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Council PKT 09-21-2010 Special & RegularCITY OF ,~.�, Federal Way AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall September 21, 2010 wv�rw. cityoffederalwa�com SPECIAL MEETING — 5:00 PM 1. CALL MEETING TO ORDER 2. EXECUTIVE SESSION a. Sale of Property Pursuant to RCW 42.30.110(1)(c) b. Property Acquisition Pursuant to RCW 42.30.110(1)(b) c. Potential Litigation pursuant to RCW 42.30.110(1)(i) d. Collective Bargaining pursuant to RCW 42.30.140(4)(b) 3. ADJOURN SPECIAL MEETING — 6:00 PM RECEPTION FOR SCHOOL DISTRICT SUPERINTENDENT ROB NEU REGULAR MEETING- 7:00 PM 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Prosecutor Dan Satterberg: Update on King County Budget Cuts and impacts to local jurisdictions b. Federal Way Public School District Superintendent Rob Neu c. Proclamation: National Preparedness Month ...page 3 d. City Manager Emerging Issues / Introduction of New Employees 4. CITIZEN COMMENT PLEASE COMPLETEA PINK SLIP & PRESENT IT TO THE CITYCLERK PRIOR TO SPEAKING When recognized by the Mayor, come fonvard to the podium and state your name for the record. PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES. The Mayor may interrupt commenfs that exceed fhree minutes, relate negatively to other individua/s, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in fheir entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: September 7, 2010 Special and Regular Meetings ...paye 4 b. CB 547 Speed Limits — Proposed Changes...page �� c. CB 549 Update the Federal Way Revised Code to Reflect the Change in Government to Mayor- COUnCil...page 25 d. Purchase of BearCat Armored Vehicle for Valley Swat with $22,400 in VNET State Seizure Funds...page 62 e. Valley Special Weapons and Tactics Team (SWAT) ...page ss f. Proposed S 332nd Street Alignment, Detention Pond Location and Relocated Celebration Park Driveway...page 80 g. T-Mobile Site Lease Renewal - Lakota Park...page sa 6. COUNCIL BUSINESS a. 2011-12 Human Services Commission Funding Public Services Recommendations and 2011 CDBG Capital Funding Recommendations...paqe 90 b. Status Update on Twin Development Project...page 114 c. Commission Appointments: Planning Commission...paye �22 7. INTRODUCTION / FIRST READING OF ORDINANCES a. Council Bill 550: Criminal Code Update — Lewd Conduct...page �23 An Ordinance of the City of Federal Way, Washington, relating the lewd conduct, amending FWRC 6.45.010, `Definitions" and adding a new section to Chapter 6.45 FWRC. Public Morals" 8. COUNCIL REPORTS 9. CITY MANAGER REPORT 10. EXECUTIVE SESSION a. Sale of Property Pursuant to RCW 42.30.110(1)(c) b. Property Acquisition Pursuant to RCW 42.30.110(1)(b) c. Potential Litigation pursuant to RCW 42.30.110(1)(i) d. Collective Bargaining pursuant to RCW 42.30.140(4)(b) 11. ADJOURN The Council may add items and take acfion on items not listed on the agenda. ..,•:; �,'.;i•,•, ` GTY OE ,'�._., Fe d e ra I Way PROCLAMA T�"ON "NATIONAL PRE�AREDNESS MONTH" WI-IEREAS, the vision and commitment of the City of Fedec Way is to ensure a safe and secure community for the 215t century and the City of Federal Way has eYperienced natural disasters in the past; and WHEREAS, the citizens of our city need to prepare themselves to be self-sufficient for at least three days following an act of terrorism, natural, or technological disaster; and WHEREAS, city depactments and city employees should be prepared so they can continue to provide essential public services after a disaster, and support the city's disaster response and recovery mission; and WHEREAS, loss of life and property from all hazards, including terrorism, can be greatly reduced if citizens have information provided over the National Oceanic and Atmospheric Association (NOAA) Weather Radio, and understand the importance of using the NOAA Weather Radio as a personal all-hazards alert and warning system; and :�:•- � ;:,t. WHEREAS, the need to prepare for severe weather events �vill be emphasized during the month of September 2010. Citizens, companies, and government agencies should review their individual preparedness plans, contact information, and emergency kits; and NOW THEREFORE, We the undersigned members of the Federal Way City Council do hereby declare Septembei- as National Preparedness 1�lonth and urge all citizens to prepare for emergencies. SIGNED this 21" day of Se�te�nber 2010. CITY OF FEDERAL WA Y Lircda Kochmar, Mayor Direi Dziclos, Depuly Nlayor Mike Park, Councilmemher Jeanne Burbidge, Courccilynember Jirn Ferrel� Councilrrce�reber Jac� Dovey, Cou�acil�ne�rcber Roger� Freernan, Councilmernber � •.;•... .. � `,,, ., . ; , . .: "�::;:�:�;1' :%�S%::::,- �;;c::`:��; i :%�%�% :�:�: ::;;: �; ,;,5, .i;;;;�:.::�:,:,'�. ��:;:;'.:ir,;;��:•.v' �: �;':�:•: •y •�:• . �:�iii....:�i:��:� .�.;, ':�ii�i.;.. �':�iii%�� i�ti�': '%:�i:�i:,.��i��:�': .i��/� ':;i�. _ � � � . ;.�, -.� �� •. r•_�y;�; ';i;i,..'.... ....•...�.`, ;i;j• �........�...•...�. , ;%:i5.__ • .... • ...�:1 %iS.._'...•�.... • _.2�::; � .:::"::::•` � ,.•., .....- - ' .e_ .. �%:i;._ .!�`:: �7 COUNCIL MEETING DATE: September 21, 2010 ITEM #: 5a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Sus.TEC'r: CITY COUNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the September 7, 2010 Special and Regular Meetings? COMMITTEE N/A CATEGORY: � Consent ❑ City Council Business ■ ■ Ordinance Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeilly City Clerk DEPT Human Resources Attachments: Draft meeting minutes from the September 7, 2010 Special and Regular Meetings. Options Considered: l. 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 �� ,h(� DIRECTOR APPROVAL N/A N/f1 Convnittee � Co ci� Committee Council COMMTTTEE RECOMMENDATION: N/f1 PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED � 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/O6/2006 RESOLUTION # MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall September 7, 2010 — 5:30 pm www. cityoffederaiwa .y GQn1 1. CALL MEETING TO ORDER Mayor Kochmar called the special meeting to order at the hour of 5:30 pm. Councilmembers in attendance: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers Jeanne Burbidge, Jack Dovey, Jim Ferrell, Roger Freeman, and Mike Park. Staff present: City Manager/Police Chief Brian Wilson, City Attorney Pat Richardson, and Deputy City Clerk Stephanie Courtney. At 5:30 pm Mayor Kochmar adjourned to Executive Session for approximately 90 minutes. 2. EXECUTIVE SESSION • Collective Bargaining pursuant to RCW 42.30.140(4}(b) • Potential Litigation pursuant to RCW 42.30.110(1)(i) • Property Acquisition pursuant to RCW 42.30.110(1)(c) • Sale of Property pursuant to RCW 42.30.110(c) 3. ADJOURN The Council returned to Chambers at 6:35 pm. Mayor Kochmar adjourned the Special Meeting at 6:35 pm. ATTEST: Stephanie Courtney, CMC, Deputy City Clerk Approved by Council: MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall September 7, 2010 — 7:00 pm www.cltyoffederafwa .y Cot77 1. CALL MEETING TO ORDER Mayor Kochmar called the regular meeting to order at the hour of 7:00 pm. Councilmembers in attendance: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers Jeanne Burbidge, Jack Dovey, Jim Ferrell, Roger Freeman, and Mike Park. Staff present: City Manager/Police Chief Brian Wilson, Ciry Attorney Pat Richardson, and Deputy City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Federal Way Police Officer Ron Potts led the flag salute. 3. PRESENTATIONS a. Certificates of Appointment — Youth Commission Councilmember Burbidge read and presented certificates of appointment to the Youth Commissioners in attendance. Councilmember Burbidge thanked the Youth Commission for the important work they do throughout the year. b. Proclamation: Constitution Week — September 17-23 Councilmember Burbidge read and presented the Constitution Week Proclamation to Peggy Eisaman. She thanked Council for their continued support of Constitution Week. c. Proclamation: Mavors Dav of Concern for the Hunqrv — September 25 Mayor Kochmar read and presented the proclamation to Linda Purlee of the South King County MultiService Center. Mayor Kochmar and Ms. Purlee both encouraged citizens to support the food drive and thanked Waste Management for partnering for a curbside pickup day. d. Citv Manaqer Emerainq Issues / Introduction of New Emplovees City Manager/Police Chief Brian Wilson announced there were no new employees to introduce tonight and asked for the following finro presentations: • Judge David Larson, Federal Way Municipal Court - Work Crew Services Judge David Larson distributed information to Council and briefly highlighted many benefits of Federal Way City Council Regular Meeting Minutes September 7, 2010 — Page 1 the Work Crew Service program. He introduced Sue White, Municipal Court Supervisorwho further spoke about the program and Community Corrections Supervisor for the Department of Corrections Jim Thorburn. Judge Larson, Ms. White, and Mr. Thorburn answered various questions from CounciL • Flashing Yellow Arrow Senior Traffic Engineer Rick Perez gave a brief presentation on the history and success of the Flashing Yellow Arrow program. Mr. Perez answered various questions from Council. 4. CITIZEN COMMENT Norma Blanchard, asked for clarification on the utility tax added to her bill to fund police officers- she would like to know if the tax will be repealed if police officers are laid off. She furtherquestioned the procedures followed for sign collection. Diana Noble-Gultiford, spoke against item 7(b) Council Bill #548 Residential Off-Street Parking Requirements on tonight's agenda. She further spoke against allowing the 10-year tax abatement for the Twin Development project downtown; she fee4s it is a undue financial burden on the remaining residents of Federaf Way to cover the cost of services. H. David Kaplan, noted the 2010 Fall round of the Tourism Enhancement Grants are now being accepted. Grant Applications and criteria for the remaining $18,000 worth of grants can be found on the city's website or by calling Lillian Yeh. Deadline for submission is September 30` Lori Sechrist and Julie Clearv, spoke in support of item 5(i) on tonighYs Consent Agenda for the Lake Dolloff neighborhood. Tom Medhurst, thanked Federal Way Police Officer Villa Nueva for his sensitive handling and response to an elderly neighobor welfare check. Mr. Medhurst noted unfortunately the neighbor had passed away, and offered his and his neighborhood's thanks to the officer for his handling of this situation. Jerry Graham, spoke in support of item 5(i) on tonighYs agenda for speed humps in the Lake Dolloff neighborhood. Julie Vance, spoke in strong opposition to item 7(b) Council Bill #548 Residential Off-Street Parking Requirements on tonight's agenda. She noted she feels her rights are being taken away, and as a RV and Boat owner, she keeps immaculate care of her home and recreational equipment. Maureen Hathawav, Vice-President of the Federal Way Historical Society invited Council to attend the Historical Societies Annual Meeting on September 18 from 12pm — 2pm. They will be discussing accomplishments and goals. City Manager/Police Chief Brian Wilson briefly responded to questions raised during public comment. Mayor Kochmar thanked all who spoke. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: August 3, 2010 Special and Regular Meetings and August 24, 2010 Special Meeting - approved b. Monthly Financial Report-approved c. Vouchers-approved Federal Way City Council Regular Meeting Minutes September 7, 2010 — Page 2 d. City Website Improvements-approved e. Functional Training Fitness Equipment Purchase-approved f. Replace Steel Lake Beach Security Camera and Repair WIFI Equipment-approved g. RESOLUTION: Amendment of Resolution Identifying Positions Authorized to Administer Investment Pool-approved Resolution #10-596 h. Nautilus NTS '10 — 4th Ave. S. (S. Dash Point Road to S 308th Street) -approved i. Lake Dolloff NTS '10 — 33rd Place S/S 334th StreeU38th Ave. S/S 328th Street (Weyerhaeuser Way South to Military Road S) -approved j. 2010 Pedestrian Safety Projects — Preliminary Project List and Authorization to Bid-approved k. Negotiation of a Contract for Marketing/ Communications for Dumas Bay Centre-approved I. Agreement for Work Crew Services-approved m. Washington Association of Sheriffs and Police Chiefs (WASPC) Grant to Purchase One Radar/Lidar Device-approved MOTION BY DEPUTY MAYOR DUCLOS TO APPROVE THE CONSENT AGENDA AS PRESENTED; SECOND BY COUNCILMEMBER FREEMAN. The motion passed unanimously. 6. COUNCIL BUSINESS a. Assiqnment of the Purchase and Sale for the Old AMC Theater Site Economic Development Director Patrick Doherty gave a brief staff report and history on this project. If approved, this would assign the current contract from United Properties to Twin Development with a closing date of September 30, 2010. Mr. Doherty answered various clarifying questions from Councilmembers. MOTION BY COUNCILMEMBER DOVEY TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND ANY RELATED DOCUMENTS, PRIOR TO THE CLOSING DATE; SECOND BY BURBIDGE. The motion passed 6-1; Ferrell dissenting. 7. INTRODUCTION / FIRST READING OF ORDINANCES a. Council Bill #547 Speed Limits — Proposed Chanqes AN ORDINANCE of the City of Federal Way, Washington, relating to Speed Limits; amending FWRC 8.30.040. Deputy City Clerk Courtney read the ordinance title into the record. DEPUTY MAYOR DUCLOS MOVED THE ORDINANCE TO SECOND READING/ENACTMENTAT THE NEXT REGULAR CITY COUNCIL MEETING; BURBIDGE SECOND. The motion passed unanimously. b. Council Bill #548 Residential Off-Street Parkinq Requirements AN ORDINANCE of the City of Federal Way, Washington, relating to residential off-street parking; amending FWRC 19.05.140; amending FWRC 19.130 Article VII; and repealing FWRC 19.130.230. Deputy City Clerk Courtney read the ordinance title into the record. Federal Way City Council Regular Meeting Minutes September 7, 2010 — Page 3 DEPUTY MAYOR DUCLOS MOVED TO SEND THIS ORDINANCE BACK TO THE LAND/USE TRANSPORTATION COMMITTEE FOR FURTHER PUBLIC INPUT; COUNCILMEMBER DOVEY SECOND. The motion passed unanimously. c. Council Bill #549 Uqdate the Federal Wav Revised Code to Reflect the Chanqe Government to Mavor-Council. AN ORDINANCE of the City of Federal Way, Washington, relating to Reflecting the Change of Government to the Mayor-Council in the Federal Way Revised Code; amending FW RC Sections 1.05.020; 1.15.160; 1.15.080; 1.30.040; 1.35.050; 2.05.060; 2.29.050; 2.29.070; 2.45.020; 2.45.050; 2.45.080; 2.50.040; 2.55.010; 2.55.030;2.55.040; 2.60.060; 2.65.050; 2.70.030; 2.80.050; 2.85.030; 3.05.010; 3.10.020; 3.20.020; 3.35.090; 3.45.030; 3.50.010; 3.50.020; 3.50.030; 3.50.040; 3.50.080; 3.50.090; 3.50.100; 3.50.110; 3.50.120; 3.50.130; 3.50.140; 3.50.150; 3.50.160; 3.50.170; 3.50.180; 3.50.190; 3.50.200; 3.50.210; 3.50.220; 3.50.230; 3.50.240; 3.50.250; 3.50.260; 3.50.270; 3.50.280; 3.50.290; 3.50.300; 3.50.310; 3.50.320; 3.50.330; 3.50.340; 3.50.350; 3.50.360; 3.50.380; 3.50.390; 6.10.110; 6.50.050; 7.03.020; 8.15.090; 8.30.040; 12.25.090; 19.40.050; 19.60.030; 19.80.050; 19.95.090. Deputy City Clerk Courtney read the ordinance title into the record. Councilmember Freeman asked clarification questions. COUNCILMEMBER DOVEY MOVED THE ORDINANCE TO SECOND READING/ENACTMENT AT THE NEXT REGULAR CITY COUNCIL MEETING; DEPUTY MAYOR DUCLOS SECOND. The motion passed unanimously. 8. COUNCIL REPORTS Councilmember Freeman reported the Public Works Department is hosting a recycling event on September 18 th . He further announced the Martin Luther King Jr. Celebration Committee is seeking nominations to honor citizens for their community service work. Councilmember povey announced everyone is invited to an Open House at Va11ey Communications where you can tour the facility. He noted the SCORE facility now has a total of five employees who have all come from various other local agencies. Councilmember Burbidge reported the next Parks, Recreation, Human Services, Public Safety Council Committee meeting is September 14"' at 5:30 pm. She further reported on various regional meetings and community events. Councilmember Ferrell reported he recently attended King County Councilmember Pete Von Reichbauer's Good Egg Breakfast. He further encouraged citizens to attend the Sand Castle Competition which will be held throughout the next month. Councilmember Park reported on his attendance at regional meetings and noted the next meeting of the Finance, Economic Development, and Regional Affairs Council Committee will be held September 28 at 5:30 pm. Deputy Mayor Duclos reported on her attendance at various regional meetings and reported the Multi Service Center has finally moved into their new facility and are pleased with the new space. Mayor Kochmar encouraged citizens to participate in the Mayor's Month of Concern for the Hungry. She noted many stores including: Fred Meyers, Top Food, Wall Mart, Safeway and City Hall will be Federal Way City Council Regular Meeting Minutes September 7, 2010 - Page 4 accepting canned food donations on September 25 9. CITY MANAGER REPORT City Manager/Police Chief Brian Wilson reported on the recent officer involved shooting and subsequent investigation. He further announced the planned Executive Session for tonight's meeting has been canceled. 10. EXECUTIVE SESSION • . . -CANCELED • . . ' - CANCELED . . . -CANCELED • . . - CANCELED 11. ADJOURNMENT There being nothing further to discuss, Mayor Kochmar adjourned the regular meeting of the Federal Way City Council at 8:40 pm. ATTEST: Stephanie Courtney, CMC Deputy City Clerk Approved by Council on: Federal Way City Council Regular Meeting Minutes September 7, 2010 — Page 5 ��Z1 j10 COUNCIL MEETING DATE: c°^*��A- CITY COUNCIL AGENDA BILL � � ITEM #: "�'��' SUB.TECT: Speed Limit Ordinance - Proposed Changes POLICY QUESTION Should Council amend Federal Way Revised Code (FWRC) 8.30.040 to increase, decrease or modify speed regulations at specified locations? COMMITTEE Land Use and Transportation Committee CATEGORY: ❑ Consent ❑ City Council Business � Ordinance ❑ Resolution STAFF REPORT BY: Mar CITY OF FEDERAL WAY Zukowski, P.E., Senior Traffic Er� MEETING DATE: AUgust 2, 2O1 O ❑ Public Hearing ❑ Other ,DE�': Public Works Attachments: Memorandum to Land Use and Transportation Committee dated August 2, 2010. Options Considered: 1. Approve the proposed ordinance amending FWRC 8.30.040 as presented. 2. Do not approve the proposed ordinance and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the September 7, 2010 City Council Ordinance agenda for first reading. CITY MANAGER APPROVAL: �� .'�(n� ��'� a ��IRECTOR APPROVAL: Ci�� 1 �� "' � Committee Council Committee Council COMMITTEE RECOMMENDATION: I .�_ _ �- Dini Duclos, Chair PROPOSED COUNCIL MOTION(S): Member 1 READING OF ORDINANCE (9/7/2010) I move to forrvard the ordinance to a second reading for enactment on the 9/21/2010 City Council ConsentAgenda. 2 11D READING OF ORDINANCE (9/21/2010) `7 move approval of the proposed ordinance amending FWRC 8.30.040. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED lsr reading �1 ❑ TABLED/DEFERREDlNO ACTION /' -/� Enactment reading � MOVED TO SECOND READING (ordinances only�,�,J(j ��Q �� j� ORDINANCE # REVISED — 02/06/2006 �� w v RESOLUTION # K:\COUNCIL\AGDBILLS\2010\09-07-10 revised from 04-20-10 Speed limit ordinance changes Agenda BiII - Ordinance.doc CITY OF FEDERAL WAY MEMORANDUM DATE: August 2, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager/Police Chief FROM• Maryanne Zukowski, P.E., Senior Traffic Engineer ,"�,/� ' Cary M. Roe, P.E., Director of Parks, Public Works an mergency ManagemenlCi''''► i SUBJECT: Speed Limit Ordinance - Proposed Changes BACKGROUND: �eed Limit Ordinance The City Council has authority to determine all speed limits in Federal Way, except on state highways where the Washington State Transportation commission has sole authority. Streets not explicitly defined in the code default to the state maximum speed limit, which is 25 mph on city streets. The City Council also has the authority to reduce the minimum speed limit of 25 mph to 20 mph under special considerations. Staff is updating the code for speed limits within the new annexation areas since 2005, park roads, gravel roads, and staff requests for three street locations. Citizen requests for the revision of existing speed limits on three major streets have been received this year. 1) Newly annexed areas where posted limits exist that are not defined by code include the following: Military Rd S: S 320 St to SR18 Milton Rd S: S 369�' St to S 376�' St 2) All park internal roadways where posted speed limits exist that are not defined by code and any future internal park road are proposed at 20 mph and include the following: French Lake Park Steel Lake Park Steel Lake Maintenance Celebration Park Community Center Saghalie Park Lake Killarney Park Land Use and Transportation Committee 3) Traffic Staff requests include the following locations: City Center 20 Ave S: S 312�" St to S 320 St (increase from 25 mph to 30 mph) S 317�' St: 23r Ave S to 28 Ave S(reduction from 35 mph to 30 mph) 18�' Pl South: S 341 Pl to S 344 St (adopt posted speed limited at 20 mph) 4) Citizen requests include the following locations: S 359 St: SR99 to 16�' Ave S(reduction from 35 mph to 25 mph) S 372" St: Milton Rd S to Milton Rd S(reduction from 35 mph to 25 mph) City Center 23 Ave S: S 312 St to S 317`� St (increase from 25 mph to 30 mph) Gravel roadways citywide without posted speed limits (see Table 1) ANALYSIS Speed Limit Ordinance The federal Manual on Uniform Traffic Control Devices, adopted by the city in FWCC Section 19.135.060, lists the following criteria for determining appropriate speed limits: a. Road surface characteristics, shoulder condition, grade, alignment, and sight distance; b. The 85�' percentile speed and pace speed; c. Roadside development and culture, and roadside friction; d. Safe speed for curves or hazardous locations within the zone; e. Parking practices and pedestrian activity; f. Reported accident experience for a recent 12-month period. Another criterion that staff would consider is consistency with speed limits on similar streets. The Institute of Transportation Engineer's Traffic Engineering Handbook provides the following rationale and guidance for setting speed limits: ■"Proper use of speed regulation is based on the recognition that lower speed reduces stopping distances and generally reduces severity of accidents." ■"Speed regulations and speed limits are intended to supplement motorists' judgment in determining speeds that are reasonable and proper for particular traffic, weather, and roadway conditions." ■"However, if drivers do not consider speed regulations to be reasonable, the limits will be disobeyed and lose much of their value." ■"...the more a driver deviates from the average speed of traffic, the greater his or her chance of being involved in an accident." ■"The 85 percentile speed as determined by speed studies is a principal factor to be used in the determination of proper speed limits. It is generally assumed that 85% of drivers operate at speeds that are reasonable and prudent for the conditions present in each situation. Hence the 85`" percentile speed of a spot-speed distribution is a first approximation of the speed zone that might be imposed, subject to consideration of other factors, as listed above [citing MUTCD criteria]." k:�I.UTC\2010\8-2-10 Speed Limit Ordinance — Proposed Changes Staff Memo.doc Land Use and Transportation Committee 1) Annexed areas where posted speed limits exist that are not defined by code include the following: Military Rd S: S 320 St to SR18 (45 mph) Milton Rd S: S 369 St to S 376 St (35 mph) The City has limited collision data on which to base a change in existing speed zones and no requests have been made to revise these areas. Therefore, staff recommends that the existing speed limits be adopted and codified. 2) All park internal roadways (depicted in Exhibit A) where posted speed limits exist that are not defined by code and any future internal park road are proposed at 20 mph and include the following: French Lake Park Steel Lake Park Steel Lake Maintenance Celebration Park Community Center Saghalie Park Lake Killarney Park T'he City Law Department findings dictate that internal roads in City parks qualify as "highways" by statute, and are therefare subject to the statute that limits a city's ability to set speed limits to between 20 and 60 mph. Therefore, staff recommends that the existing speed limits be adopted and codified for these parks. 3) Traffic Staff requests include the following locations: Cit Center 20 Ave S: S 312�' St to S 320 St 20 Ave S is a two-lane principal collector with a two-way left turn lane and bike lanes. This roadway is parallel to 23rd Ave S. The posted speed limit is 25 mph, the 85` percentile for S 312�' St to S 316 St is 32.2 mph and the 10 mph pace is 23 mph to 33 mph. The 85�' percentile for the S 316�' St to S 320�' St is 313 mph and the 10 mph pace is 22 mph to 32 mph. The roadside is developed multi-family and commercial while planned for mixed-use high-rise in the vicinity. The corridor collision history for the last recorded 5 years is listed below: 2005 0 collisions 2006 1 collisions — Fixed Object / Parked Vehicle 2007 1 collisions — Head On 2008 0 collisions 2009 2 collisions - Rear End Staf the speed limit on this roadway be increased to 30 mph. k:\LUTC�2010\8-2-10 Speed Limit Ordinance - Proposed Changes Staff Memo.doc Land Use and Transportation Committee S 317 St: 23` Ave S to 28�' Ave S S 317` St between 23` Ave S to 28 Ave S is a two lane minor arterial with curbside sidewalks, on-street parking, and has one mid block pedestrian crossing. S 317�' St connects direct access from I-5 to the Regional Transit Facility for High Occupancy Vehicles. The 85 percentile speed is 34 mph, with a 10 mph pace speed of 23 to 32 mph with 58% within that range. Adjacent properties are commercial, retail, and multifamily housing. Currently on-street parking is permitted, and pedestrian activity is relatively moderate to low. The corridor collision history for the last recoded 5 years is listed below: 2004 2005 2006 2007 2008 1 collision - Parked Vehicle 1 collision - Sideswipe, 1 collision - Parked Vehicle 1 collision - by Rear End 2 collisions - Parked Vehicle, 2 collisions - by Approach Turn 3 collision by - Right Angle, 1 collision - by Rear End, 1 collision - by Backing Up Since the opening of the S 317 St direct access ramps and the Regional Transit Facility Center, there are a significant amount of buses using this corridor and an increase in vehicles using this route. Because of the collision types above with parked vehicles and the significant increase in turning traffic, the 2010 overlay of this roadway segment will eliminate parking and provide a two way left turn lane. In order to provide for this safety component, a parking buffer between pedestrian and vehicles is removed. Staff recommends reducing the speed limit on this roadway to 30 mph. 18' Pl S: S 341 St to S 344�' St The Developer Agreement between the City of Federal Way and Christian Faith Center provides for a 20 mph speed zone for the private school walking area of 18�` Pl S. Therefore, staff recommends that the existing 20 mph speed limit be adopted and codified. 4) Analysis of each citizen request follows. S 359 St: SR 99 to 16�' Ave SW S 359�' St is a two-lane minor collector with a posted speed limit of 35 mph. This section of roadway has some paved shoulders that vary in width. The horizontal alignment is mostly straight with one gentle curve. The 85 percentile speed is 39 mph and the 10 mph pace is 29 to 39 mph with 69% within this range. Adjacent land use is single-family residential and vacant property. There is little parking activity along the roadway's shoulders. Although there is limited pedestrian activity, portions of the street are used by high school students walking to and from Todd Beamer High School. There are no reported mid-block collisions in the last 5 years to support any existing safety issue. k:�LUTC\2010\8-2-10 Speed Limit Ordinance - Proposed Changes Staff Memo.doc 4 Land Use and Transportation Committee Speed data was collected during the school year. Staff performed an additional speed study in the summer months to evaluate the influence of vehicles driven to the high school. The results of the additional speed study were the same. Staff is recommending the speed limit remain at 35 mph along this roadway. S 372 St: Milton Rd S to Milton Rd S S 372 Street and Milton Rd South is a two-lane principal collector with a posted speed of 35 mph. Shoulders are surfaced with a combination of gravel and paved surfaces with widths ranging from two to four feet. The 85�' percentile speed is 39.6 mph and the 10 mph pace speed is 31 to 41 with 7$% of drivers in this range. The roadside is lightly developed with single-family residential homes. There are two horizontal curves, one with a posted advisory speed of 20 mph. There have been four collisions reported in five years all being property damage only. Since the 85` percentile is within the target range for a posted speed limit and the reported collision history is small, staff recommends the speed limit remain at 35 mph. Of concern is the amount of damage the guardrail is incurring from vehicle collisions that are not reported at the curve. Staff recommends that we research other countermeasures to remind drivers of curve advisory speeds. City Center 23 Ave S: S 312�` St to S 317�' St 23` Ave S is a two-lane principal collector with a center two-way left turn lane, bike lanes and sidewalks on both sides. The posted speed limit is 25 mph, the 85�' percentile is 32.4 mph and the 10 mph pace is 23 mph to 33 mph. The roadside is developed multi- family and commercial while planned for mixed-use high-rise in the vicinity. The corridor collision history for the last recorded 5 years is listed below: 2005 2 collisions — Fixed Object / Parked Vehicle and Rear End 2006 2 collisions — Rear End and Approach Turn 2007 2 collisions — Right Angle and Head On 2008 4 collisions - Ped/Cyclist and Right Angle and two (2) Rear Ends Approximately ten (10) years ago, Council directed a reduction of speed to 25 mph. The current ordinance does not reflect this change. The 85 percentile is within the target range for a posted speed limit and the connecting roadway of the 23` Ave S corridor is 30 mph. Therefore, staff recommends changing the signs posted at a speed of 25 mph to 30 mph consistent with the current ordinance and the eorridor. k:\LUTC�2010\8-2-10 Speed Limit Ordinance — Proposed Changes Staff Memo.doc Land Use and Transportation Committee Gravel Roads Gravel roadways citywide without posted speed limits include the locations listed in Table 1(below). Gravel roadways citywide currently are not maintained by the Public Works Department and are not part of the enforcement areas of the City Police Department. Posting speed limits on gravel roadways will require signage for officer enforcement and City maintenance. Staff recommends that speed limits on gravel roadways remain unchanged. Table 1. City of Federal Way — Gravel Roads GRAVEL ROAD 2 AVE SW 3 AVE SW 3 AVE SW 3 AVE SW 4 AVE SW 4 AVE SW 5 AVE S 5 AVE SW 6 AVE SW 7 AVE SW 12 AVE SW 13 AVE SW 14 AVE SW 14 AVE SW 15 AVE S 22 AVE S 33PLSW 43 AVE SW 43 AVE SW 43 AVE SW S 276 ST S 293 ST S 297 PL SW 307 ST SW 308 ST SW 310 ST SW 320 ST S 340 ST S 340 ST SW 347 ST S 351 ST SW 361 ST SW 363 ST SW 366 ST SW 371 ST BEGIN SW 374 ST SW 366 ST SW 368 ST SW 368 ST EOR S SW 372 ST 5 WAY S SW 371 ST SW 368 ST SW 368 ST EOR N SW 361 ST SW 360 ST SW 361 ST S 330 ST S 330 ST SW 344 ST HOYT RD SW HOYT RD S W HOYT RD SW PACIFIC HWY S 18 AVE S 20 AVE S 43 AVE SW EOR W 44 AVE SW EOR E 16 AVE S 18PLS 21 AVE SW PACIFIC HWY S 14 SVE SW 14 AVE SW 3 AVE SW 4 AVE SW END SW 366 ST SW 356 ST S312ST SW 346 ST SW 363 ST SW 361 ST SW 363 ST S 332 ST 44 AVE SW 53 AVE SW 18PLS 13 AVE SW 13 AVE SW 6 AVE SW 5 AVE SW k:\LUTC�2010\8-2-10 Speed Limit Ordinance - Proposed Changes Staff Memo.doc � � - - ---- - � _ -. _ , _ � � F� t � ' - � tt.�- �°` .. . 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AN ORDINANCE of the City of Federal Way, Washington, relating to Speed Limits; amending FWRC 8.30.040. (Amending Ordinance Nos. 03-449, 00-364, 96-259, 93-177, and 90-29) WHEREAS, The state traffic laws regulating the speed of vehicles shall be applicable upon all streets within the city, except that the legislative authority of the city, as authorized by state law, may declare and determine by order, rule or regulation, properly adopted, that certain increased or decreased speed regulations shall be applicable upon specified streets or in certain areas, in which event it is unlawful for any person to operate a vehicle at a speed in excess of the speed so established when proper signs are in place giving notice thereof; and WHEREAS, Whenever conditions are found to exist upon an arterial street or highway which warrant an increase in the speed permitted by state law, the city council, subject to the approval of the state highway commission in cases involving state highways, shall determine and declare a reasonable and safe maximum speed limit for such arterial street or highway, or portion thereof, not to exceed 60 miles per hour; and WHEREAS, Whenever it is deemed inadvisable for vehicles to operate at the maximum speed allowed by state law on any portion of a street or public highway on account of a sharp curvation, highway construction or repairs, excessive traffic, any dangerous condition, or other temporary or permanent cause, the city council, subject to the approval of the State Highway Commission in cases involving state highways, shall determine and fix a lower maximum speed or otherwise regulate a lesser speed; provided, that in no case shall the maximum speed be reduced to less than 20 miles per hour; and Ordinance No. 10- Page 1 of 4 Rev 1/10 WHEREAS, this ordinance is in the interest of the public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l. FWRC 8.30.040 is hereby amended to read as follows: 8.30.040 Schedule. The maximum speed limits set forth in the following schedule of speed limits are hereby established as the reasonable and safe maximum speed limits to be effective at all times upon the streets and highways designated in the schedule. The city manager shall cause appropriate signs to be erected on such streets and highways, giving notice of the speed limits, as provided in this chapter. (1) Speed limit 20 mph No person shall o�erate a motor vehicle upon the following described roads in excess of 20 m�h: All internal Parks roads. 18 Place South between South 341 Place and South 344`" Street. {�} � Speed limit 30 mph. No person shall operate a motor vehicle upon the following described roads in excess of 30 miles per hour: 9th Avenue South, between South 336th Street and South 348th Street. l lth Place South, between South 320th Street and South 324th Street. 20th Avenue South, between South 312th Street and South 320th Street. 16th Avenue South, between South 356th Street and South 364th Way. 23rd Avenue South, between South 312th Street and South 324th Street. South 304th Street, between Pacific Highway South and Military Road South. South 317 Street. between 23rd Ave S Avenue South and 28 Avenue South. South 324th Street, between 1 lth Place South and 23rd Avenue South. South 364th Way, between 12th Avenue South and 16th Avenue South. Southwest 356th Street, between 20th Avenue Southwest and Pierce County. {� �3,� Speed limit 35 mph. No person shall operate a motor vehicle upon the following described roads in excess of 35 miles per hour: lst Avenue South, between South 296th Street and South 356th Street. 12th Avenue South, between South 372nd Way and South 364th Way. 16th Avenue South, between South Dash Point Road and Pacific Highway South, and between Pacific Highway South and 348th Street. lOth Avenue Southwest, between Southwest Campus Drive and 6th Avenue Southwest. 21st Avenue Southwest, between Southwest Dash Point Road and Southwest 356th Street. 28th Avenue South, between South 304th Street and South 317th Street. South 288th Street, between Pacific Highway South and F.A.I. #5. South and Southwest 312th Street, between Southwest Dash Point Road and 28th Avenue South. Ordinance No. 1 D- Page 2 of 4 Rev 1/10 c ��, � i �+�. ��,-oo� �.o�..,00„ �Q��, n..o c,,,,*t, .,ra ��,-a n.,o,,,,o c,,,,.t, � • South and Southwest 320th Street, between 1,000 feet west of lst Avenue South and F.A.I. #5 and between 21 st Avenue Southwest and 47th Avenue Southwest. South 336th Street, between lst Way South and Weyerhaeuser Way South. Southwest 336th Street, between 21 st Avenue Southwest and 26th Place Southwest. Southwest 336th Way, between 26th Place Southwest and 30th Avenue Southwest. Southwest 340th Street, between 30th Avenue Southwest and Hoyt Road Southwest. South 344th Street, between Weyerhaeuser Way South and 1,500 feet east of Weyerhaeuser Way South. Southwest 344th Street, between 21 st Avenue Southwest and 35th Avenue Southwest. South 348th Street, between 1 st Avenue and Pacific Highway South. South 356th Street, between lst Avenue South and 16th Avenue South. South 359th Street, between Pacific Highway South and 16th Avenue South. South 373rd Street, between Pacific Highway South and South 372nd Way. South 372nd Way, between 12th Avenue South and South 373rd Street. Hoyt Road Southwest, between Southwest Dash Point Road and Pierce County. Milton Road South, between Enchanted Parkway South and South ��' 376th Street. Redondo Way South, between South Dash Point Road and the South 284th Street (if extended). Southwest Campus Drive, between 1 st Avenue South and 21 st Southwest. South Star Lake Road, between South 272nd Street and Military Road South. Weyerhaeuser Way South, between South 320th Street and South 349th Street. {�} � Speed limit 40 mph. No person shall operate a motor vehicle upon the following described roads in excess of 40 miles per hour: South and Southwest 320th Street, between 21 st Avenue Southwest and 1,000 feet west of 1 st Avenue South and between F.A.I. #5 and 1,000 feet east of Weyerhaeuser Way South. Southwest 356th Street, between lst Avenue South and 20th Avenue Southwest. Military Road South, F.A.I. #S at South Star Lake Road and F.A.I. #5 at South 307th Street (if extended). (5) Speed limit 45 mph. No person shall operate a motor vehicle upon the followin� described roads in excess of 45 miles per hour: Militarv Road South, between South 320th Street and State Route 18. 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 Ordinance No. 1 D- Page 3 of 4 Rev 1/10 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 conection of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any referencesthereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, L1NDA 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.: Orrlinance No. 10- Page 4 of 4 Rev 1/10 �jz� ��a � c COUNCIL MEETING DATE: , ITEM #: �"'�. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: UPDATE THE FEDERAL WAY REVISED CODE TO REFLECT THE CHANGE IN GOVERNMENT TO MAYOR-COUNCIL POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED ORDINANCE TO REFLECT THE CHANGE IN THE FORM OF GOVERNMENT TO MAYOR-COUNCIL IN THE FEDERAL WAY REVISED CODE? COMMITTEE N/A CATEGORY: ❑ Consent ❑ City Council Business 111 � Ordinance Resolution MEETING DATE: ❑ Public Hearing ❑ Other STAFF REPORT BY: Patricia Richardson City Attorne� DEPT: Law _ ........................................_..__......_..._._....._.............._._.................._..................._................................__...._�...__......... ......................................... ._............._...................._..................................................................................._........................_........._...__........---------------._._.._...__......_..-- Attachments: The proposed ordinance modifications to the FWRC to reflect the Mayor-Council form of government were discussed in the July 6` and August 3' Special Sessions and reflect Council's direction. Options Considered: 1. Approve the proposed ordinance to the Federal Way Revised Code, which reflects the change in the form of government to Mayor-Council. 2. Modify the proposed ordinance to the Federal Way Revised Code, which _ reflects the change in the form of government_to Mayor-Council._ __ ___ __ __ ________ STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL: �-�"�'�y� �'�� 1� 1)IRECTOR APPROVAL: �� Committe �� Council Committee Council COMMITTEE RECOMMENDATION N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (DATE): I move to forward the ordinance to a second reading f or enactment on the September 21, 2010 consent agenda. 2 ND READING OF ORDINANCE (CONSENT AGENDA DATE): `7 move approval of the ordinance revising the Federal Way Revised Code to reflect the change in the form of government to Mayor-Council to be effective after the certification of the election. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # � ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading a'�'( � MOVED TO SECOND READING (ordinances onlyJ� �� i��Q ORDINANCE # REVISED-02/06/2006 � `�� RESOLUTION# .�$' ��,0.�e5 � 2 .2�• O� �x.�lCl 2. .2q . O-1a'�-' ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Reflecting the Change of Government to the Mayor-Council in the Federal Way Revised Code; amending FWRC Sections 1.05.020; 1.15.160; 1.15.080; 1.30.040; 1.35.050; 2.05.060; 2.29.050; 2.29.070; 2.45.020; 2.45.050; 2.45.080; 2.50.040; 2.55.010; 2.55.030;2.55.040; 2.60.060; 2.65.050; 2.70.030; 2.80.050; 2.85.030; 3.05.010; 3.10.020; 3.20.020; 3.35.090; 3.45.030; 3.50.010; 3.50.020; 3.50.030; 3.50.040; 3.50.080; 3.50.090; 3.50.100; 3.50.110; 3.50.120; 3.50.130; 3.50.140; 3.50.150; 3.50.160; 3.50.170; 3.50.180; 3.50.190; 3.50.200; 3.50.210; 3.50.220; 3.50.230; 3.50.240; 3.50.250; 3.50.260; 3.50.270; 3.50.280; 3.50.290; 3.50.300; 3.50.310; 3.50.320; 3.50.330; 3.50.340; 3.50.350; 3.50.360; 3.50.380; 3.50.390; 6.10.110; 6.50.050; 7.03.020; 8.15.090; 8.30.040; 12.25.090; 19.40.050; 19.60.030; 19.80.050; 19.95.090;. (Amending Ordinance Nos. 90-597;07-560; 99-342; 92-150; 93-190; 89-05; OS-494; OS-484; 01-397; 99-339; 07-567; 98-308; 96-258; OS-501; 91-84; 90-72; 96-281; 90-72; 92-139; 92-141; 95-253; 03-439; 91-93; 09-600; 02-432; 07-562; 96-262; 95-257; 89-12; 89-07; 91-121; 90-25; 93-196; 08-584; 09-539; 93-182; 91-89; 09-596; 09-593; 03-456; O1-393; 03-449; 00-364; 96-259; 93-177; 90-29; 91-110; 90-62; 97-291; 09-594; 97-291; 90-43; 02-426; 99-337; and 95-249) 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 Ordinance No. 10- Page 1 of 36 Rev 1/10 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 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 WHEREAS, the Federal Way Revised Code should be modified to delete all references to the city manager as that position will no longer exist 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. FWRC 1.05.020 is hereby amended to read as follows: 1.05.020 Definitions. The definitions in this section apply throughout the Code unless the context clearly requires otherwise or they are more specifically defined in a title, chapter, subchapter, or section. Terms not defined shall be given their usual meaning. "Abate" means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a violation of this Code by such means and in such a manner and to such an extent as the applicable department director, enforcement officer, or other authorized official determines is necessary in the interest of the general health, safety, and welfare of the community. "Act" means doing or performing something. "Applicant" means a person who, whether personally or through an agent, seeks, requests, submits, or applies for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC); and also a person who is the owner of a property in the city of Federal Way who is engaged, whether personally or through an agent, in development. "Applicant" includes both the principal and any agent. Ordinance No. 10- Page 2 of 36 Rev 1/10 "City" means the city of Federal Way, Washington, and shall extend to and include its officers, agents, and employees. "City council" or "council" means the city council of the city of Federal Way, Washington, acting in its official capacity. "Civil violation" means a violation for which a monetary penalty may be imposed, except traffic infractions. "Code"means the Federal Way Revised Code (FWRC), and includes any valid ordinances adopted by the city even though they have not been codified. "Costs" means, but is not limited to, contract expense and city employee labor expense incurred in abating a nuisance; a rental fee for city equipment used in abatement; costs of storage, disposal, or destruction; legal expenses and attorneys' fees associated with civil judicial enforcement of abatement orders or in seeking abatement orders; and any other costs incurred by the city excluding, however, fees and expenses associated with appeals authorized by this Code or by state law. "County" means King County, Washington. "Curb" means a cement, concrete, or asphaltic concrete raised structure designed to delineate the edge of the street and to separate the vehicular portion from that provided for pedestrians. "Development" means any human activity consisting of any construction, expansion, reduction, demolition, or exterior alteration of a building or structure; any use, or change in use, of a building or structure; any human-caused change to land whether at, above, or below ground or water level; and any use, or change in use, of land whether at, above, or below ground or water level. "DevelopmenY' includes, but is not limited to, any activity that requires a permit or approval under zoning ordinances, subdivision ordinances, building code ordinances, critical areas ordinances, all portions of a shoreline master program, surface water ordinances, planned unit development ordinances, binding site plan ordinances, and development agreements; including but not limited to any activity that requires a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding site plan, site development, or right-of-way use permit. "DevelopmenY' also includes, but is not limited to, filling, grading, paving, dredging, excavation, mining, drilling, bulkheading, driving of piling, placing of obstructions to any right of public use, and the storage of equipment or materials. "Development regulation" means controls placed on development or land uses, but does not include decisions to approve a project permit application even though they may be expressed in a resolution or ordinance. "Emergency" means a situation which in the opinion of the applicable department director or decision maker requires immediate action to prevent or eliminate an immediate threat to the health, welfare, or safety of persons, property, or the environment. "Enforcement official" or "enforcement officer" means any official designated by ordinance or by the ^�'�� ^�°^°^°rmavor to enforce the provisions of the Code or a section or sections of the Code and includes the city building official, city code enforcement officers, and law enforcement officers. "Highway" includes any street, alley, square, bridge, viaduct, tunnel, underpass, overpass, causeway, or public place in the city dedicated or devoted to public use. "Knowledge" means being aware of a fact or circumstance or having information which would lead a reasonable person in the same situation to believe a fact or circumstance exists. A person acts knowingly or with knowledge when that person either is aware of one or more facts, Ordinance No. 10- Page 3 of 36 Rev 1/10 circumstances, or results described by an ordinance defining an offense; or the person has information which would lead a reasonable person in the same situation to believe that facts, circumstances, or results exist which are described by an ordinance defining an offense. "Month" means a calendar month. "Oath" includes an affirmation where, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed." "Occupant" means any person occupying or having possession of property or any portion thereof. "Omission" means a failure to act. "Owner" as applied to a building or land includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of such building or land. "Person" means one or more individuals, firms, partnerships, corporations, sole proprietorships, trusts, incorporated or unincorporated associations, clubs, societies, marital communities, joint ventures, governmental entities, agencies, or other entities or groups of persons, however organized. "Personal property" includes every species of property except real property. "Property" includes real, personal, and mixed property. "Proprietor" includes any person whether acting by themselves or through a servant, agent, or employee. "Public place" means any place that is in common use by, or expressly or impliedly open to, the public, whether owned or operated by public or private interests, and includes but is not limited to any street, right-of-way, parking area, sidewalk, plaza, playground, school ground, park, cemetery, lake, stream, public conveyance, or business establishment open to the public. "RCW" means the Revised Code of Washington. "Rea/ property" includes lands, tenements, and hereditaments. "Right-of-way" means land owned, dedicated or conveyed to the public or a unit of government, used primarily for the movement of vehicles or pedestrians and providing for access to adjacent parcels, with the secondary purpose of providing space for utility lines and appurtenances and other devices and facilities benefiting the public. "Right-of-way" includes, but is not limited to, any street, easement, sidewalk, or portion thereof under the jurisdiction of the city. "Sidewalk" means any hard-surfaced walkways within a right-of-way between the portion of the road designed or ordinarily used for vehicular travel and the adjacent property line, intended for the use of, or ordinarily used by, pedestrians or bicycles, including driveways. "Signature" or "subscription" means the act of writing or affixing in any way a person's name or mark, whether personally or by direction or adoption, or the result of such act. "State" means the state of Washington. "Street" means any streets, avenues, boulevards, roads, alleys, lanes, viaducts, and all other public ways in the city. "Tenant"or "occupant"as applied to a building or land includes any person holding a written or oral lease of, or who occupies the whole or part of, such building or land, either alone or with others. "Violation" means an act or omission contrary to a provision or regulation of the Code, including but not limited to any development regulations; all standards, regulations, or procedures adopted pursuant to the Code; and the terms and conditions of any permit or Orclinance No. 10- Page 4 of 36 Rev 1/10 approval issued pursuant to the Code; and includes any act or omission at the same or different locations by the same person. "Written" or "in writing" includes any representation of words, letters, or figures, whether by printing or otherwise. Section 2. FWRC 1.15.080 is hereby amended to read as follows: 1.15.080 Abatement and additional enforcement procedures. (1) Abatement by city. The city may perform the abatement required upon noncompliance with the terms of an unappealed notice and order, a voluntary correction agreement, or a final order of the hearing examiner. The city may utilize city employees or a private contractor under city direction to accomplish the abatement. The city, its employees and agents using lawful means are expressly authorized to enter upon the property of the violator for such purposes. (2) Recovery of costs. The city shall bill its costs, including incidental expenses, of abating the violation to the person obligated to perform the work under the notice and order, voluntary correction agreement or the hearing examiner's decision, which costs shall become due and payable 30 days after the date of the bill. The term "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect, including attorneys' fees incurred by the city; costs incurred in documenting the violation; the actual expenses and costs to the city in the preparation of notices, specifications and contracts, and in inspecting the work; and the cost of any required printing and mailing. The ^�+�� ^ or designee, or the hearing examiner, may in his or her discretion waive in whole or part the assessment of any costs of abatement upon a showing that abatement has occurred or is no longer necessary, or that the costs would cause a significant financial hardship for the responsible party. The city may authorize the use of collection agencies to recover costs. The city attorney is authorized to collect the costs by use of appropriate legal remedies. (3) Obstruction with work prohibited. No person shall obstruct, impede or interFere with the city, its employees or agents, or any person who owns or holds any interest or estate in any property in the performance of any necessary act, preliminary or incidental to carrying out the requirements of a notice and order to correct, voluntary correction agreement, or order of the hearing examiner issued pursuant to this chapter. A violation of this provision shall constitute a misdemeanor. (4) Report to city council and hearing on cost of abatement. Where costs are assessed under this section and the person responsible fails to pay within the 30-day period, the enforcement official shall prepare a written itemized report to the city council showing the cost of abatement, including rehabilitation, demolition, restoration or repair of such property, including such salvage value relating thereto plus the amount of any outstanding penalties. (a) A copy of the report and a notice of the time and date when the report shall be heard by the city council shall be served on the person responsible for payment at least five days prior to the hearing before the city council. (b) The city council shall review the report and such other information on the matter as it receives and deems relevant at the hearing. The city council shall confirm or revise the amounts in the report, authorize collection of that amount or, in the case of a debt owed by a property owner, authorize placement of an assessment lien on the property as provided herein. (5) Assessment lien. Following the hearing and authorization by the city council, the city clerk shall certify to the county treasurer the confirmed amount. The county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and Orc�inance No. 10- Page 5 of 36 Rev 1/10 with interest at such rates as provided in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the general fund of the city. The lien shall be of equal rank with the state, county and municipal taxes. The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within 15 calendar days after the assessment is placed upon the assessment roll. (6) Additional remedies. Unless otherwise precluded by law, the provisions of this chapter may be used in lieu of or in addition to other enforcement provisions, including, but not limited to, other provisions in this Code, the use of collection agencies, or other civil actions including injunctions. Section 3. FWRC 1.15.160 is hereby amended to read as follows: 1.15.160 Improvement officer and appeals commission designated. (1) The city of Federal Way hearing examiner is designated as the city's improvement o�cer, and shall have the full scope of authority granted to that o�cial under Chapter 35.80 RCW except that the city building official, or his or her designee, shall provide all administrative functions such as the inspection of buildings, or portions thereof, for the purpose of determining whether any conditions exist which render such buildings dangerous or unfit pursuant to FWRC 1.15.170. (2) The city of Federal Way ' mavor, or his or her designee, is designated as the city's appeals commission, and shall have the full scope of authority granted to that commission under Chapter 35.80 RCW. Section 4. FWRC 1.30.040 is hereby amended to read as follows: 1.30.040 Initiative procedure by city clerk and city attorney. Upon filing of the proposed initiative measure, the city clerk shall assign a number to each such initiative petition and transmit one copy of the measure proposed, bearing such number, to the city council, the ' mayor, and to the city attorney. Within five days after the receipt of the initiative measure and this request, the city attorney shall issue a determination as to the appropriateness of the topic of the initiative measure as defined by this ordinance. In the event the initiative measure is determined valid pursuant to this ordinance, and within 14 days after the receipt of an initiative measure, the city attorney shall formulate therefor and transmit to the city clerk, the city council, the ' mayor, and the individual or group proposing such a measure, an initiative statement in the form of a question containing the essential features of the measure. Section 5. FWRC 1.35.050 is hereby amended to read as follows: 1.35.050 Pre-annexation con.comitant agreement. (1) Purpose. The intent of a pre-annexation concomitant agreement is to create a process to promote diversity and creativity in site design and to protect and enhance natural and community features. The process is provided to encourage unique developments that may combine a mixture of residential, commercial, office and industrial uses. By using flexibility in the provisions of a pre-annexation concomitant agreement, this process will promote developments that will benefit the citizens that live and/or work within the city. Ordinance No. 10- Page 6 of 36 Rev 1/10 (2) Application process — General description. The application process includes an informal review process, State Environmental Policy Act compliance, review by the city's long-range planning division and annexation review committee ("committee") and public hearings before the city council. (3) Committee defined. The city's annexation review committee shall consist of at a minimum: Mayor, planning manager, public works director, development services manager, parks director and city attorney. (4) Informal review process. An applicant shall meet informally with the committee to discuss any proposed pre-annexation concomitant agreement. The purpose of the meeting is to develop a proposal that will meet the needs of the applicant and the objectives of the city as defined in this chapter. (5) SEPA. The State Environmental Policy Act regulations, and city SEPA requirements shall be completed prior to formal review by the long-range planning division and the committee. (6) Concomitant review. After informal review and completion of the SEPA process, the proposals shall next be reviewed by the city's long-range planning division and the committee. (7) Recommendation to city council. The planning manager shall prepare a recommendation to the city council on the proposed pre-annexation concomitant agreement, which recommendation shall incorporate the comments of the committee. (a) Decisional criteria. The recommendation shall be guided by the following criteria: (i)(A) The proposed pre-annexation concomitant agreement shall have a beneficial effect upon the community and users of the development which would not normally be achieved by traditional application of city zoning districts and shall not be detrimental to existing or potential surrounding land uses as defined by the comprehensive plan. (B) Benefits may include, but are not limited to, the securing of annexation of properties: (I) Located on critical transportation corridors; (II) Of historical significance; (III) Of environmental significance; (IV) Or to preserve an existing significant land use or community. (ii) Unusual environmental features of the site shall be preserved, maintained and incorporated into the design to benefit the development in the community. (iii) The proposed pre-annexation concomitant shall provide for areas of openness by using techniques such as clustering, separation of building groups, and use of well-designed open space and/or landscaping. (iv) It is consistent with the comprehensive plan. (v) It is consistent with the public health, safety and welfare. (b) Content. The recommendation to council shall include any conditions or restrictions that the committee determines are reasonably necessary to eliminate or minimize any undesirable effects of approving the pre-annexation concomitant application. In addition, the recommendation shall include: (i) A statement recommending approval, modification or denial of the application. (ii) Any conditions or restrictions that are imposed. (iii) The identification of the existing Federal Way zoning designation most compatible to the terms of the concomitant, which the concomitant shall overlay. (iv) A statement of facts that support the decision, including any conditions and restrictions that are imposed. (v) A statement of the conclusions based on those facts. (vi) A statement of the criteria used in making the recommendation. Ordinance No. 10- Page 7 of 36 Rev 1/10 (vii) The date of the recommendation. (8) Council action. Council action shall be as described in FWRC 1.35.040(2), (3) and (4). Section 6. FWRC 2.05.060 is hereby amended to read as follows: 2.05.060 Determination of exclusion. The determination of whether an official or employee shall be afforded a defense by the city under the terms of this chapter shall be made by the city council on the recommendation of the s+#�-�a�mavor. The decision of the city council shall be final as a legislative determination and shall be based upon a finding that the claim or suit against an official or employee meets or does not meet the criteria of this chapter. Nothing in this section shall preclude the city from undertaking an officer or employee's defense under a reservation of rights. The determination as to whether to furnish a defense as provided under this chapter to a member or members of the city council shall be made without the vote of such member of the city council unless the inclusion of such member or members is required for a quorum; provided, that if a claim or lawsuit affects a quorum or greater number of the members of the city council, all such affected members shall retain their voting privileges under this section. Section 7. FWRC 2.29.050 is hereby amended to read as follows: 2.29.050 Municipal judge. (1) Appointment. Within 30 days after the effective date of the ordinance codified in this chapter, the ' mayor shall appoint a municipal judge, who shall commence work on or about December 15, 1999, and who shall work less than a full-time equivalent as defined in RCW 3.50.055 as it now exists or may hereafter be amended. Pursuant to RCW 35A.13.080, this appointment is subject to confirmation by the city council. (2) Term. The municipal court judge shall serve a term of two years, with the initial appointment of the judge under this chapter expiring December 31, 2001. On or before December 1, 2001, the ' mavor shall make an appointment of a judge for a term commencing January 1, 2002, and expiring December 31, 2005; provided, that the judicial position continues as a less than full-time equivalent position as defined in RCW 3.50.055 as it now exists or may hereafter be amended. Effective January 1, 2006, the municipal court judge shall be a full-time elected position of 40 hours per week. The relevant election will be held during the general election in the fall of 2005. The term length and frequency of elections will proceed as required under RCW 3.50.050 as it now exists or may hereafter be amended. (3) Judicial qualifications. At the time of the appointment or election, the person appointed or elected shall be qualified for the position of municipal judge under city rules as the city council may adopt by resolution or ordinance and state statutes, such as RCW 3.50.040 and 3.50.050. (4) Additional judges. Additional full- or part-time municipal judge positions will be filled in accordance with RCW 3.50.055 and 3.50.070 as they now exist or may hereafter be amended, when in the judgment of the ^�+�� ^ and/or the city council, as applicable, the public interest and the administration of justice makes such additional judge or judges necessary. (5) Judges pro tem. The municipal court judge shall, in writing, appoint judges pro tem who shall serve in absence, disability, or disqualification of the regular judge of the municipal court, subsequent to the filing of an affidavit of prejudice, or when the administration of justice and the accomplishment of the work of the court make it necessary. A pro tem judge's term of appointment shall also be specified in writing. The judges pro tem shall receive such compensation as is received, on an hourly basis, by the municipal judge, or as otherwise fixed Orclinance No. 10- Page 8 of 36 Rev 1/10 by resolution or by the ordinances of the city. The judges pro tem shall meet the qualifications required for the position of judge of the municipal court as provided herein. Before entering upon judicial duties, each judge pro tem shall take, subscribe, and file an oath in the same form as that of the duly appointed municipal judge, and thereafter shall have all of the powers of the appointed municipal judge. When deemed necessary, the municipal court judge may make a temporary appointment of a judge pro tem, to preserve an individual's rights according to law, or to respond to emergency circumstances, effective for up to one week. (6) Vacancy. Any vacancy in the municipal court due to death, disability, or resignation of a judge shall be filled by the ' mayor, for the remainder of the unexpired term. The appointment shall be subject to the confirmation of the city council. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this section. (7) Removal. During the term of his or her appointment or election, a municipal court judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office; provided, that a municipal court judge is also subject to disciplinary actions by the commission on judicial conduct and the Supreme Court, as described in Chapter 2.64 RCW. (8) Oath. Every judge of the municipal court, before entering upon the duties of the o�ce, shafl take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge of the Municipal Court of the City of Federal Way, according to the best of my ability. The oath shall be filed in the office of the King County auditor and with the Federal Way city clerk. (9) Bonds. Every municipal court judge shall give such bonds to the state and city for the faithful performance of the judge's duties as may be required by law or city ordinance. (10) Compensation. Pursuant to RCW 3.50.080, the compensation for the municipal court judges shall be set by the city council by ordinance. Commencing January 1, 2006, the annual salary shall be $115,911.40, which is 95 percent of district court judges' salary, and shall be maintained thereafter at 95 percent of the district court judges' salary as set by the State Salary Commission. The municipal court judge shall receive the same benefits as the nonrepresented city employees. Section 8. FWRC 2.29.070 is hereby amended to read as follows: 2.29.070 Court operation. As part of anv budqetarv presentation the Presidinq Judge and/or desiqnee will provide the Mavor and or designee a suqqested budqet for the court as part of the budqetinq process. The Mayor and/or desiqnee will consider the court's suqqested budqet as part of the Mavor's budqet , recommendation e�--�� to the city council. The �+-ar�al budget for the municipal court shall be approved by the city council. All employees of the municipal court shall, for all purposes, be deemed employees of the city. They shall be subject to applicable provisions of city personnel guidelines, and state laws, such as RCW 3.50.080. Orclinance No. 10- Page 9 of 36 Rev 1/10 Section 9. FWRC 2.45.020 is hereby amended to read as follows: 2.45.020 Creation — Appointment. There is hereby created a police civil service commission, consisting of five members who shall be appointed by the ^�� ^�°^�^°rmayor to exercise the powers and perform the duties established by this chapter and by state law as set forth in Chapter 41.12 RCW in connection with the selection, appointment, promotion, demotion and employment of employees of the police department. Two alternate commissioners shall be appointed to the civil service commission by the s+t�-r�a�a�e�mayor. The police chief shall be exempted from civil service, as well as a number of additional positions, designated as the unclassified service, as selected by the police chief with the concurrence of the �age�mayor and the civil service commission as provided for in RCW 42.12.050. Volunteers, reservists, part-time, or seasonal employees of the police department shall be exempted from civil service. The commissioners shall serve without compensation; provided, however, that they may be reimbursed for expenses incurred in service as a commissioner. Section 10. FWRC 2.45.050 is hereby amended to read as follows: 2.45.050 Removal. Any commissioner or alternate commissioner may be removed from office for incompetency, incompatibility, dereliction of duty, malfeasance in office, or other good cause; provided, however, that no commissioner or alternate commissioner shall be removed until: (1) charges have been filed, in writing; (2) the commissioner or alternate commissioner has been personally served with a written notice of charges against him or her and with a notice of hearing; and (3) after a full hearing has been convened before the Federal Way city council. The charging party in all such actions shall be the ei�a�age�mayor. Should any commissioner or alternate commissioner be incapacitated, resign from, or be removed from office, then the si#� �e�mavor shall appoint a successor to that position for the remainder of the unexpired term. Section 11. FWRC 2.45.080 is hereby amended to read as follows: 2.45.080 Secretary-chief examiner. The secretary-chief examiner authorized by RCW 41.12.040 shall be appointed by the commission from among qualified city employees selected and recommended by the � �e�mayor. Section 12. FWRC 2.50.040 is hereby amended to read as follows: 2.50.040 Officers — Staff — Operation. The arts commission shall elect its officers, including a chair and vice chair and such other officers, as it may deem necessary. Such officers shall occupy their respective offices for a period of one year. The ^�+�� ^ shall appoint appropriate staff to assist the arts commission in the preparation of its reports and records as are necessary for the operation of the arts commission. The arts commission shall operate in accordance with its duly adopted bylaws. Ordinance No. 10- Page 10 of 36 Rev 1/10 Section 13. FWRC 2.55.010 is hereby amended to read as follows: 2.55.010 Created. The human services commission is hereby created. The commission shall serve in an advisory capacity to the city council and ' mayor. � Section 14. FWRC 2.55.030 is hereby amended to read as follows: 2.55.030 Organization and meetings. The human services commission shall elect a chair and vice chair from among its voting members. Such officers shall hold office for one year. The ' mayor shall appoint appropriate staff to assist the human services commission in the preparation of such reports and records as are necessary for the proper operation of the commission. The human services commission shall meet upon call of the chair, as necessary, in accordance with the bylaws for the commission. Section 15. FWRC 2.55.040 is hereby amended to read as follows: 2.55.040 Duties and responsibilities. The human services commission shall make reports and recommendations to the city council and ^�+., ^�°^°^°�mayor concerning human services issues including: (1) Development and assessment of human services in the city. (2) Determination of priorities of human service needs within the city. (3) Evaluation and recommendation on funding requests submitted to the city. (4} Evaluation and review of the performance of individual human service organizations and agencies. (5) Review of city actions which may affect the availability and quality of human service provision in the city. (6) Coordination with other groups and human services planning agencies and organizations, such as the United Way and the South King Council of Human Services. Section 16. FWRC 2.60.060 is hereby amended to read as follows: 2.60.060 Staff support. The �a�a�mavor shall appoint appropriate staff as he or she deems appropriate to assist the youth commission in the preparation of its reports and records as are necessary for the operation of the commission. Section 17. FWRC 2.65.050 is hereby amended to read as follows: 2.65.050 Officers. The city diversity commission shall elect its officers, including a chair and vice chair and such other officers as it may deem necessary. Such officers shall occupy their respective offices for a period of one year. The �age�mayor shall appoint appropriate staff as he or she deems appropriate to assist the commission in the preparation of its reports and records as are necessary for the operation of the commission. The commission shall operate in accordance with its duly adopted bylaws. Ordinance No. 10- Page 11 of 36 Rev 1/10 Section 18. FWRC 2.70.030 is hereby amended to read as follows: 2.70.030 Membership. (1) Appointment. Board members are to be appointed or elected as provided by RCW 41.26.110, and this chapter. The board shall consist of five voting members as follows: (a) Two members from the Federal Way city council to be appointed by the mayor, subject to approval by the Federal Way city council; (b) One law enforcement officer; and (c) Two members from the public at large who have been a resident of the city for at least one year immediately preceding such appointment, and who are electors of the county in which they reside, to be appointed by the other three members appointed pursuant to subsections (1)(a) and (b) of this section. (d) In addition to the voting members, the ' mayor may serve, or he may appoint an employee of the city to serve, as an ex officio member without authority to vote. The ex officio member shall serve at the will of the s+�}�e�mayor. (e) The board shall elect from its membership a chair who shall serve a one-year term. (2) Compensation. The board members shall receive no compensation for their service, but shall be reimbursed for all reasonable expenses incidental to such service in the manner and amount provided for employees of the city. Section 19. FWRC 2.80.050 is hereby amended to read as follows: 2.80.050 Operation. (1) The independent salary commission shall elect a chair and vice chair from among its voting members. Such officers shall hold office for two years. The independent salary commission may from time to time establish and publish rules of procedure for the efficient and fair conduct of its business, consistent with state law and city ordinance. (2) The ' mayor shall appoint appropriate staff to assist the independent salary commission in preparation of its reports and records as are necessary for the proper operation of the commission. (3) The independent salary commission shall keep a written record of its proceedings, which shall be a public record all in accordance with state law, and shall actively solicit public comment at all meetings which shall be subject to the Open Public Meetings Act pursuant to Chapter 42.30 RCW. (4) The independent salary commission shall meet at least once in 2003 and in each even year thereafter to consider whether or not to review and/or adjust existing salaries. This meeting shall occur no later than April 30th, in any given year, and the commission shall review and, if it so determines, amend and file its schedule of salaries with the city clerk no later than May 31 st. If necessary, the commission will also meet upon any other call by the chair, the mayor or by the majority vote of the city council. (5) Three members shall constitute a quorum, and the votes of three members shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the independent salary commission. Ordinance No. 10- Page 12 of 36 Rev 1/10 Section 20. FWRC 2.85.030 is hereby amended to read as follows: 2.85.030 Officers. The city parks and recreation commission shall elect its officers, including a chair and vice chair and such other officers as it may deem necessary. Such officers shall occupy their respective offices for a period of one year. The ^�'�, m°^°^°rmayor shall appoint appropriate staff as he or she deems appropriate to assist the commission in the preparation of its reports and records as are necessary for the operation of the commission. The commission shall operate in accordance with its duly adopted bylaws. Section 21. FWRC 3.05.010 is hereby amended to read as follows: 3.05.010 Definitions. The definitions in this section apply throughout this title unless the conte� clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020. "Director" means the management services director or other person designated by the c� ►�►a�aage�mavor. Section 22. FWRC 3.10.020 is hereby amended to read as follows: 3.10.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020. "Cable service" means: (1) A system providing service pursuant to a franchise issued by the city under the Cable Communications Policy Act of 1984 Public Law No. 98-549, 47 USC Section 521, as it may be amended or superseded; or (2) Any system that competes directly with such franchised system by employing antennas, microwave, wires, wave guides, coaxial cables, or other conductors, equipment or facilities designed, constructed or used for the purpose of: (a) Collecting and amplifying local and distant broadcast television signals and distributing and transmitting them; (b) Transmitting original cablecast programming not received through television broadcast signals; or (c) Transmitting television pictures, film and videotape programs not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers. "Cable service"shall not include television entities that are subject to charges as commercial TV stations under 47 USC Section 158. "Cellular telephone service" means a two-way voice and data telephone/telecommunications system based in whole or substantially in part on wireless radio communications and which is not subject to regulation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. The definition of cellular mobile service includes other wireless radio communications services such as specialized mobile radio (SMR), personal communications services (PCS) and any other evolving wireless radio communications technology which accomplishes the same purpose as cellular mobile service. Orc�inance No. 10- Page 13 of 36 Rev 1/10 "Competitive telecommunication service" means the providing by any person of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a separate charge is made. "Designated official" means an agent or employee designated by the ^�+�� m � n � nor m ayor "Gross income" means the value proceeding or accruing from the sale of tangible property or service, and receipts (including all sums earned or charged, whether received or not), by reason of the investment of capital in the business engaged in, including rentats, royalties, fees, or other emoluments, however designated (excluding receipts or proceeds from the use or sale of real property or any interest therein, and proceeds from the sale of notes, bonds, mortgages, or other evidences of indebtedness, or stocks and the like), and without any deduction on account of the cost of the property sold, the cost of materials used, labor costs, interest or discount paid, or any expense whatsoever, and without any deduction on account of losses, including the amount of credit losses actually sustained by the taxpayer whose regular books or accounts are kept upon an accrual basis. "Network telecommunication service" means the providing by any person of access to a local telephone network, local telephone network switching service, toll service, or coin telephone services; or the providing of telephonic, video, data, pagers, or similar communication or transmission for hire, via a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. "Network telecommunication service" includes interstate service, including toll service, originating from or received on telecommunications equipment or apparatus in this state if the charge for the service is billed to a person in this state. "Network telecommunication service" does not include the providing of competitive telecommunication service, the providing of cable television service, nor the providing of broadcast services by radio or television stations. "Solid waste" means garbage, trash, rubbish, or other materials discarded as worthless or not economically viable for further use. The term does not include hazardous or toxic waste, and does not include yard waste or material collected primarily for recycling or salvage. "Telecommunication business" means the business of providing network telecommunication service, as defined in this section. It includes cooperative or farmer line telephone companies or associations operating an exchange. "Telecommunication service" means competitive telecommunication service or network telecommunication service, or both, as defined in this section. "Telecommunications company" includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, and every city or town owning, operating or managing any facilities used to provide telecommunications for hire, sale, or resale to the general public within this state. Section 23. FWRC 320.020 is hereby amended to read as follows: 3.20.020 Administration — Collection. Pursuant to RCW 82.29A.080, the ' mavor shall enter into a contract with the State Department of Revenue for the administration and collection of such tax. Ordinance No. 10- Page 14 of 36 Rev 1/10 Section 24. FWRC 3.35.090 is hereby amended to read as follows: 3.35.090 Inspection of records — Agreement with Department of Revenue. The city consents to the inspection of such records as are necessary to qualify the city for inspection of records of the Department of Revenue, pursuant to RCW 82.32.330. The c-+#� �e�mavor is authorized to enter into an agreement with the Department of Revenue for the administration of the tax. Section 25. FWRC 3.45.030 is hereby amended to read as follows: 3.45.030 Biennial budget — Mid-biennial review and modification. (1) Establishment of two-year biennium budget. Pursuant to RCW 35A.34.040, the city council hereby establishes a two-year biennium budget for the city of Federal Way, beginning with the two-year biennium which begins January 1, 1997. The 1997-1998 biennial budget and all subsequent budgets shall be prepared, considered and adopted under the provisions of this ordinance and Chapter 35A.34 RCW which is hereby adopted by reference. (2) Mid-biennial review and modification. Pursuant to RCW 35A.34.130, the city council hereby provides for a mid-biennial review and modification of the biennial budget. No sooner than eight months after the start of the first year of the fiscal biennium, nor later than the first regularly scheduled city council meeting in November of the first year of each biennial budget, the s�ar�age�mavor shall prepare proposed budget modifications to be effective as of January 1 st of the following year. Such proposed modifications shall be sent to city councilmembers and shall be a public record and available to the public. A public hearing shall be advertised at least once and shall be held at a city council meeting no later than the second Tuesday in December and may be continued from time to time. At such hearing or thereafter, council may consider a proposed ordinance to carry out such modifications, which such ordinance shall be subject to other provisions of Chapter 35A.34 RCW. Section 26. FWRC 3.50.010 is hereby amended to read as follows: 3.50.010 Risk management fund. There is hereby established a fund known as the risk management fund as follows: (1) Purpose. This fund is to provide the vehicle for financial administration of the city's comprehensive risk managemenUself-insurance program. This fund shall be used to provide self-insurance or to purchase additional insurance coverage against risks covered by the city's insurance policies, and to provide self-insurance against such other risks as the city council may from time to time designate by council resolution. The risks covered by the self-insurance program shall be those risks covered by the city's purchased insurance policies together with such other risks as may be designated by council resolution. This fund shall be used to pay all other insurance/risk management oriented expenditures, including costs and expenses of defending the city, its officials and its employees against claims covered by the program. The persons and entities covered under the self-insurance program shall be those persons and entities covered under the city's purchased insurance policies. This fund shall be used to pay claims the amounts of which are lower than the dollar level at which the city's purchased insurance policies provide coverage. It shall also be used to accumulate reserves for the payment of future claims. Risk management functions include unemployment compensation; Ordinance No. 10- Page I S of 36 Rev 1/10 workmen's compensation; property, casualty and general liability; and medical and dental, and similar functions. (2) Revenue sources. Monies may be paid into this fund from time to time from various city operating funds as insurance premiums, just as the city would pay private insurance carriers premiums for insurance coverage. Fund revenues may also include interest earnings, operating transfers and other revenue sources as may be designated by the city council. (3) Fund administration. The �'+'�a�mayor or his or her designee. Section 27. FWRC 3.50.020 is hereby amended to read as follows: 3.50.020 Arterial street fund. There is hereby established an arterial street fund as follows: (1) Purpose. This fund is established to receive and disburse all monies received by the city as distributions, pursuant to RCW 46.68.100(2), of the motor vehicle fuel taxes imposed by the state. These revenues are to be used exclusively for the construction, improvement, chip sealing, seal-coating, and repair of arterial highways and city streets as those terms are defined in RCW 46.04.030 and 46.04.120; or for the payment of any municipal indebtedness which may be incurred for the above-noted expenditures related to arterial highways and city streets. (2) Revenue sources. Motor vehicle fuel tax distributions pursuant to RCW 46.68.100(2), interest earnings, and other revenue sources as may be authorized by the city council. (3) Fund administration. The ' mavor or his or her designee. Section 28. FWRC 3.50.030 is hereby amended to read as follows: 3.50.030 General fund. There is hereby established a general fund, as authorized by RCW 35A.37.010 and 35.37.010, as follows: (1) Purpose. To account for all receipt and disbursement transactions associated with ordinary city operations that are to required to be accounted for in another fund. (2) Revenue sources. Tax and general revenue supported. Examples include property taxes, local sales taxes, franchise fees, gambling taxes, liquor taxes, business taxes, fines and forfeitures, license fees, permits, recreation fees and miscellaneous other revenues that support general government operations. (3) Fund administration. The ' mayor or his or her designee. Section 29. FWRC 3.50.040 is hereby amended to read as follows: 3.50.040 Street fund. There is hereby established a street fund as follows: (1) Purpose. Accounts for the receipt and disbursement of state-levied unrestricted motor vehicle fuel taxes which must be accounted for in a separate fund and expended for planning, engineering, construction and maintenance related to city streets, sidewalks and appurtenances, including pedestrian and bicycle paths, lanes and routes. (2) Revenue sources. Specific revenue sources shall include, but not be limited to, unrestricted motor vehicle fuel taxes, transportation related fees and permits, interest earnings and such other sources as may be authorized by the city council. (3) Fund administration. The ��a�e�mavor or his or her designee. Ordinance No. 10- Page 16 of 36 Rev 1/10 Section 30. FWRC 3.50.080 is hereby amended to read as follows: 3.50.080 Real estate excise tax fund — First. There is hereby established a fund known as the first 0.25 percent real estate excise tax fund as follows: (1) Purpose. For the receipt and disbursement of the 0.25 percent real estate excise tax authorized by RCW 82.46.010, and dedicated for capital purposes defined in RCW 35.43.040. Such expenditures include public buildings and facilities, parks and debt service associated with such capital oriented projects. (2) Revenue sources. One-quarter of one percent real estate excise tax authorized by RCW 82.46.010, and other revenues that may be authorized by the city council. (3) Fund administration. The �a�a�mayor or his or her designee. Section 31. FWRC 3.50.090 is hereby amended to read as follows: 3.50.090 Real estate excise tax fund — Second. There is hereby established a fund known as the second 0.25 percent real estate excise tax fund as follows: (1) Purpose. For the receipt and expenditure of the additional 0.25 percent real estate excise tax authorized by the Growth Management Act (RCW 82.46.035). These revenues are restricted to financing capital projects specified in a capital facilities plan. (2) Revenue sources. Second 0.25 percent real estate excise tax authorized by RCW 82.46.035 and other revenue sources as may be authorized by the city council. (3) Fund administration. The ' mayor or his or her designee. Section 32. FWRC 3.50.100 is hereby amended to read as follows: 3.50.100 Miscellaneous government grants. There is hereby established a fund known as the miscellaneous government grants as follows: (1) Purpose. A project fund established in which to place monies from designated federal, state or county grants, or grants from other sources, approved, accepted and assigned to this fund by the city council. Any city monies required for any such grant shall also be placed in this fund. Such monies shall be used for the purposes specified by the terms of each such individual grant. (2) Revenue sources. Grants from various government and nongovernmental agencies, city contributions, or other revenue sources as may be authorized by the city council. (3) Fund administration. The ' mayor or his or her designee shall maintain a separate record of accounts showing the receipts and disbursements of each and every grant assigned to this fund. The department assigned, by the terms of the city's acceptance of such grant, to administer any program or activity financed wholly or in part by the grant financially controlled by this fund, shall approve all expenditures therefrom and shall maintain such records and documents, and prepare such reports as may be required by the grantor agency or the city council. (4) Other general/financial information. (a) Projects established. Individual grant projects shall be established in the fund, based on council authorization and/or acceptance. Fund appropriations shall not lapse at the end of Ordinance No. 10- Page 17 of 36 Rev 1/10 any calendar year but shall remain in effect until the grant project is completed. Administrative housekeeping projects may be established by the finance director. (b) Financing. The grant fund is hereby authorized to borrow monies from time to time from other city funds in amounts necessary to effectuate the purposes of such fund. Authorization for each such loan shall be made by the ^�+�� m°^°^°rmayor or his or her designee. Such authorization shall be given only when the lending fund has sufficient resources to make the loan, which shall be determined by the finance director. Such loans shall be without interest unless interest is required by law, and shall be repaid when there no longer exists a financing need within such fund. Where interest is required by law, the finance director shall designate the appropriate rate. Section 33. FWRC 3.50.110 is hereby amended to read as follows: 3.50.110 Community development block grant fund. There is hereby established a fund known as the community development block grant fund as follows: (1) Purpose. A project fund established in which to place monies from designated federal grants received through the department of housing and urban development's community development block grant program, approved, accepted and assigned to this fund by the city council. Any city monies required for any such grant shall also be placed in this fund. Such monies shall be used for the purposes specified by the terms of each grant agreement. (2) Revenue sources. Grant revenues received through community development block grant program, city contributions or other revenue sources as may be authorized by the city council. (3) Fund administration. The �a�mayor or his or her designee shall maintain a separate record of accounts showing the receipts and disbursements of each and every grant assigned to this fund. The department assigned, by the terms of the city's acceptance of such grant, to administer any program or activity financed wholly or in part by the grant financially controlled by this fund, shall approve all expenditures therefrom and shall maintain such records and documents, and prepare such reports as may be required by the grantor agency or the city council. (4) Other general/financial information. (a) Projects established. Individual grant projects shall be established in this fund, based on council authorization and/or acceptance. Fund appropriations shall not lapse at the end of any calendar year but shall remain in effect until the grant project is completed. Administrative housekeeping oriented projects may be established by the finance director. (b) Financing. The grant fund is hereby authorized to borrow monies from time to time from other city funds in amounts necessary to effectuate the purposes of such fund. Authorization for each such loan shall be made by the �age�mayor or his or her designee. Such authorization shall be given only when the lending fund has sufficient resources to make the loan, which shall be determined by the finance director. Such loans shall be without interest unless interest is required by law, and shall be repaid when there no longer exists a financing need within such fund. Where interest is required by law, the finance director shall designate the appropriate rate. Ordinance No. 10- Page 18 of 36 Rev 1/10 Section 34. FWRC 3.50.120 is hereby amended to read as follows: 3.50.120 Path and trails reserve fund. There is hereby established a fund known as the path and trails reserve fund as follows: (1) Purpose. This fund is established to accumulate the annually unexpended portion of the motor vehicle fuel tax designated to establish and maintain paths and trails within the right-of- way of county roads and city streets for pedestrians, equestrians or bicyclists. RCW 47.30.050 requires at least one-half of one percent of the total amount of funds annually received from the motor vehicle fund to be expended for paths and trails purposes. Monies set aside in this reserve fund must be expended within 10 years. This fund shall reserve these revenues until the city councit determines to expend all or any portion, at which time such monies shall be transferred back to the city street or arterial street fund by authority of a city ordinance. (2) Revenue sources. Motor vehicle fuel taxes received from the motor vehicle fund according to the provisions of RCW 46.68.100. (3) Fund administration. The ^�'�� m �� r mayor or his or her designee shall have responsibility for the financial administration of this reserve fund. Section 35. FWRC 3.50.130 is hereby amended to read as follows: 3.50.130 Surface water management fund. There is hereby established a fund for surface water management as follows: (1) Purpose. Established to administer and account for all receipts and disbursements related to the city's surface and stormwater management system. All service charges shall be deposited in this fund for the purpose of paying all or any part of the cost and expense of maintaining and operating surface and stormwater management facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, construction and improving any such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bond issued for such purpose. (2) Revenue sources. Revenues supporting this fund's activities include various storm and surface water charges, interest earnings, interfund transfers, and other revenue sources as may be authorized by the city council. (3) Fund administration. The ^�+" m � n � iror mavor or his or her designee. (4) Financing. The ^�fi m � n � iror mayor or his or her designee is authorized from time to time to arrange for any needed interim financing at the prevailing market interest rate. Section 36. FWRC 3.50.140 is hereby amended to read as follows: 3.50.140 Councilmanic debt service fund. There is hereby established a fund known as the councilmanic debt service fund as follows: (1) Purpose. This fund is established to account for the debt service, and debt service related costs, on all city council approved general obligation bonds or other general obligation debt. (2) Revenue sources. Allocations of the city's regular levy property taxes, operation transfers from the 0.25 percent real estate excise tax funds or other funds benefiting from the bond proceeds, or other revenue sources as may be designated by the city council. (3) Fund administration. The ^�+�� ^ or his or her designee. Ordinance No. 10- Page 19 of 36 Rev 1/10 (4) Other general information. The authorizing ordinance for the bond sale and the related bond debt service schedule provide budget authority for this city fund. Such budget authority shall not lapse at calendar year end. Section 37. FWRC 3.50.150 is hereby amended to read as follows: 3.50.150 Data processing/ telecommunications fund. There is hereby established a fund known as the data processing/telecommunications fund as follows: (1) Purpose. This fund shall serve as the vehicle through which to account for all costs associated with data processing and telecommunications for the city. This fund shall own and depreciate all nonproprietary fund assets related to these functions. It shall accumulate reserves for the replacement of these assets. This fund shall be used to pay salaries and operation costs, including equipment and furniture, associated with its administration, and costs required to repair, replace, purchase and operate equipment owned by this fund. (2) Revenue sources. Interfund charges shall be made to recover equipment maintenance and operating costs, equipment replacement and acquisition costs, and the cost of fund administration. Other revenues may include interest earnings, proceeds from the sale of assets, interfund transfers, and other revenue sources designated by the city council. (3) Fund administration. The si�jr-�a�►a�e�mayor or his or her designee. There shall be kept accounts and records necessary to control and report the financial operations of this fund. (4) Other general/financial information. (a) Revenues recorded shall be specified as either for replacement reserves or for maintenance and operation. Replacement reserve cash shall be maintained in a separate cash account in the accounting records. The replacement reserve shall only be used for equipment replacement purposes. (b) Charges for the use of such equipment shall be sufficient to cover the repair, replacement, purchase and operation thereof, and the terms of the rental shall be on an annual, monthly, or other basis as determined by the �a�mayor or the � ' mavor's designee. Maintenance and operation costs may also be recovered on an actual cost basis, rather than through monthly or other rates. Rental rates shall be reviewed annually and revised periodically as needed to meet changing costs of repair, replacement, purchases and operation. Replacement reserve rates shall be based on depreciation schedules which may be adjusted by the ^�'�� ^ or designee. (c) All monies deposited in the data processing and telecommunications fund shall be used for the purposes designated in this section. (d) Current year maintenance and operation charges in excess of current year costs shall be returned to the contributing fund as a reduction of current year operating charges. (e) Accumulated replacement reserves in excess of replacement costs for the related equipment shall be returned to the contributing fund. Additional replacement cost needs shall be contributed lump sum by the department using the equipment. Section 38. FWRC 3.50.160 is hereby amended to read as follows: 3.50.160 Support services fund. There is hereby established a fund known as the support services fund as follows: Ordinance No. 10- Page 20 of 36 Rev 1/10 (1) Purpose. To account for clerical, copier, graphics, postage and other support services provided to departments and funds throughout the city. The �apa�e�mavor shall designate the specific types of services administered through this fund. All costs associated with providing these services and administering this fund shall be a cost of this fund, including, but not limited to, employee compensation, supplies, equipment and furniture. (2) Revenue sources. Interfund service charges shall be made to recover direct and administrative costs. Other revenues shall include interfund transfers and other revenue sources designated by the city council. (3) Fund administration. The ��+�� ^ or his or her designee. Section 39. FWRC 3.50.170 is hereby amended to read as follows: 3.50.170 Fleet and equipment fund. There is hereby established a fund known as the fleet and equipment fund as follows: (1) Purpose. This fund shall serve as the vehicle through which to account for all costs associated with operating, maintaining and replacing the city's nonproprietary owned vehicular and other motorized equipment. This fund shall own and depreciate all nonproprietary fund assets of this nature. It shall accumulate reserves for the replacement of these assets. This fund shall be used to pay salaries and operating costs, including equipment and furniture, associated with its administration, and costs required to repair, replace, purchase and operate equipment owned by this fund. (2) Revenue sources. Interfund charges shall be made to recover equipment maintenance and operating costs, equipment replacement and acquisition costs, and the cost of fund administration. Equipment replacement charges shall be segregated from all other cost recoveries. Other revenues may include interest earnings, proceeds from the sale of assets, interfund transfers and other revenue sources designated by the city council. (3) Fund administration. The ^�+., ^��^�^°�mayor or his or her designee. There shall be kept accounts and records necessary to control and report the financial operations of this fund. (4) Other general/fund information. (a) Revenues recorded shall be specified as either for replacement reserves or for maintenance and operations. Replacement reserve cash shall be maintained in a separate cash account in the accounting records. The replacement reserve shall only be used for equipment replacement purposes. (b) Charges for rental of such equipment shall be sufficient to cover the repair, replacement, purchase and operation thereof, and the terms of the rental shall be on an annual, monthly, daily, hourty, mileage or other basis as determined by the si#�aaa�e�mayor or the ' mavor's designee. Maintenance and operating costs may also be recovered on an actual cost basis, rather than through monthly or other rate structures. Rental rates shall be reviewed annually and revised periodically as needed to meet changing costs of repair, replacement, purchases and operation. Replacement reserve rates shall be based on depreciation schedules which may be adjusted by the ^�+" ^�°^°^°rmayor or his or her designee. (c) All motor vehicle equipment purchased by other city funds of a nonproprietary nature shall be donated to this city fund effective January 1, 1991. All subsequent acquisitions shall be likewise donated to this fund. Where the fleet and equipment fund is requested to make the initial purchase of equipment, the benefiting or user fund shall provide the required resources and do so within the calendar year of purchase. Ordinance No. 10- Page 21 of 36 Rev 1/10 (d) All monies deposited in the fleet and equipment fund shall be used for the purposes designated in this section. (e) Current year maintenance and operation charges in excess of current year costs shall be returned to the contributing fund as a reduction of current year operating charges. (f) Accumulated replacement reserves in excess of replacement costs for the related equipment shall be returned to the contributing fund. Additional replacement cost needs shall be contributed lump sum by the department using the equipment. Section 40. FWRC 3.50.180 is hereby amended to read as follows: 3.50.180 Buildings and furnishings fund. There is hereby established a fund known as the buildings and furnishings fund as follows: (1) Purpose. The buildings and furnishings fund is established to account for all costs associated with the maintenance and operation of city buildings specified by the si�� e�mavor. City building facilities and furnishings shall be owned by this fund and both maintenance/operation costs and replacement recovery shall be charged city funds and departments for included facilities and furnishings. Debt service payments on specified facility acquisitions may also be included in this fund along with revenues dedicated to these payments. (2) Revenue sources. Interfund charges shall be made to recover maintenance and operating costs, furnishing and facility replacement and acquisition costs, and the cost of fund administration. Other revenues may include interest earnings, proceeds from the sale of assets, interfund transfers, and other revenue sources designated by the city council. (3) Fund administration. The �a�a�mayor or his or her designee. There shall be kept accounts and records necessary to control and report the financial operations of this fund. (4) Other general/financial information. (a) Revenues recorded shall be specified as either for replacement reserves or for maintenance and operations. Replacement reserve cash shall be maintained in a separate cash account in the accounting records. The repfacement reserve shall only be used for asset replacement purposes. (b) Charges for the use of such facilities and furnishings shall be sufficient to cover the repair, replacement, purchase and operation thereof, and the terms of the rental shall be on an annual, monthly or other basis as determined by the ^�}�� ^�°^�°°rmayor or the si#�E ��mavor's designee. Rental rates shall be reviewed annually and revised periodically as needed to meet changing costs of repair, replacement, purchases and operation. Replacement reserve rates shall be based on depreciation or replacement schedules which may be adjusted by the ��+., m � n � r � or mavor or his or her designee. (c) All monies deposited in the buildings and furnishings fund shall be used for the purposes designated in this section. (d) Current year maintenance and operation charges in excess of current year costs shall be returned to the contributing fund as a reduction of current year operating charges. (e) Accumulated replacement reserves in excess of replacement costs for the related assets/furnishings shall be returned to the contributing fund. Additional replacement cost needs shall be contributed lump sum by the department using the assets/furnishings. Ordinance No. 10- Page 22 of 36 Rev 1/10 Section 41. FWRC 3.50.190 is hereby amended to read as follows: 3.50.190 Retirement system fund. There is hereby established a fund known as the retirement system fund as follows: (1) Purpose. Established to provide a means of accumulating the assets necessary to provide the benefits which become payable under the retirement system plan, adopted by Ordinance No. 90-74, as amended. This fund shall account for all transactions associated with this plan and its administration. This is a defined contribution plan to which the city and employee make legally required contributions. This fund accounts for all plan related expenditures and receipts. Disability, survivors and lump sum death benefits for plan participants are costs recorded in this fund. Payments upon retirement or termination are also expenditures accounted for through this fund. � (2) Revenue sources. Revenues include legally required employee and employer contributions, interest earnings, investment gains/losses, interfund transfers and other sources designated by the city council. (3) Fund administration. The e�a�mayor or his or her designee. Section 42. FWRC 3.50.200 is hereby amended to read as follows: 3.50.200 Capital project fund. There is hereby established a fund known as the capital project fund as follows: (1) Purpose. Created by ordinances to receive bond proceeds and pay the cost of improvements and make the acquisitions for which the bonds were authorized. All costs associated with the acquisitions, improvements and issue of the bonds, and other costs or transfers authorized in ordinances shall be paid by this fund. Projects shall be established to maintain a separate record of accounts for revenues and disbursements related to each general obligation debt issue. (2) Revenue sources. General obligation bond proceeds, investment earnings, interfund transfers and other revenue sources designated by the city council. (3) Fund administration. The ^�+�� m �� °r mayor or his or her designee. Section 43. FWRC 3.50210 is hereby amended to read as follows: 3.50.210 Deferred compensation fund. There is hereby established a fund known as the deferred compensation fund as follows: (1) Purpose. This is an agency fund used to account for assets related to the city's employee tax deferred compensation program. Assets of the fund consist of investment managed by the International City Management Association Retirement Corporation, which is the program trustee. (2) Fund administration. The ^�+�� mrin or his or her designee. Section 44. FWRC 3.50.220 is hereby amended to read as follows: 3.50.220 Investment control fund. There is hereby established a fund known as the investment control fund as follows: Orclinance No. 10- Page 23 of 36 Rev 1/10 (1) Purpose. This is an agency fund establish to account for investment transactions. It is used to record the amount of pooted monies invested from all city funds. Interest earned on the pooled investments is distributed to individual city funds. (2) Fund administration. The ' mayor or his or her designee. Section 45. FWRC 3.50.230 is hereby amended to read as follows: 3.50.230 Fees and taxes clearing fund. There is hereby established a fund known as the fees and taxes clearing fund as follows: (1) Purpose. This is an agency fund established to account receipts for which the city acts in the capacity of an intermediary collection agency or temporary depository for other governments or organizations. (2) Fund administration. The ^�+�� m �� r mavor or his or her designee. Section 46. FWRC 3.50.240 is hereby amended to read as follows: 3.50.240 Donation fund. There is hereby established a fund known as the donations fund as follows: (1) Purpose. Established to receive donations of cash designated for specific purposes identified by the donor. This fund shall be a project based fund that shall record all transactions associated with the donations. (2) Revenue sources. Cash contributions from various sources. Investment earnings shall be placed in the general fund. (3) Fund administration. The ' mavor or his or her designee. Separate records shall be maintained for each distinct purpose for which donations are received. Section 47. FWRC 3.50.250 is hereby amended to read as follows: 3.50.250 tmpact fee fund. There is hereby established a fund known as the impact fee fund as follows: (1) Purpose. Established to account for revenue from development impact fees, authorized by state law and designated for transportation, park and other improvements. These fees provide funding to partially finance improvements which shall mitigate the cumulative impacts of growth and development within the city. (2) Revenue sources. Impact/mitigation fees received by the city for designated purposes, interest earnings, interfund transfers and other revenue sources that may be designated by the city counciL (3) Fund administration. The ' mayor or his or her designee. (4) Other general/financial information. This would be a project oriented fund. Separate records shall be maintained to account for transactions related to specifically designated receipts. Section 48. FWRC 3.50.260 is hereby amended to read as follows: 3.50.260 Payroll clearing fund. There is hereby established a fund known as the payroll clearing fund as follows: Ordinance No. 10- Page 24 of 36 Rev 1/10 (1) Purpose. This agency fund is established to account for both city and employee contributions related to employee benefit programs established by the city or as required by state law. It acts as a temporary depository for payments to other governments or organizations. (2) Revenue sources. Cash transferred from city funds and departments, and employee deductions. (3) Fund administration. The ei#�-�a�age�mayor or his or her designee. Section 49. FWRC 3.50.270 is hereby amended to read as follows: 3.50.270 Strategic reserve fund. There is hereby established a fund known as the strategic reserve fund as follows: (1) Purpose. This fund is established to set aside financial resources to be used to mitigate adverse situations occurring as the result of severe short-term revenue shortfalls or expenditures resulting from emergencies, or as otherwise designated by the city council. The fund is a recourse of last resort and shall be used only in the event no other reasonable financial management alternatives exist as certified by the finance director, or as otherwise designated by the city council. (2) Revenue source. This fund shall be financed by transferring undesignated and unreserved fund balance in the general fund at the end of each calendar year as deemed appropriate by the city council. (3) Fund administration. The �� m � n � nor mayor, or his or her designee shall administer the fund. No transfers shall be made from this fund without prior approval by the city council in the form of a resolution or ordinance. Section 50. FWRC 3.50.280 is hereby amended to read as follows: 3.50.280 Solid waste/recycling fund. There is hereby established a fund known as the solid waste/recycling fund as follows: (1) Purpose. To account for the special refuse collection fees used to manage the solid waste and recycling program. (2) Revenue sources. Revenues supporting this fund's activities include refuse collection fees, grant funds, interest earnings and other revenue sources as may be authorized by the city council. (3) Fund administration. The ��+., m � n � nor mavor or his or her designee shall maintain a separate record of accounts showing the receipts and disbursements of each and every grant assigned to this fund. The department assigned, by the terms of the city's acceptance of said grant, to administer any program or activity financed wholly or in part by the grant financially controlled by this fund, shall approve all expenditures therefrom and shall maintain such records and documents, and prepare such reports as may be required by the grantor agency or the city council. Section 51. FWRC 3.50.290 is hereby amended to read as follows: 3.50.290 Special contracts/studies fund. There is hereby established a fund known as the special contracts/studies fund as follows: (1) Purpose. To account for receipts and disbursements related to special contracts and special projects where completion is likely to extend beyond the calendar year. Orclinance No. 10- Page 25 of 36 Rev 1/10 (2) Revenue source. Revenues supporting this fund's activities include intergovernmental revenues, interfund transfers, interest earnings and other revenue sources as may be authorized by the city council. (3) Fund administration. The ��+�� m � n � iror mavor or his or her designee. (4) Other general/financial information. Fund appropriations shall not lapse at the end of any calendar year but shall remain in effect until the project is completed. Section 52. FWRC 3.50.300 is hereby amended to read as follows: 3.50.300 Capital project — Parks fund. There is hereby established a fund known as the capital project — parks fund as follows: (1) Purpose. To account for receipts and disbursements related to acquisition, design, construction and any other related park's capital project expenditures. (2) Revenue sources. Revenues supporting this fund's activities include bond proceeds, grant proceeds, mitigation fees, interFund transfers and other.revenue sources as may be authorized by the city counciL (3) Fund administration. The � mavor or his or her designee shall maintain a separate record of accounts showing the receipts and disbursements of each and every grant assigned to this fund. The department assigned, by the terms of the city's acceptance of said grant, to administer any program or activity financed wholly or in part by the grant financially controlled by this fund, shall approve all expenditures therefrom and shall maintain such records and documents, and prepare such reports as may be required by the grantor agency or the city council. (4) Other general/financial information. Fund appropriations shall not lapse at the end of any calendar year but shall remain in effect until the project is completed. The ^�+., m � r �� iror mavor or his or her designee is authorized from time to time to arrange for any needed interim financing at the prevailing market interest rate. Section 53. FWRC 3.50.310 is hereby amended to read as follows: 3.50.310 Capital project — SWM fund. There is hereby established a fund known as the capital project — SWM fund as follows: (1) Purpose. To account for receipts and disbursements related to acquisition, design, construction and any other related park's capital project expenditures. (2) Revenue sources. Revenues supporting this fund's activities include bond proceeds, grant proceeds, mitigation fees, interfund transfers and other revenue sources as may be authorized by the city council. (3) Fund administration. The � mayor or his or her designee shall maintain a separate record of accounts showing the receipts and disbursements of each and every grant assigned to this fund. The department assigned, by the terms of the city's acceptance of said grant, to administer any program or activity financed wholly or in part by the grant financially controlled by this fund, shall approve all expenditures therefrom and shall maintain such records and documents, and prepare such reports as may be required by the grantor agency or the city council. (4) Other general/financial information. Fund appropriations shall not lapse at the end of any calendar year but shall remain in effect until the project is completed. Orclinance No. 10- Page 26 of 36 Rev 1/10 The ^�+�� •^°^°^°rmayor or his or her designee is authorized from time to time to arrange for any needed interim financing at the prevailing market interest rate. Section 54. FWRC 3.50.320 is hereby amended to read as follows: 3.50.320 Capital project — Traffic fund. There is hereby established a fund known as the capital project — traffic fund as follows: (1) Purpose. To account for receipts and disbursements related to acquisition, design, construction and any other related park's capital project expenditures. (2) Revenue sources. Revenues supporting this fund's activities include bond proceeds, grant proceeds, mitigation fees, interfund transfers and other revenue sources as may be authorized by the city council. (3) Fund administration. The ' mavor or his or her designee shall maintain a separate record of accounts showing the receipts and disbursements of each and every grant assigned to this fund. The department assigned, by the terms of the city's acceptance of said grant, to administer any program or activity financed wholly or in part by the grant financially controlled by this fund, shall approve all expenditures therefrom and shall maintain such records and documents, and prepare such reports as may be required by the grantor agency or the city council. (4) Other general/financial information. Fund appropriations shall not lapse at the end of any calendar year but shall remain in effect until the project is completed. The ^�+�� m° � °ry°r mavor or his or her designee is authorized from time to time to arrange for any needed interim financing at the prevailing market interest rate. Section 55. FWRC 3.50.330 is hereby amended to read as follows: 3.50.330 Capital project — Street fund. There is hereby established a fund known as the capital project — street fund as follows: (1) Purpose. To account for receipts and disbursements related to acquisition, design, construction and any other related park's capital project expenditures. (2) Revenue sources. Revenues supporting this fund's activities include bond proceeds, grant proceeds, mitigation fees, interfund transfers and other revenue sources as may be authorized by the city council. (3) Fund administration. The �a�mayor or his or her designee shall maintain a separate record of accounts showing the receipts and disbursements of each and every grant assigned to this fund. The department assigned, by the terms of the city's acceptance of said grant, to administer any program or activity financed wholly or in part by the grant financially controlled by this fund, shall approve all expenditures therefrom and shall maintain such records and documents, and prepare such reports as may be required by the grantor agency or the city council. (4) Other general/financial information. Fund appropriations shall not lapse at the end of any calendar year but shall remain in effect until the project is completed. The ^�+., m°^°^°rmavor or his or her designee is authorized from time to time to arrange for any needed interim financing at the prevailing market interest rate. Ordinance No. 10- Page 27 of 36 Rev 1/10 Section 56. FWRC 3.50.340 is hereby amended to read as follows: 3.50.340 Retreat center fund. There is hereby established a fund known as the retreat center fund as follows: (1) Purpose. To account for the revenues and expenses related to the acquisition, capital improvements, maintenance and operations of the city-owned retreat center facility. This fund is established as an enterprise fund whereby the intent is to recover, primarily through user charges, the costs (expenses, including depreciation) of providing services to the general public on a continuing basis. (2) Revenue sources. Revenues supporting this fund's activities include bond anticipation note proceeds, intergovernmental revenues, user fees, interfund transfers and other revenue sources as may be authorized by the city council. (3) Fund administration. The ^�� mon � nor mavor or his or her designee. (4) Financing. The ' mavor or his or her designee is authorized from time to time to arrange for any needed interim financing at the prevailing market interest rate. Section 57. FWRC 3.50.350 is hereby amended to read as follows: 3.50.350 Strategic airport reserve fund. There is hereby established a fund known as the strategic airport reserve fund as follows: (1) Purpose. To account for monies held in reserve for the specific purpose of potentially funding actions necessary to safeguard the public interest of Federal Way as it relates to planned expansion of the Sea-Tac Airport. (2) Revenue sources. Revenues to support this account shall be transferred from the city's existing strategic reserve fund, or other revenue sources as may be authorized by the city council. (3) Fund administration. �'�*�� ^ or his or her designee; provided, however, that no disbursement from this fund shall be made without prior authorization by the city council. Section 58. FWRC 3.50.360 is hereby amended to read as follows: 3.50.360 Interfund loan — Authorization. The city council does hereby authorize the ' mayor, or his or her designee, no make interfund loans of those municipal monies which are otherwise legally available for investment purposes, where such loans would be necessary to ensure compliance with the provisions of RCW 43.09.210. Section 59. FWRC 3.50.380 is hereby amended to read as follows: 3.50.380 InterFund loan — Additional authority. The city council further hereby grants to the s+�fr��e�mayor, or his or her designee, the authority to make interim, temporary loans from one fund to another during the course of the fiscal year. The term of such loan shall not exceed the end of the fiscal year in which loan was made. Ordinance No. 10- Page 28 of 36 Rev 1/10 Section 60. FWRC 3.50.390 is hereby amended to read as follows: 3.50.390 Traffic safety fund. (1) Establishment of traffic safety fund. There is hereby established a fund to be known as the traffic safety fund. All penalties and fines collected in criminal traffic violations and those related to the operation of the red-light photo enforcement program shall be paid into this fund. (2) Use of fund. Funds collected for traffic safety shall be used for, but not limited to, prevention, education, and enforcement efforts related to traffic safety and compliance with tra�c control devices within the city, including maintenance and operation costs. (3) Administration of fund. The ^�+„ m°n°ry°r or his or her designee shall administer the fund. Section 61. FWRC 6.10.110 is hereby amended to read as follows: 6.10.110 Hearing. RCW 69.50.505(e) is amended solely to provide the specific exception that the Federal Way chief of police shall designate a hearing examiner for forfeiture matters upon concurrence of the �a�m�or. Section 62. FWRC 6.50.050 is hereby amended to read as follows: 6.50.050 Vehicles resembling police or fire vehicles. No person shall operate a motor vehicle within the city which is painted and contains decals, numbers, name or insignia so as to simulate a city or county police or fire department vehicle, or city vehicle, without prior authorization from the police chief, fire chief, �a�e�mayor, or their designees. Violation of this section is a misdemeanor. Section 63. FWRC 7.03.020 is hereby amended to read as follows: 7.03.020 Definitions. The definitions in this section apply throughout this title unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020. "Abandoned" means any property, real or personal, which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property, or which evidences indicia that no person is presently in possession, e.g., disconnected utilities, accumulated debris, uncleanness, disrepair and, in the case of chattels, location. Length of time or any particular state of mind of the owner or person entitled to possession are not conclusive in determining that property is abandoned. "Attractive nuisance" means the circumstance or condition which may reasonably be expected to attract young children and which constitutes a danger to such children. Attractive nuisances include but are not timited to unused or abandoned refrigerators, freezers, or other large appliances or equipment or any parts thereof; abandoned motor vehicles; any structurally unsound or unsafe fence or edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank, or shaft; and any lumber, trash, debris, or vegetation that may prove a hazard for minors. Ordinance No. 10- Page 29 of 36 Rev 1/10 "Building,"in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway car, cargo container, or other structure used for the lodging of persons or for carrying on business therein, or for the use, sale or deposit of goods. Each unit of a building consisting of two or more units separately secured or occupied is a separate building. "Hearing officer" means the si�y�e�mayor, or his or her designated representative. "Junk" means old, used, or scrap metal, rope, rags, batteries, paper, rubber, tires, machinery or appliances or parts of such machinery or appliances, wood, debris, trash, waste, household goods or hardware, medications, medical supplies, or medical devices, or junked, dismantled, wrecked or inoperable motor vehicles or vehicular component parts. "Junk vehicle" means any vehicle substantially meeting at least three of the following conditions: (1) Is three years old or older; (2) Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor, or transmission; (3) Is apparently inoperable; (4) Has an approximate fair market value equal only to the approximate value of the scrap in it. "Junkyard" means a property or place of business which is maintained, operated or used for storing, keeping, buying, selling or salvaging junk. "Litter" shall include, but is not limited to, debris in the form of cans, bottles, glass, ashes, garbage, wastepaper, packing material, scrap iron, wire, metal articles, discarded furniture and appliances, junk, broken stone or cement, broken crockery, discarded building materials, inoperable bicycles or bicycle parts, rags, boxes, crates, packing cases, mattresses, bedding, tree and vegetation trimmings, and all other trash, including abandoned inflammable materials, which are a fire hazard or a menace to the public health, safety, or welfare. Section 64. FWRC 8.15.090 is hereby amended to read as follows: 8.15.090 Registered tow truck operators — Contracts, requirements. (1) The ^�+., ^ is authorized to seek a towing company or companies for one or more contracts to be a city registered tow truck operator to perform towing and impounds pursuant to this title. Award of any such contract or contracts shall be consistent with the city's adopted purchasing policies and applicable state and local laws and policies, and be approved by the ' mayor or the city council, as applicable. Registered tow truck operators shall hold a valid city of Federal Way business license and be registered with the state of Washington pursuant to Chapter 46.55 RCW. (2) If the �a�mavor determines not to enter into a contract for registered tow truck operator services, the ��+„ ^��n�^°rmavor may authorize the director to have any tow truck operator registered with the state of Washington perform towing and impounds pursuant to this title. (3) A registered tow truck operator shall conduct any auction of vehicles impounded pursuant to this title in accordance with RCW 46.55.130, as now or hereafter amended. In addition, prior to closing any sale of an auctioned, impounded vehicle or transferring title thereto, the registered tow truck operator shall release the vehicle to an individual possessing a valid Washington driver's license or a valid driver's license from another state. (4) Records. Ordinance No. 10- Page 30 of 36 Rev 1/10 (a) With respect to any sale at auction of a vehicte impounded under this title, all registered tow truck operators shall record the date of sale, the vehicle identification number of each vehicle, the name, address and telephone number of the registered owner of the impounded vehicle being auctioned, as well as the name, address, driver's license number and date of driver's license expiration of each buyer. Said record shall be submitted to the director on or before December 31 st of each calendar year. (b) A registered tow truck operator shall maintain copies of all records of all sales required pursuant to this title, for at least six years, and such records shall be open at all reasonable times to the inspection of the designated official, or his or her duly authorized designees for inspection. Section 65. FWRC 8.30.440 is hereby amended to read as follows: 8.30.040 Schedule. The maximum speed limits set forth in the following schedule of speed limits are hereby established as the reasonable and safe maximum speed limits to be effective at all times upon the streets and highways designated in the schedule. The s�a�mayor shall cause appropriate signs to be erected on such streets and highways, giving notice of the speed limits, as provided in this chapter. (1) Speed limit 30 mph. No person shall operate a motor vehicle upon the following described roads in excess of 30 miles per hour: 9th Avenue South, between South 336th Street and South 348th Street. 11 th Place South, between South 320th Street and South 324th Street. 16th Avenue South, between South 356th Street and South 364th Way. 23rd Avenue Soufh, befinreen South 312th Street and South 324th Street. South 304th Street, between Pacific Highway South and Military Road South. South 324th Street, between 11 th Place South and 23rd Avenue South. South 364th Way, between 12th Avenue South and 16th Avenue South. � Southwest 356th Street, between 20th Avenue Southwest and Pierce County. (2) Speed limit 35 mph. No person shall operate a motor vehicle upon the following described roads in excess of 35 miles per hour: 1 st Avenue South, between South 296th Street and South 356th Street. 12th Avenue South, between South 372nd Way and South 364th Way. 16th Avenue South, between South Dash Point Road and Pacific Highway South, and between Pacific Highway South and 348th Street. 10th Avenue Southwest, between Southwest Campus Drive and 6th Avenue Southwest. 21stAvenue Southwest, between Southwest Dash Point Road and Southwest 356th Street. 28fh Avenue South, between South 304th Street and South 317th Street. South 288fh Street, between Pacific Highway South and F.A.I. #5. South and Southwest 312th Street, between Southwest Dash Point Road and 28th Avenue South. South 317th Street, between 28th Avenue South and 23rd Avenue South. South and Southwest 320fh Street, between 1,000 feet west of 1 st Avenue South and F.A.I. #5 and between 21 st Avenue Southwest and 47th Avenue Southwest. South 336th Street, between 1 st Way South and Weyerhaeuser Way South. Orc�inance No. 10- Page 31 of 36 Rev 1/10 Southwest 336th Street, between 21 st Avenue Southwest and 26th Place Southwest. Southwest 336th Way, between 26th Place Southwest and 30th Avenue Southwest. Southwest 340th Street, between 30th Avenue Southwest and Hoyt Road Southwest. South 344th Street, between Weyerhaeuser Way South and 1,500 feet east of Weyerhaeuser Way South. Soufhwest 344th Street, between 21 st Avenue Southwest and 35th Avenue Southwest. South 348th Street, between 1st Avenue and Pacific Highway South. South 356th Street, between 1 st Avenue South and 16th Avenue South. South 359th Street, between Pacific Highway South and 16th Avenue South. South 373rd Street, between Pacific Highway South and South 372nd Way. South 372nd Way, between 12th Avenue South and South 373rd Street. Hoyt Road Southwest, between Southwest Dash Point Road and Pierce County. Milton Road South, between Enchanted Parkway South and South 369th Street. Redondo Way South, between South Dash Point Road and the South 284th Street (if extended). Southwest Campus Drive, between 1 st Avenue South and 21 st Southwest. South Star Lake Road, between South 272nd Street and Military Road South. Weyerhaeuser Way South, between South 320th Street and South 349th Street. (3) Speed limit 40 mph. No person shall operate a motor vehicle upon the following described roads in excess of 40 miles per hour: South and Southwest 320th Street, between 21 st Avenue Southwest and 1,000 feet west of 1 st Avenue South and between F.A.I. #5 and 1,000 feet east of Weyerhaeuser Way South. Southwest 356th Street, between 1 st Avenue South and 20th Avenue Southwest. Military Road South, F.A.I. #5 at South Star Lake Road and F.A.I. #5 at South 307th Street (if extended). Section 66. FWRC 12.25.090 is hereby amended to read as follows: 12.25.090 Conditions for issuance. (1) No temporary business shall be operated on any site without the express consent of the owner thereof. The applicant shall be required to provide a signed consent from the property owner prior to the issuance of a license. (2) In conducting the temporary business, the applicant shall comply with all state and federal laws, and all city ordinances and resolutions which are applicable to the use or the conduct thereof. (3) Each site occupied by a temporary business shall be kept free of debris and litter, and upon completion or removal of the temporary business, all debris, litter or other evidence of the temporary business shall be removed. (4) Each site occupied by a temporary business must provide or have available sufficient off- street parking and vehicular maneuvering area and access for customers. Each such site must provide safe and efficient interior circulation and ingress and egress from a public right-of-way. (5) In the event that a temporary business is conducted within an established parking area, no more than 25 percent of the parking spaces may be occupied by or devoted to the temporary business use. (6) No temporary business shall occupy or be conducted on public rights-of-way, parks or other public lands in any manner unless specifically approved by the s+#��e�mayor or Ordinance No. 10- Page 32 of 36 Rev 1/10 designee. In the event that such occupation or use is authorized, the applicant shall be required to furnish liability insurance with the city as a named insured, in an amount to be determined by the ' mayor commensurate with the risk associated with the conduct of the temporary business. (7) All signs used in connection with any temporary business shall comply with the applicable sign regulations of the city. (8) All temporary businesses shall obtain, prior to the conduct of the business or occupancy of any site, all required city permits, licenses or other approvals, e.g., building permits, conditional use permits, etc. (9) All temporary businesses shall be conducted and operated pursuant to a plot or site plan submitted with the application and approved as part of the license. (10) The licensee shall maintain a current state retail sales tax number on file with the city for the duration of the temporary business. (11) The temporary business shall comply with all applicable standards of the county health department. (12) The temporary business and associated structures will be compatible with uses in the general vicinity and on adjacent properties. (13) No temporary business shall adversely impact the public health, safety, or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct of uses and activities in the vicinity. (14) All personnel engaged in the temporary business shall remain fully clothed at all times and shall be neat and orderly in appearance. (15) Temporary businesses shall not use loud- speakers or other mechanical or audio devices which project sound beyond the area occupied by the temporary business. Vendors shall not yell, shout or hawk their goods or services in such a manner that sound is audible beyond the immediate premises on which the temporary business is conducted. (16) No temporary business shall occupy a site or operate within the city for more than 90 days, whether consecutive or nonconsecutive, within any calendar year. Section 67. FWRC 19.40.050 is hereby amended to read as follows: 19.40.050 Administrative guidelines. The si�,a�a�mayor is authorized to adopt administrative guidelines to implement the provisions of this chapter. These administrative guidelines will be used in the preapplication review and have the full force and effect as if they were set forth in this title, and shall be on file in the department of community development services. Section 68. FWRC 19.60.030 is hereby amended to read as follows: 19.60.030 Conduct of the review. The ^�+�� m°^°^°rmavor may appoint one or more employees or other persons working on behalf of the city to perform the functions established under this chapter. Ordinance No. 10- Page 33 of 36 Rev 1/10 Section 69. FWRC 19.80.050 is hereby amended to read as follows: 19.80.050 City council review. (1) Docketed proposals. The city council shall review docketed proposals concurrently, on an annual basis and consistent with RCW 36.70A.130(2). As part of such annual review, the councif shall review docketed proposals received prior to September 30th of the calendar year. Docketed proposals submitted after September 30th shall be considered during the following annual review. (2) Other amendments. The city-initiated amendments of the comprehensive plan shall be reviewed concurrently with docketed proposals. The city council may also review or amend the comprehensive plan: (a) If an emergency exists, which is defined as an issue of community-wide significance that promotes the public health, safety, and general welfare; (b) To resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court; (c) To adopt or amend a shoreline master program under the procedures set forth in Chapter 90.58 RCW; (d) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea; (e) The amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the city budget. The city council will hold the public hearing on this matter rather than the planning commission; and (f) In other circumstances as provided for by RCW 36.70A.130(2)(a). The city council may review city-initiated changes to development regulations or to the city's zoning map concurrently with the docketed proposals or at the council's discretion. (3) Additional information. The city councit may request, through the ' mayor, that the department or any other department of the city provide any information or material on a proposal(s), consistent with FWRC 19.80.160. Section 70. FWRC 19.95.090 is hereby amended to read as follows: 19.95.090 Interlocal agreement. (1) The ��+., m � n � nor mayor is authorized to execute, on behalf of the city, an interlocal agreement for the collection, expenditure, and reporting of school impact fees; provided, that such interlocal agreement complies with the provisions of this section, be in form and content acceptable to the city attorney and be approved by the city council. (2)�The district shall establish a school impact fee account with the office of the King County treasurer, who serves as the treasurer for the district. The account shall be an interest-bearing account, and the school impact fees received shall be prudently invested in a manner consistent with the investment policies of the district. (3) For administrative convenience while processing the fee payments, school impact fees may be temporarily deposited in a city account. On a monthly basis, the city shall deposit the school impact fees collected for the district in the district's school impact fee account. (4) The district shall agree to indemnify and hold the city, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, Ordinance No. 10- Page 34 of 36 Rev 1/10 resulting from, or connected with the collection of impact fees or any other actions taken by the city pursuant to the terms of the ordinance codified in this chapter or pursuant to the terms of the interlocal agreement. Section 71. 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 72. 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 73. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 74. 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. 10- Page 35 of 36 Rev 1/10 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.: K:\ord�2010\transition\code update Ordinance No. 10- Page 36 of 36 Rev 1/10 COLTNCIL MEETING DATE: September 14, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: PURCHASE 1/6 OF A 2003 LENCO BEARCAT ARMORED VEHICLE FOR VALLEY SWAT WITH $22,400 IN VNET STATE SEIZURE FUNDS. POLICY QUESTION Should the City of Federal Way spend $22,400 of Valley Narcotics Enforcement Team's State seizure funds to pay 1/6`�'the cost of a 2003 Lenco BearCat Armored Vehicle to be used by Valley SWAT? COMMITTEE Parks, Recreation, Human Services and Public Safety Council Committee - (PRHS&PS) CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: Steve � ❑ Ordinance ❑ Resolution Commander Attachments: PRHS&PS Staff Memo MEETING DATE: 09/14/lO ❑ Public Hearing ❑ Other DEP'r: Police Options Considered: 1�. Approve expenditure of $22,400 in VNET State seizure funds to purchase 1/6`" of a 2003 Lenco BearCat Armored Vehicle for Valley SWAT. 2. Do not approve the expenditure of $22,400 in VNET State seizure funds to purchase 1/6`" of a 2003 Lenco BearCat Armored Vehicle for Valley SWAT STAFF RECOMMENDATION Staff recommends Option #1 CITY MANAGER APPROVAL: •�� g� 1-' � DIRECTOR APPROVAL: f`�-' ��-� a,y �� 7 Committee Council Committee Council COMMITTEE RECOMMENDATION I move to forward the request to spend $22,400 in VNET State seizure funds to purchase 1/6`" of a 2003 Lenco BearCat Armored Yehicle for i�alley SWAT to the September 21, 2010 City Council consent agenda for approval. � Committee Chair � Commit�Iember �IiOPOSED COUNCIL MOTION `7 move to approve the spending of $22,400 in VNET State seizure funds to purchase 1/6`" ofa 2003 Lenco BearCatArmored Vehiclefor TTalley SWAT" (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 - 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: August 23, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City Manager/Chief of Police FROM: Andy Hwang, Assistant Chief of Police SUBJECT: Purchase 1/6�' of a 2003 Lenco BearCat Armored Vehicle for Valley SWAT with $22,400 in VNET State Seizure Funds. Background Valley SWAT utilizes armored vehicles during operations. The vehicles are essential to the success of every mission and are a key piece of equipment that provides SWAT members ballistic protection. One of the armored vehicles currently used by VSWAT is a 1988 "Peace Keeper" that was obtained from the military via GSA surplus. Over the years, this vehicle has served the team well but has required significant mechanical and electrical work to keep it in operating condition. Most recently, studies of the ballistic armor used in the Peace Keeper have cast serious doubt on the armors ability to defeat rifle fire. In fact, there are several documented cases where a wide variety of commercially available rifle ammunition has defeated this type of vehicle armor. Due to the continuous expense to keep the Peace Keeper operational and the suspect effectiveness of the armor, the Executive Board for Valley SWAT has been discussing the need to replace the Peace Keeper for several years. Recently, the opportunity to replace the Peace Keeper with an armored vehicle that does meet contemporary operational needs has developed. In late June of this year, a 2003 Lenco BearCat armored vehicle was put up for sale by the New York Tactical Officers Association (NYTOA). This vehicle was originally purchased by the Los Angeles County Sheriff's Office SWAT team who used it until late 2007 at which time they traded it into Lenco for a new BearCat. Lenco completely refurbished the vehicle, updating it to current day standards. The vehicle was sold to the New York Tactical Officers Association. They leased it to a small state of New York law enforcement agency for one year. The agency did not renew their lease for the BearCat and returned the vehicle to the NYTOA. The NYTOA put the vehicle up for sale. The vehicle is basically a brand new with only 1,100 miles on it since it was completely refurbished and updated by the manufacturer. The vehicle currently has only 18,000 total miles on it. The price to purchase the used BearCat is $119,000. This provides a substantial savings opportunity to the agency that purchases this vehicle instead of buying a new BearCat, similarly outfitted. The BearCat that Valley SWAT currently owns was purchased in 2007 at a cost of more than $260,000. At the end of July 2010, the Valley SWAT Executive Board sent a Valley SWAT Commander and Team Leader to inspect the vehicle. It was professionally inspected by a Ford dealership (it has a Ford F550 chassis). It was checked for mechanical and electrical problems. The vehicle was found to be in perfect working order. Because of the need for this type of vehicle the Valley SWAT Executive Board approved the process to acquire this vehicle. These types of vehicles are rarely offered for resale and this is an exceptional opportunity to replace the non-useable Peace Keeper at an extraordinary value. Funding for the purchase of this vehicle is from the Valley Narcotics Enfarcement Team (VNET) seized and forfeited assets. VNET will be dispersing $22,400 to each of the six participating agencies of VNET for the purchase of this vehicle. These same agencies are also participating members of VSWAT. The funds are State seizure funds and are limited in use and must be spent specifically to enhance local narcotics enforcement. More than 70% of Valley SWAT missions are directly related to narcotics investigations. The Renton Police Department has already purchased the Bear Cat with the approval of the Valley SWAT Executive Board and is preparing to bill each member agency for their $22,400 in VNET State Seizure Fund reimbursement. The vehicle will be titled and licensed to the City of Renton and will be an asset for all partner cities of VNET and VSWAT. Maintenance and Operation costs are already included in the yearly budgets provided by each agency for Valley SWAT. This BearCat will be replacing the Peace Keeper and should result in a reduction of maintenance costs due to prior refurbishing and sound mechanical condition. 2 COUNCIL MEETING DATE: September 21, 2010 ITEM #:� _.. __ _..... ... _........ _..... _ ....................... .._.................... . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VALLEY SPECIAL WEAPONS AND TACTICS TEAM POLICY QUES'I'ION: SHOULD TAE CITY OF FEDERAL WAY/FEDERAL WAY POLICE DEPARTMENT ACCEPT THE CHANGES MADE TO THE VALLEY SRT CONTRACT? COMMITTEE: PRHS&PS Committee CHANGES CATEGORX: � Consent ❑ City Council Business STAFF REPORT BY: AndV 1. H Attachments: 1. PRHS & PS Committee Memo MEETING DATE Sept. 14, 2010 � Ordinance ❑ Public Hearing ❑ Resolution ❑ Other DEPT: Police 2. Valley Special Weapons and Tactics Team (SWAT) Interlocal Agreement Options Considered: � Accept the Changes 2. Reiect the Changes STAFF RECOMMENDATION: 1 CITY MANAGER APPROVAL: �� tjn.� � ' f�V�D •�• ��DIRECTOR APPROVAL: � � Conunittee � CoLmcil Committee Council CONfNQTTEE RECOMMENDATION: I movP to forwarrl the propose�I Agreement to the September 21, 2010 Council Meetiizg consent cagendu for• appr•oval. , Committee Chair Cominit�ee Member PROPOSED COiJNCIL MOTION `7 move approval of the SWAT Interlocal Agreement, effective August 19, ZOIO�or• a rnini�num. of one (1) year�, cand az�tlzorize Police Chief/City Manager Brian J. Wilson to sign such Ag�°eement. (BELOW TO BE COMPLETED BY C'ITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPRO VED COUNCIL BILL # ❑ DENIED 1 ❑ TABLED/DEFF.KREll/NO ACTION Enactment reading ❑ MOVED TO SECO'VD READING (orclinances only) ORDTNA�YCE # REVISED — 08/12,�2010 RESOLUTION # d�t�� i- CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 14, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee V1A: Brian J. Wilson, City Manager FROM: Andy J. Hwang, Assistant Chief SUBJECT: Interlocal Cooperative Agreement Valley Special Weapons and Tactics Team Background • The Federal Way Police Department joined the Valley Special Response Team (Valley SRT) in 2001. King County and other municipalities within the Puget Sound area make up the multi- jurisdictional team know as the Valley SRT. The team would like to change the current contract to incorporate the following changes: 1. Remove the City of Des Moines as a participating agency 2. Change the team name from Valley Special Response Team (SRT) to Valley Special Weapons and Tactics Team (SWAT) 3. Update addi•ess information on the signature page and remove City of Des Moines 1 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM 1. PARTIES The parties to this Agreement are the Port of Seattle and the municipalities 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. III. PURPOSE The parties hereto desire to establish and maintain a multi jurisdictional SWAT Team to effectively respond to high risk criminal occurrences as described below. IV. FORMATION There is hereby created a multi-jurisdictional Team to be hereafter known as the "Valley Special Weapons and Tactics Team" ("VSWAT"), the members of which shall be the Port of Seattle, and the cities of Auburn, Federal Way, Kent, Renton, and Tukwila. The SWAT Team has been in existence for some time, and this Agreement is being re-entered into in order to remove the City of Des Moines as a SWAT Team member. The future admission or elimination of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to this agreement. V. STATEMENT OF PROBLEM King County and the municipalities within the Puget Sound area have experienced increasingly violent criminal confrontations due to, among other reasons, increased gang activity; increased drug abuse, distribution, and manufacturing; increased urbanization; and increased population densities. The ability to safely control, contain, and resolve high risk criminal incidents such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic or high risk search warrants has strained the resources of the members' individual police departments. VALLEY SWAT TEAM 08-19-2010 ;NTER�CCAL AGREEMENT Page 1 Law enforcement efforts directed at dealing with these high risk criminal incidents have, for the most part, been conducted by law enforcement agencies working independently. A multi-jurisdictional effort to handle specific high risk criminal incidents, as well as incidents involving weapons of mass destruction, results 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 special response team. This results in improved services for the citizens of all participating jurisdictions, increased safety for officers and the community, and improved cost effectiveness. VI. TEAM OBJECTIVES The individual specialty units from each participating jurisdiction will be consolidated and combined to form the VSWAT Team. The SWAT Team shall service each participating jurisdiction. The VSWAT Team may also be available to outside law enforcement agencies as provided by chapter 10.93 RCW. The objective of the VSWAT Team is to respond to specific high risk criminal incidents in a manner that provides for the effective use of personnel, equipment, funds, and training. The VSWAT Team shall respond as requested by any of the participating jurisdictions and provide a coordinated response to high-risk incidents. As special needs arise, it may be necessary to request from other law enforcement agencies assistance and/or personnel, at the discretion of the VSWAT Team Incident Commander and/or the VSWAT Team Tactical Commander. VII. DURATION AND TERMINATION The minimum term of this Agreement shall be one (1) year, effective upon its adoption. 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 VSWAT Team 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 VSWAT Team may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only when the police chief 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. All Board decisions shall be made by a majority vote of the Board VALLEY SWAT TEAM 08-19-2010 INTERLOCAL AGREEMENT Page 2 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 monthly, unless 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. The policies, regulations, and operational procedures in effect pursuant to the previous interlocal agreement shall be in effect without action of the Board and until such time as they are subsequently altered by the Board. The VSWAT Team written policies, regulations, and operational procedures shall apply to all VSWAT Team operations. Thus, to the extent that the written policies, regulations,.and operational procedures of the VSWAT Team conflict with the policies, regulations, and operational procedures of the individual jurisdictions, the VSWAT Team 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 VSWAT Team. 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 calls that the VSWAT Team responds to, problems of the VSWAT Team, 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 monthly written reports to the Board on the actions, progress, and finances of the VSWAT Team. In addition, the Tactical Commander shall be responsible for presenting rules, procedures, regulations, and revisions thereto for Board approval. Each jurisdiction shall contribute six (6) full-time commissioned officers, which shall include at least one (1) Sergeant or other first level supervisor, to be assigned to the VSWAT Team. Board approval must be obtained for the jurisdiction to assign less than this staffing requirement. The personnel assigned to the VSWAT Team 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 VSWAT Team. 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 VALLEY SWAT TEAM 08-19-2010 �NTERLOCAL AGREENIENT Page 3 regard to empioyees and with provisions of any applicable collective bargaining agreements and civil service rules and regulations. The Board may appoint the finance department of a participating jurisdiction to manage the finances of the VSWAT Team. Before appointing the finance department of a particular jurisdiction to manage the finances of the VSWAT Team, the Board shall consult with the finance department of the jurisdiction and obtain its approval. The duty of managing the finances of the VSWAT Team shall be rotated to other participating jurisdictions at the discretion of the Board. The Board may, at its discretion, appoint one (1) or more legal advisors to advise the Board on legal issues affecting the VSWAT Team. 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 VSWAT Team, an Incident Commander, VSWAT Team Tactical Commander, and VSWAT Team Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, the VSWAT Team Tactical Commander, and the VSWAT Team Team Leader(s) shall be set forth in the standard 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 VSWAT Team members. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating VSWAT Team members. Each participating jurisdiction shall provide sufficient funds to provide for training of its participating VSWAT Team members. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the VSWAT Team 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 VSWAT Team members. The Board must approve any joint capital expenditure for VSWAT Team equipment. XII. DISTRIBUTION OF ASSETS UPON TERMINATION Termination shall be in accordance with those procedures set forth in prior sections. Each participating jurisdictian shall retain sole ownership of equipment purchased and provided to its participating VSWAT Team members. VALLEY SWAT TEAM 08-19-2010 WTERLOCHL AGREEMENT Page 4 Any assets acquired with joint funds of the VSWAT Team shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the VSWAT Team 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 cfaimed 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 VSWAT Team 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 VSWAT Team at the time of dissolution in proportion to the jurisdiction's percentage participation in the VSWAT Team as of the date of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the VSWAT Team, but the VSWAT Team continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the VSWAT Team 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 agency will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in the VSWAT Team upon dissolution shall meet to 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 VSWAT Team 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 VSWAT Team 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 VALLEY SWAT TEAM 08-19-2010 INTERLOCAL AGREEMENT Page J 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. Jurisdiction Not Involved In VSWAT Team Response. In the event that a jurisdiction or its personnel were not involved in the VSWAT Team 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 a particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. B. Intentionally Wronqful Conduct Beyond the Sco�e of Emqlovment. Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any VSWAT Team 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 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 aftorneys 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 VSWAT Team 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 VALLEY SWAT TEAM 08-19-2010 INTERLOCAL AGREEMENT Page 6 individuai 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 VSWAT Team operations, the jurisdiction shall promptly notify the other jurisdictions that the 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 VSWAT Team 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 VSWAT Team activities. The lead jurisdiction shall be the jurisdiction within which the VSWAT Team response occurred; PROVIDED, that in the event the jurisdiction within which the VSWAT Team response occurred did not participate in the VSWAT Team response, the lead jurisdiction shall be the jurisdiction within which the incident that required the VSWAT Team response originated. In the event that a jurisdiction that was not involved in the VSWAT Team 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. VALLEY SWAT TEAM 08-19-2010 INTERLOCAL AGREEMENT Page 7 B. Assistance of Tactical Commander. The VSWAT Team Tactical Commander shall assist the lead jurisdiction in responding to a claim. The VSWAT Team Tactical Commander shall be responsible for gathering all records relating to the VSWAT Team 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 VSWAT Team 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. C. Claims of $5,000 or Less. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible for working with the Tactical Commander to gather records relating to the VSWAT Team 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 — Apportionment of Damages. The lead jurisdiction, with the assistance of its insurance provider and risk manager, shall determine whether the VSWAT Team 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 VSWAT Team. 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 VSWAT Team 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 VSWAT Team and each and every officer, agent, or volunteer of those participating jurisdictions. VALLEY SWAT TEAM 08-19-2010 INTERLOCAL AGREEMENT Page 8 In the event the lead jurisdiction determines that the VSWAT Team 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 VSWAT Team, 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. In the event a lead jurisdiction, in conjunction with its insurance provider, determines that payment of a claim is appropriate, the insurance provider shall provide each of the participating 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 VSWAT Team 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 VSWAT Team 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 VALLEY SWAT TEAM 08-19-2010 INTERLOCAL AGREEMENT Page 9 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: Auburn Kent Auburn City Attorney 25 West Main Street Kent City Attorney Auburn, WA 98001 220 4` Avenue South (253) 931-3030 Kent, WA 98032 (253) 856-5781 Auburn Police Chief Kent Risk Manager 340 East Main Street„Suite 201 220 4� Avenue South Auburn, WA 98002 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 68727 33325 – 8 Avenue South Seattle, WA 98168 Federal Way, WA 98003 ; Tukwila: Federal Way City Attorney 33325 – 8 Avenue South City Clerk Federal Way, WA 98003 � — -------- -- VALLEY SWAT TEAM OS-19-2010 INTERLOCAL AGREEMENT Page 10 City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 WCIA Renton Claims Manager Renton Risk Manager WCIA 1055 So. Grady Way P.O. Box 1165 Renton, WA 98057 Renton, WA 98057 CIAW Director of Claims Canfield & Associates, Inc. 451 Diamond Drive Ephrata, WA 98823 XVIII. COMPLIANCE WITH THE LAW The VSWAT Team and all its members shall comply with all federal, state, and local laws that apply to the VSWAT Team. 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 VSWAT Team for a minimum of seven (7) years. A copy of these records will be forwarded and maintained with the designated VSWAT Team Training Coordinator. 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 city clerks of the respective participating municipalities, and such other governmental agencies as may be required by law. XXII. SEVERABILITY VALLEY SWAT TEAM 08-19-2010 INTERLOCAL AGREEMENT Page �I I 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 Mayor, City of Renton City Clerk, City of Renton Mayor, City of Tukwila City Clerk, City of Tukwila Mayor, City of Kent City Clerk, City of Kent City Manager, City of Federal Way Date Date City Attorney, City of Renton Date Date Date City Attorney, City of Tukwila Date Date Date City Attorney, City of Kent Date Date Date City Attorney, City of Federal Way Date VALLEY SW AT TEA�n 08-19-2010 INTERLOCAL AGREEMENT Page I? City Clerk, City of Federal Way Date Chief Executive Officer, Port of Seattle Date Port Counsel, Port of Seattle Date VALLEY SWAT TEAM 08-19-2010 INTERLOCAL AGREEMENT Page 13 COUNCIL MEETING DATE: September 21, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5 SUBJECT Proposed S 332° Street Alignment, Detention Pond Location, and Relocated Celebration Park Driveway POLICY QUESTION Should the Federal Way City Council approve the proposed location of S 332" Street and a detention pond on Celebration Park property, and the relocation of the Celebration Park driveway? COMMITTEE Parks/Recreation/Human Services & Public Safety Committee MEETING DATE Sept. 14 2010 CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Ann Dower, Senior En ineerin Plans Reviewer DEPT Public Works _._._ .........................................................._....._....._.............�.............................._�..............._....__......................................_..................................._..._._........................_._._.........................._........._..........._......................_.............................................................._._._._......... Attachments: Memorandum to Parks/Recreation/Human Services & Public Safety Committee dated September 14, 2010. Options Considered: �Approve the proposed alignment of S 332" Street, the proposed detention pond location, and the proposed relocation of the Celebration Park driveway. 2. Do not approve the proposed alignment of S 332" Street, the proposed detention pond location, and the proposed relocation of the Celebration Park driveway, and provide direction to staff. STAFF RECOMMENDATION Staff recommends Option 1 be forwarded to the September 21, 2010 City Council Consent Agenda for approval. � � CITY MANAGER APPROVAL: �, �/i� gfO� I:�� DIRECTOR APPROVAL: � Committee Council Committee Council COMMITTEE RECOMMENDATION 1 move to forward approval of the proposed alignment o S 332" Street, the proposed detention pond location, and the proposed relocation of the Celebration Park driveway to the September 21, 2010 City Council Consent Agenda for approval. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # PROPOSED COUNCIL MOTION "I move approval of the proposed alignment of S 332" Street, the proposed detention pond location, and the proposed relocation of the Celebration Park driveway for the school district's Service Center Project. " — "fv�wC,-�4c,1 '�i� -�i7; �f �u/0 �� fi �'�'�"'�^, �� vl�✓� ��._� �__ CITY OF FEDERAL WAY MEMORANDUM DATE: September 14, 2010 TO: Parks/Recreation/Human Services & Public Safety Committee VIA: Brian Wilson, City Manager/ Police Chief FROM: Cary M. Roe, P.E., Director of Parks, Public Works, and Emergency Management �- SUBJECT• I'roposed S 332" Street Alignment, Detention Pond Location, and Relocated Celebration Park ' Driveway BACKGROUND: The Federal Way Public School District's Service Center project at 1211 S 332 Street includes a code requirement to build S 332 Street and 13 Avenue S along the property frontage, along with all necessary utilities. This project will include removal of a portion of the Celebration Park driveway, and relocation of the Celebration Park's south driveway. S 332" Street is proposed to be built partially within the current Celebration Park property boundary to allow proper alignment with existing city streets. The school district is also proposing a new detention pond located in the southwest corner of Celebration Park to detain runoff from S 332° Street. Staff is seeking PRHSPSC Committee approval of the location of S 332" Street, the detention pond, and the driveway. Please see attached plans. There are several reasons the detention pond is proposed to be located within the park: • It follows the natural topography and drainage patterns of the area. • It allows Public Works staff easy access to the pond off of S 332" Street for maintenance. • A detention pond is preferred over other alternatives, such as an underground vault, due to maintenance and safety issues. • The City prefers detention and treatment facilities serving city right-of-way to be located on City property to avoid access conflicts and other legal issues. • Currently the subject area is a berm created with excess material from Celebration Park construction. • Physical constraints make it infeasible to send storm water runoff from S 332° Street to existing ponds at either the Community Center or at Celebration Park. In addition to constructing the pond, the School District is required to remove the existing park driveway located between the Federal Way Community Center and 13`" Avenue S. This was anticipated as part of the original design for Celebration Park, once S 332° Street was built. The sidewalk within the park will remain, and the driveway will be relocated to S 332° Street. It is anticipated that construction of S 332 Street and relocation of the driveway will help reduce cut-through traffic in the park, once the street system in that area is fully developed and 13`" Avenue S is extended to the north. This information was presented to the Parks Commission on August 5, 2010. There was no opposition to this proposal. The commissioners were concerned about safety and recommended fencing the storm water pond. If approved, the School District intends to construct the street, pond, and driveway in the spring of 2011. The Public Works Department would then assume maintenance of the pond and street. 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COUNCIL MEETING DATE: September 21, 2010 CITY OF FEDERAL WAY CITY COUNCIL ITEM #: AGENDA BILL SUBJECT: T-MOBILE SITE LEASE RENEWAL — LAKOTA PARK POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF THE WIRELESS SITE LEASE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT� COMMITTEE: PARKS RECREATION & PUBLIC SAFETY CATEGORY: f� Consent ❑ Ordinance ,_ C Co un c il Bu STAFF REPORT BY: PATRICIA RICHARDSON ❑ Resolution MEETING DATE: 9/14/2010 ❑ Public Hearing ❑ Other DEPT: Law T-Mobile West Corporation (formerly VoiceStream PCS III Corporation) entered into a Lease Agreement with the City on April 12, 2000 for installation and operation of certain equipment on City owned land located at Lakota Park for use in connection with its wireless telephone communications service. The 2000 Lease Agreement provided for rental fees in the amount of $975.00 per month with a 4% increase each year. In 2004, the contract was extended far an additional 5 year term. The lease expired on December 14, 2009 and T-Mobile has requested to renew the lease for an additional five-year term pursuant to the terms of the lease. During negotiation of the Amendment, the City requested that the rental fees increase to $2,249.00 with a 4% increase each year throughout the term. Options Considered: � Recommend approval of the lease renewal and authorize the City Manager to execute the amendment. iect the lease renewal. STAFF RECOMMENDATION Recommend approval of the lease renewal and authorize the City Manager to execute the amendment. n �ti i��'`" PA� CITY MANAGER APPROVAL: ,�U �J �j !�f �l• DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION I move to forward the proposed amendment to the T-Mobile Site lease to the September 21, 2010 consent agenda for approval. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 02/06/2006 RESOLUTION # PROPOSED COUNCIL MOTION "I move approval of the First Amendment to the T-Mobile Site Lease at Lakota Park, covering December 1 S, 2009 through December 14, 2014 and authorize the City Manager to sign said amendment. " F[RST AMENDMENT TO SITE LEASE AGREEMENT ��G # oo-l�z� This First Amendment ta Site Lease Agreement ("First Amendment"} is dated effective this day of , 2010 ("Effective Date"}, and is entered into by and between the City of Eederal Way, a Washington municipal corporation ("City"}, and T-Mobile West Corporation, a Delaware corporation, as successor-in-interest to VoiceStream PCS [II Corporation ("Tenant"), sometimes collectively referred to herein as the "Parties". A. The City and Tenant (or Tenant's predecessor-in-interest) entered into a Site Lease Agreement dated effective April 12, 2000 ("Lease"), whereby the City agreed to lease to Tenant a portion of the space on and air-space above the City property ("Premises"). B. The Lease provides that Tenant may renew the Lease for three (3} additional five (5) year Renewal Terms and Tenant affirms that it is exercising at least one Renewal Term hereunder. C. Pursuant to Section 27.b. of the Lease, any modification of or amendment to the Lease must be in writing and executed by both parties. D. Pursuant to Section 2 of the Lease, City had a fair market rent analysis performed and determined that the current monthly Rent was more than twenry percent below fair market rent for the Lease and City now desires to increase the monthly Rent under the Lease as set forth below. NOW, THEREFORE, in consideration of the mutual covenants contained herein and far other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged the parties agree to the following terms and conditions: 1. Tenant Name. City acknowledges and agrees that T-Mobile West Corporation, a Delaware corporation is the successor-in-interest to VoiceStream PCS III Corporation as Tenant under the Lease. 2. Term Pursuant to Section 4 of the Lease, the Lease shall be renewed for an additional five (5} year Renewal Term commencing on December 15, 20Q9, and expiring December 14, 2Q14, unless renewed pursuant to the terms of the Lease. 3. Rent. Commencing on December 15, 20Q9, the new monthly Rent under the Lease shall be Two Thousand Two Hundred Forty-Nine and no/100 Dollars ($2,249.00) per month, due on ar before the 5` day af each month. The Rent shall be increased by four percent (4%) each year on each subsequent December 15 during the term of the Lease. Tenant may pay to City any unpaid Rent retroactive to December 15, 2009 ("Retroactive Rent") within thirty (30) days of the full execution of this First Amendment. The Retroactive Rent shall not be considered past due untess it is not paid within thirty (30} days of the full execution of this First Amendment. SEQ4653A - Lakota Park — 1 — 4. Notices Section 16 of the Lease shall be amended to change the notices addresses for the City and Tenant as follows: If to City: City Attorney P.O. Box 9718 33325 Eighth Avenue South Federal Way, WA 98063 With a copy to: City Manager PO Box 9718 33325 Eight Avenue South Federal Way, WA 98063 If to Tenant: T-Mobile USA, Inc. 12920 SE 28�` Street Bellevue, WA 98006 Attn: PCS Lease Administrator Attn: Legal Department with a copy to: T-Mobile West Corporation 19807 North Creek Parkway N. Bothell, WA 98011 Attn: Lease Administration Manager 5. Full Force and Effect. The terms and conditions of the Lease are incotporated herein by this reference, and capitalized terms used in this First Amendment shall have the same meanings such terms are given in the Lease. All other terms and conditions of the Lease not modified by this First Amendment shall remain in full force and effect, all of which are ratified by the Parties. To the extent there is any conflict between the terms and conditions of the Lease and this First Amendment, the terms and conditions of this First Amendment will govern and control. 6. Authori . The persons who have executed this First Amendment represent and warrant that they are duly authorized to execute this First Amendment in their individual or representative capacity as indicated. // // // SE04653A - Lakota Park - 2 - DATED the effective date set forth above. CITY OF FEDERAL WAY : ATTEST: Carol McNeilly, CMC, City Clerk Brian Wilson, Interim City Manager PO Box 9718 Federal Way, WA 98063-9718 APPR4VED AS TO FORM: Patricia A. Richardson, City Attorney T-MOBILE WEST CORPORATION, a Delaware corporation B : �Q-` `� �$ t� Y Kautily a Area Director, Engineering & Operations STATE OF WASHINGTON COUNTY OF KING ) ) ss. ) On this day personally appeared before me Kautilya Lanba, to me known to be the Area Director, Engineering & Operations of T-Mobite West Corporation, a Delaware corporation, that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary a and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated tha she was authorized to execute said instrument and that the seal affixed, if any, is the corporate al of said corparation. GIV hand and official seal this ��tday of i �, 2010. ��tr .� � � , �� p,Rlq F l >>i ,; ,...,.,,,�� i - ; �,�ss1�,y�,,,�iC �� _ ' p� �� T q�p a '%�'�. i �IA V 1 �YV14 T— ' � " '` j0 % % (typed/printed name of notary) , : tn= '._ ^': � � y. � Ap�� = = Notary Public in and for the State of ;�r ��i �c<` '�h,;�9-12,.� p�_ My commission expires � 1 a� ��„ /// ��lo� �A,SH��G� �� t� �� \\ SE04653A - La�CO�a Park - 3 - ` c�rr oF cITY H,�,1.L �..... Federal It1la �25 Sth Avenue Sauth - PO Box 9718 �� Federai Way WA 98063-9718 {253) 835-7000 www.atyvflbderalwey.cv►n (253) 835-2562 August 10, 2010 VIA FACSIl1�fILE Mr. Kautilya Lanba Area Director, Engi.neering and Operations T-Mobile West Corporation � Fa�c No. (425) 398-7620 Re: Ciarification of Partial Payment PCS Site Lease # SE 4653A Site Address: 1200 SW 312�' Stireet, Federal Way Dear Mr. Lanba: The purpose of this letter is to clarify the amounts owed and v�rify receipt of partiai payment for the amounts owing on the above-referenced PCS Site Lease. The current total amount due and payable for such lease is $19,152.77. This amount is calculated as follows: $1,160.77 for December 2009; and $17,992.00 for Januazy 2010 through August 2010 (at a rate of $2,249.00 per month). As you aze aware, the aforementioned lease term was renewed on 12/15/09 at which time the rent was raised by the City to $2,249.00 per month. T-Mobile neglected to pay rent from 12/15/09 through the current month of August 2010 as it considered the validiry of the rental increase. The City is now in receipt of $12,337.37 in checks dated July 26, 2010, which were sent by T-Mobile for back rent — but which calculated such rent at the old rental rate prior to the December 15�', 2009 increase. As a result, if the City were to cash these checks, the above lease would be current, roughly, through the month of May, leaving a balance of $6,815.40 owing on the account. My understanding based on conversations with Gary Abrahams is that T-Mobile West Corporation, the current tenant under the above-reference lease, hereinafter referred to as "T-Mobile", has now agreed to pay the City's new lease rate and is in the process of having the amendment to the site lease containing such increase executed to formally document its acceptance thereof. In the meantime, the City has agreeci to accept partial payment of the amount owed by cashing the back-rent checks in its possession to expedite the process in receiving the totai amount owed. By cashing the checks currendy in City possession, the City and T-Mobile agree that the City is neither accepting the partial pa.yment of $12,337.37 as a full payment for the amount of rent due nor is the City agreeing to a lease atnount less than 52,249.00 per month. As soon as the City receives confirmation of the understandings in this letter by your duly authorized signature below, the City will process the back-rent checks in its possession that constitute a partial payment in the amount of $I2,33737 with the understanding that the amendment to the site lease, which contains the new Iease rate of $2,249.00 per month, will be executed by T-Mobile and an _ Mr_ Lanba T-Mobile West Cocporation August 10, 2010 Page 2 of 2 additional payment in the amount of $6,815.40 (the "Additional PaymenP') will be received by the City promptly thereafter to bring the lease current ttu�ough the end of the month of August 2010. Following the City's receipt of the executed amendment and the Additional Payment in full, the City acknowiedges that the rental payments related to the above-referenced lease will be current tlu�ough the end of August 2010 and waives any claims related to or arising from T-Mobile's failure to pay rent in a timely manner prior to September 1, 2010. Thank you for your continued cooperation. Sincerely, � Amy Jo Assistant ity Attomey Ciiy of Federal Way The undersigned acknowledges receipt and agrees to the understandings set forth above. Signed this 6�' day of August 2010 by: T-Mobile West Corporation Q, `a 1� t� Ka.util a Area Director, Engineering and Operations , STATE OF r ) � ) ss. COUNTY OF ) On this day personally appeared before me Kautilya Lanba, to me known to be the Area Director, Engineering and Operations of T-Mobile West Corporation that executed the foregoing instrument, and acknowledg� the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instruinent and that the seal affixed, if any, is the corporate seal of said corporation. GNEN my han� �d official seal this � day of � - 2010. \ ,��\\1 � �111 �� j �� =� Q . / I = ♦ �``��xPi" �i ._ = , _-�g''a�p.RY R �` A � , �� / �i � % (typed/printed name of no ) � � ,,� o � ; �- � � ��'/� % � g Z -� � cy ��= Notary Public in and for the State of- Ls.C-I-L % 4 i i �J P1l0Q,� _ ? - � 2 ; ,Z -_ My cocnmission expires �Q ��_ � '' 6, ,.`' � - i n„ .• K:�Agram��l�!��`flVtobile Lakota partial payment ' ��11� � 0��,��\�' COUNCIL MEETING DATE: September 21, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�� SUBJECT 201�201X Human Services Commission Funding Public Services Recommendations and 2011 CDBG Capital Funding Recommendation. POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY ACCEPT THE HUMAN SERVICES COMMISSION PUBLIC SERVICES FUNDING RECOMMENDATIONS FOR 2011/2012 IN ADDITION TO THE 2011 CDBG CAPITAL PROJECT RECOMMENDATIONS? COMMITTEE Parks, Recreation, Human Services & Przblic Safety CATEGORY: ❑ Consent � City Council Business ■ ■ Ordinance Resolution MEETING DATE: September 14, 2010 ❑ Public Hearing ❑ Other STAFF REPORT BY: Lynnette Hynden, Human Services Division DEPT Community Development Mana er Services _.....__........... P.....---...._._ ............._........_.__..................................._...._._._........_..._......................................_._................_. __. Attachments: • Memorandum to PRHSPS Council Committee Dated September 3, 2010 • Exhibit A: 2010 Human Services Commission Public Services Funding Recommendations and 2011 CDBG Capital Projects Funding Recommendations Spreadsheet for 2011-2012 • E�chibit B: CDBG supporting documentation. • Exhibit C: Public testimony documents. Options Considered: 1. Recommend approval of the 2011-12 Human Services Commission Public Services Funding Recommendations and the 2011 CDBG Capital Projects Funding. 2. Do not recommend approval of the 2011-12 Human Services Commission Funding Recommendations for either the Public Services Funds or the CDBG Capital Funds. 3. Amend the proposed 2011-12 Human Services Commission Public Services Funding Recommendations and/or the 2011 CDBG Capital Projects Recommendations. STAFF RECOMMENDATION Staff � CITY MANAGER APPROVAL: 1 DIRECTOR APPROVAL: �t= Committee Council COMMITTEE RECOMMENDATION: 1 move to forward the proposed Agreement to the September 21 2010 City Council agenda for approval. � c Jv - \� (BELOW TO BE COMPLETED BY CTfY CLERKS OFFlCE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DEN[ED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # PROPOSED COUNCIL MOTION "I move approval of the Human Services Commdssion 2011/12 funding recommendations, effective January 1, 2011 through December 31, 2012 with a total compensation of $511,607.00 (combining the ongoing General Funds of $430,000.00 and CDBG Public Services dollars), and authorize the City Manager to sign said agreements. " ` CITY OF � Federal Way MEMORANDUM TO: Parks, Recreation, Human Services 8 Public Safety Council Committee FROM: Lynnette Hynden, Human Services Division Manager �'�Z�Y VIA: Human Services Commission DATE: Septem ber 3, 2010 RE: Human Services General Fund and CDBG Public Services Grant Funding Allocation Process BACKGROUND Every two years the Human Services Commission is charged with the overseeing the competitive process of allocating both the Human Services General Fund dollars as well as the Community Development Block Grant dollars. The funding process is complete when the commission makes its funding recommendations to City Council. This process coincides with the City Of Federal Wa�s budget process which also occurs every finro years. For the 2011 and 2012 budget years the Ciry Of Federal Way Human Services Commission with the support of the Human Services Division joined in with 17 other cities throughout King County and used a joint electronic application. The joint electronic application was available to everyone and technical assistance support was also readily available to all agencies throughout King County. The agency could choose to apply for funding from one city or multiple cities depending on their service areas. After the process had closed in April, 2010 the City Of Federal Way received 79 applications that totaled over 1 million dollars in requests for program funding to serve Federal Way residents. It is anticipated that for the 2011 and 2012 budgets the Human Senrices General Fund budget line item will remain the same as this current year. Grants totaling $430,000.00 General Fund and $81,606.00 CDBG are to be awarded to agencies in 2010 for the 2011 and 2012 budget years. The Human Services Commission preliminary awarded grants totaling $430,000.00 for Human Services General Fund and $81,607.00 for CDBG Public Services. In addition the Commission weighed in with two contingency plans one for a 10% increase as well as a 10% decrease in the General Funds. The Human Services Commission used four strategies as a guideline for categorizing the grant requests. These strategies were adopted by the City Council when they approved the Housing and Human Services Consolidated Plan. Strategy I: Support Basic Human Service Needs through Funding of Emergency Services. Strategy II: Support Programs that Promote Individual and Community Safery throughout Federal Way. Strategy III: Comprehensive Human Service Nefinrork and Address the Service Needs of Special Needs Populations to Fully Participate in the Communiry. Strategy IV: Provide a Supportive Environment & Services for Low-Income Families with Children. PROCESS The Human Services Commission members both alternate and voting members were divided up into smaller task groups associated with each strategy. A lead was chosen to facilitate the group collectively reviewing their applications and ranking the applications by scoring each application based on its own merits and information contained in the application itself. A consensus from the team was not the focus but rather a vigorous discussion on questions or concerns each member had after reading the application. Outlier scores were asked to be examined and discussed but members were not asked to bend towards consensus. The applications were scored based on the same standards regardless of the strategy. The individual scores were added together and then averaged. Applications were then sorted on the excel spreadsheets from the highest score to the lowest score. Each strategy had the applications broken down to acceptable applications above the mid point of the scoring and those below. For the most part the applications were well written but the threshold point was between 90 and 89 percentile per strategy. It was more highly likely an agency would be funded if it fell above the 90 percentile than below using the rating tool standard. The funds were distributed as follows: The line item fund of $430,000 was divided among the four strategies. Strategy I: 40%; Strategy II: 15%; Strategy III: 30% and Strategy IV 15%. The attached excel spreadsheets will have a corresponding column that is labeled "Proposed Funding." This dollar amount represents the percentage of the total funds to be allocated. Contingency Plan 1 is assuming the line item budget is increased by 10%. The Contingency Plan 2 assumes that the line item would be decreased by 10%. Community Development Block Grant (CDBG) program dollars are automatically awarded to the same agencies at the same 2010 budget level. Two agencies will need to continue to have both CDBG and HSGF dollars as in the past; however, we have submitted a request for a waiver due to hardship and the down turn in the economy. While we are hopeful that we might achieve a waiver from HUD we cannot confirm and/or assume. Therefore, the mixed funding is required for the two agencies. FINALIZING FUNDING RECOMMENDATIONS The attached excel spreadsheets represents the dollar amount assigned to each agency. Funding was also determined based on factors such as: Agencies ability to demonstrate how their program fits within the City's Strategies. The internal capacity of the agency and how they can effectively manage the program and the funds is a significant consideration. The location of the services being provided and access for the Federal Way resident is essential. While an agency can be located outside of Federal Way their explanation on how they will serve the FW resident has to be reasonable. Consideration should be given to agencies that are not duplicating services but collaborating with other like agencies in which to leverage their services, resources and funds. Finally, can the agency sustain the program and outcomes in the foreseeable future? It is a very difficutt process to read the applications for funding requests and rate their ability by their story and then award funding to an agency when funds aren't flowing generously. However, we are in a situation with toda�s economy that more residents need assistance and more agencies need additional revenue sources in which to sustain their programs. Having over one-million dollars in requests for a budget of $430,000.00 is extremely difficult. Not all agencies can be funded at a level which balances the grant with the administrative overhead. At some point a breaking point will occur where the actual dollar of the grant is weakened by the administrative overhead. As such you will see that with very few exceptions, suggested funding levels are at a minimum of $5,000.00. The next step in this process was for the entire Commission to join together and agree to preliminary recommendations for funding. This occurred in July 2010. The recommendations will then follow a public process and to begin with agencies were notified of the preliminary suggested award and invited to speak at a public hearing at which time the Commission can then take into consideration the public's comments and make necessary changes to their recommendations. August 30, 2010 a Public Hearing was held and several agency representatives were present and spoke to their concerns or shared their support of the Commission's recommendations. There were a slight few changes and the �nal funding recommendations are attached. 2010-2011 HSGF 8� CDBG PUBLIC SERVICE FUNDING RECOMMENDATIONS -"ATTACHMENT A" 2011 12 2011 2012 CDBG Contingency #1 Contingency #2 Strategy #1 Agency - Strategy #1 Program - 2010 HSGF 2010 CDBG 2011-2012 HSGF Public Service (10% Increased (10% Decreased Basic Needs 4096 GF Funding Funding Request Proposal Proposal Funding) Funding) **Auburn Youth AYR Street Outreach Resources Pro ram $0 $0 $5,500 $0 $0 $0 $0 **Catholic REACH OUT Men's Community Services Homeless Shelter of Western Program Washin ton $20,000 $0 $20,000 $15,000 $0 $0 $0 Catholic Community Emergency Assistance Services of Western Program (EAP) Washington $0 $0 $20,000 $10,000 $0 $0 $0 Child Care Resources Homeless Child Care $0 $0 $4,397 $6,500 $0 $0 -$2,500 Christ Community Christ Community Free Clinic Free Clinic $0 $0 $5,000 $0 $0 $0 $0 Emergency Feeding Program of Seattle & Hunger Relief Kin Count Program $0 $0 $11,000 $5,000 $0 $0 -$1,000 Emergency Feeding Program of Seattle & Medically Vulnerable Kin Count Low-Income Patients $0 $0 $3,000 $0 $0 $2,500 $0 Federal Way Rent Assistance and Community Emergency Shelter Care ivin Network $23,500 $0 $28,500 $15,000 $0 $0 -$2,000 Feminist Women's Reproductive health Health Center-Cedar care for low-income River Clinics women $0 $0 $10,000 $0 $0 $0 $0 Friends of Youth The Landing Young Adult Shelter $0 $0 $918 $0 $0 $0 $0 Transitional Housing FUSION pro ram $0 $0 $14,533 $10,000 $0 $0 -$1,000 HealthPoint Healthcare for the Homeless Pro ram $0 $0 $4,000 $0 $0 $3,000 $0 HealthPoint Dental Program $15,900 $15,399 $31,004 $15,900 $15,399 $0 $0 HealthPoint Medical Program $24,100 $0 $36,790 $10,000 $0 $0 $0 2011 12 2011 2012 CDBG Contingency #1 Contingency #2 Strategy #1 Agency - Strategy #1 Program - 2010 HSGF 2010 CDBG 2011-2012 HSGF Public Service (10� Increased (1096 Decreased Basic Needs 40% GF Funding Funding Request Proposai Proposal Funding) Funding) HERO House HERO House $0 $0 $623 $0 $0 $0 $0 Hospitality House Hospitality House Women's Shelter $10,000 $0 $12,500 $0 $0 $7,500 Emergency Shelter Multi-Service Center and; Transitional Housin $ss,000 So $a2,000 $30,00o So 50 -$i,000 Food and Clothing Multi-Service Center Bank $37,000 $0 $50,000 $28,100 $0 $0 -$2,100 Emergency Feeding Multi-Service Center pro ram $0 $10,000 $10,000 CDBG $10,000 $0 $0 Pregnancy Aid of Pregnancy Aid of South Kin Count South Kin Count $4,000 $0 $4,500 $0 $0 $0 $0 Refugee Women's ReWA Family Support Case Management Alliance and Emergency So $o Sio,000 So So $s,000 So Seattle-King County South King County Department of Public Mobile Medical Health Pro ram $0 $0 $17,414 $10,000 $0 $0 -$1,000 Society of St. Vincent St. Theresa de Paul of Emergency Human Seattle Kin Co. Services $18,500 $0 $24,000 $18,500 $0 $0 -$3,500 YWCA Seattle King Snohomish Emergency Housing $2�000 $0 $3,342 $0 $0 $0 $0 SUBTOTAL: $193,000 $25,399 $369,021 $174,000 $25,399 $18,000 -$15,100 ontingency ont�ngency Strategy #2 Agency - Strategy #2 Program - 2010 HSGF 2010 CDBG 2011-2012 HSGF Public Service (10% Increased (10% Decreased Community Safety 15% GF Funding Funding Request proposal Proposal Funding) Funding) Child Care Resources Child Care Financial Assistance $0 $0 $8,490 $0 $0 $0 $0 City of Federal Way Domestic Violence Municipal Court Perpetrators Treatment $0 $0 $64,740 $0 $0 $0 $0 Consejo Counseling Consejo Domestic and Referral Service Violence Program $5,000 $0 $5,975 $0 $0 $0 $0 Crisis Clinic 24-Hour Crisis Line $3,000 $0 $11,420 $3,000 $0 $1,000 $0 2-1-1 Community Crisis Clinic Information Line $5,000 $0 $29,836 $0 $0 $0 $0 Crisis Clinic Teen Link $3,000 $0 $6,080 $3,000 $0 $0 $0 Domestic Abuse Women's Network Continuum of DAWN Housing Services $20,000 $0 $20,000 $10,000 $0 $0 -$500 Domestic Abuse DAWN's Community Women's Network DAWN Advocacy Programs $5,000 $0 $5,000 $5,000 $0 $0 -$1,000 Domestic Abuse - Women's Network Crisis Line DAWN 5i,000 $o $5,000 $z,000 $o S1,000 $o King County Sexual Comprehensive Assault Resource Sexual Assault Center Services $30,000 $0 $31,200 $15,000 $0 $3,000 $0 Refugee Women's ReWA Domestic Violence Program Alliance Advocac Services $0 $0 $12,588 $0 $0 $0 $0 Valley Cities Counseling and Mental Health Consultation Sao,000 So Sa2,000 $zo,000 $o $o $o Domestic Violence VCCC Advocacy Federal Wa Pro ram $10,000 $0 $15,000 $0 $0 $0 $0 ontmgency ontingency Strategy #2 Agency - Strategy #2 Program - 2010 HSGF 2010 CDBG 2011-2012 HSGF Public Service (10% Increased (10% Decreased Community Safety 15% Gf Funding Funding Request proposal Proposal Funding) Funding) Domestic Violence VCCC Advocacy Auburn Pro ram $0 $0 $15,000 $0 $0 $0 $0 YWCA Seattle King Domestic Violence Snohomish Services $5,000 $0 $10,400 $0 $0 $6,500 $0 YWCA Seattle King Children's Domestic Snohomish Violence Pro ram $0 $0 $21,630 $6,500 $0 $0 -$500 SUBTOTAL: $128,000 $0 $304,359 $64,500 $0 $11,500 -$2,000 Strategy #3 Agency - ontingency ontingency Strategy #3 Program - 2010 HSGF 2010 CDBG 2011-2012 HSGF Public Service 10% Increased 10% Decreased Special Needs ( ( Po ulation 30% GF Funding Funding Request proposal Proposal Funding) Funding) Birth to Three Family Services Developmental Center Program $2q�000 $0 $40,000 $22,000 $0 $0 -$4,000 Certified Professional Bridge Disability Guardianship Ministries Program. $0 $0 $2,000 0 $0 $0 $0 Catholic Community Services of Western Volunteer Chore Services Washington $5,000 $0 $10,000 $8,000 $0 $0 -$1,000 Peer Mediation and CRU Institute Cultural Awareness $0 $0 $10,000 0 $0 $0 $0 Dynamic Family Children with Special Services Needs $0 $0 $10,000 $10,000 $0 $0 -$4,000 Eastern European Immigrant Integration Counselin Center Pro'ect $0 $0 $6,815 0 $0 $0 $0 Elder and Adult Day Adult Day Health Services (EADS) $0 $0 $5,000 0 $0 $0 $0 Federal Way Senior Center Nutrition Programs $14,000 $0 $20,000 $20,000 $0 $0 $0 Federal Way Senior Center Adult Day Care $0 $17,983 $19,000 CDBG $17,983 CDBG CDBG Refugee and; Jewish Family Service Immigrant Service Centers $3,000 $0 $6,500 $6,500 $0 $0 -$1,000 King County Bar Community Legal Foundation Services (CLS) $0 $0 $7,500 $7,500 $0 $0 -$1,000 MSC General Multi-Service Center Education Pro ram $10,000 $0 $12,000 $10,000 $0 $0 $0 My Service Mind of Northwest ESS Program $0 $0 $20,000 0 $0 $5,000 $0 My Service Mind of East European Senior Northwest Services $5,000 $0 $10,000 0 $0 $0 $0 Strategy #3 Agency - ontingency ontingency Strategy #3 Program - 2010 HSGF 2010 CDBG 2011-2012 HSGF Public Service 10% Increased 10% Decreased Specia� Needs 30% GF funding Funding Request ( l Po ulation Proposal Proposal Funding) Funding) Navos Employment Services 5o So 513,�ai $io,000 So $o -$s,soo Training and Orion Industries Placement Services TAPS $0 $20,000 $22,242 CDBG $20,000 CDBG CDBG Senior Services Meals on Wheels $10,000 $0 $10,000 $10,000 $0 $0 $0 Volunteer Senior Services Trans ortation $5,000 $0 $10,360 $10,000 $0 $0 $0 South King Council of Capacity Building Human Services Pro'ect $0 $0 $7,500 0 $0 $0 $0 The Salvation Army Federal Way Corps of Kin Count $0 $0 $16,910 0 $0 $0 $0 The Salvation Army Seattle White Center of Kin Count Cor s $0 $0 $5,367 0 $0 $0 $0 Ukrainian Community Family support Center of services for Slavic Washin ton immi rants $0 $0 $17,600 0 $0 $0 $0 Ukrainian Community Russian/Ukrainian Center of Refugee Assistance Washin ton Pro'ect $5,000 $0 $15,000 0 $0 $0 $0 Washington Women's REACH Plus Employment & Education WWEE $0 $0 $10,000 $10,000 $0 $0 -$2,000 SUBTOTAL: $81,000 $37,983 $307,535 $124,000 $37,983 $5,000 -$14,500 Strategy #4 Agency - Strategy #4 Program - 2010 HSGF 2010 CDBG 2011-2012 2011/12 2011/2012 CDBG Contingency #1 Contingency #2 Low Income Families o HSGF Public Service 10% Increased 10% Decreased with Children 15/ Gf Funding Funding Request ( < Proposal Proposal Funding) Funding) Boys & Girls Clubs of Federal Way Safe Kin Count Zone for Kids $13,000 $0 $25,000 $10,000 $0 $3,000 -$3,000 Center for Children & Safe Havens Visitation Youth Justice Center $0 $0 $9,000 $5,000 $0 $0 -$1,500 ChangesParent ParentSupportGroup Su ort Network Network $0 $0 $300 $0 $0 $0 $0 Child Care Child Care Resources Information and Referral $0 $0 $8,389 $0 $0 $5,500 $0 Children's Home Early Head Start in Society of South King and North Washin ton Kin $10,000 $0 $12,500 $7,000 $0 $0 -$1,500 Communities In Schools of Federal CIS Resource Program Wa - Site Coordination $0 $0 $10,000 $10,000 $0 $0 -$1,500 Communities In Schools of Federal CIS Mentoring Wa Program $o $o $ZO,000 $io,000 $o $o -$i,soo GriefWorks A Bereavement Helping the Hurt Resource $0 $0 $10,000 $0 $0 $0 $0 Institute for Family PACT (Parents and Develo ment Children To ether) $3,000 $18,225 $21,088 $3,000 $18,225 $0 $0 Kent Youth and Famil Services Clinical Services $14,000 $0 $15,000 $12,000 $0 $0 -$1,400 Pediatric Interim Care Interim Care of Drug- Centerinc Exposedlnfants $0 $0 $10,000 $0 $0 $0 $0 VCCC Youth Development $5,000 $0 $12,000 $5,500 $0 $0 -$500 VCCC Girls Circle $5,000 $0 $30,000 $5,000 $0 $0 -$500 SUBTOTAL: $50,000 $18,225 $173,277 $67,500 $18,225 $8,500 -$11,400 GRAND TOTAL: $452,000 $81,607 $1,154,192 $430,000 $81,607 $43,000 -$43,000 2011 CDBG CAPITAL FUNDING RECOMMENDATIONS 2011 Proposed Agency Name Project Name CDBG Ca ital Acquisition of Emergency Feeding Permananet Facility Program of SKC for the Emergency $240,179 Feeding Program of SKC icroenterprise Highline Community Development: College Operations and $69,938 Suppoort Puget Sound Revolving Loan Fund HomeSight (1st Time Homebuyer $� Loans Intentional Federal Way Senior Community and $� Center Network for Seniors ICAN TOTAL REQUESTED: $310,117 CDBG Capital and Public Services Conditions of Funding —"Attachment B" 2011 Capital Proiects Standard Conditions: All CDBG projects are subject to the federal environmental review requirements of the National Environmental Policy Act (NEPA) as of the date of submittal of application. An environmental review of Federal Way-awarded CDBG projects must be completed by King County before contracts will be executed. Costs of the NEPA review will be charged to the CDBG project if the project is fundable. Projects that do not pass environmental review, or projects that require an EIS, or have significant issues such as soil contamination, will not be funded unless approved by both King County and City staff. 2. All costs of the environmental review shall be the responsibility of the applicant for any project not funded. 3. All projects must comply with Community Development Block Grant Program Regulations (24 CFR Part 570) and applicable King County Consortium policies as outlined in the most recently adopted King County Consortium Consolidated Housing & Community Development Plan. 4. All CDBG projects shall comply with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now exist or hereafter adopted or amended including land use and/or building permit requirements and processes. 5. For all Federal Way CDBG funded Capital Projects, the Agency will directly contract with the King County Department of Community and Human Services, Housing and Community Development (HCD) program for implementation unless otherwise notified. 6. Federal Way CDBG Capital Projects must be completed within 17 months from the beginning of the program year that funds are awarded for. 7. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended ("URA") and/or Section 104(d) of the Housing and Community Development Act of 1974, as amended ("Barney Frank AmendmenY') that are triggered by any project must be included in the budget. Relocation requirements must be coordinated and verified with King County Housing and Community Development Relocation Specialist. 8. Applicant must receive written notification from King County HCD staff verifying that environmental review is complete before any "choice limiting activities" are taken. Federal Way and King County HCD staff must be notified by the applicant if any changes are made to the scope of the project since the CDBG application was submitted. 9. CDBG capital awards over $25,000 are structured as a zero interest forgivable loan for a set number of years depending on the amount of CDBG funds received and the type of project. The property owner must be able and willing to secure the change of use Page 1 of 5 restriction with a promissory note, deed of trust and any other required documents to the assigned Project Manager of the King County HCD Staff. All security documents related to funded capital project activities must be submitted prior to the execution of a contract between the awarded agency and the County in order to incorporate these documents into the contractual agreement. Failure to execute security documents to the benefit of King County in a timely manner will result in the cancellation of CDBG awards. 10. No Federal Way CDBG funds shall be expended until all funding sources necessary for project completion are secured and documentation proving that funding is secured, such as a preliminary funding letter, is provided to City Staff and King County HCD Staff. 11. No Federal Way CDBG funds shall be expended for acquisition projects until approved verification that appraised value is equal or greater than final purchase price. 12. No Federal Way CDBG funds shall be expended for acquisition projects until review and approval of title insurance by City has occurred. 13. City staff may require any additional conditions of funding as appropriate to ensure compliance with federal, state, county, and City local laws, policies, and procedures, and if necessary to protect the interests of the City of Federal Way in any agreements. 14. All applicants are required to document compliance with the CDBG national objectives and shall document compliance using a methodology reviewed and approved by King County. Agencies using the limited clientele methodology, for example, shall verify that a minimum of their clients are 51 % low-moderate-income per official HUD Income Guidelines and shall maintain documentation of family size and income, using methodologies accepted by King County. 15. Agencies shall be responsible for compliance with all applicable federal statutes and regulations. In the event of a federal finding against any agency receiving City of Federal Way funds, which requires as its resolution repayment of any and all financial penalties incurred by King County and/or the City of Federal Way. The agency shall be wholly responsible for repayment of these expenses on a schedule agreeable to the payee. This requirement also applies to any failure of the agency to document national objective compliance in accordance with the federal requirements that results in a federal finding with financial penalties. 16. Any project that is currently under contract with King County with previously awarded CDBG funds shall be in compliance with all previous contracts prior to receiving new CDBG funds or adding additional CDBG funds to an existing contract. 17. Any project that is currently under contract with King County may have the final award amount adjusted by City staff based upon the amount of CDBG funds remaining in the project's existing CDBG program, per JRC policies. 18. The applicant shall report all CDBG Program Income. Program Income is to be reported to the County. Program income shall be returned to the County unless the Counry specifies that it may be retained by the Agency. If the County authorizes the Agency to retain the Program Income to continue or benefit a project(s), the Agency shall comply with all provisions of this Contract in expending the funds. Page 2 of 5 Special Conditions: Emergencv Feedinq Proqram: 1. All, none, or any portion of the 2011 CDBG funds for this project may be apportioned for the purpose of supplementing the open 2010 CDBG Emergency Feeding Program Permanent Facility Acquisition project, and/or rehabilitation of a permanent facility once acquired, as determined by City staff. 2. No funds shall be awarded unless and until a facility to be acquired is approved as acceptable to King County for this use with acceptable land use and/or conditional land use permits. The land use and/or conditional land use permits, or any similar permit required for the proposed use of the property, shall permit the proposed use of the property throughout the term of the security agreements. 3. $100,000 of the award shall be structured as a forgivable loan (grant). The balance of the 2011 award for this project shall be structured as a 1% interest-bearing loan, with quarterly payments. City Staff will work with King County staff to evaluate and determine appropriate loan terms that take into account the applicant's financial circumstances. 4. The scope of any rehabilitation activities using CDBG funds shall include all required ADA accessibility improvements, as acceptable to King County, regardless of the level of funds awarded through CDBG for the rehabilitation activities. Hiqhline Communitv Colleqe: 1. All clients and/or microenterprise businesses participating in classes and other technical assistance provided with CDBG funds shall complete the required income certification forms. All clients and/or microenterprise businesses, including all participants of the ESL classes or other technical assistance funded through this CDBG award, shall be qualified as low- and moderate- income per King County and HUD requirements, without exception. 2. Federal Way clients and/or microenterprise businesses shall be given priority attendance to the exclusion of non-Federal beneficiaries in any classes provided. Non-Federal Way beneficiaries shall participate in classes only if there is additional capacity in the classes after Federal Way beneficiaries are given preference. No additional expenses shall be charged to the award for non-Federal Way beneficiaries. 3. The applicant shall provide an Annual Outcomes Report to City staff and to County HCD staff no later than March 30, 2011. This report shall include 1) a narrative summarizing what the outcomes of the program are expected to be and how the applicant's program is leading to or resulting in those outcomes, 2) information on the number of beneficiaries served by the program that have successfully started a legally operating business, and 3) an evaluation of the helpfulness of the ESL program in developing a business based on actual survey results of participants. The applicant shall collect the necessary information required to complete this report. 4. The applicanYs budget for administration and management costs shall not exceed 20% of the total award, unless waived in writing by City Staff. Page 3 of 5 2011-2012 Public Service Proiects Standard Conditions: All CDBG projects are subject to the federal environmental review requirements of the National Environmental Policy Act (NEPA) as of the date of submittal of application. An environmental review of Federal Way-awarded CDBG projects must be completed by King County before contracts will be executed. Costs of the NEPA review will be charged to the CDBG project. Projects that do not pass environmental review, or projects that require an EIS, will not be funded and therefore the cost of the environmental review will be the responsibility of the applicant. 2. All projects must comply with Community Development Block Grant Program Regulations (24 CFR Part 570) and applicable King County Consortium policies as outlined in the most recently adopted King County Consortium Consolidated Housing & Community Development Plan. 3. All CDBG projects shall comply with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now exist or hereafter adopted or amended including land use and/or building permit requirements and processes. 4. If funded, service units and units of service may be adjusted based upon the amount of funding and refinement of the program service and unit costs definitions. A line item budget will be negotiated with the subrecipient. 5. Awards are contingent upon successful completion of each agency's previous contracts with Federal Way, if applicable. 6. Awards will be continued once to the following program year for a second year of funding subject to availability of funds and agency perFormance in the previous year. Staff may administratively cease funding agencies that do not meet performance goals in the first year of funding and not enter into a contract with those agencies for the second year of funding. The CDBG Contingency Plan will be implemented should funding increase or decrease for any reason. 7. Agencies receiving CDBG funds for programs that have received funding from the Human Services General Fund in the past shall receiving funding contingent upon receiving funding from the Human Services General Fund at that same dollar amount as they received in previous program years, unless the regulations specifically allow the CDBG funding without the general fund, or if this requirement is waived by HUD. 8. CDBG Funds awarded shall be used to provide additional units of service above that provided for the Federal Way Human Services General Fund award, if the General Fund dollars have been awarded to the program. 9. City staff may require any additional conditions of funding as appropriate to ensure compliance with federal, state, county, and City local laws, policies, and procedures, and Page 4 of 5 if necessary to protect the interests of the City of Federal Way in any agreements. 10. All projects are required to document compliance with the CDBG national objectives. All agencies receiving CDBG funds shall document compliance using the methodology reviewed and approved by King County. Agencies using the limited clientele methodology, for example, shall verify that a minimum of their clients are 51% low- moderate-income per official HUD Income Guidelines and shall maintain documentation of family size and income, using methodologies accepted by King County. Page 5 of 5 Exhibit C: Public Testimony Documents Public Hearing Held: August 30, 2010 5:30p.m. - 8:30 p.m. City Council Chambers Sign In Sheet For Speakers Strategy #1 Agencies (See list above this sheet for Strategy #1 agencies) Human Services Commission Public Hearing Human Services General Fund (HSGF) and CDBG Public Service August 30, 2010 Sign In Sheet For Speakers Strategy #2 Agencies (See list above fhis sheet for Strafegy #2 agencies) Human Services Commission Public Hearing Human Services General Fund (HSGF) and CDBG Public Service August 30, 2010 Sign In Sheet For Speakers Strategy #3 Agencies (See list above this sheet for Strategy #3 agencies) Human Services Commission . 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'te uk ' e-� r s ��'� c�' �°,4 , q r � a.,� y � r� v„�� _a:.dm,v��.�.,_'�y..,��,�:.: ..�...�.��"��F....�y�,Y�:,.,.�� `�'F� r�; �:��..�.��'.�a�'�' .,. . �S�s L�,,:,,�.u�,�� ,�,u�...4.�'�'�� - "�' , . .. , .; s E, ._. . .::1y.. �' � � ��.....,,�L;;� `L�: � � � • � ,� + � � ' ; .II ■ . ■ 2� r�"y ' 3 ��-�-� " ¢, � � ��'`¢c „� � � #`""� �Viy9l �'�PG�@"� Pq �-� a�� g � � �s�C'_ � � � � ,' ��m�s� `` �z� � a ,, q � y, - �, :'� ' �,. �� 9 , � J X� ��,�Is`" k� � "� �r ��`� T � ` "�.s' .,.� � � b °� � � � �.^c �" � � � � F � �, � ° � �� o ..� � � � �.� y�� r��* � 5� ��` m _ ��s s � � � �,' a � . �'" � � � � �'�h .� � � Pa � s � � � � �t`� s"� �' � '� t � �. . �... ��.,.�i'��, �+ ��.u.,��",- : � _�_ . . � ..: � ��' � Q �.kG�'�(�Gt� �Si�/ti � � � . �G�%'(�i1 K � � �r � COiJNCIL MEETING DATE: September 21, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: PURCHASE AND SALE AGREEMENT EXTENSION FOR FORMER AMC THEATERS SITE POLICY QUESTION Should the City Council extend the Purchase and Sale Agreement with United Properties for the former AMC Theater Site? COMMITTEE N/A CATEGORY: ❑ Consent � City Council Business ❑ Ordinance ❑ Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Pat Richardson City Attorney __ _____ DEPT: City Attorney _ .......................__.._.............__......_....__..._.............._._._......._.............._......__._......................._......._�...................................._................._... _..._......._........................_.._......_._...._.......__.........._.__.._....__.....-------._._....------------------- Attachments: Proposed 7�' amendment to the Purchase and Sale Agreement Background: The City negotiated a Purchase and Sale Agreement ("Agreement") with United Properties of Vancouver, British Columbia for purchase and redevelopment of the former AMC Theaters site in the City Center. On March 23, 2010 the City Council approved an extension of the closing date to September 30, 2010 for the purposes of allowing United Properties to pursue active potential development entities interested in taking over the Agreement. On September 7, 2010, the City agreed to assign the Agreement to Twin Development and authorized the City Manager to execute necessary documents. United Properties and Twin Development are now requesting an extension of the purchase and sale agreement's closing date to March 31, 2011, in order to obtain additional time to market the project as proposed by Twin Development and obtain financing. Twin Development has agreed to deposit $100,000.00 into an escrow account by December 31, 2010, that will go towards the purchase price or will be forfeited to the City if the closing does not occur by March 31, 2011. Both United Properties and Twin Development will be in attendance at the September 21, 2010, Council meeting to formally make their request and present their commitment to the proj ect. Options: 1) Approve the proposed 7�' amendment granting an extension of the Agreement's closing date to March 31, 2011, and requiring an additional escrow payment of $100,000.00 be made by December 31, 2010. 2) Modify the proposed 7`� amendment as discussed. 3) Deny the proposed 7�' amendment. STAFF RECOMMENDATION: n/a i� , ,.� ITY MANAGER APPROVAL: � w,� �� a��q 11� IRECTOR APPROVAL: Committee Council Committe Council COMMITTEE RECOMMENDATION N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION S: I MOVE APPROVAL OF THE PROPOSED 7 AMENDMENT TO THE PURCHASE AND SALE AGREEMENT WITH UNITED PROPERTIES THAT GRANTS AN EXTENSION OF THE AGREEMENT'S CLOSING DATE TO MARCH 31, 2011 AND REQUIRES AN ADDITIONAL ESCROW PAYMENT BE MADE BY DECEMBER 31, 2OlO, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. BELOW TO BE COMPLETED BY C7TYCLERK.S OFFlCE) COUNCIL ACTION: � APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO AC'I'ION Enactment readi� � MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 02l06/2006 RESOLUTION # SEVENTH AMENDMENT TO REAL PROPERTY PURCHASE AND SALE AGREEMENT (WITH DEVELOPMENT COVENANTS) This Seventh Amendment (this "Seventh Amendment") is dated effective this day of September, 2010, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and United Properties — Symphony, LLC, a Washington limited liability company ("United Properties") and Twin Development, LLC ("Twin DevelopmenY'). A. The City and United Properties entered into a Real Property Purchase and Sale Agreement ("Agreement") dated effective December 11, 2007, a First Amendment dated effective September 9, 2008, a Second Amendment dated effective September 11, 2009, a Third Amendment dated effective November 4, 2009, a Fourth Amendment dated effective December 16, 2009, and a Fifth Amendment dated effective on or about March 24, 2010. (A Sixth amendment has been approved by the City but has not yet been executed by the parties) B. The First Amendment modified Section 10.1 of the Agreement as follows: "closing shall take place on the date that the building permit for grading, evacuation and shoring and/or foundation for any portion of the Project is issued to Buyer or September 11, 2009, whichever date occurs first (the "Closing Date")." C. A building permit has not been issued. D. Section 4.7 of the Agreement provides that "Any of the deadlines set forth in this Agreement or any EXHIBIT attached hereto may be extended for a reasonable period of time equivalent to the time period of all delays directly or indirectly resulting from any reasonably unforeseen matter or circumstance beyond the reasonable control of [United Properties]." E. At the September 10, 2009, special council meeting, the Federal Way City Council approved a Second Amendment to the Agreement to extend the closing date to November 4, 2009, the date of a regular City Council meeting whereby the City Council may take action to approve and/or authorize the assignment to Lander KORUS ("Potential Assignee"). F. United Properties and Lander KORUS immediately began negotiations regarding the assignment of the Agreement and reached agreement on October 8, 2009. G. Once an agreement was reached with United Properties, Lander KORUS began negotiating in good faith with two or three Korean corporations that would be capital partners. H. Concluding trans-Pacific negotiations during the remaining brief time period has proven to be challenging due to the significant time difference for conducting business, responding to inquiries, and the need for translation of some documents and responses. -1- I. By letter dated November 3, 2009, United Properties requested an additional extension of the closing date to provide sufficient time for Lander KORUS to secure and finalize the financing necessary for the project and close the sale of the property. J. At the November 3, 2009, City Council meeting the Federal Way City Council approved a Third Amendment to extend the closing date to December 31, 2009, pending the outcome of December 15, 2009 regular City Council meeting when City Council may take action to approve and/or authorize the assignment to Lander KORUS ("Potential Assignee"). K. At the December 15, 2009, City Council meeting Lander KORUS represented that several investors are interested in funding the entire Project, and that they intend to travel to Federal Way to view the site and meet with officials the middle of January, which has delayed the conclusion of the financing. L. By letter dated December 15, 2009, United Properties requested an extension of the closing date to provide sufficient time for Lander KORUS to secure and finalize the financing necessary for the project and close the sale of the property. M. At the March 16, 2010, City Council meeting Lander KORUS represented that there was investment interest from other entities regarding the project and that more time was needed to secure funding since SBCI was not coming forward with sufficient funds; and requested an extension of up to sixty days without consulting United Properties. N. The City Council set a Special Meeting following the Finance, Economic Development & Regional Affairs Council Committee on March 23, 2010 for the purpose of addressing the request for an extension of the closing date. O. United Properties became aware of the request for an extension, and by letter dated March 17, 2010, has requested an extension of the closing date to "whatever date the Council deems appropriate". P. At the March 23, 2010, special Council Meeting United Properties indicated that another developer was also interested in an assignment of the project, and requested an up to six- month extension to provide sufficient time to secure financing given the current economic climate. Q. The Federal Way City Council discussed the request and approved a Fifth Amendment to extend the closing date six months (September 30, 2010) on the condition that United Properties provide a monthly status report to the Finance, Economic Development & Regional Affairs Council Committee, and that Council would not grant further extensions to this Agreement. R. On May 18, 2010 United Properties attended the City Council meeting and introduced Twin Development and requested that the City Council approve the assignment of this Agreement using Twin Development's development concept. -2- S. The City Council requested that Twin Development participate in open houses to provide citizens the opportunity to comment on Twin Development's concept. T. Three open houses occurred on June 1 St , June 8�', and June 15th, 2010, U. On June 15, 2010 the City Council directed Staff to work with Twin Development regarding the intended assignment of the Agreement and return in an open public meeting for final action on or before September 7, 2010. V. On September 7, 2010, City Council authorized the assignment of the Agreement to Twin Development as the Sixth Amendment and authorized the City Manager to execute any documents necessary for closing. The Sixth Amendment has not been executed. W. On September 21, 2010, both United Properties and Twin Development requested that the closing date of the Agreement be extended to give Twin Development additional time to market the project to obtain financing. X. Section 13.4 of the Agreement provides that the Agreement may only be amended by written agreement signed by the parties, approved by the Federal Way City Council. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Closin /C�osin�. Section 10.1 of the Agreement shall be amended to read as follows: The Closing shall take place on the date that the building permit for grading, excavation and shoring and/or foundation for any portion of the Project is issued to Buyer or , March 31. 2011, whichever date occurs first (the "Closin�"). Buyer shall give Seller and Escrow Agent five (5) business days' prior written notice of the Closing Date. The Closing Date may be extended onl�y mutual agreement in writing_si ng ed by Seller and Buver. M�i !�.�ir:��s!�r . . � ....��....,..��. 2. Additional Escrow Deposit. Twin Development, as the potential assignee, shall deposit One Hundred Thousand Dollars (US$100,000.00) into an escrow account established by the City by December 31, 2010. This deposit shall be applied to the Purchase Price pursuant to the terms of the Agreement. In the event that Closing does not occur on or before March 31, 2011, this deposit shall be forfeited to the City. -3- 3. Ratification Any act done by either party consistent with the authority of the Agreement after the previous expiration date and prior to the effective date of this amendment, is hereby ratified as having been performed under the Agreement as it existed prior to this amendment. 4. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. 5. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original and with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Amendment and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the parties have executed a counterpart of this Amendment shall be the "date of mutual execution" hereof. DATED the effective date set forth above. THE CITY CITY OF FEDERAL WAY, a Washington municipal corporation City Manager/Police Chief, Brian Wilson ATTEST: City Clerk, Carol McNeilly, CMC APPROVED AS TO FORM: City Attorney, Patricia A Richardson -4- LINITED PROPERTIES UNITED PROPERTIES—SYMPHONY, LLC, a Washington limited liability company By: DVS Symphony, Inc., a Washington corporation, Its: Managing Member David Setton, President PROVINCE OF ) ) ss BRITISH COLUMBIA ) On this day personally appeared befare me DAVID SETTON, known to be the PRESIDENT of DVS Symphony, Inc., a Washington corporation, the managing member of United Properties- Symphony, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. DATED: I►�� (Print Name) Notary Public in and for the Province of British Columbia Commission Expires: -5- TWIN DEVELOPMENT: TWIN DEVELOPMENT, LLC, a Washington limited liability company (NAME, POSITION) STATE OF WASHINGTON ) } ss COUNTY OF KING ) On this day personally appeared before me , known to be the of TWIN DEVELOPMENT, LLC, a Washington corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. DATED: I►�� (Print Name) Notary Public in and for the State of Washington Commission Expires: K:\cm\economic dev\amc\symphony�Seventh Amend extension 'l.-3' COUNCIL MEETING DATE: September 21, 2010 CITY OF FEDERAL WAY CITY COUNCIL ITEM #: AGENDA BILL SUB,TEC'r: APPOINTMENTS TO THE PLANNING COMMISSION POLICY QUESTION Should Council reappoint members to the Planning Commission? COMMITTEE N/A MEETING DATE N/A CATEGORY: ❑ Consent � City Council Business STAFF REPORT BY: Carol A. Attachments: N/A ❑ Ordinance ❑ Resolution Clerk ❑ Public Hearing ❑ Other DEPT Human Resources/City Clerk Background: The Planning Commission is comprised of seven voting positions. Members are appointed by the City Council and serve four-year terms. Three voting positions on the Planning Commission will expire September 30, 2010. On September 1, the City Clerk's Office published a recruitment notice to fill the positions. The three applications submitted were from members currently serving on the Planning Commission (Hope Elder, Wayne Carlson and Tom Medhurst). Section 20.10 of the City Council Rules of Procedure state the Council will not interview applicants already serving in the position and may approve reappointment of citizens wishing additional terms subject to any limits established by ordinance or other laws without conducting public recruitment or interview. Therefore, formal interviews of applicants were not conducted by the Council. Appointed members will be invited to the October 5, 2010 City Council Meeting to receive their Certificate of Appointment. Options Considered: 1. Reappoint three members to serve on the Planning Commission with four-year terms expiring September 30, 2014. 2. Direct staff to re-advertise the vacancies. STAFF RECOMMENDATION: N/A CITY MANAGER APPROVAL N/A Committee COMMITTEE RECOMMENDATION N/A �W�"'1 G I ��I � APPROVAL: N/A N/A Council Committee Council PROPOSED COUNCIL MOTION `7 move to reappoint Hope Elder, Wayne Carlson and Tom Medhurst to voting positions on the Planning Commission with terms expiring September 30, 2014. 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 # COUNCIL MEETING DATE: September 21, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�_ SUBJECT: CRIMINAL CODE UPDATE — LEWD CONDUCT POLICY QUESTION: SHOULD THE CTTY COUNCIL AMEND CHAPTER 6.45 OF THE FEDERAL WAY REVISED CODE TO ADD A NEW SECTION PROHIBITING LEWD CONDUCT? COMMITTEE: PRHS&PS CATEGORY: ❑ Consent � City Council Business � Ordinance ❑ Resolution MEETING DATE: September 14, 2010 ❑ Public Hearing ❑ Other STAFF REPORT BY: ASSISTANT CHIEF ANDY HWANG DEPT: FWPD _.. _.. _ __ _._ _ _....._ __ ....... Background: Currently, the Federal Way Revised Code (FWRC) does not address lewd conduct. This proposed ordinance would amend Chapter 6.45 FWRC to defiiie lewd conduct and prohibit lewd conduct in public. This new legislatiou would elimiilate some g1°ay areas, fill a gap left by indecent exposure and provide police officers with another enforcement tool to keep our city safe. Attachments: Proposed ordinance amending Chapter 6.45 FWRC to define and prohibit lewd conduct in public. Options Considered: �Approve the proposed ordinance modifying Chapter 6.45 FWRC. 2. Reject the proposed ordinance modifymg Chapter 6 45 FWRC _ .. _. ..... . ......._ _. __ ST.�'F RECOM1v1ENDATio1v: Approve Option 1 to forward the proposed ordinance to First Reading at the September 21 City Council Meeting. � �,.. CITY MANAGER APPROVAL: f�,j�.l� I�� j.�^�` � � i �I � DIRECTOR APPROVAL: Conunittee Council COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on September 21'`` �° l RE.4DING oF ORDIN�.NCE (SEPT. 21, 2010): I move to forward the ordinance to a second r•eading for enactment on tlie October S, 2010 consent agenda. 2" READING OF ORDINANCE (OCTOBER 5, 2010): "1 move approval of the proposed ordinance modifying Fedei°al Way Revised Code Chapter 8.05 to include the infraction of inattentive driving. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL AC'I'I01�': ❑ AYYROVED COUNCIL BILL # ��D ❑ DF.NiI:D ]' ❑ 1�ABLED/DEFERKED/NO ACTION Enactmeut reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # PROPOSED COUNCIL MOTION(S): ORDINANCE NO. AN ORDINANCE of the City of' Federal Way, Washington, relating to lewd conduct, amending FWRC 6.45.010, "Definitions" and adding a new section to Chapter 6.45 FWRC, "Public Morals" (Amending Ord. Nos. 09-601, 91-94, 91-89, and 90-53.) WHEREAS, the City has adopted t•egulations set forth in Chapter 6.45 of the Federal Way Revised Code that govern public morals; and WHEREAS, the City has not adopted regulations that prohibit lewd conduct in public places; and WHEREAS, the City desires to adopt regulations that prohibit said conduct; and WHEREAS, this ordinance is in the interest of the public's health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, I WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Federal Way Revised Code 6.45.010 Definitions is hereby amended to read as follows: 6.45.010 Definitions. The definitions in this section apply throughout this chapter unless the conte� clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020. "Act of prostitution" or "prostitution" means engaging, offering to engage, or agreeing to engage in sexual contact ar sexual conduct with any person in return for a fee. "Actor" means a person who engages in conduct in violation of this chapter. "Exposed" means the state of being revealed, exhibited or otherwise rendered to public view. "Expressive dance" means any dance which, when considered in the context of the entire perfoi constitutes an expression of theme, story, or ideas, but excluding any dance such as, but not limited to, common barroom-type topless dancing which, when considei in the context of the entire pel is presented primarily as a means of displaying nudity as a sales device or for othet• commercial exploitation without substantial expression of theme, stoiy or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, Urdinartice �'Vo. 1 U- Page 1 of 4 Rev 1/10 political or scientific value. "Fee" means money, any negotiable instrument, any good or service having value, or any other consideration. "Known prostitute or panderer" means a person who, within one year prior to the date of ar7�est for a violation of this chapter. has been convicted of a cr violation of any ordinance or law of any jui within the state prohibiting acts of soliciting, committing, oi� offer�ing or agreeing to commit prostitution. "Public Place" means an area e� nerallXvisible to public view, and includes streets, sidewalks bridges allevs plazas parks drivewavs �arking lots automobiles (whether moving or not) and buildin�s open to the general public includin� those which serve food or drink or provide entertainment and the doorways and entrances to buildings or dwellings and the gr•ounds enclosin t� hem and businesses contained in structures which can serve customers who remain in their vehicles Uy means of a drive-up window. "Sexual conduct" means: (1) Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; (2) Any penetration of the vagina or anus, however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; (3) Any act of sexual contact between persons involving the sex organs of one person and the mouth oi• anus of another whether such peY•sons are of the same or opposite sex; and (4) Mastui•bation, manual oi instiumental, of one person by another. "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the puipose of gratifying sexual desire of either party. Section 2. Chapter 6.45 of the Federal Way Revised Code is hereby amended to add a new section to read as follows: 6.45.025 Lewd Conduct (1) A person is guilt�of lewd conduct if in a�ublic �lace the person intentionall� ( a) Exposes anv of the followin� bod�parts of the �erson without a full and opac�ue coverin�: � Any_part of the male or female genitals,�ubic hair, pubic area, perineum anus or bottom one-half of the anal cleft; �ii) An�part of the areola or ni�le of the female breast; or �iii) More than one-half of the part of the female breast located below the top of the areola. The covered area shall be reasonablY compact and contig_uous to the areola. (bl Ex�oses the male genitals in a discernibl�ur�id state even if fully and � �aquely covered. � Touches caresses oi fondles the genitals or female breast whether clothed or Ordinance No. 10- Page 2 of 4 Rev 1/10 unclothed; (d) Masturbates; or � �e) Enga�es in sexual conduct or sexual contact. �2) A full and o�aque covering within the meaning of this section does not include bodv paint bod�dye tattoos latex tape or any similar substance ap�lied to the skin surface anv substance that can be washed off the skin, or any substance desi�ned to simulate or b which b v its nature simulates the a�pearance of the anatomical area beneath it. �3) This section shall not be construed to prohibit: �a) The act of breastfeeding or expressin� breast milk; �bl Classes seminars and lectures held for serious scientific or educational pur�oses; �cl Plays operas musicals, or other dramatic works which are not obscene �dl Adult entertainment activities operating�ursuant to Chapter 12 10 FWRC� �el Bathhouse activities o�erating_pursuant to Cha�ter 12.40 FWRC �fl Conduct of a child under 10 year of age; or �g) Places in which nuditv is necessarily and customarily expected outside of the home such as a restroom or locker room. �4) The owner lessee mana eg r operator or other person in charge of a public �lace is guiltv of facilitating lewd conduct if the person knowingly permits. encoura eg s, or causes to be comrnitted lewd conduct. �5� Lewd conduct and facilitatin� lewd conduct is a misdemeanor. Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any pe1•son or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this cha�ter 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, oi po��tion thereof, ir of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Coi�rections. The City Clerk and the codifiers of this ordinance are authorized to make necessary coi to this ordinance including, but not limited to, the correction of scrivener/clerical errors references, ordinance numbering, section/subsection numbers and any Ordinance No. 10- � Page 3 of 4 Rev 1/10 referencesthereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affn Section 6. Effective Date This ordinance shall take effect and be in force thirty (30) days fi�om and aftel its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, L1NDA 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.: Urdinunce No. 10- Page 4 of 4 Rev 1/10