Court The Dispute Resa/ution Center of King Gounty (DRC) is excited to pa�tner with the Federa! Way Municipa/ Court to bring alternative dispute resolution services to south King Courity. This partnership wi// a/low the City of Federa! Way to easily r+efer sauth King Caunty► citizens to the DRC of King County and assist cifizens by providing a new south end mediatian location. This Memorandum of Understanding is made between the Federal Way Municipal Court (called the "Court") and the Dispute Resolution Center of King County (ca8ed the "DRC)_ 1. Aqencv Overview � The Dispute Resofutian Cenfer of King County provides altemative dispute resolution services, a mediation training pragram and a variety of workshops and customized trainings for the canmunity. Founded as a non-prafit arganization in 19$6 by the King County Bar Association, the DRC in King County is the largest of 20 dispute resolution centers in Washington State. The DRC partners with educational insfitutions, the law and justice community and govemment to provide a less adversariat atternative ta litigation. The DRC provides services and training to federal, county and city departmerrts; etfucationat institutions, individuals, private business and a variety of charitable organizafions including arts organizations, faith-based organizations and social service arganizations. Services inctude telephone coaching and conciliafion, court mectiation in the King County District Court, facilitated conversations, finro party mediation, group mediation and proc:ess facilitation. The DRC primarily uses a facilitative, interest-based mediation modet that is remarkably successful and used throughout the nation at most of the 500 community-based dispute resolutior� centers. The DRC specializes in helping wi#h disputes betvveen neighbors, between small business and consumers and with families involved in dissolution (incfuding parenting ptans and asset division.). We also provide cross-c�lturaf inediations and services for landlords and tenants, workplaces, schools, faith-based organizations and groups. 2. Mediator Qualifications The DRC has provided services to the cammunity fo� over 20 years and developed a respected expertise in tf�e mediatian industry. We prowide an excellent mediation training program that includes 40-hours of rigorous classroom training, a mentored apprenticeship program, advanced mediator training, in-services and continuing education for our mediators. Mediation students must complete required and elective credits, along with observations, co-mediations and.case assessment and development training before they are certified to mediate for the DRC. 3. Aboui Mediation Mediation is a voluntary process in which the parties work together to resolve disagreements with the aid of a professionaf inediator who provides a structured and co�trolled mediation process. Mediation is not about wFta is right or wrong but about frnding mutually agreeable sotutions that address the needs of alt sides. Mediators do not advocate for any side in a dispute or impose a settlemerrt, nor do they evaluate a dispute to determine the iegal rimerits of the case_ When an agreement is reached, the agreement is signed by each party and becomes a legally binding contract. Mediation is a process that rec�uires the participants be the individuals that are authorized to make decisiorrs about the dispute. Lega! council may be presenf at the meciiation but may not speak #or their clients. Legal council may consult with their clients a private caucus or break during the mediation. The DRC encourages citizens to seek outside counsel, when appropriate, in order to make an irrfotmed decision. According to the Nationaf Association for Comrrtunity and Family Mecfiation: "Community mediation p�ograms continue to grow and prosper. As diversity and differences increase in the U.S_, the opportunities for conflicts and disputes will increase concomitantly. A recent survey stated that 82% of Americans would prefer to go to a mediator rather than go to court. Despite the active use of volunteer communify mediators, more resources need ta be devoteci to this arena.... ...Community mediation truly has its roots in the tradifion of democratic self- governar�ce. Community mediation programs nave the potential �f empowering citizens to effectively operate in a demacracy. Programs and mediators teach citizens to resolve their disputes through participation...The mediation process is progressive and creative with the pofential of opening doors and opening dialog. This often resufts in greater understanding and finding common ground." 4. Cases Apprapriate for Mediation Almost any type of civil dispute in which parties are willing to negoiiate in good faith; are willing to shift from their origina! position; are witling to put the relevant informatiore on the table and are willing to keep their agreements may be appropriate for mediation. Subject to screening palicies of the DRC, the types of disputes the DRC could accept as referrafs. - • Referrals from city police as part of communiiy poiicing; • Referrals from code enforcement personnel, • Referrals from the court; � Referrals from other city departments; • Referrals from locat schoo{s; • Referrals from community members, bar associations, lawyers, chamber of commerce members, lacat businesses, and others to assist in resotving: o Disputes involving business merchandise, services, repairs, refunds, cantracts and warranties; . o Claims related #o money, personal property, real estate and property lines; � o Workplace disputes involving disciptine, evaluation, contract interpretation� and interpersona4 differences; ' 3 o Landlord/tenant probiems concerning deposits, repairs, damage, termination of teRancy, and disputes invofving mobile home parks and commercial leases; o Family disputes invotving interpersonat conflict, divorce, the dissolution of partnerships, parenting pians and probate; o Neighbor to neighbor disputes invo{ving noise. pets, littering, and landscaping_ 5. Cases Not Aparopriate for Mediation The DRC does not handle the foNowing kinds of disputes: • Disputes invo(ving violence or seriaus threats of violence to persons or property • Disputes where there is a pattem of physical abuse between the parties • Disputes whece a pacty is impaired by drugs or alcohol � Domestic violence disputes between victim and offender • Matters which invofve the direct settlement or negotiation of actnre criminal matters 6. ll��rfcetinq the DRC's Services to the South End Cornmunitv To increase the access to mediation services in the Federat Way area the Court and the DRC wi11 implement the following activities. • The Court will instatl appropriate links to the DRC's web site on the Court's official web site • The DRC wil( provide information about its services to the Court for distribution • The Court will distribute DRC information to a variety of locations in Federa! Way such as: Neighborhoad Service Centers, Libraries, and relevant city departments. • The DRC will conduct an informational presentation 2 times a year for city employees 5. Confidentialitv The success of the mediation process is depenclent on the party's ability to be honest and candid in the mediation process. The state legislature pr�tects the confidentialiiy of the mediation process through RCW 7.75 and the Uniform Mediation Act of 2006 (RCW 7.07A90-.904) which states that atI work praducts, work notes, conversations, settlemertt offers, etc from the DRC are privileged and conficferrtial and not admissible in any future legat or administrative proceedings. However, written agreements reached during the pracess are admissible in such proceedings. 6. Scope of Services � The DRC will provide conflict resolution and mediation services to the citizens of Federal Way and south King County at the request af the Court. The DRC wil! provide the €oliowing services: . tnformation and refierral services, telephone conciliation and general mediation services • Professionally trained and qual�ed mediators • Maintain al! recordkeeping for cases mediated at the Federal Way tocation • Maintain all contracts and Iicenses as needed • The collectian of aN service fees • Abide by the Washington State Uniforrn Mediation Act (RCW 7.07/010-7.07.904) • Abide by the American Bar Association's Model Standards of Conduct for Mediators. The Federa! Way Municipal Court will provide the fotlowing support: • Access to a computer workstation, printer, and intemet access for mediators. 4 . Acxess to emp#y court rooms andlor conference rooms for mediations and caucuses durtng mediations_ � • Acc2ss to kitclten facilitie.s to provide beverages for the mediation � Secured space to instati a 2-drawer tocking frte cab�tet � Access t� a photocopier anci fax rrrachine_ � • Art intemal affioe mailbwc. Court wilt depvsit mail in the box, but DRC shaU proc:ess its awn incoming mail. � • Security s�reening during courts hoa►s {8:00 a.m. to noan artd 1:00 p.m_ to 4:3Q p.m.) 7. Liabilitv, t�edemnifiaation and Hald tiarmless DRC and the Court have no principat agent relationship and each is indepencient of the other. N�'ther erttity controls the other. Each entity is responsble for the acts and ornissions of its respective ageMs and emptoy�ees. QRC agree.s to defend, indemr�ify and hoid the Court and the City of Federai Way harrrtless for ahy claims, demands, and actions arising out of the deiivery of dispute resolution services providec3 by DRC. DRC agrees to add and mairrtain the City of Federat Way as an additional insurec! an its liability insurance poficies. Dated lhis � day of ��' 2009 DRC Corrt-act lnformation Citv ot Federal Wav Contact Ir�forrnation Judge Michae! Morgart Presiding .l�dge _ .��$-835-30Ef0 michael.morcran _ itvoffedera�IwaLr.com f /--�� M ,����r.s-,.-r-- Mchaei organ Presidirx,� Judge Federat Way Munic+paf Co+�rt Judge David Larson Assistant Presiding Jtrtlge �•T'u� Judge David L`�'rs3�� AssistaM Presiding .ludge Ferieral Way Municipa! Court F� Patti Dudtey Executive Direcior 206-443-96fl3 X 110 COUNCIL MEETING DATE: February 16, 2010 ITEM # 5.� _ _ _ _...... _ __.. _ _ __ _ .. _ _..... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: UNITED WAY OF KING COUNTY—NEW SOLUTIONS IMPACT COUNCIL GRANT AWARD TO DEVELOP � THE HUMAN SERVICES INTERFAITH COALITION IN FEDERAL WAY POLICY QUESTION: SHOULD THE CITY ACCEPT THE ONE-TIME GRANT OF $10,000 FROM UNITED WAY OF KING COUNTY — NEW SOLUTIONS IMPACT COUNCIL? COMMITTEE PRHS&PS CATEGORY: X Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: 2/9/201 O ❑ Public Hearing ❑ Other STAFF REPORT BY: LYNNETTE HYNDEN, HUMAN SERVICES MANAGER DEPT: Community Development � Services Department _............- -- ---..._.._...�........._� ........................_..............._........................._.....__.........._._...._...,.._...�_. ..........,..........._.._.._ ..................................................._......_.............__._....._.._........_.._._._._..__._.....---..._............................................. _.. .. .. Background: In 2009, the Human Services Division launched a new concept titled "Coffee and Conversations." The focus groups engaged in discussions last year regarding the unmet needs for the residents within the community. They also identified how the community should be responding to their residents needs. The outcome of the Faith Based Coffee Circle generated more momentum than the others which is driving the community's persistence in wanting more conversations. Not only were the conversations had at the coffees but a call for action was issued by the collective group. Attachments: • Memorandum to City Manager/Police Chief, Brian Wilson, dated February l, 2010 • United Way of King County New Solutions Small Crrants Funding Contract For Fiscal Year July 1, 2009 — June 30, 2010 Options Considered: 1. Authorize the City Manager/Police Chief to execute the contract between the City Of Federal Way and United Way of King County 2. Do not authorize the City Manager/Police Chief to egecute the contract between the City Of _............_.._..._Federal_Way_and United Way of CountY_ ..........................................................._._�._. STAFF RECOMMENDATION Option 1 CITY MANAGER APPROVAL: �,/.�( a Od � APPROVAL: committee coun 1 co� Co�mcil COMMITTEE RECOMMENDATION: OPTION: I ��. Committee Chair t�t K��-- C mmittee Member Committee Member COUNCIL MOTION "I move approval of (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BII..L # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ��.- �r�rv rt� `�"� ������� ; ��' MEMORANDUM��� TO: Brian Wilson,-k�ter+�-City Manager/Chief of Police �� FROM: Lynnette Hynden, Human Services Division Manager VIA: Greg Fewins, Community Development Services Director DATE: February 1, 2010 RE: United Way of King County— New Solutions Council Grant Back�round In 2009, the Human Services Division launched a new concept titled "Coffee and Conversations." The focus groups engaged in discussions last year regarding the unmet needs for the residents within the community. They also identified how the community should be responding to their residents needs. The outcome of the Faith Based Coffee Circle generated more momentum than the others which is driving the community's persistence in wanting more conversations. Not only were the conversations had at the coffees but a ca11 for action was issued by the collective group. The conversations pulled together members of groups to discuss how each entity/agency/group within the City Of Federal Way to include the Human Services Division can work together to cross collaborate in order to meet the identified unmet needs of the community. The commonality from a11 the conversations is that the residents of Federal Way are supportive and care for their community, so much so they want action and a formal organization to make an impact. With so many groups and agencies one thing is certain, there is a lot happening but with rriore collaboration and conversations it can be done more effectively. Striving for a healthy and safe community without e�austing any one group or agency more than others was a concern shared at the conversations. Because of the group's willingness to continue their focus and conversations, the "Faith Based" group has drawn attention to their unique enthusiasm in South King County. The United Way o f King County through its New Solutions Council has recognized the community enthusiasm and has offered the city a one-time grant of $10,000. to provide ternporary services in order to support the organizing efforts which will lead to more substantive conversations. The financial support from the United Way of King County in addition to a loaned professional has provided the Human Services Division an extraordinary apportunity not only for the city but the residents as well. By creating an Interfaith Coalition the group would then generate their own identity locally and regionally. Developing a vision/mission to achieve outcomes needed within the community requires leadership and direction. Formalizing the group as they become their own recognized entity outside the city will assist in sustaining their efforts for many years to come. The Interfaith Coalition has the potential to work in concert with the city's Human Services Division rather than dependent on the Human Services Funding. Grant The grant is awarded as a one-time give. The City Of Federal Way will not be financially obligated or impacted by accepting this grant. The contract is attached to this memorandum for your review. T'he City of Federal Way and the Faith partners will work to implement a collaborative approach to addressing basic needs in the Federal Way community. A structure will be in place to link the non profits with the faith community and families/individuals to better meet the basic needs of residents. This will provide an integrated approach to identify needs and distribute the resources. As a result of this work: A structure to identify needs and coordinate resources will be in place by Septemtaer 2010. Coordination of resources will focus on basic needs of distribution of emergency assistance — food, energy assistance and rent assistance. The Faith leaders will work with Community Based Organizations to identify and coordinate resources to address homelessness including temporary shelter, meal programs and transitional housing. In December 2010, 3 exarriples/stories will be documented on the success of the coordinated structure. I would ask for your support on this effort and if you have any questions please contact me as I would be happy to e�lain this exciting opportunity. United Way of King County New Solutions Small Grants Funding Contract For Fiscal Year July 1, 2009 — June 30, 2010 CONTRACT BETWEEN CITY OF FEDERAL WAY AND UNITED WAY OF KING COUNTY This Contract is made between United Way of King County and the Ciry of Federal Way (referred to as "the Agency'�. SECTION I: GENERAL PROVISIONS OF THE CONTRACT Amount of Funding: $10,000 A total of $10,000 will be awarded to the Agency by United Way of King County toward the Agency requirements and expectations listed in Exhibit A. Subject to the terms and conditions as set forth in this contract, United Way of King County will provide funds in accordance with the schedule provided under Section IV. Results to be Achieved: Under the terms of this contract, the Agency will perform services detailed in Exhibit A and submit reports documenting services as detailed therein. During the period covered by this contract, should the Agenry plan or intend to discontinue a program that is tied to the achievement of funded outcome(s), the Agency will notify United Way of King of County no less than sixty days prior to the effective date. If as a result of eliminating a prograni, or other intemal or external circumstances, the agency is unable to deliver services that are ried to achieving the funded outcome(s), United Way of King County may require repayment of funds allocated to the affected program. Contract Terms: 'The Agency agrees to comply with all federal and state laws pertaining to charitable organi2ations, agrees not to engage in discrunination basecl on age; gender, race, se�cual orientation, national origin, religion or presence of a disability in delivery of services, and agrees to comply with all United Way of King County contract terms, conditions and requirements as stipulated in this contract and the following documents, if checked: � Exhibit A— Agency Requirements and Expectations ❑ Exhibit C— United Way of King County Audit PoIicy The Agency agrees to comply with any modified and/or additional requirements. As applicable, changes in requirements adopted by United Way of King County during the contract year will be communicated to the Agency in writing at least sixty days prior to implementation. At any time during the contract year, United Way of King County may conduct an audit to verify compliance with contract terms. Termination of the Contract: Either party may terminate the contract for cause upon reasonable written notice. Without limiting the generality of the preceding sentence: United Way of King County may withhold payments and/or terminate all of its contractual obligations hereunder immediately if, in the opinion of United Way of King County the Agency mismanages or makes improper use of any funds provided hereunder, or fails to comply with any of the terms and conditions of this contract. United Way of King County will require repayment of any funds determined to be mismanaged by the Agency. If the Agency is out of compliance with the terms and conditions of this contract at any time during this contract period, upon request the Agency shall work with United Way of King County to develop a Correction Plan. The plan should determine the cause of the noncompliance and develop remedies and a timeline for full compliance. United Way of King County will provide technical assistance as appropriate and reasonable to assist in achieving this goal. If full compliance is not achieved by the mutually agreed-upon time, United Way of King County may immediately terminate the contract at its discretion. SECTION II: ANTI-TERRORISM COMPLIANCE MEASURES In compliance with the spirit and intent of the USA Patriot Act and other counterterrorism laws, the Agency represents that it takes reasonable steps ta 1. Verify that individuals or entities to which it provides, or from which it receives, funds or other material support or resources are not on the U. S. Govemment Terrorist Related Lists*; 2. Protect against fraud with respect to the provision of financial, technical, in-kind or other material support or resources to persons or organizations on such lists; and 3. Ensure that it does not knowingly provide financial, technical, in-kind or other material support or resources to any individual or entity that it knows beforehand is supporting or funding terrorism (whether through direct allocation by the United Way of King County Board of Directors or through the distribution of donor designated funds which it processes for donors participating in a United Way of King Counry campaig�). *In this farm, "U. S. Govemment Terrorist Related Lists" refers to (a) the list of persons and entities in Executive Order 13244, (b) the master list of Specially Designated Nationals and Blocked Persons maintained by the Treasury Department, and (c) the list of Foreign Terrorist Organizations maintained by the Deparnnent of State, as may be updated from time-to-time. SECTION III: FUNDING LEVEL The Agency is funded for the amounts indicated for the achievement of results for the investment area(s) listed below. See attached scope of work. Im�act Area: New Soludons Funding Level Agency TotaL• $10,000 SECTION N: PAYMENT SCHEDULE This is an award of a set amount that is detemuned through a proposal evalua.tion process established by United Way of King County. This process assesses a proposed project's alignment with UWKC's priorities as well as the Agency's track record of successful performance or likelihood of success in producing measurable outputs and outcomes. Note that this grant carries no implication for ongoing funding from UWKC for Agency activities. SECTION V: AGENCY EXPECTATIONS The Agency will comply with the following expectations: • The Agenry must submit a new Certification of Compliance with United Way of King Count�s Non- Discrimination policies, along with a copy of said policies, if and when policy changes are made by the agency. • The Agency must adhere to United Way of King County's Audit Policy as ou$ined in Exhibit C. • The Agency administrative costs (management and general plus fundraisin� shall not be excessive. United Way generally believes that administrative costs should not exceed 25% of total expenditures. • The Agency will maintain an up-to-date listing in the 211 registry. • The Agency will maintain an up-to-date listing in Volunteer Solutions. • If the Agency has a website, the United Way of King County logo must be included on the vvebsite homepage, along with the statement: "Supported by United Way of King Counry" and a link to the United Way of King County website: www.unitedwayofkingcounty.org. United Way of King County also expects the Agency to include the logo on written materials. The United Way of King County logo can be downloaded from: http://www.uwkc.org/campaig�/stuff/logos.asp. • The Agency shall a�oid solicitation of individual donors that encourages them to make designated agency gifts through the United Way of King County annual campaign instead of making gifts to United Way of King County. Throughout the contract period, United Way of King County may provide opportunities for representatives of the Agency to be involved in the annual fundraising campaign. United Way of King County also expects the Agency to include the current United Way of King County logo in materials and on the Agency web site. In addition to the above agency expectations, the Agency will comply with the following reporting requirements. Failure to comply may result in delayed payment and impact the Agency's funding relationship with United Way of King County. This grant carries no implication for ongoing funding from UWKC for Agency activities. SECTION VI: REPORTING REQUIREMENTS See Exhibit A, Agency Requirements and Expectations. SECTION VII: SIGNATURES The signatures on this document indicate that the parties are in agreement with all stipulations made herein. Agency: your signatures further indicate the following (please check all boxes): � ❑ All e�ibits axe attached and agency has initialed where required on E�ibits A. ❑ The Agency is currendy in compliance with all contract terms, conditions and requirements. ❑ A current Certification of Compliance with United Way of King County's Non-Discrimination Policy and a written copy of the Agency's Non-Discrimination Policies are on file with United Way of King County or enciosed with this signed contract. Your signature on this document indicates that you are in agreement with all sripulations made herein. UNITED WAY OF KING COUNTY �� Jon Fine President/CEO Feb 1, 2010 y �����,Li. � , Molly Nordstrom Board Chair c..�f .^ f i r�� v .'�.� ���� 'y � q F' Y✓��ir' City 1vlanager City Manager (I'rinted) Date Board Chair Signature Board Chair Name (I'rinted) Feb 1, 2010 Date iTnited � Way � f3aft� +Ma.a r.f xin; tounfy Investrnent Area: New Solutions EXHIBIT A AGENCY REQUIREMENTS AND EXPECTATIONS Reporting Requirements: The Agency may be asked to present interim results to the New Solutions Impact Council through a presentation at a Council meeting or a visit or tour by the Council's members to the project site. Within 30 days after the completion of activities, and no later than 12 months after this contract is signed by both parties, the Agency will provide UWKC a two-page report, summarizing results achieved, overall outcomes and lessons learned as a result of the contract. The report is to cover the following. The City of Federal Way and the Faith parmers are working to implement a collaborative approach to addressing basic needs in the Federal Way community. A structure will be in place to link the non profits with the faith community and families/individuals to better meet the basic needs of residents. This will provide an integrated approach to identify needs and distribute the resources. As a result of this work: • A structure to identify needs and coordinate resources will be in place by September 2010. Coordination of resources will focus on basic needs of distribution of emergenry assistance — food, energy assistance and rent assistance. • The Faith lea.ders will work with Communiry Based Organizations to identify and coordinate resources to address homelessness including temporary shelter, meal programs and transitional housing. In December 2010, 3 examples/stories will be documented on the success of the coordinated structure. 1. What results were achieved? 2. What were the challenges thatyou faced in project implementation? How did you address them? What opportunities emerged that you didn't foresee when writing the small grants fund proposal? 3. What have you learned that you want to shaxe with others? 4. How have you leveraged the small grants fund amount with other funding, in-kind donations, volunteer hours, new parmerships, cost sa�ings, etc.? What would you estimate is the monetary value of the resources leveraged from the venture fund grant? 5. What axe your next planned steps for this program? .:�f �,.::.::.:. ,. {. ..�r. .:.:, :ti{{tir>{:•iii% r r?k � !�i};� �;.;i.;rr. v :v : :.: :.::::::::::::::.::.:: .. ::::n�::::::::::::: :.:: :w:: :..::r::::::.�:xv:x::::.;w: :�xr::::::xix::::::: :•. :�::?<:�i:k:};:}!v+.�ii`i.�:�ii: �`i:i:�i:�iii$i:�iii:�'r:�'r$ii'r$$.:i:::�::}ii iiiiii:�':�: �ii:ii$'�::i:y,k, iri{�.. _�rrr� �''..+::- { r{{.jrr i�iA. r..�$ ��iw.. x r/«r . >::r��.�k;���= : ``i . ..:}rrx}nv�..:�:x:: • `:`::�:'�:�>�€:.`:`,; . �..�.: .. ... ... ... ,.:.. ..:... ....,..,.: :.::::::,:::,.::... ..s�.. :::::::::::::::::::...,,::::::: .... ,:::::::::::: ::::.: ::...::. ,,:.,.,.:::::: ...... ...... . ..... . � :::.,..:;;:;:.::;:.;;::.:: : ... .: ;:.;::.:....:.:.: : :::: ...::::: >.:.:: :::: .., .. . . . ....... .::: ., :.; ::: • �; ::« :: :::::::.............:....�::::::::.�:. .::::.:;>: :,.::.:.:::::::,::::::..........:.r.:::.. . . r.:...:� .. ................ :::::::::::::::::::::::.�:::.�::.::: :::,..:::::,::.:;.:: .. ...........:..,:.::�.::.:;.:.:.:�.;::.:::::::�::.;;:.:;,:,.: ::.: :.::.>;:.:,:,::.:::::,::::,,.::. > ....... ...... ..,.,::::::..,.::::, . .,,,.:, ::.:.,.,.,,.. ,.� 1. Financial Audit • Audit not required. The annual funding audit policy is attached to this contract in Exhibit C. However, the audit requirements for one time funding are altered and described in the Due Date column. Please initial to indicate your agreement with requirements of Exhibit A. United � wdj! L►'J�', EXHIBIT C: uni:m�w��,rNn�c,L�,•,, UNITED WAY OF HING COUNTY AUDIT POLICY All United Way of King County grantee agencies axe required to submit annual financial statements audited or reviewed by an independent Certified Public Accountant or an IRS Form 990 and financial tool prepared by an independent Certified Public Accountant. These submissions are due no later than five (5) calendar months plus one (1) day after the close of an agency's fiscal year. If a submission due date falls on a weekend or United Way of King County holiday, the submission due date is moved to the following United Way of King County business day. If an agency has: �$1,000,000 or more in total annual revenues or receives $100,000 or more annually in non-designated funds from United Way of King County, the agenry is required to submit audited financial statements. • Between $300,000 and $999,999 in total annual revenues or receives between $30,001 and $99,999 in funding annually in non-designated funds from United Way of King County, the agency is required to submit reviewed financial statements. • Less than $300,000 in total annual revenues or receives $30,000 or less in non-designated funds from United Way of King County, the agency is required to submit an IRS Form 990 and the agency financial tool provided by �WKC. Compiled financial statements are not acceptable. If an agency is unable to meet its required due date, a written extension request must be signed by the Chair of the agency's goveming Board and received by United Way of King County in time to be evaluated and approved prior to the due date. Justification for approval of extension requests of audit or review due dates shall be lunited to those circumstances clearly beyond the control of the agency. Extension requests must include a target submission date as well as a brief description of: 1. What event(s) has/have caused the delay in completing the audit or review in a timely fashion, 2. Who is responsible for the event(s) causing the delay, 3. The timing of the relevant factors affecting the event, 4. Why the event(s) is/axe beyond the control of the agency, and 5. What steps the agency has taken to insure that the delay will not reoccur. Requests for extensions of due dates must be approved by both: (a) either the Chair of the Audit Review Committee or her/his desi�ee, and (b) Vice President of Community Services or her/his designee. The approval process may require a week or more. Audit reports must be prepared in accordance witl� generally accepted auditing standards specifically relevant to the not-for-profit industry. Audited or reviewed financial statements are to be in conformity with generally accepted accounting principles (GAAP) and the American Institute of Certified Public Accountants (AICPA) Guide, "Audits of Not-For-Profit Organizations." Where applicable, audits are to adhere to Govemment Auditing Standards, the requirements of OMB Circular A-133, and any other relevant standard. Reviews are to be prepared in accordance with AICPA standards. The independent accountant's report should include an unqualified opinion. In the rare event of a qualified opinion, an adverse opinion, or a disclaimer of opinion, the report must be accompanied by an agency board statement which sets out the agency's plan for correcting the item or items which caused the independent accountant to issue other than an unqualified opinion. The agency's submission packet must include: 1. A complete audit, review or 990 and financial tool of the agenry's most recently ended fiscal year; 2. Evidence from the agency's governing Board or Board designated committee that it has accepted the audit, review or 990 as final. Evidence includes (a) minutes of the agency Board or Board designated committee meeting at which the review or audit was accepted as final, or (b) a letter over the signature of an agency Board officer that, in his/her capacity as a Board officer, she/he accepts the audit or review as final; 3. Management letters are issued by the auditor, usually during the audit process, to advise the Board of significant deficiencies and sig�ificant weaknesses. • If the Organization received a management letter — send a copy of the letter with the audit report sent to UWKC. �• If you did not receive a management letter and your report is issued under Govemmental Auditing Standaxds no further action is required. • If you did not receive a management letter and your report was issued under Generally Accepted Auditing Standards provide a letter, signed and dated by a board member, that the Organization did not receive a management letter and include the letter with the audit report sent to UWKC. 4. All related OMB Circular A-133 reports for the most recendy ended fiscal year as soon as they are completed. Note that if any part of the submission packet is missing, the entise packet is considered to be not turned in. Failure to comply with the stated Audit Policy will result in the following actions: • The agency will receive notification when the audit, review or 990 is overdue by 15 days. The communication will clearly state that if the complete audit package is not received within 60 days of the original due date, or approved extended due date, if applicable, the agency's allocation will be sequestered. The notification will become part of the agency's permanent record. If an agency's non-designated funds are sequestered for 90 days or more, the President of United Way of King County or his/her designee, through the Community Building Committee, is expected to bring this issue before the Board of Directors of United Way of King County to approve the forfeiture of a portion of or all sequestered funds and to cease non-designated funding for that agency and take other appropriate action. During this period, United Way of King County reserves the ri�t to solicit proposals from other agencies that might be able to extend similar services in the community. � If a late milestone date falls on a weekend or a United Way of King County holiday, then that late milestone is moved to the following United Way of King County business day. Note, however, that such a move does not affect any subsequent late milestone date. • If an extension request has been approved after the sequestering process has begun, the sequestering process is stopped temporarily, but resumes at the point of interruption should the agency fail to meet the target submission date that was agreed to in the extension approval process. Upon Audit Review Committee verification that the agency has submitted a current and complete packet and that the review process uncovered no issues to be investigated, the Chair of the Audit Review Committee will notify the President of United Way of King County or her/his designee in writing. The President of United Way of King County or her/his designee will instruct the accounting staff to release all sequestered non-designated funds to the agency and to resume normal monthly non-designated fund payments for that agency. The President of United Way of King County or her/his designee will notify both the agency Executive Director and the agency Board Chair of this action. A copy of the Audit Review Comrnittee letter of audit verification and a copy of the President's letter of release from sequestering will be placed in the permanent agency file. The process of reviewing an audit or review may uncover issues with an agenry that are so serious as to call into question the financial health or integrity of that agency or to create doubt as to the ability of that agency to honor its contractual performance commitments with United Way of King County. In such case, these issues will be brought to the attenrion of the Community Building Committee of the Board of Directors of United Way of King County for investigation. During this investigation, the non-designated funds to that agency will be sequestered. Upon successful resolution of these issues, the sequestered funds will be released. If these issues cannot be successfully resolved, the Community Building Committee is expected to ask the Board of Directors of United Way of King County to approve the forfeiture of all sequestered funds and to cease non-designated funding for rhat agency. If the Board of Directors of United Way of King County approves the forfeiture of all sequestered funds and the cessation of non-designated funding for that agency, the agency may reapply for futuxe funding from the United Way of King County. If an agency is sequestered per the current policy, a contract will not be issued until the audit poliry requirements are met and any issues are resolved. Further, if an agency is sequestered and the agency doesn't submit the current yeax's required documents, the sequestering will not be removed unti� both years' required documents are reviewed by the Audit Review Committee and any issues are resolved. Issues identified in the review of audits, as well as the agency's history of audit submission will be an element in determining the future allocarion levels. Approved by UWKC Board of Directors March 2009 COUNCIL MEETING DATE: February 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: Sus.rECT: Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila and The Port of Seattle, for the Creation of the Valley Civil Disturbance Unit (VCDU) POLICY QUESTION Should the City of Federal Way / Federal Way Police Department enter into an Agreement with Auburn, Kent, Renton, Tukwila and The Port of Seattle for the Creation of the Valley Civil Disturbance Unit (VCDU)? CoMMITTEE: Parks, Recreation, and Public Safety Council Corrunittee CATEGORY: � Consent ❑ Ordinance ❑ City C o u n c il B us in ess ❑ Resolution STAFF REPORT BY: CI-�ZLS NORMAN, COMMANDER ..............................................._....._.............._............................_.........................................................._...............�........._.._.................................................................................. Attachments: 1. PRHS&PS Memo 2. Interlocal Cooperarive Agreement for VCDU Options Considered: 1. Accept the Interlocal Cooperative Agreement for VCDU 2. Reject Agreement STAFF RECOMMENDATION Staff recommends Option 1. MEETING DATE Feb. 9, 2010 ❑ Public Hearing ❑ Other DEPT Police Department q/�� �tVIV CITY MANAGER APPROVAL: ��./,�J�� � �� D.I�n� d DIRECTOR APPROVAL: Commit e� Council COMMITTEE RECOMMENDATION: PRPS recommends Option � -�J � — ��-�s.�'�. Committee Chair ommittee Member Committee Council Committee Member y///• � PROPOSED COUNCIL MOTION "I move approval of the Interlocal Cooperative Agreement beriveen Auburn, Federal Way, Kent, Renton, Tukwila and The Port of Seattle, for the Creation of the Valley Civit Disturbance Unit (VCDU) and authorize �wi��++ City Manager / Police Chief Brian Wilson to sign such Agreement" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPRO VED COUNCIL BILL # ❑ DENIED 1 ❑ TABLED/DEFEI2ItED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLiTfION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: February 9, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, Interim City Manager / Police Chief FROM: Andy J. Hwang, Assistant Police Chief SUBJECT: Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila and The Port of Seattle, for the Creation of the Valley Civil Disturbance Unit (VCDU) Background The Va11ey Civil Disturbance Unit (VCDU) was established to create and maintain a multi- jurisdictional team to effectively control crowds of unruly patrons and enforce the law during times when our communities face large-scale civil disturbances. In these situations mass arrests situations may occur. Multi jurisdictional efforts to handle large scale acts of disobedience, demonstrations, riots, etc, will result in more effective pooling of personnel, improved use of municipal funds and equipment, and better utilization of specialized expertise and training. The VCDU Team greatly improves the safety of our citizens, as well as, our officers. 1 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY Civil Disturbance Unit I. PARTIES The parties to this Agreement are the Port of Seattle and the cities of Auburn, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation operating under the laws of the State of Washington. II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington ("RCW"). III. PURPOSE The parties hereto desire to establish and maintain a multi-jurisdictional Valley Civil Disturbance Unit (Valley CDU). IV. FORMATION There is hereby created a multi-jurisdictional team to be hereafter known as the "Valley Civil Disturbance Unit" ("VCDU"), the members of which shall be the Port of Seattle, and the cities of Auburn; Federal Way, Kent, Renton, Tukwila. The future admission or elimination of a jurisdiction as a member of the VCDU may be accomplished by an addendum to this Agreement. V. STATEMENT OF PROBLEM King County and municipalities within the Puget Sound area have experienced periodic large-scale civil disturbances. These disturbances manifest themselves in the form of civil disobedience, unlawful passive and active demonstrations, as well as riots. Mass arrest situations are likely to result from the aforementioned disturbances. Participants in this unlawful activity, or the tactics they employ will usually out-stretch the resources of any one single agency to effectively and efficiently handle the situation. Law enforcement efforts directed at dealing with these types of civil disturbances have, for the most part, been conducted by law enforcement agencies working independently. A multi-jurisdictional effort to handle acts of civil disobedience, passive and active demonstrations, as well as riots will result in more effective pooling of personnel, improved utilization of municipal funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased utilization/application of a combined civil disturbance unit. The results will be improved services for all the participating agencies, increased safety for officers and the community, and improved cost effectiveness. VALLEY CIVIL DISTURBANCE UNIT INTERLOCAL AGREEMENT - 2009 VI. TEAM OBJECTIVES The individual CDU teams from each participating municipality will consolidate into one combined Civil Disturbance Unit, known as "the VCDU", servicing each participating jurisdiction. The VCDU shall also be available to outside law enforcement agencies as provided by chapter 10.93 RCW. The objective of the VCDU shall be to provide enhanced use of personnel, equipment, budgeted funds, and training. The VCDU shall respond as requested by any of the participating jurisdiction and provide a coordinated effective resolution to civil disturbance incidents VII. DURATION AND TERMINATION The minimum term of this Agreement shall be one (1) year, effective upon the last signed below. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement. A jurisdiction may withdraw its participation in the VCDU by providing written notice of its withdrawal, and serving such notice upon each Executive Board member of the remaining jurisdictions. A notice of withdrawal shall become effective ninety (90) days after service of the notice on all participating members. The VCDU may be terminated by a majority vote of the Executive Board. Any vote� for termination shall occur only when the police chief, or the designee, of each participating jurisdiction is present at the meeting in which such vote is taken. VIII. GOVERNANCE � The affairs of the team shall be governed by an Executive Board ("Board"), whose members are composed of the police chief, or his/her designee, from each participating jurisdiction. Each member of the Board shall have an equal vote and voice on all Board decisions. Unless otherwise specified in this Agreement, alt Board decisions shall be made by a majority vote of the Board members, or their designees, appearing at the meeting in which the decision is made. A majority of Board members, or their designees, must be present at each meeting for any actions taken to be valid. A presiding officer shall be elected by the Board together with such other officers as a majority of the Board may decide. The Board shall meet quarterly or within a month following a VCDU deployment or major training exercise, or as otherwise determined by the Board. The presiding officer, or any Board member, may call extra meetings as deemed appropriate. The presiding officer shall provide no less than forty-eight (48) hours notice of all meetings to all members of the Board; PROVIDED, however, that in emergency situations, the presiding officer may conduct a telephonic meeting or a poll of individual Board members to resolve any issues related to such emergency. VALLEY CIVIL DISTURBANCE UNIT 2 INTERLOCAL AGREEMENT - 2009 The Board shall develop VCDU written policies, regulations, and operational procedures within ninety (90) calendar days of the execution of this Agreement; PROVIDED, any policies, regulations, and operational procedures in effect pursuant to previous joint civil disturbance prevention operations shall remain in effect without action of the Board and until such time as they are subsequently altered by the Board. The VCDU written policies, regulations, and operational procedures shall apply to all VCDU operations. To the extent that the written policies, regulations, and operational procedures of the VCDU conflict with the policies, regulations, and operational procedures of the individual jurisdictions, the VCDU written policies, regulations, and procedures shall prevail. IX. STAFF A Tactical Commander, which shall be a command level officer, shall be appointed annually by the Board to act as the principal liaison and facilitator between the Board and the members of the VCDU. The Tactical Commander shall operate under the direction of the presiding officer of the Board. The Tactical Commander shall be responsible for informing the Board on all matters relating to the function, expenditures, accomplishments, training, number of events that the VCDU responds to, problems of the VCDU, and any other matter as requested by the Board. The Tactical Commander may be removed by action of the Board at anytime and for any reason, with or without cause. The Tactical Commander shall prepare quarterly written reports to the Board on the actions, progress, and finances (if applicable) of the VCDU. In addition, the Tactical Commander shall be responsible for presenting rules, procedures, regulations, and revisions thereto for Board approval. Each jurisdiction shall contribute a minimum (16) full-time commissioned officers, which shall include at least two (2) Sergeants or other first level supervisor, to be assigned as squad leaders on the VCDU. The personnel assigned to the VCDU shall be considered employees of the contributing jurisdiction. The contributing jurisdiction shall be solely and exclusively responsible for the compensation and benefits for the personnel it contributes to the VCDU. All rights, duties, and obligations of the employer and the employee shall remain with the contributing jurisdiction. Each jurisdiction shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions of any applicable collective bargaining agreements and civil service rules and regulations. The Board may, at its discretion, appoint one (1) or more legal advisors to advise the Board on legal issues affecting the VCDU. The legal advisor(s) shall, when appropriate or when requested by the Board, consult with the legal representatives of all participating jurisdictions before rendering legal advice. X. COMMAND AND CONTROL ' During field activation of the VCDU, an Incident Commander, VCDU Tactical Commander, and VCDU Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, the VCDU Tactical Commander, and the VCDU Team Leader(s) shall be set forth in the standard VALLEY CIVIL DISTURBANCE UNIT 3 INTERLOCAL AGREEMENT - 2009 operating procedures approved by the Board. The standard operating procedures approved by the Board may designate other personnel to be utilized during an incident. XI. EQUIPMENT, TRAINING, AND BUDGET Each participating jurisdiction shall acquire the equipment of its participating VCDU members. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating VCDU members. Each participating jurisdiction shall provide sufficient funds to provide for training of its participating VCDU members. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the VCDU shall, unless otherwise determined by the Board, be equal to those provided by the other participating jurisdictions. Each member jurisdiction shall maintain an independent budget system to account for funds allocated and expended by its participating VCDU members. The Board must approve any joint capital expenditure for VCDU equipment. XII. DISTRIBUTION OF ASSETS UPON TERMINATION Termination shall be in accordance with those procedures set forth in prioc sections. Each participating jurisdiction shall retain sole ownership of equipment purchased and provided to its participating VCDU members. Any assets acquired with joint funds of the VCDU shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the VCDU shall be determined by using commonly accepted methods of valuation. If two (2) or more participating jurisdictions desire an asset, the final decision shall be made by arbitration (described below). Any property not claimed shall be declared surplus by the Board and disposed of pursuant to state law for the disposition of surplus property. The proceeds from the sale or disposition of any VCDU property, after payment of any and all costs of sale or debts of the agency, shall be equally distributed to those jurisdictions participating in the VCDU at the time of dissolution in proportion to the jurisdiction's percentage participation in the VCDU as of the date of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the VCDU, but the VCDU continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the VCDU or to share in the proceeds at the time of dissolution. Arbitration pursuant to this section shall occur as follows: A. The jurisdictions interested in an asset shall select one (1) person (Arbitrator) to determine which jurisdiction will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in the VCDU upon dissolution shall meet to VALLEY CIVIL DISTURBANCE UNIT 4 INTERLOCAL AGREEMENT - 2009 determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. B. During a meeting with the Arbitrator, each jurisdiction interested in the property shall be permitted to make an oral and/or written presentation to the Arbitrator in support of its position. C. At the conclusion of the presentation, the Arbitrator shall determine which jurisdiction is to receive the property. The decision of the Arbitrator shall be final and shall not be the subject of appeal or review. XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION It is the intent of the participating jurisdictions to provide services of the VCDU without the threat of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with VCDU actions that are brought against the jurisdictions. To this end, the participating jurisdictions agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through G below. A. ��arisdiction Not Involved In VCDU Res nonse. In the event that a jurisdiction or its personnel were not involved in the VCDU response to the incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of the particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or � award. B. Intentionally Wronaful Conduct Beyond the Scope of Emnlovment. Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any VCDU personnel for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or jurisdiction. Payment of any award for punitive damages shall be the sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered. C. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions VALLEY CIVIL DISTURBANCE UNIT 5 INTERLOCAL AGREEMENT - 2009 in any legal action. Those jurisdictions retaining joint counsel shall share equally the costs of such representation or defense. In the event a jurisdiction does not agree to joint representation, the jurisdiction shall be solely responsible for all attorneys fees accrued by its individual representation or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making VCDU members available for depositions, discovery, settlement conferences, strategy meetings, and trial. D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the jurisdiction shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit; PROVIDED, however, that in the event a jurisdiction or employee is removed from the lawsuit and subsection (A) of this section is satisfied, the jurisdiction shall not be required to pay any share of the award or settlement. E. Settlement Process. It is the intent of this Agreement that the jurisdictions act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an individual jurisdiction without the agreement of the remaining jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. F. Defense Waiver. This section shall not be interpreted to waive any defense arising out of RCW Title 51. G. Insurance. The failure of any insurance carrier or self-insured pooling organization to agree to or follow the terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement. XIV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support of VCDU operations, the jurisdiction shall promptly notify the other jurisdictions that the VALLEY CIVIL DISTURBANCE UNIT 6 INTERLOCAL AGREEMENT - 2009 claim or lawsuit has been initiated. Any documentation, including the claim or legal complaints, shall promptly be provided to each participating jurisdiction. Any jurisdiction or member who believes or knows that another jurisdiction would be liable for a claim, settlement, or judgment that arises from a VCDU action or operation, shall have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a participating jurisdiction has a right, pursuant to section XIII of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hold the other harmless. XV. PROCESSING OF CLAIMS. A. Designation of Lead Jurisdiction. There shall be a lead jurisdiction for processing a claim that is filed with and against cities for alleged damages and injuries that occur as a result of VCDU activities. The lead jurisdiction shall be the jurisdiction within which the VCDU response occurred; PROVIDED, that in the event the jurisdiction within which the VCDU response occurred did not participate in the VCDU response, the lead jurisdiction shall be the jurisdiction within which the incident that required the VCDU response originated. In the event that a jurisdiction that was not involved in the VCDU response receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XIV of this Agreement, and shall use its best efforts to determine who is the appropriate lead jurisdiction. B. Assistance of Tactical Commander. The VCDU Tactical Commander shall assist the lead jurisdiction in responding to a claim. The VCDU Tactical Commander shall be responsible for gathering all records relating to the VCDU response. These records shall include, but are not limited to, incident reports, notes, transcripts, photos, evidence logs, recorded statements, documents from emergency dispatch centers, and warrants from all jurisdictions that participated in the VCDU response. The Tactical Commander shall also provide a list of personnel who participated in the response and their contact information. The Tactical Commander shall deliver all copies of the records to the lead jurisdiction promptly upon request. VALLEY CIVIL DISTURBANCE UNIT 7 INTERLOCAL AGREEMENT - 2009 C. Claims of $5,000 or Less. l.ead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible for working with the Tactical Commander to gather records relating to the VCDU response. The lead jurisdiction shall provide records to its insurance provider and shall assist its insurance provider in assessing liability for acts associated with the claim. The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability. In determining whether a claim should be paid, the lead jurisdiction and its insurance provider shall, at a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. ii. Liability Determination - A�portionment of Damages. The lead jurisdiction, with the assistance of its insurance provider and risk manager, shall determine whether the VCDU is liable for damages set forth in a claim, and whether the payment of the claim would be in the best interest of the jurisdictions and/or the VCDU. In the event the lead jurisdiction determines that � payment of a claim is appropriate, such determination shall be final and binding upon other jurisdictions and payment shall be apportioned equally among all jurisdictions that participated in the VCDU response. The insurance provider for the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction that participated in the response shall reimburse the insurance provider for its equal share of such payment. Prior to the payment of any claim, and as a condition of such payment, the insurance provider providing payment shall obtain from the claimant a complete and total release of liability on behalf of all jurisdictions participating in the VCDU and each and every officer, agent, or volunteer of those participating jurisdictions. In the event the lead jurisdiction determines that the VCDU is not liable for damages set forth in a claim or that the payment of the claim would not be in the best interest of the jurisdictions and/or the VCDU, the lead jurisdiction shall notify the other jurisdictions of the determination, and such determination shall be binding on the other jurisdictions; PROVIDED, that another jurisdiction that determines that payment is appropriate may pay such claim in full, and shall not seek reimbursement from the other participating jurisdictions. iii. Letter From Insurance Adjusters jurisdiction, in conjunCtion with determines that payment of a insurance provider shall provide In the event a lead its insurance provider, claim is appropriate, the each of the participating VALLEY CIVIL DISTURBANCE UNIT 8 INTERLOCAL AGREEMENT - 2009 jurisdictions with a letter stating the determination and the bases for such determination. D. Claims over �5,000. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a meeting with all jurisdictions participating in the VCDU to discuss the claim and to determine the appropriate manner in which to respond and/or defend the claim. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. XVI. PROCESSING OF LAWSUITS. A. Notification to Other Jurisdictions. In the event a jurisdiction is served with a lawsuit, that jurisdiction shall provide notice and documentation of the lawsuit to each of the other jurisdictions in accordance with Section XIV of this Agreement. B. Coordination of Initial Meeting. The jurisdiction that initially receives a lawsuit shall schedule a meeting with all of the jurisdictions participating in the VCDU to discuss the lawsuit and to determine the appropriate manner within which to. respond and/or defend the lawsuit. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. XVII. NOTIFICATION OF CLAIMS AND LAWSUITS. Section XIV of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating jurisdiction of the requirements set forth in Chapter 4.96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit in accordance with the State or Federal Rules of Civil Procedure or the Revised Code of Washington. For the purposes of implementing Section XIV of this Agreement, the following persons from each jurisdiction shall receive any required notification or documentation : VALLEY CIVII. DISTURBANCE UNIT 9 INTERLOCAL AGREEMENT - 2009 Auburn Kent Auburn City Attorney Kent City Attorney 25 West Main Street 220 4 Avenue South Auburn, WA 98001 Kent, WA 98032 (253)931-3030 (253)856-5781 Auburn Police Chief Kent Risk Manager 101 N. Division 220 4 Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3080 (253) 856-5285 Auburn Human Resources Kent City Clerk Director/Risk Manager 220 4 Avenue South 25 West Main Street Kent, WA 98032 Auburn, WA 98001 (253) 856-5728 (253) 931-3040 Auburn City Clerk Kent Police Chief 25 West Main Street 220 4 Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3039 (253) 856-5888 Port of Seattle: Federal Wav: Port of Seattle Claims Manager Federal Way City Clerk P.O. Box 1209 P.O. Box 9718 Seattle, WA 98111 Federal Way, WA 98063 Tukwila: Federal Way City Attorney P.O. Box 9718 City Clerk Federal Way, WA 98063 City of Tukwila 6200 Southcenter Blvd. Tukwila WA 98043 WCIA: R�.l�-Q� Claims Manager Renton Risk Manager WCIA 1055 So. Grady Way P.O. Box 1165 Renton, WA 98057 Renton, WA 98057 XVIII. COMPLIANCE WITH THE LAW The VCDU and all its members shall comply with all federal, state, and local laws that apply to the VCDU. VALLEY CIVIL DISTURBANCE UNIT 10 INTERLOCAL AGREEMENT - 2009 XIX. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all participating jurisdictions and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner consistent with paragraph XXIII of this Agreement. XX. RECORDS Each jurisdiction shall maintain training records related to the VCDU for a minimum of seven (7) years. All records shall be available for full inspection and copying by each participating jurisdiction. XXI. FILING Upon execution hereof, this Agreement shall be filed with the county auditor or, alternatively, listed by subject on the website of participating jurisdictions. XXII. SEVERABILITY If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. XXIII. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. Mayor, City of Auburn Date City Attorney, City of Auburn Date City Clerk, City of Auburn i VALLEY CIVIL DISTURBANCE UNIT INTERLOCAL AGREEMENT - 2009 Date 11 Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Mayor, City of Tukwila City Clerk, City of Tukwila Mayor, City of Kent City Clerk, City of Kent Date Date City Attorney, City of Tukwila Date Date City Attorney, City of Kent Date Date Date City Manager, City of Federal Way Date �City Attorney, City of Federal Way Date City Clerk, City of Federal Way Date Executive Director, Port of Seattle Date Port Counsel, Port of Seattle VCDU-Interlocal v4 12-03-09 FINAL.doc Date VALLEY CIVIL DISTURBANCE UNIT 12 INTERLOCAL AGREEMENT �- 2009 COUNCIL MEETING DATE: February 16, 2010 __ _ __. __ _ _ _ _ _ _. CITY OF FEDERAL WAY ITEM #:�_ _ _._.... . ___ _. AGENDA BILL SUBJECT: JANITORIAL SERVICES FOR DUMAS BAY CENTRE POLICY QUESTION Should the Council authorize a janitorial contract for the Dumas Bay Centre with Seattle Best Services of America, Inc (SBS)? CITY COUNCIL COMMITTEE PRHSPSC CATEGORY: � Consent ❑ City Council Business � ■ Ordinance Resolution MEETING DATE February 9 , 2010 ❑ Public Hearing ❑ Other STAFF REPORT BY: Rob Ettin er, Conference Coordinator DEPT PRCS _...__.._...�._...__ ..........................._...._.._.............._....................._$...._._._...............-----------..._..._.....---...................._........................... .._.._.._..._..............._._....__.............._.._..:_..----_:.._.............___...__........._..................__....___....�_......_._...__�_. _.._._. For 2 years, SBS has successfully performed janitorial services at 3 City Facilities: City Hall, Police evidence building & Steel Lake Maintenance Office. The Dumas Bay Centre released a Request for Quotation (RFQ) for janitorial services on December 23, 2009, which closed on January 1 l, 2010. SBS Janitorial received the highest percentage tally, and is also the lowest cost to the facility per hour. We seek authorization to enter into a service contract for the Dumas Bay Centre janitorial services with SBS Inc. Contract summary: Janitorial Services dail cleanin Antici ated hours er month cost er hour 80 $ 21.00 Housekee in Services overni ht accommodations 120 $ 21.00 Total Contract Compensation cost 20,160.00 30.240.00 All hours are estimated and actual hours will be based solely on facility rentals and scheduled per the Conference Coordinator. Attachments: Memorandum Options Considered: 1. Authorize staff to execute a janitorial contract with SBS Inc. for the Dumas Bay Centre Janitorial Contract. 2. Do not authorize the Dumas Bay Centre Janitorial Contract. 3 not Janitorial contract,.,and.provide._direction to_staff _ ................._._..__....___ STAFF RECOMMENDATION Staff recommends accepting option #1. CITY MANAGER APPROVAL: �. �l�'I " 'a W �I � /��IRECTOR APPROVAL: �� committee coun ��/ co �mnittbe C COMMITTEE RECOMMENDATION: �, c a Committee Cha C ittee Member Committee Member PROPOSED COUNCIL MOTION "I move approval and accept the term of the contract for 1 year in the amount of $50,400 and authorize the City Manger to execute the contract" (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 RESOLUTION # � � AI � ` � . . PARK.S, RECREATION AND CULTURAL SERVICES CITY COUNCIL COMMITTEE STAFF REPORT DATE: January 27, 2010 TO: Parks, Recreation, Human Services & Public Safety Committee FROM: Rob Ettinger, Conference Coordinator Dumas Bay Centre VIA: Brian Wilson, City Manage���'" ��/�� SUBJECT: Dumas Bay Centre Janitorial and Housekeeping Services Back , rg ound The Dumas Bay Centre has been contracting for janitorial and housekeeping services since the inception of the facility. Janitorial services had been billed on an hourly/per request basis and our housekeeping services (overnight rooms) has been billed on a per room/per request basis with the contractor providing linens and towels. On December 23, 2009 the Dumas Bay Centre released a Request for Quotation (RFQ) for janitorial and housekeeping services. This RFQ was designed to provide janitorial and housekeeping services solely on an hourly basis paying a minimum of prevailing wage. We have also secured linens by coop under the Washington State Contract 013-08 which has been awarded to Aramark Services for. linens. This process should result in a reduction of expenses incurred by the facility for janitorial and housekeeping services, increasing the profit margin. Request for Quotations A Request for Quotations (RFQ) was released on December 23, 2009 advertising in the Federal Way Mirror and Daily Journal of Commerce on both December 26 and 30, 2009. We also distributed the document to all janitorial contractors listed on the MRSC roster in King County. The MRSC Roster is a shared statewide small public works and consultant roster database for Washington State counties, cities, etc. We had six individual janitorial firms tour the facility and had five bids submitted by the deadline of January 11, 2010. After a review of the submitted materials and pricing, the clear low responsive bidder is determined to be SBS Inc. Please see the table below for a description of all bids receive and their associated prices for services. Cost Per Hour Time Estimated for Time Estimated for Minimum (prevailing retreat room services Restroom and Shower Service wage required) Room Services Requirement First Class Building $25.00 15 Minutes 30 Minutes None Maintenance American Daily - 2 Janitorial $22.4? 15 Minutes 1'/4 Hours Hours Services Retreat - 3 _ Hours__� B�lenavr.sta Sen �ices I�7c. SMS Cleaning Inc. SBS I nc. Bud�et $25.50 $25.00 $21.00 1 Hour 12 Minutes 15 Minutes 1 '/z Hours 1 Hour 24 Minutes 1 '/2 to 2 hours None 12 overnight rooms minimum order None COUNCII, MEETING DATE: Feb 16, 2010 ITEM #:��_ _ _ _ __._ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 201 O PARKS COMMISSION WORK PLAN POLICY QUESTION Should the Council approve the 2010 Parks Commission Work Plan? COMMiTTEE PRHSPSC CATEGORY: � Consent ❑ City Council Business ■ ■ Ordinance Resolution MEETING DATE Feb 9 , 2010 ❑ Public Hearing ❑ Other STAFF REPORT BY: STEPHEN IKERD, Parks & Facilities Mana er DEPT PRCS _ .........................................._....._....._.......__....__.._.__..__._........_......._..............._....................._......_..._.._.............._..........._................_____._....................._�................._ _.................._..._._._..__.......__._.._.__......_...__..........._......._...__... ___.....__......._ _ The Parks Commission reviewed and discussed their proposed work plan during the January 7, 2010 Commission meeting and approved the final attached Work Plan. Attachments: 2010 Park Commission Work Plan Options Considered: 1. Approved the proposed Parks Commission 2010 Work Plan. 2. Decline the proposed Parks Commission 2010 Work Plan, and request the Parks Commission to make revisions. _ __........_ ...................._.._._...................____...................._.�__..---...__...---... _ _....................-----.............._........_.....---_._.....__._._............ _.....__............................_... _....__..._. _. .....____....----_._—._........_....._.....__...._.__. ... _ __ _.._._........._. STAFF RECOMMENDATION Staff recommends the approval of the 2010 Parks Commission Work Plan. r 1 I �, �✓� d� /� CITY MANAGER APPROVAL:.[,zW�I�-, I�/�?'��`� �" 1 ►� �� DIRECTOR APPROVAL• - �� -- 1 Ca�� Comrnittee Council • Committee Council COMMITTEE RECOMMENDATION: OPTION # ( work plan " �.J� � �- Committee Ch r Co ittee Member Committee Member COUNCIL MOTION "1 move approval of option 1, acceptance of the 2010 Parks Commission (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO AC'TION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF ���g �ao�����o� Federal V1/ay �o�o �a�� P�� Project Summary/Objectives Commission Tasks When Status _ 1. Conduct public outreach Commission sub-committee to identify 2. Identify existing and potential routes and Trail & Pedestrian access existing and potential routes throughout connections 1 _ 4th improvements the city and help design a route map that 3. Recommend new routes and review qtr. couid be handed out to users. impiementation options 4. Decide on need or format for a trail map 1. Determine which rule infractions are of the " most concem. j Explore Park enforcement Many users ignore Park rules which have 2, Discuss the scope of a fine policy � 51 _ 4th I fines an affect on others. qtr• � 3. Discuss the overall effectiveness, pros and j cons of such a program and how it could be i enforced? i 1. Evaluate the request to add a disc golf � course. I Disc Golf Should the Parks Department add a disc 2. Identify potential site to locate a course and 1 S` _ 2 nd golf course to the system? cost estimates. qtr. 3. Develop a recommendation for Council if the decision is to add a course to the City. Annual Playground Installation of playground equipment in P 2 and 1. Develo a decision matrix i equipment replacement existing parks appropriate for the 2. Prioritize next 2-3 locations. 3` 4t�• i neighborhood I 2010/2012 - CIP/Bud et 2 nd_3rd ; 9 CIP planning Review and make recommendations qrt i � 1. Identify and sponsor scheduled volunteer's i Hold volunteer events in City Parks in activities 2 and 2010 Volunteer Events �njunction with Earth/Arbor Day in April 2. Recruit volunteers 3 qtr. 3. Volunteer at events l.aurelwood Park Recommend Parks role with this property Review existing condition and use and make 3 d q recommendations for future use. � COUNCIL MEETING DATE: February 16, 2010 ITEM #: ��_ __ _ __ __ _ __ _ __ _ __ _ _ CITY OF FEDERA.L W AY CITY COUNCIL AGENDA BILL SUBJECT: THIRD AMENDMEN'T FOR PARKING LOT VACUUMING POLICY QUESTION Should the Council authorize a third amendment for a service contract with McDonough & Sons Inc.? COMMITTEE PRHSPSC CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE Feb 9 , 2010 ❑ Public Hearing ❑ Other STAFF REPORT BY: Ste hen Ikerd Parks & Facilities Man�er DEPT: PRCS __........_........_. ____....---...._.. ._p...... .. _ .._ ... . _ _ .. ...............----......_._�_...._....�.._.... __.. ...._._ .._....._.. _..._..-----._............. . . ._. _ _ _._ Over the past fottr years, McDonough & Sons Inc. has successfully provided parking lot vacuuming service to our Parks and Facilities. By mutual agreement we seek authorization to extend their service contract for an additional 2 years at the same rate of $l 0,300.50 per year. Amendment summary: $21,000 — total current operations budget for 2 years. 20,601 — total amount for a 2 year extension. (2010 -2011) $399 — balance remaining in the line items for parking lot services. Contract summary: $13,708.80 — original contract (2006-2007j 9,801.00 — l amendment (2008) 10,300.50 — 2° amendment (2009) $33,81030 — to date contract amount. +20,601.00 — recommended amount fot• this 3rd amendment. (2010-2011) $54,411.30 — total6 year amount not to exceed. Attachments: None Options Considered: 1. AuYhorize the third amendment 2. Do not authorize the third amendment 3,._Do not amendment and provide staff .,______..__..._.. _ ....... .. ......_.._.___ ..._..._........._...._.........__ _.._._ ... . _.. __ _....__ __-- ----._..............__......__._..............._.....�........._.._._ _ _.........._. STAFF RECOMMENDATION Staff recommends amending the term of the contract for an additional 2 years and increasing the compensation by $20,601.00. , �,_„� _ CITY MANAGER APPROVAL: Q �,q I� r�o� 7'a� Committee COMMITTEE RECOMMENDATION: UPTION :�_ DIRECTOR APPROVAL: __��.� 1 vn � }� Committee C.ouncil � , ���� Committee Chaii ommittee Member Committee Member PROPOSED COUNCIL MOTION "I move approval to amend the term of the contract for an additional 2 years, \ increase the compensation by $20, 601. 00 and authorize the Ciry Manger to execute the amendment ". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERREDlNO ACTION ❑ MOVED TO SECOND READING (ordinnnces only) uFVrcFn _ mm�nnn� COUNCIL BIi.L # 1 reading Enactment reading ORDINAIVCE # uFCn� irriniv tt __ _.._ . _ _ COLJNCIL MEETING DATE: Februaiy 16, 2010 __ _ _ _ ._ _ _ _ _ _ .. CITY OF FEDERAL WAY" CITY COUNCIL AGENDA BILL __ _ _. .. _ ITEM #: 5 ...�_• _ SUBJECT: WM. DICKSON RETAINAGE RELEASE POLICY QUESTION Should the Ciry accept the contract with Wm. Dic•kson C'o. as complete and authorize staff to release their retainage? COMMITTEE: PRHSPS Committee CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: SteUhen ❑ Ordinance ❑ Resolution Interim PRCS Director MEETING DATE Feb 9 , 2010 ❑ Public Hearing ❑ Other DEP'I': PRCS History: The City contracted with Wm. Dickson Co. to properly demolish and dispose of the Fisher Pond home and structures in the amount of $22,256.97 including tax. Wm. Dickson Co. has completed all the work within this contract. Prior to the release of retainage on any Public Works project, the �ty Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Expenditure Summary including tax: $20,326.00 — Contract total 1,930.97 — sales tax $22,256.97 - Total project cost $11,128.49 - 50% retainage held from the $22,256.97 Attachments: NA. Options Considered: 1. Accept the contract as complete. 2. Do not accept the contract as complete. 3_Do_not_accept the as com�lete,_and_provide_direction to_staff. STAFF RECOMMENDATION Staff recommends Council accept the contract as complete and authorize staff to release retainage in the amount of $11,128.49 to Wm. Dickson Co. CITYMANAGERAPPROVAL• D�•'� /''��'�'�tl •�_ ��J� DIRECTORAPPROVAL' ��� L l�'�� • to Committee to��o cil • to Comrttittee To Council COMMITTEE RECOMMENDATION Forward to full Council on February 16 for approval; the acceptance of the Wm. Dickson Co. contract as complete and authorize staff to release their $'_','***_�R retainage. _ .� 11,128•�t� —� :��— Committee Cha' ommittee Member Committee Member PROPOSED COUNCIL MOTION "I move to accept the contract as complete and authorize staff' to release retainage in the amount of $11,128.49 to Wm. Dickson Co. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COL'NCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO AC'I'ION Enactment reading ___ ❑ MOVED TO SECOND READING (ordinnnces only) ORDIIYANCE # _ REVISED — 02l06/2006 RESOLUTIOIY # COUNCIL MEETING DATE: February 16, 2010 _ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TH1RD AMENDMENT FOR PORTABLE TOILET SERVICES ITEM # � _ POLICY QUESTION Should the Council authorize a third amendment for a service contract with Headquarters Portable Toilet Systems? COMMITTEE PRHSPSC CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE Feb 9 , 2010 ❑ Public Hearing ❑ Other STAFF REPORT BY: Ste hen Ikerd Parks & Facilities Mana er ____ DEPT: PRCS _ ....................._p....----........_._......_...-'�--�--. g ........ _....._..-------...._....�.._.._...._.........._......................................_...._._._...._............_.._..____ _----._...._._._. --- �--......__......_. ............................................................. Over the past four years, Headquarters has successfully provided portable toilet service to our Park system. By mutual agreement we seek authorization to extend their service contract for an additional2 years at the same rate of $6,500 per year. Amendment summary: $14,800 — total current operations budget for 2 years. 13,000 — total amount for a 2 year extension. (2010 -2011) $1,800 — balance remaining in the line item for rental services. Contract summary: $13,000 — original contract (2006-2007) 6,500 — ls amendment (2008) 6,500 — 2° amendment (2009) $26,000 — to date contract amount. +13,000 — recommended amount for this third amendment. (2010-2011) $39,000 — total b year amount not to exceed. Attachments: None Options Considered: 1. Authorize the third amendment. 2. Do not authorize the third amendment. .......,_......,.. �_.,_.__ .........................._....._..........._...... 3 not the third,._amendment �royide _direction to__staff,,.,_ STAFF RECOMMENDATION Staff recommends amending the term of the contract for an additional 2 years and increasin the com ensation b$13,000. � /J �� CITY MANAGER APPROVAL: ,a,G�.. 1-����k� ��___�� DIRECTOR APPROVAL: �!�✓Z �� Committee dundil Committee Council COMMITTEE RECOMMENDATION: � . _ Commi ee Cha' ommittee Member Committee Member PROPOSED COUNCIL MOTION "I move approval to amend the ternz of the contract for an additional2 years, increase the compensation by $13,000 and authorize the City Manger to execute the amendment" (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 onlyJ ORDINANCE # REVISED — 02/06/2006 RESOLLITION # COUNCIL MEETING DATE: February 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL RELATIONS WITH REPRESENTED EMPLOYEES POLICY QUESTION: SHOULD THE CITY COUNCIL OF FEDERAL WAY AMEND COUNCIL RULES OF PROCEDURE SECTION 9 TO CLARIFY TTS INTERACTION WITH REPRESENTED EMPLOYEES? ITEM #: (� , a,.. COMMITTEE N/A CATEGORY: ❑ Consent � ❑ City Council Business � ►1 Ordinance Resolution MEETING DATE: ❑ Public Hearing ❑ Other STAFF REPORT BY: Patricia Richardson Ci Attorne DEPT• Law ---- ----..._............_.__.._.._......._....._._._......._.._....._..----........_.........._......._..._.....--- - - ' __..._.tY...__...._..-----..._.._Y_ ......................_...........�_..._..._..----.._....._......--------T...'----....._._._...._...._.__..._-�--�-------- Attachments: Proposed Resolution Amending Council Rules of Procedure Section 9 to clarify interaction with represented employees. OptioQS Considered: 1. Approve the proposed resolution. 2. Modify the proposed resolution. 3. Reject the proposed resolution. STAFF RECOMMENDATION N/A CITY MANAGER APPROVAL: �.W�I1fi�'1 APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: `7 move approval of Option " (BELUW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading '❑ TABLED/DEFERRED/NO AC'I'ION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 02/06/2006 RESOLUTION # RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, Amending the Rules of Procedure by Adding a Sub-Section under Section 9— Council Relations with Staff - Regarding Interaction with Represented Employees. WHEREAS, the Federal Way City Council adopted Rules of Procedure January 21, 1992; and WHEREAS, the Federal Way City Council has modified the Rules of Procedure; and WHEREAS, the Federal Way City Council discussed Staff relations in its retreat on January 28, 2010; and WHEREAS, the Federal Way City Council directed the City Attorney to prepare an amendment to the Rules of Procedure regarding interaction with represented employees; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. A New Sub-Section Regarding Interaction with Represented Employees is added to Section 9 as follows: 9.11 Council recognizes the unique status of employees represented bv labor unions, and will refrain from meeting with those employees during negotiations in order to prevent any misunderstandings or the perception of circumventing the formalized, statutor ne �otiation process. Council members may meet with represented emplovees at candidate endorsement interviews or other political forums. However, at all times, Council will not discuss or address negotiation topics with the represented emplo �� Staff will notifv Council b�pril l of the year in which anv collective bar a�g agreement will expire. It is the responsibility of the candidate to promptiv notif� City Attorne�y interview and/or contact by the union representatives. Resolution No.09- Page 1 of 3 Rev 1/10 Section 2. Severabilitv. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and �rmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of 2010. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC Resolution No.09- Page 2 of 3 Rev 1/10 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resodution No. 09- Page 3 of 3 Rev 1/10 COUNCIL MEETING DATE: February 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 6B SUBJECT: ANIMAL CONTROL SERVICES POLICY QUES'r�o1v: Should the City of Federal Way implement an Animal Services Unit within the Police Department, which wild authorize 2 FTE? COMMITTEE: City Council MEETING DATE: CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing X City Council Business ❑ Resolution ❑ Other: Information O nly STAFF REPORT BY: ASSISTANT POLICE CHIEF HWANG / CMDR MCALLESTER DEPT• PD Attachments: 1. Animal Services Staff Report; a. Appendix A— Options Summary b. Appendix B - Timeline 2. Presentation Power Point Options Considered: 1. Federal Way Animal Service Program 2. Maintain Animal Services with Ki STAFF RECOMMENDATION Staff recommends Option 1 n �/��a a �� CITY MANAGER APPROVAL: ,U��✓��t�►'� to Committee to un v DIRECTOR APPROVAL: �� m � t L � _ � ° �io to Com ee To Co il COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: " move approval of Option " (BELOW TO BE COMPLETED BY CITY CLERKS OFF7CE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACT[ON Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/O6/2006 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL STAFF REPORT DATE: February 16, 2010 TO: City Council VIA: Brian J. Wilson, City Manager/Police Chief FROM: Andy J. Hwang, Assistant Chief of Police SUBJECT: Animal Services Background: King County Animal Control Services Update: As a result of intense public scrutiny of the King County Animal Shelter and due to considerable budget shortfalls, the King County Council voted to close the King County Animal Shelter. It was also determined that King County could not continue to provide animal control services with the current cost recovery model. Therefore it was also decided that animal control services would only be offered to cities on a"full cost recovery" model. The County Council originally voted to close the shelter by February 1, 2010 and to transition cities to a"full cost recovery" model for animal control by July 1, 2010. As the County started to meet with impacted cities regarding the transition of services, two issues quickly emerged: 1) If the King County Animal Shelter closed there would be insufficient capacity for the 11,000 animals sheltered each year in the King County Shelter. Non-profits did not have enough space to absorb more than about 6,000 animals. 2) The cities would struggle attempting to absorb animal services in fragments; sheltering, licensing, and field services. There was a large demand from the cities for the County to work towards a comprehensive solution. Carrie Cihak, the new Director of Strategic Initiatives has been selected by the new King County Executive, Dow Constantine, to formulate a plan to meet the needs of the County and Cities. As of January 13, King County is now proposing to develop a regional animal services model that would continue to use King County as the central service provider. It has been proposed that a board of representatives from each region start working with County to establish this model, including a cost recovery plan. The plan should be in place by June 30, 2010 for implementation. A proposed framework for a regional model is attached. It has become apparent that it would be most beneficial for the City Of Federal Way to create its own Animal Services Program. King County's new cost recovery model will result in Federal Way spending between $400,000 to $525,000 per year for base line services, either through licensing revenue allocation or through direct payment if the licensing revenue falls short of necessary animal services expenditures. Current projections indicate that the City could provide animal services for approximately $340,000 to $375,000 per year. Refer to Appendix A for a detailed comparison. Other regional efforts to provide animal services excluding King County will be greatly impacted due to the lack of sheltering capacity in the south King County area. The capital costs to create this sheltering capacity make this a significant financial undertaking that is not necessary to Federal Way due to our proximity to the Humane Society of Tacoma and Pierce County. Therefore it is the recommendation ofthe Police Department that the Animal Service Program proposed in the remainder of this document is approved by the City Council. Proposal: Sheltering: The cost of sheltering animals often represents 50% of the total costs of Animal Services Programs. Animals are sheltered primarily for two reasons; they are found as"strays" or they are "surrendered" by their families. The only way to reduce this substantial expenditure is to avoid the need for sheltering animals. Costs: The Humane Society of Tacoma and Pierce County is offering sheltering services at a rate of $76.00 per animal. This low sheltering fee is due to the Humane Society retaining 2/3 of all licensing and other fees they collect related to animals Federal Way places at their shelter and animals placed by the shelter into Federal Way. Based on statistics provided by King County, there were approximately 1,200 animals sheltered from Federal Way in 2008. This equates to approximately $91,000 in sheltering expenses. The amount of lost revenue is more difficult to calculate. However, assuming each of the 988 stray or surrendered animals from 2008 was placed back into the Federal Way community, it would equate to an additional $20,000 in lost revenue. Concerns: Animal shelters use "save rates" as an important measure oftheir success. Different shelters have a variety of philosophies when it comes to euthanizing animals delivered to their shelters. The numbers of animals that are successfully placed into a loving home is a political consideration for many jurisdictions. The Humane Society of Tacoma and Pierce County successfully places approximately 78% of the cats and dogs that come through the shelter. Alternatives: Identifying methods to reduce the need to shelter an animal will be a key cost reduction component. There are many strategies in place across the Nation for avoiding the need to place an animal in a shelter. It will be important to have an energetic individual fill the role of Animal Management Coordinator to examine the various strategies and pool various community resources in an effort to reduce sheltering. Licensing: The purchase of licenses for pets is the primary source ofrevenue for an Animal Services Progam. The 2008 licensing data below was provided by King County. A total of $164,250 was gen�rated in licensing revenue with only approximately 19% of the estimated Federal Way pet population being (icensed. Es� Est. %o . Est. Est. Es� Est. # % of of Dog Cat Total Pet Lic. °/a County House Dog Cat of Dogs Cats Cit Lic. Lic. Issued Est. Po . Total Po . holds Po . Po . Pets Lic. Lic. Federal Wa 5,656 3,499 9,155 88,040 7.43% 35,216 22,257 25.109 47,366 35% IS% 2 King County recently reported the licensing revenue for 2009 to be $204,000 from 7,976 licenses issued. This represents an approximate 13% decrease in licensed pets after KCAC increased the license fees. Transition of Licensin� If Federal Way selects to start its own Animal Services Program, transitioning the licensing piece of the program will be an important early step to take in assuming these services. King County has indicated it does not intend to reimburse cities for license fees collected in 2009/2010 prior to a transition taking place. Therefore it will be important to negotiate a transition of licensing responsibility as soon as possible in order for Federal Way to retain the revenue generated. Federal Way currently uses Spillman as the police department's primary record management system. Spillman has a licensing and permits module that contains specific reporting capabilities for pet licensing. T'herefore no addition soflware purchases will be necessary. There may be some costs associated to transfer the licensing data that King County currently stores. LicensinQ Campai� Aggressive, community-oriented, and educational licensing campaigns will be necessary to increase compliance with pet licensing. The public must first be educated regarding the benefits of licensing their pets and how it impacts their community. Then efforts must be made to facilitate compliance with easy on-line licensing options and alternate physical locations for licensing. Even a door to door effort could be considered to increase compliance. Field Services: Many Federal Way residents currently have a negative impression of animal services based on experiences with the King County Animal Control Services. Establishing an internal animal services program will provide the City of Federal Way and its Police Department an excellent opportunity to create positive impressions. This will be accomplished with to primary focuses. Community Involvement: The success of the Animal Services Program will be dependent on community involvement through volunteerism, communication and education. Fortunately pet owners are often committed not only the welfare of their own four legged family member, but also to the general pet population. It will be incumbent on the program to develop effective, fun, and rewarding efforts to allow our community members to have an impact. Protection: The focus to protect both the animals and our citizens will be the primary concentration of our field services personnel. Decisions made in the field will be based on what is best for the protection of the animal and for involved citizens. Required PersonneL• Animal Services O acer (ASO� The ASO would have primary field operations responsibilities. The ASO would respond to all animal related calls for service, conduct animal related investigations, and provide proactive animal management services. The ASO would have a limited commission in order to issue necessary citations and file any applicable criminal charges. The salary range-would be $4,294 —$5,432; with top step salary and benefits at approximately $90,000 per year. The 2008 data (below) providecl by KCAC indicates that there were a total of 1026 calls for service. Of these calls, 258 (listed below) would have falten under the focus of protection. Animal Injured Tata1 City Cruelty Vicious Nat Bite Animal additive Federal Way 81 76 45 56 1026 It is recommended that the ASO work a 5/8 schedule, Tuesday - Satuday as the program is implemented and grows. Trained police officers would be used to handle priority animal calls in the ASO's absence. Animal Management Coordinator: The Animal Management Coordinator would be responsible for developing, implementing and managing strategies to decrease sheltering needs and increase licensing revenue. The Coordinator would facilitate the use of volunteers, private sector animal care providers, and non-profit animal groups to accomplish the mission and goals ofthe Animal Services Program. This posi�ion would also work a 5/8 schedule, Monday — Friday. The salary range would be $3,559 -$4,504; with top step salary and benefits at approximately $75,000 per year. I�olunteers: Volunteers both working within the Animal Services Program (Police Department) and from animal groups in our community will be critical to the success of our program. The Police Department currently has a nationally recognized volunteer program and sustaining the quality of this program is a key component to the Animal Services Program. The Police Department is currently taking steps to transfer volunteer coordination duties, after the actual position was eliminated in the 2010 budget process. Three Year Financial Plan: Initial Costs: The initial costs to start a full service Animal Services Program in 2010 will be approximately $300,000. This is based on both one time costs for equipment and anticipated on-going costs, including several months of salary/benefits for 2 FTEs. The total cost could be reduced somewhat based on what agreement is reached to transition the licensing program and the associated revenue. E enditure Descr tion Onc-Time Amount Animal Position would coordinate the licensing No 3,559 - Management program and alternatives to sheltering 4,504 Coordinator (1 program. monthly FTE) Animal Services Must hire an experienced ASO due to Officer Academy in March 2010. Position would No 4,294 — (1 FTE) be responsible for field animal care 5,432 services. monthly Uniform and Uniform and personal equipment for Yes 3,500 Equipment — APO, to include ballistic vest, OC Spray, Officer radio, etc... Vehicle '/4 ton truck from State bid and then an Yes RFB for animal cargo box to hold at least (would require 80,000 6 animals. Cost will vary based on replacement s ecifications. reserves) Shelterin A roximately 6 months of shelterin No 50,000 Work Stations Two work stations and associated Yes 27,440 e ui ment. Data Processin Standard IT su ort costs. No 16,420 Phone Service Standard IT support costs. No 3,580 Licensing Program IT costs for database creation, Yes 25,000 Start-up development and printing of licensing information, development of on-line licensing. 4 Cost Neutral Goal: The goal of the Animal Services Program would be to reach a cost neutral status as quickly as possible. Currently it is estimated that there is approximately a 20% compliance rate in Federal Way for pet licensing. If we are able to increase the compliance rate by 10% per year and lower our sheltering rate by 10% per year the program could become cost neutral by the end of 2011 at the earliest. Refer to the chart below. 2011 2012 2013 License Revenue 355,225 473,660 592,075 (avera e license of $25. 00) (30%) (40%) (SO%) Shelter Expenditures 82,080 72,960 63,840 (Reduce om 1,200 animals Total Program Costs w/ Sheltering 324,330 320,055 315,876 (2% increase er ear) � :.� � �M} � � '°`'�` � '� 3 !� . The rate of achieving cost neutral status will be impacted by the licensing fees established. A strategy of offering lower fees the first year may be used in order to establish pet ownership within the City. An increasing fee schedule would be provided to pet owners so they clearly understood the future licensing expectations. This strategy would delay the achievement of cost neutral status, but may provide for higher licensing compliance in a shorter period. As the Animal Services Program begins to become a revenue source for the City, it will be important to reinvest in the pet owning and animal care community. This could be done by expanding services and/or investing in some of the organizations that allow the City to be successful in its Animal Services Program. APPENDIX A ANIMAL SERVICES OPTIONS SUMMARY � .-�ir�ar�rt`°` `T��'`. �re�7�ices:'` ; � ,' ��;. ��� • 2010 Start-up = Apprx. • 2010 Projected Costs =$483,000 Overall Financial $300,000 • Additional levels of service will increase • On-going Annual costs. Expenditures = $340,000 to $375,000 • Contract with Humane • Continue to use KC Shelter in Kent (10.79 Society of Tacoma and miles) Sheltering Pierce County (12.28 miles) . Kent Shelter must be replaced and is • Humane Society has a good located in flood zone — currently there is reputation in the community no capital financing plan • Humane Society is • No current south county non-profit / associated with the Dugan private sheltering alternative Foundation for increased . Already reducing levels of service — not fundraising effectiveness acce tin "owner surrenders" • Retain 100% of licensing • Relinquish 100% of licensing revenue revenue until full cost recovery reached Licensing • Ability to set fees • Expectation that FW would fund efforts to • Improve licensing access increase licensing compliance for community • Licensing incentive proposal would • Police records management require FW to subsidize other cities if we system already has a pet reached cost-neutral revenue licensin module • Ability to determine levels • Proposed to provide services based on Levels of Service of service regions and the south region is the largest • Improve quality of service • Undetermined levels of services at this • Im rove res onse times time • May cause some backlash • County must overcome different degrees Political Impact for not participating in the of mistrust from cities due to past , regional model experiences such as jail expenses — could • Assume greater degree of delay or prevent collaborative effort political responsibility for controversial decisions related to animal welfare issues APPENDIX B COUNTY TO �Nt! CONTRACT March 1, 2010 , n��us wnnruu. INANMQ�L°MlNT COORDINATOR d. PURCHASIN6 May 1, 2010 ' sBOrN ` TRANSITION OF LIClNSIN6 PRO�iRAM May 1, 2010 CARB OFRiC1ER Jun� 1, 2010 Mllt'1i IC#�1S COUNTY AlIR ASSUME ANfIIAAL $ERVIClS July 1, 2010 Recommend allowing KC to retain licensing fees through May and continue to provide services through June. Civil Service Position —Selection process in March then to Civil Service Commission first week of April to certify the list and then background. Civil Service Position —Selection process in March to Civil Service Commission first week of April to certify the list and then background. 1) Purchase uniform, personal equipment and equipment for truck. � Animal Control Services City of Federal Way February 16, 2010 Background ❖ KCAC contracts with 34 of the 39 cities. ❖ The City entered into an Interlocal Agreement with King County in 1990. ❖ Federal Way's contribution in 2009 was $204, 000. ❖ In 2009, The King County Council voted to eliminate all animal services. ❖ King County is now proposing to develop a regional "full cost recovery" animal service model. 1 King County Regional Animal Service Model ❖ Projected cost to Federal Way for base level services in 2010 = $484,000 ❖ License fee in 2009: $204,000 ❖ King County proposed "full cost recovery model" for Federal Way is $280,000 ❖ Kent Shelter will remain open, but must be replaced in 2- 3 years ❖ The cost will be most likely be shared by the agencies participating in the regional model Federal Way Animal Services Prog ram ❖ Primary Objective: If Federal Way provides animal services the goal would be to achieve a cost neutral program as quickly as possible. 2 Federal Way Animal Services Program SHELTERING ❖ Forecasted to be $90,000 to $150,000 per year ❖ Reduced sheltering options will be critical achieving cost neutral program. ❖ Animal Management Coordinator (1 FTE) will be responsible for sheltering alternatives. Federal Way Animal Services Program LICENSING ❖ 19-20% of the pets in Federal Way are licensed. ❖ 2009 Licensing Revenue = $204,000 ❖ Efforts to increase licensing compliance will be key component to reaching cost neutral program. ❖ Animal Management Coordinator.(1 FTE) will be responsible for aggressive licensing campaign. 3 Option #1 Federal Way Animal Control Services Program ❖ Startup/Capital Costs in 2010: $300,000 ❖ Projected on-going annual cost: $338,000 ❖ Pros: • Ensure service levels • Retain licensing revenue • Ability to directly control some costs • Ability to attempt to achieve a cost neutral program • Opportunity to further enhance positive reputation in our own community Option #1 (cont'd) ❖ Cons: • Initial start-up expenses during cost-cutting budget environment • Dependent on Humane Society Tacoma & Pierce County • Become more responsible for controversial decisions related to animal welfare issues 4 Option #2 Maintain the Animal Services with KCAC Annual cost of $484,000 ❖ Pros: • Participate with south king county cities • Avoid initial costs of Animal Service Program and additional operational responsibility for tFie Police Department •'• Cons ♦• King County retains all of the licensing revenue • King County shelter must be replaced in next few years • Little control of actual costs and anticipated increases to costs • Little control of service levels Recommendation Pursue Option #1 Council approval to start Federal Way Animal Services Unit within the Police Department 5 COUNCIL MEETING DATE: February 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 6C SUBJECT A1v�MA�, CONTRO�. SERVICES POLICY QUES'r�01v: Should the City of Federal notify King County of its intent to terminate the interlocal agreement, which includes terminalian offorwarding the pet license fees to King Counry? COMMITTEE: City Council CATEGORY. ❑ Consent X City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: ❑ Public Hearing ❑ Other: Information Only STAFF REPORT BY: ASSISTANT POLICE CHIEF HWANG / CMDR MCALLESTER Attachments: 1. See Animal Services Staff Report and Appendix B— Timeline (Item #6B) DEPT: PD Options Considered: 1. If Council approve implementing Animal Service Unit, notify King County of intent to terminate the interlocal agreement for Animal Services. 2. Renegotiate interlocal agreement for Animal Service with King County which would include "full cost recovery» _for Kin� County ............._.._....._...................................................................................................................... STAFF RECOMMENDATION Staff recommends Option 1 CITY MANAGER APPROVAL: COMMITTEE RECOMMENDATION: L=��� To Council Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: " move approval of Option (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/O6/2006 RESOLUTION # to to DIRECTOR APPROVAL: � to Comm�ttee COUNCIL MEETING DATE: February 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 6D SUBJECT A1v�1�tAL CoNTROL SERVICES PoL�CY QuESTION: Should the City of Federal Way negotiate an agreement with the Humane Society, Tacoma and Pierce County for sheltering of animals? COMMITTEE: City Council MEETING DATE: CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing X City Council Business ❑ Resolution ❑ Ot her: Information Only STAFF REPORT BY: ASSISTANT POLICE CHIEF HWANG / CMDR MCALLESTER DEPT• PD Attachments: 1. See Animal Services Staff Report (Item #6B) Options Considered: l. If Council approves implementing an Animal Service Unit, negotiate an agreement with Humane Society, Tacoma and Pierce County to provide animal sheltering. 2. Negotiate an agreement with King County Animal Shelter to provide animal sheltering STAFF RECOMMEPTDATION: Staff recommends Option 1 CITY MANAGER APPROVAL: to Committee COMMITTEE RECOMMENDATION: DIRECTOR APPROVAL: � �i.� to Comd�ittee - � — � s/'o To Cauncd Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: " move approval of Option " (BELOW TO BE COMPLETED B KCITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL B[LL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACI'ION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED – 02/O6/2006 RESOLUTION i� COUNCIL MEETING DATE: Feb 16, 2010 ITEM #:� _ _ . . _ _ _ _ __ _ _ __ _ _ CITY OF FEDERAL WAY CITY COUNCIL � AGENDA BILL SUBJECT: FEE (NCREASE FOR PICN[C AND SPECIAL EVENT RESERVAT[ONS POLICY QUESTION Should the Council authorize a fee increase for picnic and special event reservations. COMMITTEE: PRPSC CATEGORY: ��_ '� City Council Business ❑ Ordinance ❑ Resolution MEET[NG DATE Feb 9 , 2010 ❑ Public Hearing ❑ Other STAFF REPORT BY: Ste hen Ikerd Parks & Faci(ities Mana er DEPT: PRCS _.._ __.._. . _ __._.. ... __ P ....._� _ - _..._.__...._ __. __ _.---..__�.___ _.... _ _ .._ __.. _.......-----------._...-----..__....._._.__ Attachments: Memo, Proposed rate change documents, Steel Lake Park map highlighting picnic sites, Options Considered: 1 Authorize the proposed 2010 fee increase. 2. Do not authorize the proposed 2010 fee increase. , 3. Do not authorize the proposed 2010 fee increase and provide direction to staff. STAFF RECOMMENnaTION Staff recommends increasing reservation fees for picnic and special event to the proposed 2010 level and include f ture increases to be adjusted through the Cities annual inflationary fee increase process. � ����"�"'¢'`� , R°� CITY MANAGER APPROVAL: (�1,�� J'��7'.�iJ ,�tW''�� D[RECTOR APPROVAL' �� L� Committee Qsu 0��� • Cortuniuee Council COMM[TTEE RECOMMENDATION: Committee Chair � � ���'"�_, C nmittee Member Committee Member PROPOSED COUNCIL MOT[ON: " 1 move approval to increase reservation fees for picnic and special event to the proposecl 2010 level and include future increases to be adjusted through the Cities annual inflationary fee procedure. A resident and non-resident fee will be established. Rate increases ure in effect during the high use Season; May through October. " .�..�. - (BELOW TO BE COMPLETED 8 Y ClTY CLERKS OFFICE) COUNC[L ACTION: ❑ APPROVED COUNC[L BILL # ❑ DENIED l reading ❑ TABLED/DEFERRED/NO ACTION Eaactment reading ❑ MOVED TO SECOND READ[NG (ordinances only) ORDINANCE 1� REV ISED — O2!06/2006 RESOLUT[ON # � CITY OF 'r..... Federal tNay Parks and Facilities Division Date: February 9, 2010 To: City Council From: Stephen Ikerd, Parks & Facilities Manager � Via: Cary Roe, P.E., Parks & Public Works Director/Emergency Manager � Subject: 2010 Picnic & Special Event Fee increase History: T'he PRCS Dept has not increased picnic or special event reservation fees for 5 years. This proposed 2010 fee increase will bring us closer to the average of neighboring cities, based upon their 2009 rates. The collected fees are accounted for in a Recreation account. Park Operations manages the picnic and special event applications and supports each event. There were 169 picnic reservations and 16 Special Events in 2009, which collected $11,800. Picnic reservations at Steel Lake Park have been available in a general4 hour block with the ability to purchase additional hours. The maj ority of reservations typically book for an afternoon start time. Staff has been experiencing problems preparing sites in the afternoon, due to non paying users occupying the site prior to the reservation and not wanting to leave or expecting staff to cleanup their mess. Additional impacts effecting the implementation of the reservation program are due to more park users, vehicles and fewer Park resources. Increased popularity of Steel Lake Park has created the need to close the entry gate on weekends; due to the parking lot at full capacity. (Typically by 1:00 PM) This has created a significant logistical concern because the afternoon reservation groups have no parking available when they arrive. To help mitigate this last season; we created an overflow parking area on the grass, along the west property line and issue special parking passes to those with reservations. We hope to alleviate some of the current problems by adjusting the starting time of the initial reservation block; to earlier in the day when the Park hasn't reached capacity and staff are not under as much pressure. A group may continue to purchase additional hours if they want the site later into the evening. Following is a summary of fee comparisons and proposed changes: 2009 Fee comparison summary: (Covered Shelter site up to 100 people on a weekend, for 4 hours) FW -$90, KC/Five Mile -$115-125, Kent -$100/All Day $175, Renton -$150 Resident/$275 Non- Resident (all day). (Renton and Auburn also charge $1.40 per person for groups over 100) 2010 proposed FW increase for comparison above: (Comparison Cities study performed Sept 09) FW-$120 Proposed changes: 1. Change the picnic reservations from a general4 hour block of time to a 6 hour defined block; 10:00 AM — 4:00 PM and inform groups that parking can be a problem on the weekends after 12:00 PM. Special parking passes will still be available to reserved groups upon request. 2. Increase all reservation fees to the proposed adjusted 20101evels shown on the attached sheets. 3. Approval to increase rates annually based upon the Cities inflationary fee procedure. PARKS, RECREATION AND CULTURAL SERVICES 2010 PICNIC RESERVATION RATES PROPOSED FEE CHANGES IN RED FOR RESERVATIONS .... CALL 253-835-6964 RESERVATIONS ARE 10 A.M. - 4 P.M./ADDITIONAL HOURS CHARGED AFTER 4 P.M. LOCATION SITE TABLES CAP. BBQ WEEKDAY RATES ADD. WEEKEND/HOLIDAY RATES ADD. Monday-Friday HRS. Saturday 8� Sunday HRS. STEEL LAKE PARK #1 12 120 2 $90 S60 (Groups 1- 80) $22 $15 $100 $70 (Groups 1- 80) S25 $15 COVERED AREA $110 $90 (Groups 81-120) �27 $25 $120 590 (Groups 81-120) S30 $25 STEEL LAKE PARK #2 8 80 2 $80 S60 $20 a15 $90 $60 �22 �15 STEEL LAKE PARK #3 8 80 2 $80 $60 $20 $15 $90 $60 $22 $15 STEEL LAKE PARK #4 8 80 1 $80 $60 $20 �15 $90 $60 $22 $15 STEEL LAKE PARK #5 12 120 1 $80 $60 (Groups 1-80) $20 $75 $100 $60 (Groups 1-80) $25 $15 $100 $60 (Groups 81-120) $25 $120 $60 (Groups 81-120) $30 LARGE GROUP GROUPS OVER 120 REQUIRE A SPECIAL EVENT PERMIT. AREA FEE DETERMINED AT TIME OF APPLICATION. ELECTRICITY at Site #1 only. WATER available at Beachhouse/Bathrooms only. **** FOR FACILITY RENTALS, PLEASE CONTACT **"* THE DUMAS BAY CENTRE AT 253/835-2000 FOR FACILITY RENTAL, BANQUETS AND/OR CATERING FACILITY AND POOL RENTALS ARE AVAILABLE AT THE FEDERAL WAY COMMUNITY CENTER AT 253/835-6900 I:Reports:Pks:Proposed 2010 Picnic Fee SUGGESTED FEE SCHEDULE CHANGES Special Event Permit: Group Size: Proposed 50 or less $100 51-150 $150 151-250 $200 250-500 $350 500+ $500 Current $50 $100 $150 Additional Hourly Charge: $25 $35 $45 $85 $105 Auburn/Renton Comnarative Fees $100 $195 $335 $685 $895 Fees quoted above are for 4 hour increment — Damage Deposit 1-250 people $100 251-500 $200 Refundable if no 501-800 $300 damage on-site 800-1000 $400 Additional charges on ALL permits/reservations: * City-supplied additional tables $10 each (current) * Additional trash cans $5 each (current) * Electricity (if on-site)..... $20 for 4 hours or $50 for day (10 hr max) (current) I: Reports:Parks:Suggested Fee Schedule � � Dock Si � � ��� �� 7 ,,3�Y,g �.. z � ` � . ��.s� .�r ` � I � � ite 3 � 3 � 00 } Stee I La ke � Park � - , r ► , /■i �.+ � ; D .,� T � � � � � 7 E °>>, . ` � w;�. �� � r � 1 ' r �A, r{ � 2410 S 312th St Key: � Covered Picnic Site � Picnic Site � Swimming Area � Boat Launch ` � Concessions � Fishing �' Parking � Play Area � � Restrooms Operated by: City of Federal Way Department of Parks, Recreation and Cultural Services Genera/ Information: (253) 835-6901 Picnic Reservations: (253) 835-6964 www. citvoffederalwav. com , , �sasKet- � .:�z=�� � � �� � � � ; ,�;��� b�all � ' �' �� Site 5 b �� y f � Volley- ;; � � {� � ball � �� ,,� �� �� ��.y.ry.� F � � ------- - _ 1 � �� `� r S� �3.�:�I ST. ,�w� _ ;. � - - — ____._� .= ; _ � __ _� �':�� �� �� Skate �� �' �.�� � Park � � � �� �I � � _: � .,, � ". "1 � � � � � . _. , ~� �' � t4 , _ ..� i ry ,1 � � �. � ,� �� �� � J \ . - .�. � , ,.�� . . ' � � � � 1 � +T— ;.,.� � � .. � � ��� M1' ' "� ,,_.. � ' � . . i� t : j �, �� � R' � � ' a . J. J � � Softball � Field } � 47°79'8.66619"N � .., •: q; ' ; � _ '3 �'� ' SOC � .=4�:Fiel F� i R:IerikelParkslsYeellake defail.mxd r�v , .. � �;:.a..,. I" � I� .,., i � � e ( Is —..T_ � . I � ..� .1 ; � t ,r_ n ity �� � 4 <,y„�: m � . � � � : 1 �, � � �.� �� 0 125 250 Feet � ,� � Softball.: o � Minute Walking Time Fiel a � p.! j � 3 arr oF - � k � � Federal Way � This map was produced by the City of Federal Ways � GIS Division and is accompanied by no warranties. 41°19'8.66619"N COUI�ICIL 1�1EET[NG D:�TE: Eebruar�� 16, 2010 _ _ _. _ _ __ _ _ __ ___.. CITY OF FEDERAL WAY CITY COUNCIL [TE1�I #: '� . � _ , AGENDA BILL SUB.tECT: Amendments to Federal W'ay Revised Code (FWRC) Titte 19, "Zoning and Development Code," related to Health Clubs in the Neighborhood Business (BN) Zone. PoLICY QUEST[ON: Shoutd die City approve amendments to FWRC Title i9 to remove square foot limitations for health clubs in the BN zone located in the ��icinity of 21'` Avenue S�'�' and SW Campus Drive? CoNIl�tITTEE: Land UseiTransportation Committee (LITTC) CATEGORY: ❑ Consent ❑ City Council Business ►� � Ordinance Resolution ST�►FF REPORT BY: David Lee, Associate Planner h�IEETING DATE: February 1, 2010 ❑ Public Hearing ❑ Other DEPT Community Development Services Attachments: i) Planning Commission staff report for the January 6, 2010, with Eachibits A-E; 2) Minutes of the January 6, 2010, Planning Commission public hearing, arid; 3) Draft adoption ordinance. Background: The proposed amendments are a part of the 2010 Plannuig Commission Work Program. Federal Wa}� Revised Code (FWRC) 19.21 �.020 atlows tiealth clubs in a Neighborhood Business (BN) zoning district; however, the maximum gross floor area may not exceed 2�,000 square feet. The city is e�:ploring w to improve occupancy of large vacant buildings and tenant spaces in the BN zone, many of which were buiit prior to the 1990 incorporation of Federal Way. Options Considered: 1) Adopt the Planning Commission s recommendation as contained in the Draft Adoption Ordinance; 2) Adopt the Planning Cornmission s recommendation as modified b_y the LUTC: or 3) Do not adopt the proposed amendments. ST.�►F'F RECONtMENDATION: Staff recon►niends the Council adopt Option # l, adopt the Planning Commission's recommendation as contained ui the Draft Adoption Ordinance. /'�(i (.r�"'� � ,` IV �'i �1� CITY MANAGER APPROV�►i,: �.I�./(c.v� �' l� /_ D[RECTOR APPROV.aL: Com tt e Council Committee Councit COl�i!�iITTEE RECObINIENDATIOtr" Forward Option # L; adopt the Planning Cocrunission's recommendation as contained in the Draft Adoption Ordinance to the full Council on Fe 16, 2010, for first reading. _ . � � ` Dini Duclos, Chair ell, Member ack ovey, Member PROPOSED COUNCIL MOTION(S): 1 READING oF ORDINANCE (02/16/10): I move to fonti•ard the ordifzunce to a second reading for enactment on the March 2, 2010, consent agenda. 2 READING OF ORDINANCE (03/02/10): "l move approva! of the LL'TC's recommendation to approve the code umendment�, ivhich are contained in the ,-�doption Ordinance. " {BELO fV TO BE CO.LIPLF.TED BY CITY CLERKS OFFICE) __ COtiNCIL ACTIOY: . ` ❑ APPROVED COUNCIL BILL # ' 2�-{ ❑ DENIED 1 ❑ TABLED/DEFERRED/�f0 ACTION Enactment reading ❑ i1�OVED TO SECOND RE:�ING (oru'inai:ces only) ORDINANCE ti REVISED - 02/06.!2006 RESOLUPION # ATTACHMENT 1 '`vj`Sr+$ hn'i- q ��`�� �3� '�4-�;'°tio~°�:.:.' �ctetf�" � � STAFF REPORT TO THE PLANNING COMMISSION AMENDMENT TO FEDERAL WAY REVISED CODE TO EXPAND THE SIZE OF HEALTH CLUBS IN THE NEIGHBORHOOD BUSINESS ZONE File No: 09-104719-00-SE / 09-104724-OQ-UP Public I�3earing of Jannary 6, 2010 I. REASON FOR AMENDMENTS • The proposed amendments are a part of the 2009 Planning Commission work program. Federal Way Revised Cade (FWRC) 19.215.020 aliows health clubs in a Neighbarhood Business (BIV} zoning district however, the maximum gross floor area. ma.y not exceed 25,000 square feet. The city is e�loring wa.ys to in�rove occupancy of larger vacant buildings and the tenant spaces in the BN zone, many of which were built prior to the 1990 incorporation of Federal Way. The Planning Commission is being asked to review the four praposed. c�tions for changes to the zoning code attached as Exlu�bits A D, and forward a recommendation to the Ciry Council. Staff is r�ommending tha.t Option 2, as set forth in Exhibit B, be recommended for approval to the City Council. II . BACKGROUND Federal Way Revised Code (FWRC) 19.215.020 allows health clubs in a Neighborhood Business (BN} zoning district; however, the maximum gross floor area. may not exceed. 25,000 square feet. This zone also restricts the gross floor azea. of restaurants to 7,000 square feet; fast food restaurants to 5,400 square feet; private ctubs or lodges to 10,000 square fee� retail establishment providing entertainment, recreational, or cultural services or activitie.s to 25,000 square feeh, arid other retail to 40,000 square feet. Self-service storage facilities are also restricted. to 40,000 gross square feet per building. Health clubs were not permitted in the BN zone until November 2001, when the City issued a zoning code interpretalion pursuant to Federal YI'ay City Code (FWCC} Chapter 22, Arkicle IV.A, permitting health clubs provided that the gross floor azea of the business did not exceed 7,500 square feet. This size threshold would allow smaller fitness centers, Iike a"Curves facility," which can locate in as little as a 1,000 square foot azea, but would exclude larger facilities like Bally's Fitness Center and 24 Hour Fitness. The intent of the 7,500 square feet size limitation was to ensure that health clubs developed within a BN-zoned area, would maintain a neighborhood scale and not ariract traffic from a broader area.. Larger faciliries are currently permitted in the City Center Core (CGC), City Center Frame (CC-F), Community Business {BC� zones, and Com�ercia.l Enterprise (CE) zones, which have no size restrictions. In 2002, the Ciry adopted regulations permitting health clubs up to 25,000 gross floor azea in the BN zone. There has been a recent permit applicaxion to permit a health club in the old Albertson's building at 33620 21�' Avenue SW. This buiiding is 43,Ob1 square feet in size. The Federal Way Comprehensive Pian (FWCP) provides guidance in regards to the expansion of the role of BN zones: "...Neighborhood Business areas are intended to provide convenient goods (e.g., �oceries and hardwaze) and services (e.g., dry cleaners, deaitist, bank) at a pedestrian and neighborhood scale close to adjacent resid�tial uses. Developments combining residential and comm�cial uses provide a convenient living �vironm�t within these nodes_ In the future, att�tion should be given to design features that �hance the appearance or function of these areas.. _. ...The need to address expansion or intens�cation may oc�ur in the fikure depending on popnlati� growth. Future neighborh�d business locations shoald be carefully chos�t and sized to meet the needs of adjacent residential azeas." The role of personal health has been an increasingly integral part of modern living and: has transformed itself into a staple of convenient services such as a dry cleaner or bank. According to a report done by The Mercanti Group, a financial advisory group, the health club industry has grown 8 percent aamually from 1993 to 2005, which is in step with the demand for membership in health club fac�ities (4i3 mullion Americans or 13.9 percent of the U.5. population have health club memberships). Even in financially difficult times, a 2009 IBIS World Inc. report, an industry and market research company, estima.ted that the indusiry would grow anywhere &om 5 to 10 percent in the coming years; however, the immediate next few years will see a 2 percent growth The need to address intensification of the BN zone, in regards to health clubs, has been demonstrated through not only economic dema.nd, but also by public demand. III PROPOSED CODE AMENDMENTS The proposal is to amend the Federal Way Revised Code (FWRC), Chapter 19.215 related to the size of health clubs in the Neighborhood Business (BN) zone by ad�ting one of the following possible alterna.tives: 1. Remove the square foot limitations for health clubs in all BN zoues. 2. Re�ve square foot limitations for health clubs only for those parcels in the BN zone located in the viciniry of 21'` Avenue SW and SW Campus Drive. 3. Increase the square foot limitations for health clubs in all BN zones to 45,000 square feet, or; 4. Allow health clubs of more than 25,000 square feet within all BN zones with a Process � N Hearing Examiner Decision and decisional criteria to assess potenrial impacts to adjacent residential zones. The praposed alterna.tives are attached as Exhibits A-D of this staff report. IV. ANALYSIS Based on the analysis below, staff recommends tha.t Option 2 as set forth in Exhbit B, be recommended for approval to the City Council. . There are currently 14 areas designated BN in the City of Federal Way. The following Table I is a list of the 14 BN zoned areas in Federal Way by iocation and acreage. The areas are shown by number on E�bit E (attached). Staft'Repor! to the Planning Commission PaSe 2 Size of Heaith Clubs in BN Zone File No: 09-l04719-00-SE / os-ia�aa-oo.cm Tabie I Area Location Acreage 1 21�` Ave SW and SW Campus Dr/SW 336�` St 45.57 2 S 288"' St and Military Rd S 19.47 3 21'` Ave SW and SW 356`�' St Z�• 12 4 SW Dash Point Rd and SW 312`� St/21�` Way SW 8.2$ 5 SW 340�` St and Hoyt Rd SW 6.94 6 SW 312"` St and 1�` Ave S 4.48 7 SW 312'� St and 8�` Ave S 3.12 8 1'` Ave S and SW 330"` St 2•22 9 SW 320'� St at SW 323`� St 2.15 10 1�` Ave S and S 348�` StlSW Campus Dr 1.72 11 SW 320�` St and 47'� Ave SW 1•44 12 1�` Way S and S 338'� St 0.98 13 S 320 StlPeasley Canyon Rd and Military Rd 0.88 14 S Dash Pomt Rd west of Redondo Way S 0.23 Total 114.60 The 14 areas designated. BN occupy approximately 11 S acres. The size of these neighborhood business centers ranges from approximately 46 acres (Area 1) to approxima.tely one-quarter acre (Area 14). Not only is Area 1 larger in ter� of acreage (45.57 ac�es), it also houses larger pre- elcisring retail develop�ents such as retaiiers Fred Meyer (191,077 square feet), Albertson's (43,O1b square feet), Safeway (36,553 square feet), and Rite=Aid (22,206 square feet). The Albertson's supermarket, at 43,016 squaxe feet, has remained va.cant since December 31, �.006. Due to its size, architecture of the building, and current zoning regulations, compahble and conforming uses are difficuit to house. Option 2' (E�chibit B) would allow for greater flexbility in the use of these existing large buildings. The 2i'` Avenue SW and SW Ca�us Drive/SW 336`� Street axea. is unique rela.tive to the other BN zoned areas not only because of its size and nu�er of targe existing buildings, but it is also serviced by two major arterial streets (21�` Avenue SW & SW Campus Drive/SW 336'� Street). Additionally, health clubs generate less vehicular trips per day on a whole compared to retail uses such as grocery stores, which aze allowed. within the BN zoning district with a maxiunim size of 40,000 sq. ft.. Far exau�le, a 45,000 square-foot grocery store would generate 496 PM peak hour trips, with an average da.ily h rate of 4,404. In cor�arison, a health club of the same square footage generates 182 PM peak hour trips and 1,482 average da.ily trips. However, a health club's � Removal of square footage limitafions for health club uses within the BN wned parcels in the vicinity of 21 Avenue SW & S W Campus Drive. StaR'Report to the Planning Commis�on Page 3 SiDe of Health Ctul� in BN Zone File No: 09-104719-OO�E J o9.ioa�aa-oo-� peak volumes are slightly higher than retail uses_ The peak hours of traffic generation for hea,lth clubs occur between 6:00 p.m and 7:00 p.m As of December 3 l, 2009, Metropolitan Market, a 36,069 sq. ft. grocery store, in Area 4, plans to close; and as a result, there will be an additionai iarger scale vacant building in the BN zone. Future study of the BN zone may be wa.rra.nted to determine if further changes to existing regulations should be considered Any future study will not be limited to size of health clubs. Table II (below) siunma the oprions presented in this-staffreport and weighs the pros a.nd cons of ea.ch oprion: Table II tions Pros Cons Option 1: Remove the Health clubs of any size would This option may not be square foot limitations have greater flexibiliry of locating appropriate for all 14 BN-zoned for health clubs in ail within any BN zone_ areas give� the wide variexy in BN zones. sizes of the nodes. A he,alth club with no size limitations may be . disproportionate in size and scate . to surromidiug bnsinesses in a smallea BN node. Staff will recomm�d d�at the BN zoning regulations be stadied for potential changes as part of the 2010 Planning Commission Work Pro Option 2: Remove 'fhis BN-zoned azea is t�e largest It may be appropriate to study square foot limitations at 45.57 acxes, dian the otha BN any changes to the BN Zoning for health clubs only for zoned areas and it aLso contains regulations concmraitty. those pazcels in the BN larger pre-existing retail zone located in the developm�ts snch as Fred Me�r vicinity of 21�` Avenue (191,077 sqnare feet), SW and SW Campns Albertson's (43,016 square feet), Drive_ Safeway (36,553 square feet), and Rite-Aid (22,206 squaze f�t). ' Dne to its size and existing character, it appears w exce.ed Neighborhood Business Goal LUG 7 Provide neighborhood and communiry scale retail centers for the City's nei hborhoods. OpNoa 3: Increase the square Larg� health clubs (np W 45,000 Putting an upper limit onhealth foot limitations in ali BN zones to square feet) would have greata clubs in the BN zone may limit 45,000 square feet. flexibility of locating within any the location of health clubs in the BN zone. BN zone as�e,ir mark�ing strategy evolves in the future. Additionally, incxeasing the maximum square foot iimitations to 45,000 square feet maynot be a o riate for smaller BN nodes. Stat�Report to the Planning Comrnission Page 4 Size of Health Clubs in BN Zone File No: 09-104719-00-SE / o9-ioa�zt-aat8 O tions Pros Cons Option 4: Allow health Having a two-tiered approach A two-tiered approach may not ciub uses of more than should ensnre that any potential be appropriate for a larger BN 25,000 squaze feet impa.cts associated with larger node which a{ready has existing within all BN zones with heatth clubs be evaluated through uses with highe,r traffic volumes a Process I V Hearing a public process. than a health club of similar sizes. Examiner Decision and Additionally, requiring a high� decisional crit�ia to land use process (Process IV vs. assess potential impacts the existing Process II to adjac�t resid�tial require�nent) may impede �n�, occupancy of tazger vacant t�ant spaces because of time for rocess review_ Based on.the analysis above, sta.ff recommends Option 2 is recommended for approval to the Ciry Council as it serves the grea.test good with the least a.�ount of impacts. V. PROCEDURAI. SiJ1�IMARY 12/5/09 Issuance of De#ermination of Nonsignificance pursuant to the State Enviromnental Policy Act (SEPA) 12/21/09 End of SEPA Comment Period 1/4/10 Encl of SEPA Appeal Period 1/6/10 Public Hea.ring before the Planning Commission VI. PvB�c Co�rrrs Comments were received from Scott Rhodes, Michaei Chen, and Brett Thomas. The e-mails are attached to this sta.ff report as Exh�it F. VII. REASON FOR PLANMNG COM11'QSSION ACTION FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Co�mvssion is as follows: L To review and evaluate the zoning code text regarding any praposed amendments. 2. To determine whether the proposed zoning code text amendments meets the criteria provided by FWRC 19.80.130. 3. To forward a recommenda.tion to the City Council regarding adoption of the proposed zoning code teact amendments. Stat�Report to We Placu�ing Commission Page 5 Size of Health Clubs in BN Zone File No: 09-104719-00-SE / o9-ioa�z,�-ao-ae VIII. DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments (Option 2) 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 oprions for the FWRC text amendment are consistent with the following Federal Way Comprehensive Plan (FWCP) policies: LUGl LUPl Improve the appearance and function of the built environment. Use residential design performance standards to maintain neighborhood character and ensure compahbility with surrounding uses. LUP44 Encourage neighborhood retail and personal services to locate at apprc�riate locarions where local economic demand and design solutions demonstrate compahbility with the neighbarhood. LUP6 Conduct regular reviews of development regulations to determine how to i�rove upon the permit review process. EDP10 The Ciry will work with the private sector to actively encourage the retention and expansion of exisring businesses, as we11 as bring in new development, busmesses, and jobs to the community. EDP18 The City will periodically monitor local and regional trends to be able to adjust pla.ns, policies, and programs. 2. 3. EDP19 The Ciry wili acrively work with representative groups of business and property owners, including the Federai Way Chamber aud other local business associations, to enhance citywide and subarea i�rovements and planning. The proposed amendment bears a substantial relationship to public healtii, safety, or wetfare. The praposed FWRC text amendment bears substantial relakionship to the public heaith, safety, and welfare because it affords the ability for the re-use of larger vacant buildings which may othervvise attract graffiti, vandalism, and various other public nuisances which would be detrimental to the welfare and safery of neighborhoods within the genera.i vicinitq. 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 aid in economic development by providing the opportunity for the reuse of larger existing vacant buildings and allow for more recreational activities. It would also aid in economic developn�ent by attracting businesses and reduce the use of public fimds for policing vacant buildings. Staff Report to the Planning Commission p ( Siae of Health Clubs in BN Zone File No: 09-104719-00-SE / o�-ioarm.00.t� IX. STAFF RECOMNIENDATION Based on the above staff analysis and decisional criteria, staff recommends that Oprion 2 as set forth in Exhbit B, be recommended for approval to the Ciry CounciL X. PLANNING COMiYIISSION ACTION Consistent with the provisions of FWRC 19_80.2�q the Planning Commission ma.y take the following actions regarding the proposed zoning code text amendments: 1. 2. 3. 4. EI�ITS Exhibit A F�eleibit B Fxhibit C Recommend Option 2(Exhibit B) to the City Council, adoption of the FWRC text amendments as recommended. by sta.ff; Modify the staff recommended FWRC text amendments and recommend to the Ciry Council adaption of the FWRC text amendments as modified; Recommend to the Ciry Council that the proposed FWRC text amendments not be adopted; or Forward the proposed FWRC text amend�ne�►its to the Ciry Council without a recommendatioa Proposed Code Amendments FWRC 19.215.020 (Option 1): Rect�ove the square foot limitations in all BN �ones Proposed Code Amendments FWRC 19.215A20 (Option 2): Re�ove square foot limitations oniy for those parcels in the BN zone located in the vicinity of 21�` Avenue SW and SW Campus Drive Proposed Code Amendment FWRC 19.215.020 (Option 3): Tncxease the square foot limitations in all BN zones to 45,000 square feet F.xhibit D Pmposed Code Acnendment FWRC t9.215A20 (Option �): Allow health ciub uses of rr�re than Z5,000 square feet within all BN Dones with a Process N Hearing Exarniner Decision and decisionat criteria to assess potentisl impacts to adjacent residentiai wnes Exhibit E Ezhibit F Map of Neig�tborhood Business Zoned Areas Copy of Emails Received from Scott Rhodes, Michael Cheq and Brett Thomas K:�2009 Code AmendmentsVSize ofHealth Clubs in BN Zone�Planning CommissonlRevised StaffReportdoc StaffReport to the Planning Cotrnnission Page 7 Size of Health Clubs in BN Zone File No: 09-104719-0O�E I ov-�oa�za�o-ur OPTION 1 EXHIBIT A 19.215.020 Entertainment. � The followin uses shall be ermitted in the nei borhood business B zone su 'ect to the re lations and notes set forth in this section: . USE ZONE CHART � DIILECTIONS: FIRST read down to find use ... THEN, across for REC�ULATIONS d Minimnm � Re uired Yarde � � ZONE e � � �� � � � � ,� '� y $N vsE o� � .� w r� � 'xs' u, `o� e� SPECIAL REGULATION5 AND NOTES Primte lodge Procoae None 0 ft. 10 R 10 tt 33 R above 1 for eseh 1. Omas floor area of this ase may not exceed: 9,Sb0 aq. R. for restaurants; 5,000 aq. ft. for fhst food reatnurants; or club II 3ee notee 3 and 9 anerage 100 eq. R of 10,000 sq. ft for private club or lodge; 25,000 sq. tt. for �e�4lr�nbe�r retait estabiishment providing entertainment, 3ee builditig gross floor reoroational, or oultural eerotoea oz acdvidea. Art gallery note 7 elevation area for 2. For retnil eatablishment providing entertainment, reereallonsl, or cultural aervices or activities, the uaes must ba teatautants; contedned withii► a building. No outdoor uses are permitted. Restaurant or See note 3 3. If any pottion of a shuchtre on the subject property ia within 100 ft. of a residential zone, then that portion of the tavern i for each 80 structnre shall not exoeed 30 R above avemge building elevation and the structum shail be set baok a minimum of sq. ft. for fast 20 ft from the property line of the nsidenfial zone. Fast food fond 4. The hours of operation o£these uses may be limited to reduce impacts on neatby residenGnl nreas. reRtaure�nts restaurant; 5. Access to and from drive-through facilities must be approved by the public worka department Drive•throu�h fneilities must be dosigt►ed so that vehicles will not blook tret3ic in the street while wniting in line and witl not Health club Otherwiae unnasonably interfere wifh on•site ttnffic flow. determined 6. Faet food restaurants must provide one outdoor waste raoeptaole for every eight parking spacea. Retaii . on a case-by 7. No mnximum lbt coverage is establiahed. Instead, the buildnble sren will be detennined by other site development establiahmant case basis raquirementa, i.e., required bnffers,parkii� lotlandacaping, surfnce water fkailiHea, eto. providing 8. For community design guidelinas that apply to the project, aee Chapter 19.115 FWRC. entertainment, 9. Forlandacaping roquirements that apply to the project, see Chapter 19.125 FWItC. reoreaHonai, or 10. For sign requiremoats thnt apply to the project, see Chxpter 19.140 FWRC. cultural 11. Refer to Chapter 19.265 FWRC to determine what other proviaions of this ahnpter may apply lo tho aubjact servicea or property. activities 12. Oambling naes are not pernritted as prindpal or accessory usea in thia 2one as of February 7, 2006. Any such pre-exisHng use ahatl not resume activ�ity if �►id uae ceased itrr the consecuflve 12-month period immedietely preceding Febmary 7, 2006. Any anch uae existing on Februnry 7, 2006, ahn11 be discontiaued at suah time as the nse ceases ffo any conseaaHve 12•month period Proceee I, II, III nnd IV m�e deecrlbed in Fa othar Intbmietion about perking end pazking erom, see Chepter 19.130 PVVRC. Chapta� 19.53 FWRC, Cha�er 19.60 FWRC, ' Por deteile of whd may excead thie height limit, eee FWRC 19.110.OS0 et eeq. CI►ept� 19.65 FWRC, at 19.70 FWRC ree dhrol . F� deteiL reBe�'din8 ro�dred Yerde� we FWRC 19.1?S.IdO M eeq. K:\2009 Code Amendmmin�3ize ofHeakh Chilx h BN Zone�P�nnMgCommieebn�BA1 Zoning Charfs\19-2ISA20 Bntertahunent [OP710N 1].d�c OPTION 2 E�HIBTT B 19.215.020 Entertainment. The followin uses shall be etmitted 'm the nei borhood business B zone sub'ect to the re latians and notes set forth in this section: USE ZONE CHART Z DIRECTIONS: FIRST, read down to find use ... THEN, across for ItE(3ULATTONS � Minimums � Re uired Yards � c� Z��E � �' W d � o� BN oG � ; � a � � ,� � � ��� �� „3 w �, a �� � a SPECIAL REGULATION5 AND NOTE5 Privete lodge ProceFS None 0 ft, 10 ft. 10 ft. 35 fl, nbove 1 f.or each 1. dross tloor area of this uae may not exceed: 7 �SOO Rf�. R, f0f TBS�RLLiAt1L9� 5,000 sq. R. for £ast food restaurnnts; or cluh II See notes 3 and 9 average 100 sq. ft. of l0,000 sq. fi. for private ciub or lodge; 25,000 sq. ft. for henith clubs or retnil establishment providing entertainment, See building grosa floor recreational, or cultural aerviees or acGvities. Heaith club uaeslocated in the BN zoned vicinity of21 Ave 5W and Art gallery note 7 etevation nrea for SW Camnus Drive mav exceed.tha 25.000 sausre foot maximum. restaurnnts; 2. For retail estnblishment providing entertainment, recrention�l, or culturnl services or nctivities, the uses must be Restaurant or See note 3 contnined within a building: No outdoor uses are permitted. tnvern 1 for each 80 3. IFany portion of a structure on cha subject property is within 100 ft. ofn residential zone, then that portion of the sq, ft. for fast structure shatl not exceed 30 N. above average building eleve�tion and the structure shall be set back x minimum of Fast food food 20 ft$om the propertyline ofthe residential zone. restaumnta reataurnat; 4. 'the hours of operation of theae uaes mny be limited to reduce impacta on nenrby reaidentiel sreas. S. Access to and from drive-through facilities muat be approved by the public worka depastment Urive-thmugh Heaith club Otherwiae faciliNea must be dasigned so that vehicles wi11 not block traffic in the sheet while waiting in line nnd will not determined unreasonably interfere with on-site traffic flow. Retail on a ense-by- 6. Faat food reataurants must provide one outdoor waste recepCacle for every eight parking spaces. establ{shment case basis 7. No maximum lot caverage is established Instead, the buildable nrea will be determined by other site development ptoviding nquirements, i.e., required buffers, parking lot landsceping, surfetce water facilities, etc. entertninment, 8. For community design guidelines that apply to the pmject, see Chnpter 19.115 FWRC. rocret�tional, or 9. For landscnping reqnirementa that apply to the project, see Chapter 19,125 FWRC. cultural 10. For sign requirements that apply to lhe pmject, see Chapter 19.140 FWRC. servicea or 11. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject flctivitiea propetty. 12. dambling uses are not pemutted as principal or accessory uses in this zone aa o f Februflty 7, 2006. Any such pre-exisdng use shnll not resume activity if anid use ceased for the consacutive 12•month period immcdiately preceding F.ebruary 7, 2006. Any such use existing on February 7, 2006, shall be discontinued at such time as the use ceases fro nny consecutive 12-month period Proceas 1, Il, !I[ end [V tve described in Por dher infonnetion ebout parking snd perking nreee, aee Chepter 19.130 FWRC. Chxpter 19.55 FWRC, Chap�er 19.fi0 FWRC, Chepter 19.65 FWRC, For detetle oPwhet may exceed lhie height limit, eee PWRC 19.110.050 et eeq. Cha ttr I9J0 FWRC ree ecHvely, For deteile re�rding required yerds, eoe FWRC ! 9.123.160 et seq. K:\2009 Code Amend�natle\3he of Heslth Clube In BN Zotte�Plenning Commleeion�6lJ ZohMg Chacfa\19•2l5•020 PnhAefiunmt [OPTiON 2].doo OPTIC�1`�T 3 E�:HIBIT � Y9.t15.020 Entertainment. 'I'he followin uses shall be ermitted in the nei borhood business Bl� zone sa 'ect to the re latians and nates s�t forth in this section: USE ZONE CHART � DIRECTIONB: FIRST reMi down to $nd use ... THEN acrosa for RBOULATIONS �" Minimnme � � Re uirad Yaide � � � +" •.• � `� �� � � � � � ,� � � . :n � � � � USE c�i r� .3 w � � � v, � a SPECIAL REGULATIONS ANDr NOTES Privnte lodge Procesa None 0 ft. 10 ft. 10 R 35 ft. above l,for eaoh 1. Oross floor area of thia use may not exceed: 7,500 aq. R for reataurants, 5,000 sq. ft. for f�st food reataurnnts; or club II See notes 3 and 9 average 100 aq, fl. of 10,000 sq. ft forprivate clnb or lodge; �999 45.000 sq, ft. for heslfh cluba; er 25.UU0 sa. ft. Pot retni] estnblishment Sao building grosa floor providing entertainment, recceallonal, or cnitumt services or activitiea Art �al(ery note 7 elevntion area for 2. For retail eFtqblishment providing entartainment, reereattonal, or cultumi services or aativities, the uses must be mstaurants; contained within a building. No outdoor uses are pernvtted. Rastaurant or See note 3 3. If any portion of n atructura on the subject property is w{thin 100 ft. of a residential zone, then that pottion of the tnvern 1 for each 80 atructure shall not excead 30 ft above average building elevation and tho structure shall be set back a minimum of sq, tt for fast 20 ft. from the property line of the reaidential zone. Fast food food 4. The hours of operstion of these uses mny be limited to reduce impacts on nearby residentiat areas. restnurnnta restaurant; 5. Access to and from drive•through fi►cililies must be appxoved by the pubiic works departmenf. Drive-through faciliNies must be designed so that vehiclee will not block traffic in the street while waiting in line and wili not Health club Otherwiae unroasonably interfero with on-site trnffio flow. determined 6. Fast food reatauranta muat provide one ouWoor waste receptncle for evary eight parking spaces. Retail on a case-by 9. No maximum lot covernge is eatablished Instead, the buildabla area wilt be determined by other sile development establishment case basis cequ�roments, i,e., requirad buffera, parking tot landscnping, aurface wattr t�cilidos, eta. providing 8. For community deeign guidelinea thnt apply to the projeat, aee Chapter 19.115 FWRC. entortniamont, 9. For landscaping requirementa that apply to the project, eee Chapter 19.125 FWRC. rocreadonat, or 10. For sign requltemenfe thnt gpply to tho ptojeat, aee Chapter 19.140 PWFLC. cultural I 1. Refer to Chnpter 19.265 FWRC to deterndne what other ptnviaiona of this chapter mgy apply to the aubject aervi�s or property. activitiea 12. C3amb1{ng uses are not perndttad as principal or accessory uaea in thts zone as of February'7, 2006. Any auch pre-exiafing nsn ehall not resume actiaity if �id u� ceased for the oonsecnNve 12•month period immediately preceding Febtuaty 7, 200d. Any snah nse exiating on Febxuary 9, 2006, shall be disoontinued al euch time as the nse ceasee fro any conaecutive 12-month pariod Proceee I, II, III end IV ffie daecribed in Ba other infbrmetton ahout perktng end parldng erees, eee Chepter 19.130 FWRC. Chepter 19.SS FWRC, Chepter 19.60 FWRC, Chepter 19.65 Fq►RC, For deteile of what mey ezceed thia height limit, eee 1 19.110.050 et eeq. Che er 19.70 FWRC reepectivel . Fa deteile regerding roquirod yerde, eee FWRC 19.125.160 et eeq. K:\2009 Code Amendmm�b�3iu of Heellh Clube in BN Zone\PlennhtgCommieabn\BN Zoning CherfsV9-215•020 Bntartelnment (OPTION 3].dno OPTION 4 EXHIBIT D 19.215.020 Entertainment. 'The followin ases shall be ermittecl in the nei borhood lrasiness zone sn 'ect to the re lations and notes set forth in this section: USE ZONE CHART O DIRECTIONS: FIRST, read down to find use ... T'IiEN across for RECiULATIONS �., Minimnma � � Re �;rea Y��aa ZO►NE �. � � d � o� �y BN � � � � �' d V �� ilSE oi a .°a w � � x� � w SPECIAL REGULATIONS AND NOTES Privnte lodge F'rocess None 0 ft. 10 ft. 10 ft 35 ft above 1 for ench 1. (3ross tlonr nrea of this use mny not exceed: '7,500 sq. fl, for restaurants; 5,000 sq, tl. for fxst food restaurnnts; or club II See notes 3 end 9 average 100 sq. ft. of 10,000 sq. fl. for privnte club or lodge; 25,000 sq. ft. for heRith clubs or retail estnbtishmettt providing entertninmeny or See building gross tloor recreational, or culturul services or activiNes. Z-lenith clnb usea may exceed the 25.000 snuare foot mnximum Art gnllery pmcess note 7 elevntion area •for pursuant to the decisionat critera of I.nnd Uae Frocess 1V under FWRC 19.70.130f31. L restnurnnts; 2. For retnil eatnblishment providing entertainmont, tecreationnl, or culh►ral services or activities, the uses must be Restnurant or S�e See note 3 contained within a building. No outdoor uses nro pernutted. tavern Nota 1 i for each 80 3. If any portion ofa structure on the subject property is within 100 ft. of a residential zona, then that portion of the sq. R for fast atructure shall not exceed 30 ft, above average building elevation and tha structure shnll be set back a minimum of Fnat food food 20 R from the property line of the residentinl zone. restaurants reataurant; 4, The honrs of operarion of theae usea may be limited to reduce irnpacta on nesrby residential areas. 5. Access to and from drive•through faciliHes must be approved by the public works depattment Drive•through Fieaith club Otherwise fecilities muat be designed so that vehiclea wiil not block trnffic in the street while waiHng_ in line and will not detern�ined unreasonably interfere witlt on•site trnfiic flow. ��1 on a case•by- 6. Fsat food reataurants muet provide one ontdoot waste receptacle for every eight parking apaces. establiahment cnse basis '7. No mnximnm lot coverage is estxblished Instead, tha buitdahle area will be detorm4ned by other site development providing roquirements, i.e., required buffers, park{ng lot landacaping, eur�e wttter fncilidea, etc. entertaintnent, 8. For community deaign gnidelines that apply to the project, sea Chapter 19.115 F'WRC. recreationnl, or 9. For landscaping requiremanta that apply to the projact, aee Chspter 14.123 FWRC. cultarnl 10. For sign requirementa that apply to the project, aee Chapter 19.140 FWRC. sarvicea or 11. Refer to Chapter 19.263 FWRC to determine what othar proviaions of this chnpter may apply to the subject activitiea p 12. dnmbling nses are not pernsitted as principal er accesaory usea in this 2one as oFFebruary 7, 2006. Any such pra•existing use ahall not reeame aaHvity if eeid uae ceesed for the coneocutive 12-moaW period immediately precading February 7, 2006. Any such uae existing on Febnuiry �, 2006, aha11 be diacontinued at such time ss the use ceases fro nny conaeautive 12-month period Proase t, II, III and I V ere dascribed In Fa other informetion about perking end perking ereee, see Chepter 19.130 PWRC, Chnpter 19.55 FWRC, Chepter 19.60 FWRC, Chepter 19.65 PWRC, For detatte of whet mey excead thie height limit, eee F�VRC 19. t]0.050 et eeq. Chxpter 19.70 FWRC re� ctivel . 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I _, � r - � � � �.,� _. �, � . . �� I � �. ..t y � r� ,, , � � .. .._, � t� � ` f _ ' , � � ,� \ i I � , = � � _., : ._ . . , . _ _. � , 4 ;: _ • � , - , a�_. � , _... � i , _ � � :�, ., , , i i .-_. , , ._. .� �� I .� , _ � i . � ti: � _, , , ._ , � �,, -. �.:, � -� < < ,,�. �i , , ., .. �� ; ,� � , `-+ I i � �.::z f. ' �., ,.._.,. r . 1 L ' l�, � � u I � , , . � . ��, _ , � � ,. �, ' �. � � >_i 1 1 i I � i � i � � � wrrr . i... . � " ! , . � � 1, , .�l _i ` � �,•`' �! � a � �:: I 4 f 1 � i , __ ' � , ; � i � ".� ' k;._ ,. � �l� � �. � i _ . � � . _ , , /� :., �i.L � ___...I_ i._ ti1fL11'R,11Y ►i� _... •. ` t ,i..z ��, I ,,. � ...1.;_.. � � .._ _. � !�- I t r \. . �ci .r + �4�a�1C01EWtinylBN„A�iai.u�kQ � � � � �rom: Scott Rhodes [rhodesarchitecture@gmait.cocr��� � �j �� �� sent: Sunday, December 06, 2009 2:20 PN1 ��� ���� j To: David Lee -- - Cc: Greg Fewins SuE�ject: Fedzrat VUay Propos�d Ar��ncfiner�t Option 4 appears to be tE�e ctosest to cunent ch�zrch/religious faeilities requirements and limitations. €'rrantie�g Iess restcicti�r� zo�g righ.ts ta �on-religious faci�it�es of si�ilar magnttude seems ta 1} create a precede�ee, and 2) be in violation of state aad feder�l law. �'u�thermore, entertainment faeilities oveX 25,OQ0 sc�� f�et or 5 acr�s should be required to s�bm�t to the '�MP anc! 'TIA pcocess as well as Proeess N. See atzove for reasonina. Qt,�erwise please chauge the churchfreligious zoning ta the ��ss restrictive emertainment facilit�r aon.ing if passed. See o�iginat �roposal 6eluw. ----- Forvvarded message -------_ �rom: Tina Piety <I'i�a.Pi��i���.��e � �:a�cr.co�> Bate: Fri, Dec �, 2009 at 2:20 PM Sub}ect: Feder�! W�y Fcoposed Amendment To: David Lee < Nlargaret Ctark <�f��etC l��'�,'�ci#6„c�ffi;d�r�l.�t�. ct a�rr.> Cc: Greg Fewins <�`rre,�--����i����.u._ff_��ral�a�co�>, Lee Baiiey <L�:e �aFle��,�ci��aff�deral��r.car�>, Cary Roe <�arcr. Roe �:�it���€��r�v��a�.��n>, Ken 11rf �er <K�f�._��i���'l��l •ot�e�erals��� .��om>, Isaac Conlen <�saa.c.Can��n�.`c�cie; of��er�i�vxy .�om> Hetto, Tlie City of Fe�tet�( QfTay will consider a proposed amendrnent to the Federat Way Revised Code to expaud the size o�health ctubs ia the Neighborhood Busine�s (BN) zone. Attac�ied you wiil finct the EnvironmeIItat Deter�inatic3n of Nonsignificance (DNS}, Environm�ntal Checklist, aad EAhibits ta the �hecklisk If yo�.i have any questions, please contact Associate Pta�tner Davict Lee at �.a�i�_�e�Gi�+�ffederaiv�ay .com, or �53-835-2622. r���y, ���-w����-�r Community Development Services Eity of �edera� VfTay Street: 33325 8th t�venu� Sauth l�iail: PO �3ox 9718 Federa.l'Way, �A 98063 253-835-2b01; Fax 253-835-2609 Scott Rhodes 1�TCARB Rhodes Architecture file'l/K:�2009 Code AmendmentslSize of Health Clubs in BN Zone�Pla,nning Commissio... 12/1?/2009 .____,,,Dxeam. �. Enyisi.on_E P.lan �: �izce.eed_tm V 206:46�� 1 -�f ,_ ,-� __ F .��:'�-7�: �...��. _ ,�w� -�� �'x �`? CUNFIDENTIALITY NOTICE: This e-ma.i1 message, inctuding any attaEhme�ts, is for the sole us�.of the intended recipient and may contain confidential, progrietaFy, and/or privileged information, as well as content subj ect to copyright and okher intellectual property laws. If you are not the intended. recipien�, you may nat disclose, use, �opy, or distribute �his e-maii message or its attachments. 0 :; _ � . . . . . 'S� � . . - ��- . ..� • � file:l/K:�2009 Cale AmendmentslSize of Hea.tth Ciubs in BN Zone1l'laaning Commissio••• 12/17/2009 �rom: Sent: Ta: �r. Sub�ec�: Michael Chen [MChen@grpmack.comj Wednesday, December 16, 20Q911:1b aM �;C� ! � i T '� _. �'�G � �2 � ��--� �� David Lee Dietrich Wieland Code Amenctment for Health �lubs in BN za�e David, -- 1EVe Fecsived the Envi�ortmenta! Determination of Nonsigruirca�ce no�ee For the code amendment to expand the size o€ hea�h dtt6s in the neighborF►ood business zone. A�er r�tiemei�g the four pc�ssrbte aftemative code amendments, we woutEf �ke to s�st that a�ernative #4 not be ea�terec�. EJt�ee se€�n '�4. F(Tra►�spartation) af the SEPA e�te� �a City has already document� that a 45,QEIfl squaFe foot heatth ctub would generate tes� vehiec�hha� trips p�r day co�rtpa�ed to retaik uses of the same size, s� a� � grocery store. As suttentfy docurrrented in the f1�C, �haptei '�9.2'!5, other sitrutaf size (40,000 s.�) ►etait �ses are pecmi�eet adjaeent to residentia[ zone�. Therefote, uve �i i# unnecessa�► for �ie Hearing E�car�ner ter �ssess a E�aatth elu�'s potentiat irnpacts to adjaces�t resic#enti� zones. ptease t�t �►e tc�a�nt if you have any quesfi�o�s. Regards, MicAa� ����P ��������,� Loga� Bealding � 500 Unuu� St, Suite 54S t Seattie, WA 98tQt � T: 2tI6.749.99�3 � F: 2Q6.749.5565 { vu1.v_�.g�����nzie.�orre � vC�rt� �OR'1�LaNQ, OF2EGON � SEATTLE, WASHlNG70tV � 1lAPICEKJtlEt�, WASFltF�16T(3N � Pieas� Lons�� t�e ��r"se�n�en# befo€e �rinting �€s 8rr�aii. Tha�:c y+�. � This �nal is ornsftdenti�, may he legally privdeged, and is iMended solely foF the addressee. IP you are not the i�ended recipient, aocess is � prot�bite�# As ema� can he aiEered, its a�tec�rity is not guaranteect • file://K:�2009 Code AmendmentslSize of EIealth C(ubs in BN Zone�P'lanning Commissio.__ 12/17/2009 0 Erotn: Greg Fewins �>-.,��. ' _ f�ltG� Sent: Wednesday, December 16, 2009 8:55 AM � j� (� � ? �� �o: MargaFet G1aFk; �avid !ee �11a SubjecE: EW: Federal Way Proposeck Am�ndrnen.t _.� /itta��areetts: 8N �oned Area-s I.TIF �.s-215-t32o Ec�te�ait►me�it jE3PTt0N lj.doc; 19-2I5-026 Entertai€smeRt [OPTtOfV 2J.dQe; �9-215.-Q2� Efltertai�teet►ert� [OPFtQN 3].ifoc; 19-215- 020 EnEeFtainment [OP�iOt� 4}.da�; Agencies tiea�Ehciub �31`�S.doc; BN Heaith Clnb SEPA Checktist.doc Ptease ensure tha# th�se coc���nts arL �lac�d in t�e pab�ic cflmt�e�t recorc# �ar this cc�de arnens�rnen� G�eg � Fra�: BretE �homas jmaitto:brett@mourriainconsteom� � Se�: �nesday, Deeember 16, 2009 8:48 AM �o: �reg Fe�nt� �e� FIlVV: Ferfexaf Way Proposed Acnendrnent �€'i Gieg; ! a�reciafs �eir�g inc€�ad�c� a� �e e�aif �e �€�is, ac�c# fhe idea of co�ut�icatin� ptoposecf zaning ehanges oc�t �€i � c+��trnunit�r in t�t�;i�anc�er. E tfi�e�k #his propusal is a pgsitive move, since 1 perce�ve #he pur�os� a# �s 8� z�ns €s #c� p�ace services c��r to ne�hi�rhoo�s �o pe�pte t��n`t d�vE as f�r ia ge't �r��# they nesd,`wan�. t�tsa, � th�r�k ss�alter fit�es� c���ers i�ava a to:�r�h �r�te heir�g frna�c�si�r v€abt� ar��E do no# �ncl�e a�ni�es �r qc�an�iiy Q� equEpment that corES�rneES war�t. ��rsa�at� r,on�nue ta �Say de�es a�d c�se a�fiess ce��et because E� is l�ss than '�.S miles fror� my �ous� a�d large eno�gh t� t��ve vv���t� i vr€�nt. So 1 be�8vs #�is Es in kaep�c�g wi� the intant �f �N a� #he �inar�raat �eaGtias a€de�re�Oprrist�t ac�d �ess eenfers as � oc�:upar�cy. a�d yviE� rr�a�C� it ��ore like�� that desi�ah€e faei�ies u�tt b� ptaced sEoser ta �fier8 people �ve. �{N@�8!' �'ES O�tOE� g�' GOk7l�l�8�8Ij� f�ffl6Ylt1� 51Zc^ iEYFFE��iaf15. PP0�8C�S 1�tt� 5�� D8 C!f#i�s�"d1EEL'f� E��f S@E DBt;ICS E�uffers arMt pac�cir�g, a� the sizc� 8� shape �f tf�s reai esta#n. �s f�r cor��sm �txa� gian# �iEdirtgs dcfse to ��igt��ch�od�, th� v�se�a! rs�assic� of tf�e �i€�rEgs �vitl �till be ��nage� thcough �x�nc� €��sigr� guide�r�es. . ro�}ards, � Bre€� Er�tt T,�Qrr�as f�au��ai� f�n�tr�ra�io� �r�: ��-��-G�fi� �i��73 F�Y�S`•V��� S ��t: Tu�a Piety [mailfio:Tina.Piety@cityoffederatway.com] Sent: �riday, E�c�nber 04, 2009 2:21 PM �o: Qavid Le�; Margaret Cia�lc �c: Greg Fewins; Lee Bailey; Cary Rae; Ker� Mifler; Isa� Conien Sub,�ec� Federa! Way Proposed Amendment file://I�:12009 Code AmendmentslSize of Heai�#i Ctubs in BN �oneLPtanning �ommissio._. t2/17/2009 I : ....�.. .. ...' � . Ne��O, - — , `. �� — The �ity of �deraCWa`y a�proposed amendrnent ta ihe �e�erai Way Revised Code to expand the size of health dubs in the Neigh6orhq.aci Business EBN) zoRe. A�actted you wilt find the Enviroamental Determination of EVonsigni�cance (DNS), Envitonmental Checktist, a�td €�thfb�ts �a the Checkiist. tf you have any questions, ptease eontact Associat� Ptanner David Lee at davEC€ iee�cit�r�ff�der�alLtiay.car�. or 253-835-2622. r�.��y, �d�� Community Development Services - C'ity of Federal Way Street: 33325 8th Avenue South Mait: PO Box 9718 Federal Way, WA 98U63 253-835-2601; Fax 253-835-2609 file://K:\2009 Code AmendmentslSize of Health Clubs in BN ZonelPlanning Commissio... 12/17/2009 ATTACHMENT 2 CITY OF FEDE[t�L ��'A�" PLANNING CONIMISS(ON January 6, 2010 City Hall 7:00 p_m. Council Chambers MEETING M[NUTES Commissioners present: Merle Pfeifer, Hope Elder, Sarady Long, La«�son Bronson, Wayne Carlson, Tom Medhurst, and Tim O'Neil. Commissioners absent: none. Staff present: Community Development Services Director Greg Fewins, Planning Manager [saac Conlen Senior Planner Ntargaret Clark, Associate Planner Matt Herrera, Associate Planner David Lee, SWM Project Engineer Fei Tang, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. Chair Merie called the meeting to order at 7:00 p.m. APPROVAI.OF MINU'I'ES The minutes of November 4, 2009, were approved as w�ritterL AUD[EIVCE COMMEIVT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS ELECTIONS Commissioner Bronson nominated Hope Elder as Vice-Chair. There were no other nominations. The vote �vas held and she was elected unanimously. Commissioner Bronson nominated Merle Pfeifer as Chair_ There were no other nominations. The vote was held and he �vas elected unanimowly. CHANGE TO PLANNING COMMISSION RULES Ms. Piety explained the proposed changes and reason for them. There are three proposed changes. Staff is proposing to change the time of election for officers from October to the first regularly scheduled meeting of the year. Holdir�g elections in October is not intuitive and many times staff overlooks scheduling elections at that time. Staff proposes to not state a particular month because the Commission only meets when there is business to be conducted and they may not meet in the month named Commissioner Elder commented that it is a good idea to hold eiections at the first of the year because new Commissioners are appointed in October and this would give them time to get to know those who are nominated and be able to make an informed choice. The second proposed change is to delete the �vord "tape�' when it appears before "recording." The meetings are and will continue to be recorded, but they are digital, not tape, recordings. The third proposed change is to delete "Process IV" when it appears before "revietv." This refers to the n�pe of land use process and the specific number of that process has changed Staff does not propose to change the number (simply delete it) in case it should change again in the future and because the word "revie��" by itself is an adequate description. Commissioner Medhurst moved (and it was seconded) to adopt the purposed changes to the Pianning Commission Rules as presented The motion carried. K.�P6annrtmg Commissum�2010`,Meetiog Su`�m�ary 01-(�-IO.doc Planning Commission Ntinutes Page Z January 6, 2010 PUBL[C HE�RING — Proposed Deferment of Open Space Fee-in-Lieu and Regional Stormwater Facility Fee Mr. Herrera delivered the staff presentation. The Plannin� Commission held a public hearing on this issue on November 4, 2009, and recommended to retain and codify the current policy of open �pace fee collection prior to plat recording and regional stormwater facility fee collection prior to engineering approval. Follo��ing the Planning Commission recommendation, the Cit�� Council's Land Use/Transportation Committee (LUTC) has held hvo public meetings regarding this policy issue. At the November 16` meeting, the committee requested Garrett Hufftnan of the Master Builders Association (MBA) and Sam Pace of the Seattle King County Realtors to submit written eomments on the issue and present those comments at the next LtJTC meeting. At the December 7`�` meeting, Mr. Huffman and Mr. Pace submitted comments proposing to defer the regional stormwater facility fee to point of sale for single family residential and Certificate of Occu�ancy for commercial and multi-family development. The LUTC then returned the item back to the Planning Corrunission for further proceedings. Staff's recommendation remains unchanged from the original November 4, 2009, staff report to the Planning Commission. That report recommended to: retain and codify the exisring policy of collecting open space fee- in-lieu payments prior to final plat recording; and retain and codify the existing policy of coilecting regional stormwater facility fees prior to engineering approvai. Garrett Huffman, Master Builders Association — He commented he is confused why this issue has come back to the Planning Commission at this point. It is his understanding that the council feels all fees the city collects should be done through escrow and that they will be requesting staff to prepare an ordinance regarding the collection of all fees. Given this, it seetns the Planning Commission should wait on this issue until the future ordinance. Mr. Herrera commented that in regards to the School Impact Eee, the Federal Way Public Schools implements the poiicy and the city simply collects the funds. In 2009, the council adopted an ordinance in regards to Traffic Impact Fees and tivhen they will be coltected. That ordinance becomes effective in June 2010. The only t�vo fees in question in regards to when they are coliected are the open space fee-in-lieu and regionai stormwater facility fee. Mr. Fewins commented that staff understancis that the LUTC's request is for staff to re-present the question of when open space fee-in-lieu and regional stormwater facility fees are to be collected to the Planning Commission and to include the comments from Mr. Huffinan and Mr. Pace, which the Planning Commission did not have at the last pubiic hearing. Mr. Beckwith concurred Commissioner Carlson commented that he is also confused because he thought that in the future all fees �vould be in the same section of the city code. He does not see a need to collect all the fees at the same time. He feels fees should be coliected when the impact occurs. Chair Pfeifer went over Mr. Pace's comments and stated he agrees with them on the surface. Commissioner Bronson commented that it is his understanding that a developer has a choice about whether to build their own stormwater facility or use a city facility and they would only pay the stormwater facility fee if they chose to we a city facility. He does not think it is unreasonable to request the funds be paid up front. Commissioner Elder commented that she feels the Commission made a thoughtful and right decision last time and sees no reason to change that decision. Commissioner Long commented that storm�vater facility fees are comparatively small and he sees no reason why they cannot be paid up front. Commissioner Bronson moved (and it was secondec� to recommended adoption of the staff's recommendation (Option 1) for the open space fee-in-lieu. The motion carried unanimously. Commissioner Bronson moved (and it was secondec� to recommended adoption of the staff s recommendation (Option 1) for the regional stormwater facility fee. The motion carried unanimously. The public hearing was closed K�.�.Phaunmg Conunieud3010�D4eeting Sumrnary 01-UC-IO.doc Planning Commission I�tinutes Page 3 January 6, 2010 PuBLic HE�RIlVG —�mendment to Expand the Size of Health Clubs in the Neighborhood Business (Bi�1) Zone Mr. Lee delivered the staff presentation. He went over the background of zoning for health clubs in Federal Way. Currently, health clubs are allo�ved in the Neighborhood Business (BN) zone �v a 2�,000 square foot maximum size limitation. In 2008, a health ciub facility applied for a eariance to exceed the square foot limitation to occup�� an existing �-acant �3,061 square foot Albertson�s building within the BN zone. The application was uitimatety denied by the t►earings examiner. The city �t-ants to improve the occupancy of larger vacant buildings (such as the cacant Albertson's) and the tenant spaces in the BN zone, many� of which were built prior to the 1990 incorporation of Federal Way. The proposai is to amend the Federal Way Revised Code (EWRC) Chapter 19.21 � related to the size of health clubs in the Neighborhood Business (BN) zone by adopting one of the foilowing possible options: i_ Remove the square foot limitations for health clubs in ali BN zones. 2. Remove square foot limitations for health clubs only for those parcels in the BN zone located in the vicinity of 21'` Avenue SW and SW Campus Drive. 3. Increase the square foot limitations for health clubs in ail BN zones to 4�,000 square feet, or, 4. Allow health clubs of more than 25,000 square feet within all BN zones �vith a Process IV Hearing Examiner Decision and decisional criteria to assess potential impacts to adjacent residential zones. Mr. Lee went over the pros and cot�., of each option (found in the staff report). Staff recommends Option #2 because it serves the greatest good with the least amount of impact. Ntr. Lee also stated that the city received three email comments which may be found attached to the staff report. The meeting was then open to public comment. Michael Chen, Group MeKen�ie — He thanked the staff for their work. He supports the staff recommendation_ Laurie Montgornen�, Lighthouse Laundry Otivner — She commented that the Albertson's building has been vacant for over three years and has had a detrimental effect on all businesses in the area (graffiti, vandalism, etc.). Other shopping centers in the area have been recently remodeled, leaving the Albertson's area looking bad in comparison. It tvould be a �vin-win situation to have a health club in the old Albertson's building. She and her husband (Patrick Montgomer��) support the proposed amendment. Commissioner Elder expressed concern that the city would be "spot-zoning" with this proposal since it only affects health clubs. Mr. Beckwith replied that since it does not identify a specific site, it is not spot-zoning. Commissioner Elder asked if the city i� discriminating on behalf of health clubs. Mr. Lee replied that different zones throughout the city have different size requirements for different types of businesses. Commissioner Bronson commented that there are only about six or seven properties in the entire BN zoning districts that can accommodate a large building. Given this he suggests the Commission consider Option # 1 (removing the square foot limitation far heaith clubs in all BN zones). Mr. Lee commented that staff has not analyzed all the BN zones and therefore, do not l�ow for sare if there are only six or seven properties. Commissioner Carlson agrees and stated that health clubs are a good fit for neighborhood businesses. Mr. Fewins commented that sta ff does not object to Commissioner Bronson's proposaL Later this year, staff intends a more comprehensive analysis of the BN zone, �vhich may lead to additional proposed amendments. In the meantime, the city council directed staff to address the health club size issue, hence the current proposal. K:�Planns�g C �tnmis�n`.2010`��teetmg Sutt�mazy 01-06-(O.doc Planning Commission Minutes Page 4 January 6, 20 i0 Commissioner Medhurst commented that the proposed amendment could help alleviate traffic in the city center by keeping people closer to home. Commissioner Carlson moved (and it �vas secoridec� to recommend adoption of Option #2. The motion cczrried unanimously. ADDITIONAL BUSINESS None AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 8:00 p.m. K:�Planning Cc mmiss��n�201(rMeeting Smmnary 01-(36-lOd�c ATTACHMENT 3 ORDIN:�NCE NO. A1�1 ORDINANCE of the City of Federa! Way, Washington, relating to the expansion of' size of health clubs in the Neighborhood Business (BN) zone; amending FWRC 19.215.020, "Entertainment". (Amending Ordinance No.'s 06-51�, 03-450, 97-291. 96-270, 93-170, and 90-43) WHEREAS, the City recognizes the need to per VVay Revised Code (FWRC), "Zoning and Development federal law, codify administrative practices, clarify ,��r .;�;;:`��.. necessary, and improve the efficiency of the r�gu��t�� and WHEREAS, this ordinance, conta� text of Title i9 FWRC, has complied with ,�;..���::>:ti.>. chapter 1935 FWRC; an ����-�;;��:�: t�:.;.:;.._;.:: :> .;::.... :�..��.,: .�:: ti .�, .,:>.: .:; ., :, ��,,,;�. WHEREAS� �`��<,��``��....� in the �•��ti:.�. �~�;��;�. amendment to for the��� ��'�� ,,//,'�/,%� ���� ,.�i� f �� ��ff �'� BN zon ithm the Ci eder; �� ��� .//, G/�. � � ��, � �����.tEAS, this c � ,�rt r, ���� � Program; and �%/////�,, j'' iodicallv.<;�€i.difv Title 19 of the Federa( 'o��;' in or`c' �";�ao conform to state and <:.. <:�:<�>-.. ;:.. �<., ,,.., �. .::;.. •�, '••F. ..... , ,;�-,�f, �;;� .;,. upd�te zoning re��ations as deemed � ., /ff//%�r. ::: • .�f��f�� a �F.� and �t�?�, development ��a�¢w process; its to ��:�;elop�nent regulations and the :x=.�;'...- "?: .: i�.w, cha�er 19.80 FWRC, pursuant to interest� <'�r , the City Council to adopt a new code ��::;::;':;,. ��:<��z�:�imitations on Heaith Club facilities within the ; and was a part of the 2009 Planning Commission Work 19.215.020 currently restricts the size of health clubs to 25,000 square feet within Nei'�hborhood Business (BN) zones throughout the city, and VV��REAS, the City is proposing to remove square foot limita.tions for health clubs only for those parcels in the BN zone located in the vicinity of 21 Avenue SW and SW Campus Drive; and Ordinance No.09- Page 1 of 7 Rev 1/10 LU �VHEREAS, an Environmental Determination of Nonsigni�cance (DNS) was properly issued for the Proposal on December 5, 2009, and no comments or appeals �vere received and the DNS was finalized on January 5, 2010; and WEiEREAS, the Planning Commission conducted a duly noticed public hearing on these :;�;;;;;� code amendments on January 6, 2010; and forwarded a recomme�#��ib� of approval of staff recommended Option #2, which removes the square foot lirx���titi�:for health clubs only for �_ ��-� ,\� , �.�t��� \..�•. those parcels in the BN zone located in the vicinity of 2 SW an���yV Campus drive, to :;:. ; , "':c\�. ;:'` \,\:��� ,;.,. the City Council; and , r �������` ..... .. '��`_'�����._. �� WHEREAS, the Land Use/Transportation considered these code amendments on ��ruary 1, 2010, atnendments as recommended by the Planri�g��� NOW, THEREFORE THE CITY C0�1( ,�ii��'',,.�.�'��ir;; :;`:::" VVASHINGTON, DO ;RDA1N``��;,FOLLOWS`��:; lf' '�fy! "' f j���/ '•f'F��. � ;;..��� !%'i : ��/ ���. Section l. Findin �he .-�.'�',�,�,,Council of �ndings These C�7 Federal Waj% City Council adoption of the text OF FEDERAL WAY, ity of Federal Way makes the following in the best interest of the residents of the City and wil( benefif�;�;��:City as a wh���by satisfying a growing need to occupy large vacant buildings in .:�;:.._. �� �:>:<: �:< �:.�`�..��:.�_ \` the BN zone witl���ti,�atib��`�ises that can not be reasonably reduced in size to accommoda.te the .�tia�;� �S �.,��..������; zoning restrictions pla � an commercial buildings in this zone. .` (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. Ordifta�tce .Na 09- Page 2 oj7 Rev 1/10 LU (c) These code amendments are consistent �vith the intent and purpose of Title 19 F�VRC and �vill implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial i to, and will protect and not adversely affect, the public heaith, safety, and �velfare. (e) These code amendments have followed the praper `�ci�edure required under the .. .......:.. ...... _...... ..... ..... _...... .... ....... - ..... .._.... F WRC. ` :::�..-, �� .': '.\i�. Section 2. Conclusions. Pursuant to chapter;;:�;�.80 FW�C and chapter'��>��5 FWRC, and �.,.,.,,,.; .:::,. , �.�:�::�: based upon the recitals and the findings set forth in `���G;tion:<:;���" tT�e Federai Wa����City Councii makes the following Conclusions of Lav�,�ith respect to t adoption of the proposed amendments: (a) T'he implement, the fo LUGI isional criteria necessary for the FWRC ameii�ne��s' are`<�<:��istent with, and substantially ��ti � ::::: ,;..... ��;::<:,>' ,:..,.. �._;.��.,.; �:>�.:.;.:;:.. �>:.. ra�;�y Compreh��sive Plan goals and policies: �`�: ;a the : ��rance and furf�on of the built environment. :4:::.:�.•:-.;�.ti..... fu i�. : • ��,,,;:�\�:,�.3:�a•;::.,.,., :: ` • � �.: ".�:�,�:`ti�ti`�;::; ti ::'; �'` ;:::;�; .�� `� � . ����ti�.v:>'':::`;;� 1 design �s�rmance standards to maintain neighborhood at��sure compatbiliry with surrounding uses. LUP44 Enc �`d'�� neig �;;h�i''liood retail and personal services to tocate at appropriate ;; locati �` here�`ocal economic demand and design solutions demonstrate �:.:, �''"``� compa `,� ity with the neighborhood :: ;,.; '.i1.:li`r'.. LUP�9:�:;i;�n de�"ating new or expanding existing Neighborhood Business centers, the '��`'�'` '' nt zoning and land use shall be carefully considered New Neighborhood -: ;;.;.� �iisiness centers are most appropriately located adjacent to mulriple family and �'high-density single-fatnily residential areas. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process_ EDP7 Ordinance No. 09- In order to encourage efficient and desired deveiopment and redevelopment of existing land designated and zoned for various rypes of commercial uses, when considering proposals for comprehensive plan amendments and rezones to commerciai designations and from one commercial designation to another, the Page 3 of 7 Rev U10 LU Ciry will consider development trends in commercially zoned areas, market demand for various types of conunercial land, and amo��rt of cacant commercial land. EDP10 The City «�ill work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the communiry. EDP18 The City will periodically monitor local and regional;::�nds to be able to adjust pla�s, policies, and progra�m. ,:>�::<:�' >:, �� �>; `�;:>F;::;':'::<:. EDP19 The City will activety work with representa�e gr�zitps, of business and property owners, including the Federal Way Chami��; othei�;��al business associations, to enhance cirywide and,��Are�. and planning. ::,,:<.. ..__>;� ;,,;. . (b) The proposed FWRC amendment �s a substantial relatiori��� to�he public ,:;:\� �;.,,..; ! \�: : ':;,., �: i;;/ \•�.\�?:'_:. ;::�:::.. �:',� health, safety, and welfare because it provides for mo�'�;��re,�ri� coza�ributing to the :,:ti. . .:.::_::•.:<»>:>> -,;::;{;::::�:. '� �i��4. public health and welfare of surroundin� eighborhoods an�'��,,city as a whole. Additionally the ,�`1%'! '`<>>,_<:�>;:;, -, f%�j;,�,., '-=:;:<::>:::::. >�: f f , ., - �a«. : amendment affords the ability for the re-u5�5�� `��,�.r, vacant bui�i���:tivhich would otherwise be , �;,,, ' r:f �� f � f``!;./ ...;;;__::. a draw for graffiti, vandalism, and various ot��r p� ' fc which would be detrimental to ;,,ti�<_;�, 'i �/ <;; %» .,,�:��=�• !; .,.,,:;,..:»����.• y� `..;. ; �\\::�: ;C:*\�5� c�:., the safety of neighborh�ppc�s wit���e general vi�nity.. � ,:::::�; '•.�:4: i :;:?:;:`:\?%.. ;�;;;�? i/ - '���:i�;�::: +�,-`:; ,i. (c) The �prop�__ame '� ` ent is in the �`t'interest of the public and the residents of `�;��•:':;. ':i��t� �y, % . .;�.,;; z:;;;����..\\� �� �������� `����` bec it �����ide the o ortunit for more ossible uses of the Cit of ' ��i� '�''' �° `�� � ' Y ; ����,%i:,.: ., PP Y P / % . "<fFYI�' /F \`'� ,� �.f f �'� ,:`��� f �r. -.:,f% . \i�:�:' . . larger. •,�ting vacant bu��,.�l��s an��.ti�or more recreational activities. /��,.��. .��� �� ;;�f,, ;.�;; ti ;;� � . Sec�"�"' �> . Chapter 1;�� 5.020'Use Zone Chart "Entertainment" of the Federal Way , ; �; i� ���!;�� J, � Revised Code is�'���y ame,�,��,I�,�ed to add new language to read as follows: :f,.. Ordinance No.09- Page 4 of 7 Rev i/ l0 LU 19.215.020 Entertainment. The followin uses shall be ermitted in the nei borhood business BN) zone sub'ect to the USE ZONE CHART ,-�� DIRLC'fIONS: FIRST, rexd down to Yind use ... THEN, across tor REUULAI'IONS � Minimums •��C Rec uired Yxnis h N � Q � � �� � �> N � °7 �m BN � _ USE f'rivxte lodge or club Ari gallery Restnunmt ot� teivern I�tisl food restxurants ,..,:a;:,: c:::t; <,�,tl,o�l; e;; (:: ;. �diity c::r ut.a;r:.r:c;:t, r o: �::lEt.:r:i :zr��ice. ,. .�,!:�,a:c�: � � v �> � � ., � � � .° u, ri� � F'rocess None 0 ft. 10 tl. 10 fl 11 See notes 3 und 9 See no te 7 fh�oc.�ess l, !l, lll and 1 V ru•e dewnbed in Chapter t 9 55 }� W RC, Cliapter t 9 6(i F� W R(`, Cheptcr 19.65 FWkC, Ch�pter 19J0 FWkC respeMively. Ordinance No.09- �� 3,� ��. ° y `' -;;:�;��'ECIAL ] xv� a0�. 35 ft. xUave 1 fbC etich 1. Gross (loor urca of tltis use ma'�;�zjt:exc�tr4 average 100 :xi. ft. of 10,00U sq. R, tor priv:ite club or lodg�;'��",�nO� building b�ross tloor recreatiuttal, or cuitural services ur uetiuffEeS;, elevation xrea tor SW Cxm��i`�>�1�ive may exceed tl�e 25,0(7t1� rest�urxnts; 2.rorretait:��"�lfxltpient rovi3ingentertaii ,�,. V See note 3 cunt�inc3 H�i�liki'`8:4�F!{lili#�. No outJu�r u�es 1 torexch80 3.Ifwiyyortii'ijj;ufii'sltii�lu �ubjcct sy. ft. tor fiist slructure sliall ri�i;ex�ee�i�b:Ii�;;�I?q;1?e?�verug fuvd 201i. lium tlic pr�rty line`(5�^�t1is?�Si���llittl witliin 1Ofl ff. of.i re�ilential zune, then [hat pu�tiou ol'thc elevulion und ILe struclure sl�all be xt back a tuinimiun ut' restaur.int} :,,, 4. The hours oYopi��,tiun��Flltese use`'S:�,�;�'limileJ to rrduce iropxcts ou ncarby resideutiul anus. ; ,;;;;9;;:;;:;;>:z;:; $, Access to and tco'ri�j;c��ive-through tacil;�ti:�'s must Ue approved Uy ttie public works depurcment. D�ive-thruugh ��.�:»:z:�zs;. •. �t�ietwise`>�>;?:; ;��jlities must be Je�'i'�ed so that veLici�'s will not block traliic in lhe street while waiting iu linr avd will uot ,,. .:, i�eternrined '' :tj3�f;'�usonably inlerfere �th on-site tratH� 8ow. q'�j�;� case-by- 8;,;�Eist Ybod restaurants riii}st pruvide one outdoor waste recepl:icle lor every eight pe�rking spu�es. fi::�;t; . i's,�$� 7;;i�b maximum lut cuver��� �stxblishel. lnsteaJ, Qie buildxble area will Ue detennined Uy other site developmen[ '"":; ,.fy,,,, �;'�'���ents, i.e., reyuire�:�fters, purking lotlundscaping, surYace water tucilities, ek. � "'`•`''`r��'''•�• '�"• '' Etai, , dtsi •tt ui3elines thxt a 1 to the tx� eet see Chx ter 19.115 FWRC, ';;:;!�:r:,:.. �;�►?4�f.•,;:1Y:;;;:;<.:�:<:� l�P Y P .1 , k� �'''�;s>•',••'•: 9. For lun'S'Sbspfi�,�;;f�ei�i3itements that apply to the project, see Ch�pter 19.125 FWRC. l��� i�, �:�. ;;; ���y, For si re uirefftents that a I to the ro ect see Cha ter 19.140 FWRC. ; �, ; , ;v ,, � 9 PP Y P l> P ;.�,��`•,, ��:��%'+,•�eter to Chapter 19.265 FWRC to detem�itte wl�xt otherprovisions ofthis chapter maiy xpply to the suUject �:.�::`�``..r.:,, � � �?'„\` ti;:. �� „ 'I?. 4,.. ...: ii' . ` 12. ��i�4f� uses are not permitted �is principal or accessory uses in tl�is zone us of Pebruary 7, 2006. Any su�li '�ti;;:� ., .'�' •`••>,.,� ;, pre use sl�xll not resume activity if suid use cexsed for tl�e consecutive 12 perio3 immedixtely '�,�.��;,\. i > �:y� precedtng FeUruary 7, 2006. Any suclt use existittg on Februaty 7, 200G, slu�ll be discuniinueJ ut sucl� time as Uie �;`�.\; use ce:�ses fru any consecutive 12-montli period. For otheriuli>auation about pnrking aud pc�rking arc�s, aee C6apter 19.130 FWRC. For details of what tttay exceed this height limit, see FWRC 19.110.050 et seq. For Jeeails tebarding requireJ yrirds, see FWRC 19.125. (60 et seq. Page 1 of 7 Rev 1/10 LU set forth in this sectio�i: GULATIONS 7,50(? x�. tl. tor rest�urxtfts; S,OUO u�, fl. lor tast ti�od restxut'ants; sq. li. fix health cluUs or retail establisLmcnt providing eutertainmeut, � �.� �_ �_ .._ � _ . � �._ .�_ ,,.� _. . . . ��.,,si �.,�� , recreational, or culturxl services or xctivities, the uscs must bc � Section 4__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, shat( ;::�::>. ,:.,.:. t ;..:;_, ..... not affect the validity of the remainder of the ordinance, or the vali����t��::�ts application to any : �:�: ti:"`� .\t.�:� other persons or circumstances. � ti��; .;.�. ��,� : ��� ��;.::�; .. =::,:::::<_: Section _5. Corrections. The City Clerk and th�`f.�iifr�rs of thi���nance are _ ; .::, , .%F.ti�i�f•:. i, ���>> ��::�'i. authorized to ma.ke necessary corrections to this or, '�ce incl�ding, but not lii�:�d tQ, the ,%;%i,.`•; •< ..;•>:.:::..: ; ,:,, .:.,•.-,.. � ; , , , . ::._::::: �:, -•: �`ii%;`. %%�/.,.'a'y .�';?;=;:yz'�� �• �:,. "�. �` .. correction of scrivener/clerical errors, references, ordiri�..���n�' �ef`�ng, section/stibsection �;F.:;i� ., ' `` i�% numbers and any references thereto. `�::,;::..; -;;;.��, '. <{:::;,;;.; - ��i ; ,..,. :..::::.::. : . .,�. , . Y ���;'� i � l i��.'::i'i.%. �i �Ff f rlff Section 6. Ratification. An act �qrisis���;:�rith the autHc���and prior to the effective ; . s; �.. ; .=r '.;:,: ••;:z ' �f ¢ .F . 'ii.. `l.:;!�....ff6:�. � date of this ordinance is hereb ratified and a �". �`` `` �€rm��� `��;.%'�,,::,, ..:�::�X�<_:::.: �:-:., �%:i '��' : ::.,;; � ' •,;.•,;,:, .� :;:� Section 7. Eff��tive�Da€�:;;This ordinari'c;� shall be effective five (5) days after passage and publication as �.,;,..���:<:=. � il of the �i�� of Federal Way this 2 day of March, 2010. `.::. `���::_>_�:>;<;><�����` CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR AT' CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: Ordinance No. 09- Page 1 of 7 Rev 1/10 LU CITY ATTORNEY, PATRICI a:�_ RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: OIt - --- - Ordinance No. 09- Page 2 of 7 Rev 1/10 LU COUNCIL MEETING DATE: February 16, ?010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL MEET[NG DaTE: February� 1, 2010 SUBJECT Relinquishment of a Portion of South.320` Street to the State of Washington POL[CY QUESTION Shouid the Council adopt an ordinance relinquishina a portion of S 320 Street to the State of Washington between 32" Avenue South and the South King Fire and Rescue Station Number 6=4? COMMITTEE Land Use and Transportation Committee CATEGORY: ❑ Consent ❑ City Councii Business � Ordinance ❑ Resotution �� ■ ITEM #- � - � Public Hearing Other STAFF REPORT BY Marwan Salloum, P.E., Deputy Public Works Director�'�'6EPT: Public Worhs Attachments: Land Use and Transportation Committee memorandum dated February l, ?010. Options Considered: l. Adoption of the attached ordinance relinquishin� a portion of South 320` Street to the State of Washington. 2. Do not adopt the ordinance relinquishing a portion of South 3�0` Street to the State of Washington and provide direction to staff. STAF'F RECOMMENDAT[ON Staff recommends fonvardin� Option 1 to the February� 16, 2010 City Council Ordinance Agenda for the first reading. CIT�` MANAGER APPROVAL: /� Wt�G'1 ��°� � I� aU �[RECTOR APPROVAL: -- L l � L��� :-� • Comminee Comcd Comm�ttee Cwmcd i�` Reading of Ordinance (February 16, 20i0): "I move to fonvczrd the ordinance to the seeond recrcling for enactment on the March 2, 2010 Ciry Council Ordinance Ageracla. " 2"a Reading of Ordinance (March 2, 2010): "I move to e�zact the orcfinance relinquishing a portion of S 3Z0` Street to the State of Washington. ° (BELOIti"TO BE COMPLETED BY ClTFCLERKS OFFlCE) COCrNCIL ACTION: G ❑ APPROVED COCr1VCIL 8[LL tl ;,J 2� ❑ DEN[ED l sr �� ❑ T:16LED/DEFERREDINO ACI'[OlY Enactmeot readiag ❑ MOVED TO SECOND READiNG {ordinafices onlyl ORDINaIYCE # REVISED — 02/06/2006 RESOLCrI'IOtV It COMMITTEE RECOMMENDAT[ON: Committee recommends forw�ardina Option t to the February 16, 2410 City Council Ordinance Agenda for first readin�. � CITY OF FEDERAL WAY MEMORANDUM DATE: February l, 2010 TO: Land Use and Transportation Committee �. VIA: Brian Wilson, City Manager FROM• Marwan Salloum, P.E., Deputy Public Works Director ' John Mulkey, P.E., Street Systems Project Engineer '� �� SUBJECT: Relinquishment of a Portion o, f'S 320` St to the State of Washington The S 320`� Street vacation was brought to LUTC on July 7, 2008 for the vacation of a portion of S 320�' Street to Quadrant Corporation as a part of a small lot development on the north side of S 320` Street, between 32" Avenue South, and the South King Fire and Rescue Station No. 64. The vacation was brought to Council on September 9, 2008, at which time a public hearing was held and the Council conditionally approved the vacation. The conditions of the vacation were for Quadrant to relocate the utilities within the area proposed for vacation to a location within the remaining right of way and create easements for utilities crossing the vacated area. Quadrant completed the relocation and undergrounding of the overhead utilities that were located within the proposed vacation area to outside the proposed vacation area. In the course of completing this process, it was discovered that the S 320'�' Right of Way deed, transferring the Right of Way for the State to the County, has a condition that if any part of the area transferred to the County, or its successors in no longer needed for pubtic road purposes, that property is to be returned to the State. As this area was approved for vacation by Council on September 2, 2008, the City has deemed this area no longer needed for public road purposes. As presented to Council in the staff report, the property proposed for the vacation and which woutd be relinquished, is outside of the widest ptanned cross section for S 320`" Street, and would not be needed for future roadway purposes. Once the property has been relinquished to the State, Quadrant will negotiate purchase of that property from the State. Also any easements required for the utilities can not be put into affect until after the State as sold the properiy to Quadrant as the utilities would remain in public property. As stated above, based on the approval of the vacation by Council, the area being proposed for relinquishment to the State of Washington is no longer need for roadway purposes, and as a condition of the deed, must be relinquished to the State. K:\LIiTC�2010\02-01-10 S 320th Street Relinquishment - Ordinance to relinquish.doc ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the relinquishment to the State of Washington a portion of South 320 Street located between 32" Avenue South and the South King Fire and Rescue Station 641ocated at 3720 South 320 Street. WHEREAS, the portion of South 320 Street located between 32 Avenue South and the South King Fire and Rescue Station 64 is no longer needed for public road purposes; and WHEREAS, per the deed to King County from the State of Washington Recording Number 8107060253 states "The grantee herein, its successors and assigns, agree as condition of this conveyance that the above designated property is to be used for public road purposes and for purposes related thereto and, should any portion of those parts of said property that were acquired by the State of Washington for a consideration derived for the state motor vehicle fund be no longer used for public road purposes or such related purpose, all rights in and to such a portion herein conveyed shall become null and void and title to said portion shall immediately revert to and revest in the grantor herein."; and WHEREAS, the portion of 320�' Street located between 32" Avenue South and the South King Fire and Rescue Station 64 was acquired by the State of Washington through the state motor vehicle fund. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Relinquishment. That portion of the right-of-way of South 320th Street, located between 32nd Avenue South and the South King Fire and Rescue Station 64 located at 3720 South 320th Street as described in Exhibit "A" (legal description) and so depicted on Exhibit "B" (Exhibit Ordinance No.10- Page 1 of 8 Rev 7/09 maps 1, 2 and 3) and Exhibit "C" (vicinity map) attached hereto is hereby relinquished to the State of Washington. The property lying in the portion of the right-of-way described in Exhibit "A" shall be relinquished to the State of Washington per the conditions of the original deed granting the property to King County. Section 2. Recordation. Upon passage, approval and publication of this ordinance, the City Clerk is directed to cause this ordinance to be recorded with the King County Department of Records and Elections. Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, 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 thirty (30) days from and after its passage and publication, as provided by law. Ordinance No.10- Page 2 of 8 Rev 7/09 PASSED by the City Council of the City of Federal Way this day of , 20 CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR 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.10- Page 3 of 8 Rev 7/09 EXHIBIT A RIGHTS-OF-WAY LEGAL DESCRIPTION STRIPS OF LAND IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M, BEING A PORTION OF TRACTS 1, 2, 3, 4 AND 5 CONVEYED TO THE STATE OF WASHINGTON FOR ROAD BY DEEDS RECORDED UNDER RECORDING NUMBERS 4998517, 4998539, 534586 AND 4998520, ALL IN MIDWAY SUBURBAN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 38 OF PLATS, PAGE 40, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10; THENCE, NORTH 02°05'03" EAST ALONG THE WEST LINE OF SAID SECTION 125.06 FEET; THENCE, SOUTH 89°44'38" EAST, 41.03 FEET TO THE NORTHWEST CORNER OF THE SOUTH 75.00 FEET OF TRACT 1 OF SAID PLAT AND POINT OF BEGINNING; THENCE, SOUTH 89°44'38" EAST ALONG THE NORTH LINE OF SAID SOUTH 75.00 FEET, 188.99 FEET TO THE NORTHEAST CORNER OF THE SOUTH 75.00 FEET OF SAID TRACT 1; THENCE, SOUTH 02°05'01" WEST ALONG THE EAST LINE OF SAID TRACT, 35.02 FEET TO THE NORTHEAST CORNER OF THE SOUTH 40.00 FEET OF SAID TRACT; THENCE, SOUTH 89°44'38" EAST ALONG THE NORTH LINE OF THE SOUTH 40.00 FEET OF TRACTS 2, 3 AND 4, A DISTANCE OF 570.15 FEET TO POINT HEREINAFTER CALLED "POINT A' ; THENCE, ALONG A NON-TANGENT CURVE TO THE RIGHT, THE RADIUS POINT O,F WHICH BEARS NORTH 68°13'57" WEST 43.00 FEET; THENCE SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 15°18'16", FOR AN ARC LENGTH OF 11.49 FEET; THENCE, NORTH 89°44'38" WEST ALONG THE NORTH LINE OF THE SOUTH 30.00 FEET OF TRACTS 1, 2, 3 AND 4, A DISTANCE OF 574.90 FEET; THENCE, NORTH 02°05'01" EAST ON THE WEST LINE OF THE EAST 10.00 FEET OF SAID TRACT 1, A DISTANCE OF 35.02 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 65.00 FEET OF SAID TRACT 1; THENCE, NORTH 89°44'38" WEST ALONG SAID LINE, 178.47 FEET; THENCE, ALONG A NON-TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS NORTH 82°33'59" EAST 38.00 FEET; THENCE NORTHERLY THROUGH A CENTRAL ANGLE OF 9°31'03", FOR AN ARC LENGTH OF 6.31 FEET THENCE, NORTH 02°05'01" EAST 3.71 FEET TO THE POINT OF BEGINNING; ALSO, COMMENCING AT SAfD "POINT A; THENCE, SOUTH 89°44'38" EAST ALONG THE NORTH LINE OF THE SOUTH 40.00 FEET OF TRACTS 4 AND 5, A DISTANCE OF 66.05 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUING SOUTH 89°44'38" EAST, 63.80 FEET ALONG SAID NORTH LINE TO THE EAST LINE OF THE WEST 100.00 FEET OF TRACT 5; THENCE, SOUTH 02°05'01" WEST ALONG SAID EAST LINE 20.01 FEETTO THE NORTH LINE OF THE SOUTH 20 FEET OF SAID TRACT 5; THENCE, NORTH 89°44'38" WEST ALONG SAID SOUTH LINE, 49.62 FEET; THENCE, ALONG A NON-TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS NORTH 39°51'24" EAST 43.00 FEET; THENCE NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 32°37'04", AN ARC DISTANCE OF 24.48 FEET TO THE POINT OF BEGINNING. Ordinance No.10- Page 4 of 8 Rev 7/09 EXHIBIT B EXH�IT MAP 1 RIGHT—OF—WAY VACATION — === L � � I � t I �' 1 � � I � � I � � I c� 1-�--r- 1 � � I �.._.. /�� /� % � a� � � -�.:,.. 5 ., x i �-----�---- 32naau� s ---- 2 � � �-------------- 19' W I � I � I I � N 50' O � ti 0 a m y I � � i I � i ' � i I � i I � y `� i ' n �\ � 10' TO BE VACATED � �/ ✓ � --------- j ---- k ��/ � � C,J �� ; \ � � L� � � i � � L� _--------� � -------- _ $ � ' _-_- 7 ' � � ✓/ � � � � � �. ---- �, . � � .� -- . � .< D � � WEYERHAE SER� •--; -�------------ - ✓1' � WAYS�- w ---- ----��— S �I � -- �✓ — -�---- —��, � 20' TO BE VACATED ��� �� � soj I so' � C� L� I r � , �i I � 11255 Kirklend Way sWre 30o QUADRANT HOMES �`�n SOUTH 320TH PLACE p. 425.82).2014 � f. 425.827.5043 ....._ .........................._.................� RlGHT—OF—WAY cn�a � str�cwra� �� �s�y VACA7►ON �n FnpiromNq Seni�compeny PeCeenBrs.t�om . . SCALE: 1" = 150' FlLE:\5809-ROW-VAC DATE:' 1/07/2010 REV) JRD/BLE PROJ. NO.: 05809.14 Ordinance No.10- Page S of 8 Rev 7/09 EXHIE�IT MAP � RIGHT—{3F—WAY VACATION _ _ _ NO205'�03'�_ 9V1 c.'OId1ER 125.qg' -- SEiCTI�M ib NO�S01'E I �-----�-� � 1�3600�„� � 8-031j03 � L-8,31' � � } i t i i �� I ( � , I � � � 1 � � ' I I I � � I� � I I S � � I� , ;� t � � � ;� � 0 ;� � � �� F � ;_ � � ( ��1 jm � l ; � ND2'd5b1'E i i � 35.q�� � 4_��_�_ I � 3�di � � 90Z'G�5'I I ; � � � �I � � � � i � . } �, i � � � i t � �, i I � aa4e � Is �`�'-,—, --- __ �C11i! � �. � POB � 14' TO BE VACATED / �� � � •w 8� Ei��IT MAP 1$ 3 „��ar�,w, Q�lA�RANT Nfi��'S ����� SQU77� 320�H pC{4�E --.,... .,......_..— RtGFt� 0�—�+AY �I��I�I�► VACAT��N ����ae��r waw�� s��: i^ = sar Flt�: �s�eo�ROw oar� 1/07/2D10 RE4IJ �o/e� PROJ rxa: s� � a Ordinance No.10- Page 6 of 8 Rev 7/09 I� � , � � , � � � � 1 I � �a+aa � wax s. � i i I � i � I I E�CHIBIT Al1AP � RIGHT—OF—WAY VACATION 8� f�IAP 1 3 2 ��_— � ' + 10' TO BE VACATEQ , � + � ; � � � � , ' � � � ;� � � � � � � �� � � � �� I � � I� �C � ;m �s����' I �POINT "A" I L=11.49' I � ' - _ _� _ � -._ , �, � . . ri l` � # . a.Vl � I � �. � � I ���w�,si�oo Qt1A�IRA�IIT H(,1�FS 1 �arira,w�� S�U]�i 320�H PL�Cf �� p'�I�f4P�14 � f. ��".�IS _....,. ....,,.._.._ RfG�fT-af-Wi4Y �I��+I�ni�r VACA'��N �e4r�w�ae�.e� waw�,m� s��: i^ = sor Fl�:�seo�ROw-vAC oa�: �/a7/zo�o sEV� �o/s� PROJ rio�: a5e�oaia Ordinance No.10- Page 7 of 8 Rev 7/09 E�F�IB�T � 3��th S�' �C�uadrant} RI��iT �F VtitAY RELINC�U�SH(��NT �i'�Ci..T�59�i1'.�7ti1:M',0'3dRl96Cf.A�.�1/P/a�i�a:y�..a.ulxYr.�r�yr T:CG�YCfAL1C1Gl�/1�W.:".f.kC:�:OW.:��.S�lr��ila�lru::�..nr.� viutrrur�ce ivv.�v- �u�e o ty o Rev 7/09 1JI�INETY I�JI�� COUNCIL MEETING DATE: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�� SUBJECT: VALLEY COMMiJNICATIONS REFUNDING BONDS POLICY QUESTION Should the City approve defeasing and refunding of General Obligation Bonds issued to finance construction, equipment, and land for a Valley Communications Center. COMMITTEE PRHSPC ►1 ■ Ordinance MEETING DATE Feb 9, 2010 CATEGORY: ❑ Consent ❑ City Council Business Resolution � ■ Public Hearing Other STAFF REPORT BY: B ant En e Financial Services Administrator DEPT: City Manager's Office .._.._._......----....__ ............................_.............._...................._�.._..............._.._...._....._........................._..............�.._�_. ........................................._...._.............._......_...._..................._.......__._..__._................---...�.__.._..._.__........_._..._._....__..._......_..._.__..............�......_ Attachments: Proposed Ordinance Background: In 2000, the Valley Communications Center Development Authority was created to issue $12,758,000 in General Obligation Bonds to finance construction, equipment, and land for a new emergency radio communication system. Five participating cities are each responsible for one-�fth of the debt obligation. The current economy has created a favorable interest rate climate whereby refunding the outstanding bonds would result in potential debt service savings to the Authority and Member Cities. The outstanding debt at the time of issuance of the refunding bonds will be $5,345,000. The projected savings from refunding the outstanding bonds is $389,613. The potential savings to the City is $77,923. Options Considered: 1) Authorize the ordinance to pledge the City's full faith and credit toward the payment of its share of debt service on the refunding bonds. 2) Not authorize the ordinance to pledge the City's full faith and credit toward the payment of its share of debt service on the refunding bonds and provide direction to staff. 3) STAF'F RECOMMENDATION 1) Authorize the ordinance to pledge the City's full faith and credit toward the payment of its share of debt service on the refunding bonds. CITY MANAGER APPROVAL �' �ran�, a%'�'�' p-�^�` I� APPROVAL: Committee Council CONIlVIITTEE RECOMMENDATION: I � J � ` , ��� �.. Committee Chair ommittee Member COUNCIL MOTION(S): Committee Council Cormnittee Member 1 READING OF ORDINANCE (DATE) I move to forward the ordinance to a second reading for enactment on the (fill in date) consentagenda. 2 READING OF ORDINANCE (CONSENT AGENDA DATE): "I 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 RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, pledging the City's full faith and credit toward the payment of its share of debt service on refunding bonds to be issued by the Valley Communications Center Development Authority and approving certain matters related thereto. WHEREAS, pursuant to Ordinance No. 00-369 adopted by the City of Federal Way (the "City") on Apri118, 2000 and Chapter 39.34 RCW, the Interlocal Cooperation Act, the City entered into the Valley Communications Center Interlocal Agreement, effective Aprii 17, 2000 (the "Interiocal Agreement"), with the Cities of Renton, Auburn, Tukwila and Kent, Washington (together, the "Member Cities"), to form a governmental administrative agency known as the Valley Communications Center ("Va1leyCom"); and WHEREAS, the purpose of ValleyCom is to provide improved police, fire and medical aid service communications within the boundaries of the existing, established consolidated service area at a minimum cost to the Member Cities, together with such other governmental agencies that have contracted with ValleyCom for communieation services; and WHEREAS, in order to address increased growth and to provide necessary services for the Member Cities and other governmental agencies that contract with Va1leyCom for communication services, ValleyCom constructed a new dispatch facility known as the Valley Communications Center (the "Facility"), and WHEREAS, financing for the construction, equipping, and improvement of the Facility was provided by bonds issued by the Valley Communications Center Development Authority (the "Authority"), a public development authority chartered by the City of Kent pursuan# to RCW Ordinance No.10- Page 1 of 5 Rev 3/09 35.21.730 through 35.21.755; and WHEREAS, pursuant to the Interlocal Agreement, each Member City has agreed to contribute to the financing of the costs of the Facility on a pro-rata basis, each Member City paying twenty-percent (20%) of the total cost of development, less contributions from grants, other agencies, or other sources; and WHEREAS, the Authority issued its Valley Communications Center Development Authority Bonds, 2000 (Valley Communications Center Project in King County, Washington) (the "2000 Bonds"), dated September 15, 20Q0, in the original aggregate principal amount of $12,758,000; and WHEREAS, it appears that the 2004 Bonds may now be refunded at lower interest rates through the issuance of refunding bonds of the Authority, thereby yielding savirigs to the Authority and the Member Cities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. City Contributions to Bonds. Pursuant to the terms of the Interlocal Agreement, the City hereby irrevocably commits to pay its pro-rata share, which shall be equal to twenty-percent (20%), of the debt service on bonds (the "Bonds") issued by the Authority for the purpose of defeasing and refunding all or a portion of the 2000 Bonds. The City recognizes that it is not obligated to pay the share of any other Member City; the City's obligation shall be limited to its 20% allocable share of debt service on such Bonds; all such payments shall be made by the City without regard to the payment or lack thereof by any other jurisdiction; and the City shall be obligated to budget for and pay its 20% allocable share. All payments with respect to the Bonds shall be made to Va1leyCom in its capacity as administrator and servicer of the Bonds to be issued by the Authority. Ordinance No.10- Page 2 of 5 Rev 3/09 The City's obligation to pay its 20% allocable share shall be an irrevocable full faith and credit obligation of the City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the City on all of the taxable property within the City and other sources of revenues available therefore. The City hereby obligates itself and commits to budget for and pay its 20% allocable share and to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its 20% allocable share for so long as any Bonds remain outstanding. Section 2. Compliance with Continuing Disclosure Requirements and Official Statement. To the extent necessary to meet the conditions of paragraph (d)(2) of United States Securities and Exchange Commission Rule 1 Sc2-12 (the "Rule"), the City Manager is hereby authorized to execute and deliver a continuing disclosure agreement or certificate in order to assist the underwriter for the Bonds in complying with the Rule. The City Manager is further authorized to ratify and approve the information pertaining to the City and contained the preliminary and final official statements delivered in connection with the Bonds for purposes of the Ru1e. Section 3. Allocation for Purposes of Bank Qualification. For purposes of Section 265(b)(3)(C)(iii) of the Internal Revenue Code of 1986, as amended (the "Code"), the City hereby agrees that the amount of each issue of obligations of the Authority shall be allocated in equal shares among each of the Member Cities. Section 4. T� Covenant. The City hereby agrees that it shall not {a) make any use of the proceeds from the sale of Bonds or any other money ar obligations of the Authority or the Member Cities that may be deemed to be proceeds of the Bonds pursuant to Section 148(a) of the Code that will cause the Bonds to be "arbitrage bonds" within the meaning of said Section and said regulations, Ordinance No.10- Page 3 of 5 Rev 3/09 or (b) act or fail to act in a manner that will cause the Bonds to be considered obligations not described in Section 103(a} of the Code. Section 5. General Authorization. The City Manager of the City and each of the other appropriate officers, agents and representatives of the City are each hereby authorized and directed to take such steps, to do such other acts and things, and to execute such letters, certificates, agreements, papers, financing statements, assignments or instruments as in their judgment may be necessary, appropriate or desirable to carry out the terms and provisions of, and complete the transactions contemplated by, this ordinance. Section 6. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, 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 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No.10- Page 4 of 5 Rev 3/09 Section 9. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2010. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COIJNCIL: PUBLISHED: EFFECTIVE DATE: OR.DINANCE NO.: K:\Ordinance�2010�V alleyCom Ordinance No.10- Page 5 of S Rev 3/09 COUNCIL MEETING DATE: February 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�_ SUBJECT: CRIMINAL CODE UPDATE — CYBERSTALKING POLICY QUESTION: SHOULD THE CITY COUNCIL AME1vD FEDERAL WAY REVISED CODE 6.35.010 TO INCORPOR4TE STATE LAW REGARDING CYBERSTALKING? COMMITTEE PRHS&PS CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: PATRICIA RICHARDSON � Ordinance ❑ Resoiution MEETING DATE February 9 , 2009 � Public Hearing ❑ Other DEr�': Law Section 9.61.260 of the Revised Code of Washington (RCW} sets forth the crime of Cyberstalking and categorizes it as a gross misdemeanor. Currently, the Federal Way Revised Code (FWRC) does not include a reference to RCW 9.61.260. This amendment adds this crime to the Federal Way Revised Code. Attachments: Proposed ordinance amending FWRC 635.010 to incorporate State Law — Cyberstalking. Options Considered: l. Approve the proposed ordinance modifying FWRC 635.010. 2. Reject the proposed ordinance modifying FWRC 635.010 STAFF RECOMMENDATION Approve Optio� 1 CITY MANAGER APPROVAL: � j.v.f� ��°� � � DIRECTOR APPROVAL: �_ Committee Councd Committee Council COMMITTEE RECOMMENDATION: � ` Committee Chair COUNCIL MOTION(S): �'ar-- ommittee Member Committee Member 1 READING OF ORDINANCE (DATE) I move to forward the ordinance to a second reading for enactment on the March 2, 2009 consent agenda. 2 READING OF ORDINANCE (CONSENT AGENDA DATE): " move approval of Option 1 mod�ing Federal Way Revised Code 6.35. 010 " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # �2 7 � DENIED IsT reading ❑ TABLED/DEFERRED/NO AGTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 02/06/2006 RESOLUTION # QRDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Cyberstalking; amending FWRC 6.35.010. (Amending O�rd. Nos. OS-508, 94-215, 91-89) WHEREAS, Federal Way Revise Code ("FWRC") 6.35.Oi0 adopts criminai statutes by reference to the State Law as codified in the Revised Code of Washington ("RCW'); and WHEREAS, RCW 9.61.260, Cyberstalking is a gross misdemeanor; and WHEREAS, FWRC 6.35.020 does not reference RCW 9.61.260; and WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to incorporate the State Law into the FWRC, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l . FWRC 6.35.010 shall be amended to read as follows: 6.35.010 Assault and other crimes involving physical harm The following state statutes are adopted by reference: RCW 9.61.230 Telephone ca11s to harass, intimidate, torment or embarrass. 9.61.240 Telephone harassment — Permitting telephone to be used. 9.61.250 Telephone harassment — Offenses, where deemed committed. 9.61.260 Cvberstalkin�. 9A.36.041 Assault in the fourth degree. 9A.36.050 Reckless endangerment. 9A.36.070 Coercion. 9A.36.160 Failing to summon assistance. 9A.36.161 Failing to summon assistance — Penalty. Section 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or Ordinance No.10- Page 1 of 3 Rev 3/09 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 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/subsectian numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ardinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2010. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITI' CLERK, CAROL MCNEILLY, CMC Ordinance No.10- , Page 2 of 3 Rev 3/09 � ' ' C • _ � • `��7�� '7.�T� CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\Ordinance'�201(NCriminal update— cyberstalking Ordinance No.10- Page 3 of 3 Rev 3/09