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Council PKT 01-18-2011 RegularCITY OF , � Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall January 18, 2011 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Business Recycler of the Year Award b. Mayor - Emerging Issues / Introduction of New Employees 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: January 4, 2011 Special and Regular Meeting, January 6, 2011 Special Meeting...page 3 b. Amendment to the Interlocal Cooperation Agreement with King County for Conservation Futures Levy Funding and Change of Spring Valley Project Scope ...page 13 c. S 320th Street at 1-5 Southbound Off-Ramp — 100% Design Status Report and Authorization to Bid ...page �9 d. Inter-local Agreement between the City of Federal Way, Federal Way Public Schools, Lakehaven Utility District and South King Fire & Rescue. ...page 2� e. Human Services Division/Community Response Severe Weather Shelter ...page 2s f. 2011 Diversity Commission Work Plan ...paye 33 g. 2010/2011 Human Services Commission One-Time Public Services Funding ... page 37 h. Sprint Site Lease Renewal - Panther Lake ...paye ao The Council may add items and take action on items not listed on the agenda. 6. COUNCIL BUSINESS a. Acceptance of Grant Funding for Transportation Improvement Projects ...page aa b. Arts Commission Contract for Services ...page as c. Arts Commission Work Plan ...page 49 d. 2011 Council Committee Appointments ...page s3 7. ORDINANCES First Reading and Enactment: a. CB 565: Citv Orqanizational Structure...page ss An ordinance of fhe City of Federal Way, Washington, amending the City Organizational Structure; amending FWRC Tifle 2; and adding new sections to Title 2. Second Reading: b. CB 563: 2010 Comprehensive Plan Amendments Related to the Civic Center and Competitive Sports Center ...page 62 An ordinance of the City of Federal Way, Washington, relating to amendments to the City's Comprehensive Plan. c. CB 564: FWRC Housekeepinq References to Citv Manaqer...page s4 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 1.20.020; 2.23.030; 2.29.040; 3.10.060; 3.10.130; 3.35.050; 3.50.370; 8.15.010; 8.15.060; 9.18.120; 12.40.250; 19.60.060; 19.80.250; 19.80.260; 19.91.120. 8. COUNCIL REPORTS 9. MAYORS REPORT 10. EXECUTIVE SESSION • Quasi-Judicial pursuant to RCW 42.30.140(2) 11. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. COUNCIL MEETING DATE: January 18, 2011 ITEM #: Sa _ .............................................._........................_........................................................................................................................................................... . .. . .. . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes of the January 4, 2011 Special and Regular Meetings and the January 6, 2011 Special meeting? COMMITTEE: N/fl 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 January 4, 2011 Special and Regular Meetings and the January 6, 2011 Special Meeting. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION Staffrecommends approving the minutes as presented. CITY CLERK APPROVAL: N/�1 DIRECTOR APPROVAL N/A Committee Council Committee COMMITTEE RECOMMENDATION: N/fl N/�1 council 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 I reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READIPIG (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # � :�- cirv aF Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall January 4, 2011 7:00 p.m. www. cityoffederalway. com 1. 2. 3. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:00 p.m. Councilmembers present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Jim Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. PLEDGE OF ALLEGIANCE Councilmember Ferrell led the pledge of allegiance. PRESENTATIONS a. Proclamation: National Mentorinq Month Councilmember Freeman read the proclamation into the record and presented it to Doug Baxter from Communities in Schools Federal Way. Mr. Baxter thanked the Council for recognizing National Mentoring Month and spoke to the importance of inentoring in the community. b. Kinq County Solid Waste Interlocal Aqreement — Information only Solid Waste/Recycling Coordinator Rob Van Orsow reviewed the City's involvement in the Metropolitan Solid Waste Management Advisory Committee. King County is conducting a Comprehensive Solid Waste Management Plan Update to replace the 2001 Comprehensive Plan. Cities will have 120 days to either adopt or reject the plan. King County is also looking to request a rate increase in 2012 for garbage fees. King County has Solid Waste Interlocal agreements with 37 cities and is looking into potential revisions to the agreements such as extending the terms so King County can obtain bond financing for transfer system reconstruction. The Council shared their concerns regarding this issue as well as how missed collections due to inclement weather are being addressed. Mayor Priest recommended deferring issues with Waste Management and King County Solid Waste to the FEDRAC Committee. City Council Minutes — January 4, 2011 Regular Meeting Page 1 of 6 c. Mavor Emerqinq Issues / Introduction of New Employees Mayor Priest stated there were no emerging issues or new employee introductions. 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE CITY CLERK PR/OR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. Nancv Combs spoke regarding missed garbage collection dates last week. She also commented on unsafe city streets. John W ilde submitted a letter for the City Clerk to read into the record. He suggested a community volunteer day in Federal Way similar to the City of Auburns Clean Sweep event. Norma Blanchard asked if a business license was issued to a marijuana dispensary. She also asked how the Mayor voted on the Civic Center at the December 7, 2010 City Council meeting. Tim Anderson spoke in opposition of school buses being routed down 13 Place South. He would like the Councils assistance in negotiating alternate routes for the buses. Donald Barovic thanked staff for their assistance in keeping storm drains on his property clean. He spoke regarding Waste Management's level of service and the proposed chicken/duck ordinance. Molly McGruder voiced her concerns with buses being routed on 13 Place South. Jackie Muth shared her concerns regarding routing buses on 13 Place South Sam Pace spoke regarding item 7d. He feels there are simple solutions to address the Council's concerns on this item and is looking forward to assisting where he can. Michael Kun stated Puget Sound Energy is no longer a public entity. He encouraged the Council to look into a municipal energy entity to provide energy to Federal Way residents. Tim Burns commented on the Toys-R-Us property purchase. He feels approving the 1033 form is tax evasion and he questions the integrity of the City Council. 5. CONSENT AGENDA Ifems listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before fu/l Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequenf motion. a. Minutes: December 7, 2010 Special and Regular Meetings APPROVED b. Energy Performance Agreement with MacDonald Miller and Accepting PSE Grant APPROVED c. Dry Cleaning Contract between Empire Cleaners Inc., DBA John's Cleaners and the City of Federal Way, Washington for the Police Department Uniform Dry Cleaning Services APPROVED City Council Minutes — January 4, 2011 Regular Meeting Page 2 of 6 MOTION: Deputy Mayor Duclos moved approval of items 5a through 5c. Councilmember povey second. VOTE: Motion carried 7-0. 6. COUNCIL BUSINESS a. Vouchers Finance Director Tho Kraus stated the December 2010 Finance, Economic Development and Regional Affairs Committee meeting was cancelled so the vouchers did not go through Council Committee approval. The vouchers are items paid between November 16, 2010 and December 15, 2010 totaling $3,355,361.29 MOTION: Councilmember Park moved approval of the vouchers. Councilmember Burbidge second. VOTE: Motion carried 7-0. b. Monthly Financial Report Finance Director Tho Kraus stated the November 2010 Financial Report was being presented under Council Business because the December 2010 Finance, Economic Development, Regional Affairs Committee meeting was canceled. Major revenues below year-to-date budget include gambling and utility tax. The Federal Way Community Center is continuing to perform well. Revenues exceed year-to-date budget as well as prior years. The Dumas Bay Center has a positive ending fund balance of $112,000.00, of that $55,000 is earmarked for marketing study and implementation. Councilmember Park asked Ms. Kraus to bring information on the new work release program that the Municipal Court implemented to the January FEDRAC Meeting. MOTION: Councilmember Park moved approval of the monthly financial report. Councilmember povey second. VOTE: Motion carried 7-0. c. Leqislative Aqenda Amendment Financial Services Administrator Bryant Enge stated the City Council adopted the 2011 Legislative Agenda on November 2, 2010. Since then the State's economic condition has become more challenging. The revised Legislative Agenda before Council takes into consideration the State's financial challenges and does not request new funding. In addition, the revised agenda provides greater clarity concerning the City's emphasis on public safety and sustainability. Mayor Priest asked staff to provide additional information regarding surFace water mandates prior to the January 6, 2011 Legislative Meeting. MOTION: Councilmember Park moved approval of the draft updated 2011 Legislative Agenda. Councilmember Burbidge second. VOTE: Motion carried 7-0. 7. ORDINANCES FIRST READING: a. CB 563� 2010 Comprehensive Plan Amendments Related to the Performinq Arts Center and Competitive Sports Center An ordinance of the City of Federal Way, Washington, relating to amendments to the City's Comprehensive Plan City Council Minutes — January 4, 2011 Regular Meeting Page 3 of 6 Financial Services Administrator Bryant Enge stated this item had been before the Planning Commission and the Land Use, Transportation Committee for review. He summarized the proposed amendments to Chapter 6 of the FWRC and stated the proposed ordinance would change the name of the Performing Arts Center to Civic Center (Conference Center/ Performing Arts Center). City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to forward the ordinance to second reading and enactment at the January 18, 2011 City Council meeting. Deputy Mayor Duclos second. VOTE: Motion carried 6-1, Councilmember Ferrell dissenting. b. CB 564: FWRC Housekeepinq References to Citv Manaqer 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 1.20.020; 2.23.030; 2.29.040; 3.10.060; 3.10.130; 3.35.050; 3.50.370; 8.15.010; 8.15.060; 9.18.120; 12.40.250; 19.60.060; 19.80.250; 19.80.260; 19.91.120. City Attorney Richardson stated the proposed ordinance is a housekeeping item to replace references to City Manager with Mayor in the Federal Way Revised Code. City Clerk McNeilly read the ordinance title into the record. MOTION: Deputy Mayor Duclos moved to forward the ordinance to second reading and enactment at the January 18, 2011 City Council meeting. Councilmember Dovey second. VOTE: Motion carried 7-0. City Attorney Richardson reviewed the Mayoral Veto process for ordinances. She stated every ordinance must be presented to the Mayor, who has 10 days to act by either signing the ordinance or vetoing the ordinance by submitting written objections. If the Mayor does not take action the ordinance within 10 days, it becomes valid. If the Mayor veto's an Ordinance, the Council has the option to vote to incorporate the Mayor's objections, or override the veto with a majority plus one vote. The Council discussed the veto process and deferred the issue to the January 25, 2010 FEDRAC meeting for further discussion. SECOND READING: c. CB 560: Zoning and Development Code Text Amendments Related to Keepinq Chicken and Ducks An ordinance of the City of Federal Way, Washington, relating to the keeping of chickens and ducks; amending FRWC 19.260.020 and FWRC 19:260.060 and adding a new section to FWRC Chapter 19.260. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to approve the ordinance. Councilmember Burbidge second. VOTE: Motion carried 7-0. Ordinance 11-681 d. CB 561: Portable Sians in Street Side Planter Strips Code Amendment An ordinance of the City of Federal Way, Washington, relating to portable signs in the right-of-way; amending FWRC 19.140.060. City Council Minutes — January 4, 2011 Regular Meeting Page 4 of 6 MOTION: Deputy Mayor Duclos moved to postpone indefinitely the proposed ordinance regarding portable signs in the right-of-way as she understands a stakeholder group is being formed to fully address the issue. Councilmember Kochmar second. Vote: Motion carried 7-0. 8. COUNCIL REPORTS Councilmember Ferrell had no report. Councilmember Kochmar reported the next LUTC meeting was January 10, 2011. She read a thank you letter the Council received from a citizen regarding their interaction with the Police Department. Councilmember Freeman reported the theme for this years Martin Luther King event is "Building Community — Together We Stand." The event witl be held on January 17, 2011 at Decatur High School and begins at 11:30 a.m. Councilmember povey reported on the upcoming Lodging Tax Advisory Committee retreat that will be held on January 18, 2011. Councilmember Burbidge reported the next PRHSPS meeting will be January 11, 2011. She also reported on upcoming performances at the Knutzen Family Theater. Councilmember Park reported the next FEDRAC meeting will be January 25, 2011. Deputy Mayor Duclos reported on an up coming South Sound Chamber of Commerce Legislative Meeting. 9. MAYORS REPORT Mayor Priest asked the Council for a motion to suspend the Council Rules and hold the annual Council Retreat on January 22, 2011 rather than the last weekend in January as stated in the Council Rules. MOTION: Deputy Mayor Duclos moved to suspend the Council Rules and conduct the Council Retreat on January 22, 2011. Councilmember Burbidge second. VOTE: Motion carried 7-0. Mayor Priest reviewed the 2011 Suburban Cites Association Committee Appointments. Mayor Priest announced the following changes to the City's organizational chart: • The Chief Administrator Officer position will not be filled. • The Community Development Director Position will become the Community & Economic Development Director and will oversee the Building Official and the Planning Manager. Patrick Doherty will fill this position. • The Administrative Services Director will oversee Government Affairs, Civic Center, the Human Services Manager, the Information Technology Manager and City Council Minutes — January 4, 2011 Regular Meeting Page 5 of 6 the Human Resources Director. • Jean Stanley will fill the Human Resources Director Position. • Steve Cain will fill the Executive Assistant to the Mayor position. • Chris Carrel will fill the Community and Grant Coordinator position. 10. ADJOURNMENT With no additional business before the Council, Mayor Priest adjourned the meeting at 8:55 p.m. ATTEST: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — January 4, 2011 Regular Meeting Page 6 of 6 MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall January4, 2011 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 6:30 p.m. Councilmembers present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Jim Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly 2. EXECUTIVE SESSION The Council adjourned to executive session at 6:30 p.m. to discuss potential litigation pursuant to RCW 42.30.110(1)(i) and collective bargaining pursuant to RCW 42.30.140(4)(b) The Council adjourned from executive session at 6:45 p.m. 3. ADJOURNMENT Mayor Priest adjourned the special meeting at 6:45 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — January 4, 2011 Special Meeting Page 1 of 1 � CITY OF � Federal Way Federal Way City Council / 30 District State Legislators 2011 Legislative Breakfast/City Council Special Meeting January 6, 2011 — 8 to 9 a.m. Federal Way Community Center, Senior Lounge MINUTES Welcome & Introductions The meeting was called to order at 8:01 a.m. Councilmembers present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Jim Ferrell, Councilmember Linda Kochmar, Councilmember Jeanne Burbidge, Councilmember Mike Park, Councilmember Jack Dovey and Councilmember Roger Freeman. State Legislators present: Senator Tracey Eide, Representative Katrina Asay and Representative Mark Miloscia. II. Mavor overview and review of the Citv's 2011 Leqislative Aqenda Mayor Priest provided an overview of the City's 2011 Legislative Agenda and the top priorities included in the agenda. III. Open discussion of Top Priorities for the 2011 Leqislative Session The Council and State Legislators discussed the following top priorities: . Protecting State Shared Revenues • Public Safety • The Triangle Project . Economic Development IV. Council's obiectives This was discussed during item # III. City Council Minutes — January 6, 2011 Special Meeting Page 1 of 2 V. Leqislator Updates — 30 District Members outline their kev 2011 initiatives and alert us to how we can help: The 30 District legislators discussed the funding challenges that the State of Washington is facing. Legislators are currently working at removing approximately $600M from the current budget and will need to cut approximately $6B from the next budget. They understood the City of Federal Way's concerns in regards to levy repair, drunk driving, auto theft funding, and various other items. Councilmembers thanked the legislators for assisting the City on the previous legislative priorities. VI. Other issues / Wraq-up None VII. Adiourn The meeting was adjourned at 9:01 a.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — January 6, 2011 Special Meeting Page 2 of 2 COUNCIL MEETING DATE: January 18, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: � SUB.TECT: Amendment to the Interlocal Cooperation Agreement with King County for Conservation Futures Levy Funding and change of Spring Valley Project Scope. POLICY QUESTION Should the Council authorize the Mayor to execute an amendment to the existing Interlocal Cooperation Agreement between King County and the City of Federal Way to allow for the disbursement of funding for the Enticknap property acquisition and expansion of the Spring Valley Project scope to include the Enticknap property. COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: William A MEETING DATE January 10 , 2011 ❑ Public Hearing Other P.E., Surface Water Manager � DEPT Public Warks Attachments: ■ Memorandum to the Land Use and Transportation Committee dated December 10, 2010. Options Considered: 1 Authorize the Mayor to execute the Amendment to the Conservation Futures Interlocal Cooperation Agreement between King County and the City of Federal Way for open space acquisition projects. 2. Do not authorize execution of the amendment and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the lanuary 18, 2011 City Council consent agenda for approval MAYOR APPROVAL: ��_ ;tiL J DIRECTOR APPROVAL: � �%j1� ommrttee Council Committee Council COMMITTEE RECOMMENDATION The Committee recommends forwarding Option 1 to the January 18, 2010 City Council consent agenda far approval. ,�� .�� ' Linda Koc mar, Chair i Ferrell. Member PROPOSED COUNCIL MOTION "I m e o authorize the Mayor to execute � attacl��mendment to the Conservation Futures Interlocal Coope ation Agreement between King County and the City of Federal Way for open space acquisition projects. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: January 10, 2011 Land Use and Transportation Committee Skip Priest, Mayor (�yNl` Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management William Appleton, P.E., Surface Water Manager � Amendment to Interlocal Cooperation Agreement with King County for Conservation Futures Levy Funding BACKGROUND: On June S 1990, the City of Federal Way and King County entered into a perpetual Interlocal Cooperation Agreement for establishing procedures for dispersing King County Conservation Futures Levy Funds to Federal Way on projects selected for acquisition by King County. Attached to this memorandum is an Amendment to the original agreement necessary for dispersement of funds to Federal Way for the Enticknap Property acquisition. The subject amendment also adds the Enticknap property to the Spring Valley project scope, thereby allowing for conservation futures funds designated for the Spring Valley project to be utilized in the purchase of the Enticknap property. Execution of the attached Amendment is necessary for the SWM fund to be reimbursed for the acquisition of the Enticknap property(s). AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban cities through the procedures set forth in Ordinance 8867, as amended by Ordinance 14714. This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF FEDERAL WAY and KING COIJNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 5' day of June, 1990, as previously amended. The parties agree to the following amendments: Amendment 1: Article 1. Recitals A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy Fund allocation for the Hylebos Creek open space acquisition project, and hereafter reads: On November 24, 2008, the King County Council passed Ordinance 16312, which appropriated a total of One Hundred and Thirty Two Thousand Dollars ($132,000) in Conservation Futures Levy proceeds to the City of Federal Way for the Enticknap Wetland acquisition Project. On April 6, 2009, the King County Council passed Ordinance 16442, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 16312. On September 21, 2009, the King County Council passed Ordinance 16661, which authorized a change in the scope of the City of Federal Way Hylebos Creek acquisition Project to include property in the Enticknap Wetlands Conservation Futures acquisition Project, and an additional parcel under the same ownership as the Enticknap Wetlands project scope. On May 24, 2010 the King County Council passed Ordinance 16842, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 16661. Amendment G Annual CFT Interlocal Federal Way-King County 2008 CFT proceeds and 2009 Project scope modification -1- Amendment 2: Article V. Conditions of A�reement Section S.1 is amended to include Attachment G, which lists a 2008 Conservation Futures Levy Allocation for the Enticknap Wetlands acquisition Project, and a 2009 Project scope modification for the Hylebos Creek acquisition Project. Amendment 3: Article VII. Resnonsibilities of Countv The first two sentences of this article are amended to include Attachment G, which lists a 2008 Conservation Futures Levy proceeds allocation for the Enticknap Wetlands acquisition Project, and a 2009 Project scope modification for the Hylebos Creek acquisition Project: Subject to the terms of this agreement, the County will provide Conservation Futures Levy Funds in the amounts shown in Attachments A through G to be used for the Projects listed in Attachments A through G. The City may request additional funds; however, the County has no obligation to provide funds to the City for the Projects in excess of the total amounts shown in Attachments A through G. The County assumes no obligation for the future support of the Projects described herein except as expressly set forth in this agreement. Amendment 4: Attachment G The attachments to the interlocal agreement are hereby amended by adding Attachment G, which is hereby attached to the interlocal agreement, incorporated therein and made a part thereof. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. This document shall be attached to the existing Interlocal Cooperation Agreement. Amendment G Annual CFT Interlocal Federal Way-King Cotmry 2008 CFT proceeds and 2009 Project scope modification -2- IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY Dow Constantine King County Executive CITY OF FEDERAL WAY Mayor Date Acting under the authority of Ordinance 16442 and 16842: Dated: Approved as to form: DANSATTERBERG King County Prosecuting Attorney Amendment G Annual CFT Interlocal Federal Way-King Cow�ty 2008 CFT proceeds and 2009 Project scope modification Date Acting under the authority of: Coc�vtci ! motion. Dated: l�?�zolo Approved as to form: ii � !�'/ PATRICIA RICHARDSON City Attorney -3- ATTACHMENT G 2008 and 2009 CONSERVATION FUTURES LEVY CITY OF FEDERAL WAY ALLOCATION Jurisdiction Pro�ect Allocation Federal Way Enticknap Wetland $ 132,000 (Ordinance 16312) Federal Way Hylebos Creek (Scope change) $ 0 (Ordinance 16661) TOTAL $ 132,000 Proiect Descriptions: 315783 - Enticknaa Wetland $132,000 Enticknap Wetland project consists of the acquisition of a 6.35 acre property located on Hylebos Creek, north of S 373 Street and east of 12`�' Avenue S., in a headwater of the greater Hylebos Creek system. The property contains important salmonid habitat and offers an opportunity for habitat restoration and for removal obstructions to fish passage in the Hylebos system. 315722 - Hvlebos Creek $ 0(Scope change) This is a scope change for this multiple parcel project that has a goal of acquiring riparian habitat on Hylebos Creek. The expanded scope would include parcels that are also within the nearby Enticknap Wetlands CFT project, which was funded last year by King County and is also located on Hylebos Creek. The added property would be a portion of a parcel under the same ownership in the Enticknap wetlands project scope. The first acquisition priority of this project would thus be the Enticknap wetlands properties, and the second priority would be the remaining properties in the Hylebos project in the original project scope. City of FEDERAL WAY $ 132,000 Amendment G Annual CFT [nterlocal Federal Way -King Coimty 2008 CFT proceeds and 2009 Project scope modification COUNCIL MEETING DATE: January 18, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUS.TECT: South 320`" Street at I-5 Southbound Off Ramp — 100% Design Status Report and Authorization to Bid POLICY QUESTION Should the Council authorize staff to proceed with design of the South 320` Street at I-5 Southbound Off Ramp Project and return to LUTC for bid award for further reports and authorization? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ Ordinance MEETING DATE January 10 , 2011 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other DEPT Public Works S'rAFF REPORT BY: _Brian Roberts Street _Systems _Pro�ect._En� ............ ...._... ..............................................._.............................................._................_.._......._......__...................._..._.........._..........._.... � Attachments: Land Use and Transportation Committee memorandum dated January 10, 2011. Options Considered: 1. Authorize staff to bid the South 320` Street at I-5 Southbound Off Ramp Project, and return to the LUTC Committee to award the project to the lowest responsive, responsible bidder. 2. Do not authorize staff to bid this project and provide direction to staff. MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the January 18, 2011 City Council consent agenda for approval. MAYOR APPROVAL: d ,� 1r� DIRECTOR APPROVAL: _��. �„ � `� ' � Committee Z ouncil Committee Council COMMITTEE RECOMMENDATION Forward Option 1 to the January 1$ , 2011 City Council consent agenda for approval. i �-�-. �� tr-�„��.�..�-�" � , Linda Kochmar, Chair ell, Member J vey, Member PROPOSED COUNCIL MOTION "1 move �uthorize staff to bid the South 320`"`'3�treet at I-S Southbound Off Ramp project and return to the L UTC Committee to award the project ta the lowest responsive, responsible bidder. " (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 MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: January 10, 2011 Land Use and Transportation Committee Skip Priest, Mayor � Cary M. Roe, P.E., Director of Parks, Public Works an mergency Manage� menf Brian Roberts, P. E., Street Systems Project Engineer� South 320` Street at I-5 Southbound Off Ramp —100% Design Status Report and Authorization to bid BACKGROUND This project consists of widening the southbound off ramp from the present three (3) lanes to five (5) lanes. The updated ramp will have dual left turn lanes and three right turn lanes. The lane configuration on South 320`�' St will not be modified. Other modifications include relocated curb, gutter and sidewalk at the northwest quadrant of the intersection, shifting the South 320 Street median island and signal pole westward, constructing a retaining wall along the west side of the widened ramp, and modifications to the existing drainage and detention pond. Illumination will be upgraded along the length of the widened ramp. PROJECT ESTIMATED EXPENDITURES: Planning and Design (WSDOT) ROW Acquisition 2011 Construction Cost 10% Construction Contingency Construction Management (WSDOT) TOTAL PROJECT COSTS AVAILABLE FUNDING: Federal Grant (STPUL) Budgeted City Funds Mitigation TOTAL AVAILABLE BUDGET $ 646,000 0 2,737,500 273,750 600,000 $ 4,257,250 $ 3,200,000 1,840,000 (Transfer from Project 150) 165,000 $ 5,205,000 This project is within available budget and we anticipate bidding the project in February 2011 and awarding in April 2011. Construction will commence in May 2011 with an estimated substantial completion date of November 2011. COUNCIL MEETING DATE: January 18, 2011 ITEM #:�_ _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SuB.�cT: Interlocal Agreement between City of Federal Way, Federal Way Public Schools, Lakehaven Utility District, and South King Fire & Rescue POLICY QUESTION Should the City of Federal Way extend the existing Interlocal Agreement between the City of Federal Way, Federal Way Public Schools, Lakehaven Utility District and South King Fire & Rescue for five (5) additional years? COMMITTEE Parks, Recreation, Human Services, Public Safety CATEGORY: � Consent ❑ City Cou n c il Business ❑ Ordinance ❑ Resolution MEETING DATE January 11 , 2010 ❑ Public Hearing ❑ Other --_ STAFF REPORT BY: Ra� Gross, Emer�ency Mana�ement Coordi a or DEPT Public Works _ . . . . . . . . . . . . . . . . . . . . . . . . . Attachments: Memorandum to Parks, Recreation, Human Services & Public Safety Committee dated January 11, 2010. Options Considered: 1— Authorize the mayor to execute the five year extension of an Interlocal Agreement between the City of Federal Way, Federal Way Public Schools, Lakehaven Utility District and South King Fire & Rescue 2— Do not approve the extension of the Interlocal Agreement and provide direction to staff. MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the January 18, 2010 City Cou ncil Con Agenda fo r app MAYOR APPROVAL: � � DIRECTOR APPROVAL: � mmi ee ouncil Comm�tte Council COMMITTEE RECOMMENDATION I move to forward the proposed Contract amendment to the January 18, 2010 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 amended fnterlocal Agreement, extending the Agreement from January 1, 2011 through December 31, 201 S, and authorize the Mayor to sign said amendment. " CITY OF FEDERAL WAY MEMORANDUM DATE: January 11, 2011 TO: Parks, Recreation, Human Services & Public Safety Committee VIA: Skip Priest, Mayor FROM• Ray Gross, Deputy Emergency Manager r �/� ' Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management SUBJECT: Greater Federal Way Emergency Management Program BACKGROUND: In January of 2005 an interlocal agreement was established between the City of Federal Way, Federal Way Public Schools, Lakehaven Utility District, and Federal Way Fire District #39 now known as South King Fire & Rescue. This agreement established a Greater Federal Way Oversight Committee and established equal annual payments of $7,000 from each of the member agencies for the purposes of supporting payments to support joint emergency management projects, training, and equipment procurements. This agreement has now come up for a five year renewal. Attachment: Interlocal Agreement cc: Project File Day File ��'3'�' E�� :�•1`4�`l �`Sh �. � � :raN�:�• 8 f �'.dG�?tJ" :•1.3t.fS�f ��,:3°i'c ady, i;� a csi3E3i}w�.s�:'s2� '2�::�i oa� 7 }�u f�.'..�.�::4: ;_ <7'i:'.-3'y: r_.?f'T AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT AND SOUTH KING FIRE & RESCUE AND FEDERAL WAY PUBLIC SCHOOLS DISTRICT #210 This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), Lakehaven Utility District ("Lakehaven"), South King Fire & Rescue ("Fire District") and Federal Way Public Schools District #210 ("School District") (collectively "Parties"). The Parties agree to amend the original Agreement ("Agreement") dated effective January 1, 2005 as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section VI of the Agreement and any prior amendments thereto, shall be amended and shall continue until no later than December 31, 2015 ("Amended Term"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by any of the Parties consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section X of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Skip Priest, Mayor 33325 8` Avenue South Federal Way, WA 98003 DATE APPROVED AS TO FORM: City Attorney, Patricia A. Richardson DATE LAKEHAVEN UTILITY DISTRICT Don Perry, General Manager PO Box 4249 Federal Way, WA 98063-4249 DATE: APPROVED AS TO FORM: Steven H. Pritchett, General Counsel DATE: AMENDMENT -1 - 1/2010 �� OB�° � � [Signatures continue on following page] SOUTH KING FIRE & RESCUE A1 Church, Fire Chief/Administrator 31617 First Avenue South Federal Way, WA 98003 DATE: APPROVED AS TO FORM: Joe Quinn, General Counsel DATE '�..�� f 2�3Ni..� ih7� .3J � �A �F f�'•d'G.�''?EcS � � /tt..f' ;t ��8�"u�' - Y#��, :• �.C. Gf`rT?..li,t.:. s2� i 3:'��-7Ct',� i 3:3'E:££ C_;'i}l_s33"4�6i i3?i::; j"': ;�3'3 FEDERAL WAYPUBLIC SCHOOLS DIST. #210 Robert R. Neu, Ed. S., Superintendent 31405 — 18"` Avenue South Federal Way, WA 98003 DATE: APPROVED AS TO FORM AND CONTENT: Contracts/Purchasing Office Signature Printed Name Title DATE: AMENDMENT -2 - 1:�2010 � �� RETU RN T0: City of Federal Way Public Works PO BOX 9718 Federal Way, WA 98063-9718 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT AND THE FEDERAL WAY �IR� DEPARTMENT AND THE FEDERAL. WAY SCHOOL DISTRICT THIS AGREE�IEiVT is made and entered into by and between the City of Federal Way (hereinafter "CITY'�, Lakehaven Utility District (hereinafter "IAKEHAVEN'�, Federal Way �ire District #39 (hereinafter "FIRE DISTRICT'�, and Federal Way School District (hereinafter "SCHOOL DISTRICT'� (collectively "PARTIES'�. WHEREAS, the PARTIES agree that development af a comprehensive, strate�ic :`.. emergency management program is important to life, heaith, and safety of the citizens of the �� Greater Federal Way Community; and � - WHEREAS, the PARTIES agree that interagency coordination and management af ;a' :°.':' � - Greater Federal Way area disaster is important to the citizens of the Greater Federa�W�y' ::, . Community; and -'` "• - WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits {ocal governmental units to -� - make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities. PURPOSE The purpose of this AGREEMENT is to establish an oversight/planning board, known as the "PRO]EGT MANAGEMENT TEAM" to administer the activities of the Greater Federal Way Emergency Management Committee and to establish equal payments to support �he projects, training, and equipment procurements agreed to by the PROJECT MANAGEMENT TEAM. II. PROJECT MANAGEMENT TEAM The Project Management Team shall consist of the City Public Works Director and/or his or her designee, the General Manager of Lakehaven Utility District and/or his or her designee, the Fire Chief/Administrator for the Fire District and/or his or her designee, and the Superintendent of the Federal Way School Distritt and/or his or her designee. 9 III. PAYMENT A. It is mutually agreed between the PARTIES herefio that LAKEHAVEN will participate in funding the Greater Federal Way Emergency Management Committee in the annual amount of seven thousand ($7,000.00) payable within 45 days of billing by the CITY, and B. It is mutually agreed between the PARTIES hereto the FIRE DISTRICT wili participate in funding the Greater Federal Way Emergency Management Committee in the annual amount of seven thousand ($7,000.00) payable wlthin 45 days oF billing by the CITY, a�d C. It is mutually agreed between the PARI"IES hereto the SCHOOL DISTRICT wi11 participate in funding the Greater Federal Way Emergency Management Committee in the annual amount of seven thousand ($7,000.00) payable within 45 days of billing by the CITY, and D. It is mutually agreed between the PARTIES hereto the C1TY will participate in funding the Greater Federal Way Emergency Management Committee in the annual amount of seven thousand ($7,000.00). `. IV. aNNUAL REPORT . It is mutually agreed between the PARTIES that an annual report will be , conducted yearly. It will outline budget expenditures from the previous year and list,those proposed for the upcoming year. ' ` V. INDEMNIFICATION AND HOl.O HARMLESS � � Each PARTY agrees to indemnify, defend and hold the other PARTIES, their elected officials officers em lo ees and a ents harmless from an and all claims �"��'� �� demands, losses, actions and li (in cuding costs and all att fees) to or by any and all persons or entities, including,.without limitation, their respective agents, licensees, or representatives, arising or resufang from, or connected with, this AGREEMENT to the extent solely caused by the negligent acts, errors or omissions of that PARIY, Its partners, shareholders, agents, employees, or by that PARTY'S breach of this AGREEMENT. VI. DURATION This AGREEMENT shall be effeGtive from January 1, z005 through December 31, 2010 ("Term'�. VII. TERMINATION Any party may withdraw from this AGREEMENT and may be discharged from its obligations hereunder upon 45 days written notice to the other PARTIES. VIII. NOTICES Any notices required to be given by the CITY, by LAKEHAVEN, by the FIRE DISTRICT, or by the SCHOOL DISTRICT shall be delivered to the PARTIES at the addresses set forth below. _ '` ' - .... _ _: ,,: _ `' � IX. FILING OF AGREEMENT This AGREEMENT shall be filed with each party and the King County Auditor as required by law. X. OTHER PROVISIONS A. This AGREEMENT contains the entire written agreement of the PARTIES related to emergency management and supersedes all prior discussions. This AGREEMENT may be amended only in writing, signed by all PARTIES. B. This AGREEMENT shail be in full force and effeCt frpm the date of signature by ali PARTIES, and may be extended to additional periods of time upon written mutual agreement. C. Any provision of this AGR�EMENT which is declared invalid, vold or illegal, shall in na way affect, impair, or invalidate any other provisian hereof and such other provisions shall remain in full force and effect. � O BOX 9718 ` PO 6ox 4249 Federal Way, Washingtan 98Ob3- 718 Federal Way, Washington 98063 �- _ � --7 /, l / S� / IN WITNESS WHEREOF the PARTIES have hereunto placed thei� hand and seals on the day and year indicated. WAY r"` � EHAV DISTRICT ,� /�, � �("(:�%� ~ � vid ,ki, o- ey, City, Manager. , Dvn F�r .ry, �General Ma ger ..:, i:' � , . .. � � . ' _ '_ .. 4 c, . � Da�e � , , . . : , Date � . _ APPROVED-AS TO FORM: � � r I , . �� U . `/--.. \ Patricia A. Rich � dson, City Attorney �-I �� I n� Date APPROV�D 5 TO FORM: � /� �� f 1 Steven H. Pritchett, General Counsel o� (' I v�` Date EDERAL WAY F NO. 39 AI ur , 're Chief/Administrator 31617 First Avenue South Federa) Way, WA 98003 � �L Date APPROVED AS TO FQRM: �� Joe. � uinn, Gener Counsel 5-��. �S Date FEDE WAY SCH L DISTRICT Thomas . ur Superi tendent 31405 - 18th Avenue South Federal Way, WA, 98003 r.�•�•OS� Date APPROVED TO FORM AND CONTEN7: �� Contracts/Purcha 'ng i Signature Name Print �r�c_�ir: o� is k ��Yt��1T► � °� r�� Tde �� g Date K:\Emergency ManagemenhILA\2005 Emergency Management [IA.doc K;\COhfTRAC�2UD4�2004 EMERGENCY MANAGEMENT ILA.DOC COUNCIL MEETING DATE: January 18, 2011 ITEM #:� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT Human Services Division/Community Response Severe Weather Shelter. POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY COORDINATE COMMUNITY EFFORTS TO DEVELOP A STANDARD AND SUSTAINABLE COMMUNITY RESPONSE TO SEVERE WEATHER SHELTHERING? COMMITTEE Parks, Recreation, Human Services & Public Safety CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: Lynnette Hynden, Human Services Division Attachments: MEETING DATE January 11 , 2011 ❑ Public Hearing ❑ Other DEP1': Community Development Services • Memorandum to PRHSPS Council Committee Dated December 21, 2010 Options Considered: 1. Recommend approval of the Human Services Division/Community Response Severe Weather Shelter. 2. Do not recommend approval of the Human Services Division/Community Response Severe Weather Shelter. 3. Amend the proposed Human Services Division/Community Response Severe Weather Shelter. STAFF RECOMMENDATION: Staff recommends OpNon 1 MAYOR APPROVAL: _�� Comm�ttee DIRECTOR APPROVAL: C� Cortunittee Council PROPOSED COUNCIL MOTION: "I move approval of the Human Services llivision/Commumty xesponse Severe Weather Shelter Planning. " (BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading COMMITTEE RECOMMENDATION: I move to forward the proposed Human Services Division/Community Response Severe Weather Shelter Planning to the January 18,2011 City Council Consent Agenda for approval. ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 08/12/2010 RESOLUTION # .. ..:::<�:. ��r ar "�. ...... ��.�.... �� MEMORANDUM TO: Parks, Recreation, Htunan Services, & Public Safety Council Corrnnittee FROM: Lynnette Hynden, HuYnan Services Division Manage VIA: Greg Fewins, Community Development Services Department Director DATE: December 21, 2010 RE: Severe Weather Shelter BACKGROUND Cold weather faces us each year and becomes a challenge far some if not all of our community residents. The weather turns and before we know it our community is asking the question each year, "where is the severe weather shelter?" Snow and frigid temperatures are most definitely a concern for our neighborhoods because the power is sometimes impacted, but it is those residents that struggle to pay for their urilities that would rather not turn up their heat and put themselves at risk. In addition, our community participants that are living in their cars ar sleeping in public places are at even greater risk of harm due to severe weather. Two years ago when ow region was blanketed with snow and freezing temperatures, our local churches informally banded together to open severe weather shelters in their buildings. We learned a lot of outstanding information on the logistics of opening a severe weather shelter, as opposed to a homeless shelter or emergency shelter. All of the shelters referenced have codes of conduct in which to operate under. This year, and earlier than anticipated, our community once again found itself blanketed with snow and immediately our community partners started to rally to serve those that were directly impacted by the weather. Because the process or logistics have not been thoroughly documented, confusion overtook the situation this year but eventually, the severe weather shelters were open. The logistics of communicating and coardinating preparation befare an event occurs is necessary (should the city want to assist in the response), so that life safety issues are addressed outside of the crisis and our emergency volunteers are not harmed in any manner. The definition between an emergency shelter and the processes required, as apposed to a severe weather shelter, needs to be held to the proper standards. PROCESS The Directars of Emergency Management and Community Development Services met with the Htunan Services Manager and Emergency Management Coardinator to discuss and clarify roles and responsibilities when the community shelters residents in either an emergent situation or in response to a temporary, but recoverable situation. A true "emergency response" versus a severe weather shelter is the delineation we must be clear about when making a determination of how to respond to our community's needs. It is proposed that the Human Services Manager gather those limited number of churches known to the city as open to housing residents during severe weather and begin a dialogue to formalize a protocol whereby each participant understands their role. Confirming the church's ability to serve in the sheltering capacity needs to be explored before the event is upon us. Life safety issues are the primary concern from the Community Development Services Department. Making sure our corrnnunity understands that our CERT volunteers (while they are prepared to serve and most enjoy volunteering in the rimes of need) cannot be called out to staff a severe weather shelter because it is not deemed an emergency shelter. If it is not deemed an emergency shelter, then our volunteers are "not covered" by our insurance carrier. However, the churches themselves can call in the CERT volunteers from their own list that we will help them develop based on a willingness to serve response by our volunteers. Finally, the city is not equipped to take the lead on actually opening our facilities, in part due to limited staffing levels the "emergent vs. severe" sheltering definitions, and the impact to our revenue generating facilities, which would have a greater impact overall. The ciry can assist the coirnnunity by arganizing to help those that have been on the front line of response for severe weather conditions. Bringing the churches together, providing written protocols, and supporting them with limited, non-financial, resources. RECOMMENDATION Staff recommends that it is in the city's best interest to participate in the development of severe weather shelters by providing support and direction, rather than wait and react to ah hoc coordination that could impact the life and safety of our residents. It is recommended that the Human Services Manager start a process (using this year as a prototype) on being connected with the community as to their needs when they want to respond to residents in need. The process of developing written materzals and guidance that will be sustained over the years is the outcome staff seeks to achieve. In sum, staff is seeking support from the Council Corrmiittee to move this recommendation farward to the full council on the Consent Agenda for the January 18, 2011, meering. COUNCIL MEETING DATE: � CITY O� FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.rEC7': 2011 Diversity Commission Work Plan POLICY QUESTION Should the City of Federal Way accept the Diversity Commission Business Plan for 2011? ITEM #: 5 � CO�IT'rEE: PRHSPS CATEGORY: � Consent ❑ City Council Business A � Ordinance Resolution S'raFF REPORT BY: Lynnette Hynden, Human Services Manager Attachments: MEETING DATE: January 1 l, 2011 ❑ Public Hearing ❑ Other DEPT: Community Development Services • Memorandum to PRHSPS Council Committee December 20, 2010. • 2011 Diversity Commission Work Plan. Options Considered: 1. Recommend approval of the proposed 2011 Diversity Commission Work Plan. 2. Amend and approve the proposed 2011 Diversity Commission Work Plan. 3. Do not recommend approvai of the proposed 2011 Diversity Commission Work Plan. MAYOR'S RECOMMENDATION: Option 1 is recommended MAYOR APPROVAL: ��i��n� � DIRECTOR APPROVAL: � Co IItee Council Co�mmittee Council PROPOSED COUNCIL MOTION "1 move approval of the 2011 Diversiry Commission Work Plan " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPRO VED COUNCIL BILL # ❑ DENIED l ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinance.r only) ORDINANCE # RE VISED - 08/12/2010 RESOLUTION # COMMIT'I'EE RECOMMENDATION I move to forward the Z011 Diversiry Commission Work Plun to the Junuary 18, 2011, consent agenda for approvul. >::»�:. ��s� �Y : ... ��.... �� Memorandum Date: December 20, 2010 From: Lynnette S. Hynden, Human Services Manager To: PRHSPS Council Committee Via: Greg Fewins — Community Development Services Department Director Subject: 2011 Diversity Commission Business Plan Background Starting in 2010, the Diversity Commission amended its Bylaws in to make possible syncing up the Business Plan Development with the City's fiscal calendar. Until that time, the Commission was adopting and recommending their plans on mid-year cycles, which made it very difficult for planning any activities with fiscal impact. The Bylaws now make it possible for the Commission to draft and recommend their work plan prior to January and camplete the adoption of such plans by the City Council before March of the year in which is covers. This year at the Commission's September 2010 retreat, they reviewed the 2010 plan and developed the attached recommended Business Plan. The primary activities of the Business Plan include, but are not limited to, the following: • A Martin Luther King, Jr. annual project. • Develop and facilitate community forums on topics which are driven by the community's need for understanding diverse groups, which is also in line for outreach efforts to promote awareness and collaboration around diversity issues. The Business Plan is attached for your review. Options to consider are: Option I: Recommend approval of the proposed 2011 Diversity Coinuiission Business Plan. Option 2: Recommend to amend the proposed 2011 Diversity Comrnission Business Plan. Option 3: Do not recommend to approve the proposed 2011 Diversity Commission Business Plan. Staff Recommendation Approve the 2011 Diversity Commission Business Plan (Option 1) and forward it to the full Council Consent Agenda for approval at the January 18, 201 l, City Council Meeting. City of Federal Way Diversity Commission 2011 Work Plan Purpose: Advises the City Council on policy matters involving the community's cultural and ethnic differences, ensuring that these differences are considered in the decision-making process. Mission: To help Federal Way become a community that is united amidst diversity, where each individual is respected, equally valued, equally needed, and equally cherished. Equality is not sameness; it is equivalent value. Brand Promise: The Diversity Commission is dedicated to helping Federal Way become a city where all people have a feeling of belonging and shared community, where there is equal access to information and resources for all, and where there are equal opportunities for all. 1. Make recQmmendations, whenever necessary, to the City Council to ensure differences are considered in the decision-making process. By working closely with the City government, the Diversity Commission can continue to promote and support the City's Diversity programs. Commissioners will make efforts to attend the monthly council committee meetings in order to build relationships and diversity awareness. Members may take turns attending meetings to provide possible comments or input on upcoming relevant policies as they pertain to diversity issues. 2. Develop and support project(s) considered community tasks that promote the mission and purpose of the Diversity Commission. The Commission will support, organize, and provide community forum(s) to achieve the Brand Promise. The promise to convey to the community is that the Diversity Commission is interested in improving communication and providing opportunities to all for equal access to information. The Commission plans on two forum(s), and will delve into topics considered relevant to the community. The purpose is to solicit feedback and insight into the multicultural communities within Federal Way. Other potential tasks the Commission will support are: Martin Luther King Jr. and other cultural community celebrations. Book Drive — Until at least all elementary schools are provided for. Community service projects. �NG'YSZ1l' ��01)Z11tISSlOJ1 ��III Work PIarT 3. Conduet outreach and public education efforts within the Federal Way community. Inform the public, through various means, on the Diversity Commission's mission, purpose, and activities in Federal Way. Potential Tasks • Community forum(s} will be the primary focus to provide a platform for Commissioners to listen and get feedback from the residents of Federal Way. � Other communication vehicles that might be explored include: ■ Survey options for the purpose of being a communication conduit between the residents of Federal Way and the City Council. ■ Conduct community presentations as needed to promote and educate the Federal Way community. ■ Create and distribute diversity materials within the City of Federal Way to ensure that equality is not sameness but equivalent value. ■ Develop written articles for local newspapers that highlight success stories of individuals/families being supported by the Diversity Commission work plan. 4. Develop partnerships to promote awareness and collaboration around diversity issues. Create synergy with various communities leading to strong relationships and identification of those communities' leaders. Potential Tasks • Explore other partnerships, funding sources, and oppoi for the Diversity Commission in order to pramote the Commission's purpose and mission. � Explore partnerships and funding to support Federal Way's Language Bank. Explore efforts to increase collaborating and promoting joint efforts with other city commissions and community partnerships that promote the mission and purpose of the Diversity Commission. K'd � rver� iry Cnnuni<sh n�gnsmess - W ozk Plans\2011\20 i 1 W ork P lu�.doc COUNCIL MEETING DATE January 18, 2011 ITEM # CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Sus.�ECT: 2010/2011 Human Services Commission One-Time Public Services Funding POLICY QiJESTION Should the City of Federal Way accept the Human Services Corrunission One-Time Public Services Funding Recommendations for 201 U2012? C01vrnZIT'TEE: PRHSPS CATEGORY: � Consent ❑ City Council Business ■ � Ordinance Resolution MEET'ING DAT'E: lanuary 11, 2011 ❑ Public Hearing ❑ Other ST�'F REPORT BY: Lynnette Hynden, Human Services Manager DEPT: Corrnnunity Development Services Attachments: � Memorandum to PRHSPS Council Committee, December 21, 2010 • Exhi�bit A: 2011/12 Human Services Coinmission One Public Services Funding Recommendations Spreadsheet Options Considered: 1. Recommend approval of the proposed 20ll/12 Human Services Commission One-Time Public Services Funding Recommendations. 2. Do not recommend approval of the proposed 2011/12 Human Services Commission One-Time Public Services Funding Recommendations. 3. Amend the proposed 2011/12 Hulnan Services Commission One-Time Public Services Funding Recommendations. MAYOR'S RECOMMENDATION: Optian 1 is recommended. MAYORAPPROVAL: -� '� - ��fj� DIRECTORAPPROVAL: __j� ��. � Committee ounci Committee Council COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the January 18, 2011, City Council ConsentAgendu for upproval. ....� �.. ��^ Committee Chair ember�' " Committee / /.. _ PROPOSED CoUNCIL lYIoTION: "I move approval of the Hu�nan Services Commission One-Time 2011/Il funding recommendations, effective January 1, 2011, through December 31, 2012, with u total compensation of $86, 000.00 (each fiscul yeur), and authorize the Mayor or his designee to sign said agreements. " (BELOW TO BE COMPLETED BY C'ITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND RE.4DING (ordinnnces only) REVISED — 08/12/2010 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # .:::;��:: ��x� �r� '�: . �� ... �� MEMORANDUM TO: Parks, Recreation, Human Services & Public Safety Council Commi e FROM: Lynnette Hynden, Human Services Division Manager VIA: Human Services Commission DATE: December 21, 2010 RE: 2011/12 Human Services General Fund One-Time Grant Funding Allocation Recommendations BACKGROUND Every two years the Human Services Commission participates in the highly competitive process to allocate grants to agencies who will best serve the residents of Federal Way. The funding process is complete when the commission makes its funding recommendations to City Council. This year however, due to the severity of the economic impacts to the community as well as the tremendous numbers of grant requests received, one-time funding of $86,000.00 for years 2011 and 2012 has been provided to the Commission to make further grant a{location recommendations. The City Council has considered the Commissions recommendations for the line item general funds of $430,000.00 and approved the proposed recommended allocations. On December 7, 2010 the Council approved the praposed budget presented by City Manager/Police Chief Brian Wilson which included appropriations for one- time additional Human Services grant funds. In anticipation that this would indeed pass by full support of council, the Human Services Commission returned back to the original grant applications, reviewed their goals as outlined in the Housing and Human Services Consolidated Plan as well as considered current community needs. Attached please find the Human Services Commission's recommendations for the proposed contingency funds. FINALIZING FUNDING RECOMMENDATIONS The attached excel spreadsheets represents the additional dollar amount allocated to each agency. tncreased funding was determined based on the following factors: Agencies current 2009/10 funding and bringing those key programs up to the same �evel of funding. Focus on basic needs as the first priority and then community safety. The Human Services Commission is very thankful for the City Manager/Police Chief Brian Wilson's recommendation to increase the funding on a one-time bases as well as the Council's kindness in approving the recommendation. It is apparent that every one is being touched in some manner by this economic crisis that has impacted our community as well. The additional funding to bring our much needed programs to current level funding was abundantly clear to the commission as the most reasonable and fair determination. STAFF RECOMMENDATION Staff fully supports and recognizes the Human Services Commission extraordinary dedication and countless hours of review and consideration when they made their recommendations, therefore, I would urge the Council Committee to approve their recommendations as attached. In supporting the attached recommendations the committee would pass this on to the full council on the Consent Agenda for the January 18, 2011 meeting. FINAL HSC 2010-2011 CONTINGENCY FUND RECOMMENDATIONS (11/15/10) Stretegy #1 Agency - Strategy #1 Program 2011-2012 2011/12 Basic Needs 4096GF Request HSGF Contingency 209� Total HSGF+ Approved Increase Contingency Emergency Shelter Multi-Service Center and Transitional Housin $42,000 $30,000 $8,000 $38,000 Multi-Service Center Food and Clothing Bank $50,000 $28,100 $7,000 $35,100 Society of St. Vincent St. Theresa de Paul of Emergency Human Seattle Kin Co. Services $24,000 $18,500 $1,500 $20,000 Catholic Community Services of Western Emergency Assistance Washington Program (EAP) Szo,000 $io,000 S3,soo S13,soo Catholic Community REACH OUT Men's Services of Western Homeless Shelter Washington Program Szo,000 Sls,000 Ss,000 SZO,000 Federal Way Rent Assistance and Community Emergency Shelter Care ivin Network $28,500 $15,000 $8,500 $23,500 SUBTOTAL: $184,500 $316,600 $33,500 $150,100 11 1 Strategy #2 Agency - Stretegy q2 Program 2011-2012 HSGF Contingency 20Y Total HSGF + Community Safety 1596 GF Request Approved Increase Contingency King County Sexual Comprehensive Assault Resource Sexual Assault Center Services $31,200 $15,000 $15,000 $30,000 Valley Cities Counseling and Mental Health Consultation $42,000 $20,000 $20,000 $40,000 Domestic Abuse Continuum of Women's Network DAWN Housing Services $Z0,000 $10,000 $10,000 $20,000 SUBTOTAL: $93,200 $45,000 $45,000 $90,000 Strategy #3 Agency - Special Needs Strategy #3 Program 2031-2012 �__ ,__ __ 30%GF Request South King Council of� Capacity Building SUBTOTAL: $7,500 HSGF Approved Contingency 209�0 � Total HSGF+ Increase � Contingency $ 7, Strategy #4 Agency - Strategy #4 Program 2011-2012 Z011/12 Low Income Families HSGF Contin enc 209�o Total HSGF + with Children 15% GF Request g Y Approved Increase Contingency No Strategy #4 Agencies received Contin enc $� SUBTOTAL: $0 $0 $0 $0 GRAND TOTAL: $285,200 $161,600 $86,000 $247,600 COLTNCIL MEETING DATE: January 18, 2011 CITY OF FEDERAL WAY CITY COUNCIL ITEM #: AGENDA BILL SUBJECT: SPRINT SITE LEASE RENEWAL — PANTHER LAKE (34519 14 WAY SW) POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF THE WIRELESS SITE LEASE AND AUTHORIZE THE MAYOR TO EXECUTE THE AMENDMENT? COMMITTEE: PARKS RECREATION & PUBLIC SAFETY CATEGORY: � Consent ❑ Ordinance �_�� City Council Business STAFF REPORT BY: PATRICIA RICHARDSON ❑ Resolution MEETING DATE: 1/11/2011 ❑ Public Hearing ❑ Other DEPT: Law Sprint Spectrum, LP entered into a Lease Agreement with the City on December 26, 2005 for installation and operation of certain equipment on City owned land located at Panther Lake Park (34519 14`�' Way SW) for use in connection with its wireless telephone communications service. The 2005 Lease Agreement provided for rental fees in the amount of $1,500 per month with a 4% increase each year.. In 2005, the contract was extended for an additional 5 year term and the rent was increased to $2,000 per month with a 4% increase each year. The lease will expire on December 25, 2010 and Sprint has requested to renew the lease for an additional five-year term pursuant to the terms of the lease. The rental rate will begin at $2,43331 per month with a 4% increase each year. Options Considered: 1. Recommend approval of the lease renewal and authorize the Mayor to execute the amendment. 2. Reiect the lease renewal. STAFF RECOMMENDATION Recommend approval of the lease renewal and authorize the Mayor to execute the amendme MAYOR APPROVAL: ____�� _��'rLL;t° DIRECTOR APPROVAL: �� C mmittee Co� Co mmittee Council COMMITTEE RECOMMENDATION I move to forward the proposed amendment to the � ' °� Site lease to the , consent agenda for approval. :��'C��Y�'� �'�� 2n 1� � �,._�.._. ...__....:. , �• �c , ,�, � ��-'�,,� �; �.�:..`,�-�--_ L � .... . � I' Committee Chair C mittee Member � Commi mb PROPOSED COUNCIL MOTION "I move approval of the Second Amendment to the Sprint Site Lease at 34519 14`" Way SW, beginning December 25, 2010 and terminating on December 25, 2015, and authorize the Mayor to sign said amendment. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED l reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances onlyJ ORDINANCE # REVISED— 02/06/2006 RESOLUTION # SECOND AMENDMENT TO LEASE AGREEMENT FOR SPRINT SPECTRUM LP (AG # O1-005) This Second Amendment to Site Lease Agreement ("Amendment") is dated effective this day of , 2010, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and Sprint Spectrum Rea1ty Company, L.P., a Delaware limited partnership, successor-in-interest to Sprint Spectrum L.P., a Delaware limited partnership ("Tenant"). A. The City and Tenant entered into a Lease Agreement dated effective January 2, 2001, as amended by First Amendment dated December 26, 2005, whereby the City agreed to lease to Sprint Spectrum LP, as Tenant, a portion of the property, located at 34519 14 Way SW ("Lease"). B. The Lease provided that Tenant may renew the Lease for three (3) additional five (5) year terms under Section 2. C. Under Section 27.b. of the Lease, any modification of or amendment to the Lease must be in writing and executed by both parties. D. The City and the Tenant agree and desire to amend the Lease to renew the term of the Lease for an additional five (5) years. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged the parties agree to the following terms and conditions: Term Pursuant to Section 2 of the Lease, the Lease shall be renewed far an additional five (5) year term commencing on December 26, 2010, and expiring December 25, 2015 ("Second Renewal Term"), unless renewed pursuant to the terms of the Lease. Rent. Section 3 of the Lease shall be amended to increase the rental rate paid by the Tenant to the City during the Second Renewal Term. During the first year of the Second Renewal Term, Tenant shail pay to the city rental fees in the amount of $2,433.31 per month, due on the 5�' of each month. Commencing on the first anniversary of the Second Renewal Term and on each anniversary of the Second Renewal Term thereafter, the Rent shall be increased by four percent (4%) per year. - 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 33325 Eighth Avenue South Federal Way, WA 98003 With a copy to: Mayor 33325 Eighth Avenue South Federal Way, WA 98003 If to Tenant: Sprint Nextel Property Services Mailstop: KSOPHTO101-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 with a copy to: Sprint Nextel Law Department Mailstop: KSOPHTO101-Z2020 6391 Sprint Parkway Overland Park, KS 66251-2020 Attn: Real Estate Attorney 5. Full Force and Effect. All other terms and conditions of the Lease not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY : ATTEST: Carol McNeilly, CMC, City Clerk Skip Priest, Mayor 33325 8` Ave South Federal Way, WA 98003-6325 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney - 2 - Sprint Spectrum Realty Company, LP, a Delaware Limited Partnership : Name Title Address Phone STATE OF ) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of Sprint Spectrum Realty Company, LP, a Delaware Limited Partnership, that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 2010. (typedlprinted name of notary) Notary Public in and for the State of My commission expires - 3 - COUNCIL MEETING DATE: January 18, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�__ SUB.TECT: Acceptance of Grant Funding for Transportation Improvement Projects POLICY QUESTION Should City Council authorize staff to accept grant funding for 21 Avenue SW at SW 336�' Street Intersection Improvement Project and the School Zone Flashing Beacon installation at Silver Lake Elementary School? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ Ordinance MEETING DATE: January 10, 2011 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E., Ci Traffic En ineer DEPT Public Works _ ........................................................................................_........................................................................................�'_..................................................�.............................. .... ...................................._._..._........_.................__......................._.............._.............._._....................._...__..........._....._....._..._........................... Attachments: Land Use and Transportation Committee memorandum dated January 10, 2011. Options Considered: 1. Authorize staff to accept the grant funding under the 2011 Transportation Improvement Board (TIB) Funding Program for the 21 Avenue SW at SW 336` Street Intersection Improvements (Median U-turns) and the Washington Traffic Safety Commission (WTSC) funding for School Zone Flashing Beacon Installation at Silver Lake Elementary School. 2. Do not accept grant funding under the 2011 Transportation Improvement Board (TIB) Funding Program for the 21S` Avenue SW at SW 336`�' Street Intersection Improvements (Median U-turns) and the Washington Traffic Safety Commission (WTSC) funding for School Zone Flashing Beacon Installation at Silver Lake Elementa School. _ ....................._._._...__............._..... ............ ............_......................._............_........ _. .._...?�'_....................__..........................................................................................__...............__........__........................._........................__._............._................_....._..._......._......._........................... MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the January 18, 2011 Council Consent Agenda for approval. MAYORAPPROVAL: �/,� ,�� DIRECTOR APPROVAL: � �omm�ttee Council Comm�ttee C�. COMMITTEE RECOMMENDATION Committee recommends forwarding Option 1 to the Janua�y 18, 2011 Council Consent Agenda for approval. �� /� Linda Kodhmar. Chair Member Member PROPOSED COUNCIL MOTION "I m�o authorize staff to accept the gr z�nt �unding under the 2011 Transportation Improvement Board (TIB) Funding Program for the 21 Avenue SW at SW 336`" Street Intersection Improvements (Median U-turns) and the Washington Tra�c Safety Commission (WTSC) funding for School Zone Flashing Beacon Installation at Silver Lake Elementary School." (BELOW TO BE COMPLETED BY CITY CLERXS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 02/06/2006 K:\council\agenda bills\2010/01-19-10 Acceptance of Grant funding.doc COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: January 10, 2011 Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Pub ic Works and Emergency Management L"" ` Rick Perez, P.E., City Traffic Engineer � SUBJECT: Acceptance of Grant Funding for Transportation Improvement Projects BACKGROUND: This memorandum provides the Council with the current status of the grant applications submitted in 2010, grant funding received to date, and required match. Funding Agency Project Title Estimated Grant Fund Required Project Cost City Match Transportation Improvement Board (TIB) • 21 Avenue SW at SW 336�' Street Intersection $4,800,000 $3,360,000 $1,348,711* Improvement Project (Design/ROW/Construction) Washington Traffic Safety Commission (WTSC) � Silver Lake Elementary "School Zone Flashing Beacon Installation" *The required City match was appropriated as part of the 2011/2012. cc: Project File Day File $15,000 $7,500 $7,500* K:\LUTC�2011\01-10-11 Acceptance of Grant Funding for Transportation Projects.doc COUNCIL MEETING DATE: January 18, 2011 ITEM #: I _....._ ........................................_.................._...............................__......._........._..._............_......_..._....._........_...................._....._........._....._.._._...._..............._.........................._.._......_............._._..........._..............._..___........_..__....._....__._....._.._.... _..........._............_..............._......_.........._..... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION CONTRA.'CT FOR SERVICES POLICY QUESTION Should the City Council approve the 2011 Arts Commission Contracts far Services funding? COMMITTEE: PRHSPSC CATEGORY: Consent City Council Business ❑ Ordinance ❑ Resolution MEETING DATE 1/11/11 ❑ Public Hearing ❑ Other STAFF REPORT BY: John Hutton Recreation Su ervisor DEPT PRCS . .............._..............._........................................................._......._........__._._..._........................._�......._..................._.............._._....__........� _................._........._......................__._.._._..__......._........_........_............_.._......._.._..__._.......----....__..._---...__ :.._.__._....._...__.... Background: The Arts Commission Contract for Services Program funds local arts organizations that provide cultural programs within the community, The City serves as a partner in the provision of services. . Local arts organizations completed an application; the arts commission reviewed the applications, interviewed selected . organizations and developed funding recommendations. The budget for the 2011 Contract for Services Progt is $40,000.00. Attachments: 2011 Contract for Services Recommendation Options Considered: 1. Approve the proposed Arts Commission 2011 contract for services funding recommendation � 2. Don't approve the proposed Arts commission 2011 contract for Services funding recomrnendation. and - provide direction. MAYOR'S RECOMMENDATION Option 1- Approve the proposed Arts Commission 2011 contract for`.services funding recommendation. ---- . --- --__---_ _ — _____---- MAYOR APPROVAL: __�� /��_ DIRECTOR APPROVAL: ��' Committee T Council Committee COMMITTEE RECOMMENDATION: TO BE DETERMINED AT THE COMMITTEE MEETiNG. Council / � (BELOW TO BE COMPLETED BY CITY CLERKS OFFICF� I move to amend the Arts Commission funding recommendation for the 2011 Contract for Services Program consistent with the attached amended funding table. In addition, the amended funding allocation to Aria Dance Company is conditioned upon Aria Dance Company providing specific artistic services in Federal Way. For the 2012 Arts Commission Contract for Contract for Services process, the Arts Commission shall develop and conduct a workshop for all organizations intending to submit an application for the 2012 process. � PROPOSED COUNCIL MOTION: TO BE DETERMINED BASED UPON THE COMMITTEE RECOMMENDATION. Contracts for SeNices 2010 Request 2011 Proposed 2010 Or anization Allocations 2011 Re uested Allocations 2009 Allocation 2008 Allocation 2007 Allocation 2006 Allocation Fundin Re uest Aria Dance Company 3,282 3,600 3,000 3,600 3,600 3,57b 2,600 4000 (req) 4400 (req) 3600 (req) 3575 (req) 4000 (req) Federal Way Chorale 5,682 6,000 4,000 6,120 6,120 5,800 3,300 6596 (req) 7900 (req) 6120 (req) 6100 (req) 3300 (req) Community Festival Association N/A N/A N/A N/A N/A 3,900 3,000 "Federal Way Festival Days" 5000 (req) 5000 (req) Centerstage Theatre Arts 0 15,000 10,000 17,740 11,740 10,525 20000` Conservatory 25000 (req) 20000 (req) 15000 (req) 15000 (req) 10000 (req) �� . - ' InGudes one time fundin Federal Way Symphony 24,682 25,000 78,000 13,740 13,740 12,300 9,800 27000 (req) 27500 (req) 19460 (req) 14353 (req) 12000 (req) Jet Cities Chorus 3,182 3,500 1,600 1,500 1,500 7,000 1,000 3500 (req) 2700 (req) 2550 (req) 1000 (req) 1500 (req) Federal Way Coalition of the N/A N/A N/A N/A N/A N/A 500 Performing Arts 500 (req) � � �� "Includes $500 of New Pro ram Re uest Funds Harmony Kings 1,182 1,500 1,500 7,500 1,500 1,700 N/A 2000 (req) 2000 (req) 1500 (feq) 1100 (req) Historical Society 1,992 2,310 2,000 N/A N/A N/A N/A 2184 (req) Show Stoppers N/A N/A 0 N/A N/A N/A N/A 5000 (req) Totals 40 002 56 910 40 000 38 200 38 200 38 200 20 200 k: /a rtscomlwntractfo rservices/B udgeUAllocation2010 � Amended Arts Commission Contract for Services Motion Applicant Funding Request Proposed Allocations Aria Dance Company $ 3,600 $ 2,591 Federal Way Chorale $ 6,000 $ 4,299 Federal Wa S m hon $ 25,000 $ 17,820 Jet Cities Chorus $ 3,500 $ 2,520 Harmony Kings $ 1,500 $ 1,096 , Historical Society of $ 2,310 $ 1,674 Federal Wa Centerstage $15,000 $ 10,000 I COUNCIL MEETING DATE: January 18, 2011 ITEM #:�;� _..........._... _... _............ _.... _... . _.. . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION WORK PLAN POLICY QUESTION Should the City Council approve the Arts Commission 2011 Work Plan? COMMITTEE: PRHSPSC MEETING DATE: 1/11/11 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing � City Council Business '❑ Resolution ❑ Other �� STAFF REPORT BY John Hutton Recreation Su ervisor DEPT: PRCS _..........._:.-----. .....__. ,_,,.,._._.. .__._...._�........__..__......._..........._..-----._�. _.....---- ---........_ ....._._.:._ _....----- -...._...--- ----.._... _..-- ------- Background: Annually the Arts Commission schedules a refreat to review the current Work Plan and deveiop the plan for the upcoming year. The Work Plan outlines the projects, programs and associated funding for the year. . In 2011 �ttie `Arts Commission will focus `on improving public relations-press, newsletters �and web : �.", information in addition to the regular work consisting of maintaining several art galleries; : arts � shows and ` _ _. , supporting the �ed, White and Blues Festival. � Attachmentsc ' ' ' 1. . Prapqsed.201;1 Wor.k Plan ' _ _ . ' . -_ �. �� - � . �� 2. �2011 Arts �ommission Budget � ; � � : . Options Considered: � _ _ 1. Approv� the, Froposed Arts Commission 2011 Work Plan ' _; 2, .Don't ,approye the, proposed Arts Commission 2011': Work Plan and request the Arts Commission to ' � make<revisians. , MAYOR'S R�COMMENDATION: Option 1- Approve the Proposed Arts Commission 2011 Work PIan � ' MAYOR APPROVAL: _ �/J� DIRECTOR APPROVAL: �;�� omm�ttee C� Committee Council COMMITTEE RECOMMENDATION: 1 move to forward the Arts Commission 2011 proposed Work Plan to the January 18, 2011 . W+�1� v�v�de.rs-��►r� �� - �y Ip� �,me.r,�e-� �'F yQt2- -��'\ � ;.S c.pPwnaa.dl ►' w,c►1 �^�j �9t, - ?.6 � ,�----� _. � � .7--- __..__. / n', r ,a' , '"`�-; _ ,-4 ._ i �� Committee Chair PROPOSED COUNCIL MOTION "1 move approval of the Arts Commission 2011 Work Plan. " (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 (ordrnances only) ORDINANCE # REVISED— 08/12/2010 RESOLL!TION # Arts Commission Budget 2011 : :UD�ET ::::::::::::::::::::': . : : : . : : : : -:i . ' R�'�: �fl�I1VI::= x4x71�I:F�T .B �. . . �RTS ��MM . r��MtN::: (�1:'�: 2.... ..... 001 7200 352 573 22 001 7200 352 573 22 Part -Time Staf Part-time Staf $400.00 Office Supplies Office Supplies $250.00 Books, Maps, Periodicals Books, Maps, Periodicals $150.00 Operating Supplies Operating Supplies $250.00 Food & Bevera e r 5 0.00 Consultants Consultants $1,100.00 Per Diem and Meals Per Diem Meals $400.00 Conference and Seminar Conference and Seminar $700.00 Advertisin Advertisin $300.00 Association Dues Association Dues $200.00 ':� :::::::::::::::::: :::::::::::::::::::::::: ::::[;;::;:;:::;;:;::::::::;;;::: : ';'.; ;: . : ;:::::;:::::::::::[::::;::: :;:; ? ; . .. ..,,......, m�rA . .:.. ... Tc�r,�� .: . . . ..: : :.. . . . 4��4:�a ': :: : A?I�I; � i'�2. . RA11� Bi;Iil!GET::: ::i:: :: ,,. ` ...: ` : : : [ :::::::::::::::: ::::'': ." ': A�TS:�Q .....................±0±�_................................................. ��'�:�!E111!�M.,.:.�?�dfl!��AM.:.:.:.:.:..:_:.:.:.:.:.:.:.:.:.:.:.: :.........2��.'�. 001 7200 352 573 23 001 7200 352 573 23 E�chibit Stipends & Materials E�ibi� Sti ends & Materials $1,200 New Program Contracts New Program Contract $4,400 Newsletter/Fliers/Promotion Newsletter/Fliers/Promotion $10,000 Public Art � Rece tions Rece tions $59$ Red,White & Blues Festival Red White & Blues Festival $10,000 Arts Program Scholarships Scholarshi s $500 Summer Sounds on the Beach Summer Sounds on the Beach $3,000 Council Allocation/Contract For Services Contract for Services $40,002 ' *Cultural Plan Update Cultural Plan: .�.'� �;.;.;.;.;.;. ♦y +� ;�::`:::'� ::::::::::::::::::::::::::�:::::::::::::::: :::::�:�:;:::;:;:;:;::�:�::::i:i!::::;:;�::::::;:i:i:::;:::::::::::::::;�::::::;:;:; ::;:;:::::::::`::':::� �: ;�� :: :.�' �_:.�' �. ' : . ...... .: ..:.:.:.: �. . , ,.�. Yhi.?......... ... . ....... ...... ..... .. . . .�.. ...... . ........ ......... . .I ..f.... . . �. .... BUl). �'�':T : T� ' . :::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: : ::si : `: ?;: : : `: : i': i : :`?s; ; !! : :::: :::::::::[:::: :: ;:::::! : ; ; _ ,:,: .. :,. . ' +�.. . . . . .Qr . . . ��' . . . . . . . . ... . .. . 1. Administration Budget: $4,250.00 Program Budget: $75,700.00 T : :: : 'L: :i :::: :::: ::::::::::::::::::::::::::::: ::::::::::::: ::i:::: :: :::::::::::::::::: : ::::::::::::::::::::::::: : ` � ':` `. : 4T� .. . .......... . .:. ....:...: . ....... . ... .... . . .... ................... . .:.:.:.:.:.:.:.:. . .:.: :.: :.: : .:.:.: . . . .:.:.:.�7`��'',�.,t)Q k:/artscom/budgeU201 OAdopted ` CITY OF Federal Way Al''� COI�1S�St10II 2011 WORK PL�N M/sslon Statement.• The charqe of the Federal Way Arts Commission is to develop a community where cultural heritaqe is valued and the Arts are alive! Committee/Project Summary/Objectives Commission Tasks Who When Status Public Art Committee 1. Maintain City Hall and Knutzen Family Theatre 1. a. Distribute gallery applications; July- Exhibits and Cafe Tables Display at FWCC. select artists, install exhibits; November Committee Chair: b. Submit artisUexhibit information to On-going press-request artists provide photos of their work for promotional purposes. c. Increase DBC gallery to 5 exhibits. On-going 2. a. Assist w/development of criteria for 2. Partner with the Court to offer a student Art entry and selection. Assist w/ Jan-March Show. distribution of marketing materials. b. Assist w/Jury of entries. March-June 3. Sponsor Arts Alive in the Arts Juried Art Show. 3. Re-format the Arts Alive Exhibition Jan-March and Reception. 4. Manage 2% for Art Program 4. a. Develop an on-going maintenance Sept-Nov. program Maintenance program for the permanent collection. c. Review 2% for Art Ordinance and upeoming projecf eligibility. 5. Commission artwork for the Federal Way 5. a. Finalize budget, RFP for artwork March-July Community Center curved wa1L review submittals,_ select artist b. Contract w/Artist, Installation 6. Commission artwork for the Dumas Bay Stump 6. a. Finalize budget January- b. Contract w/ artist, installation March Cultural Outreach 1. Publish bi-annual Arts Commission Newsletter 1. a. Collect information, write copy, Feb. & Aug. Committee Newsletter, distribute in community. b. Redesign newsletter. Jan-Feb. Committee Chair: 2. Write press releases, establish Media 2. Promote on-going Arts Commission programs relationship's. °' - On-going - 3. . Organize chambec attendance, 3. Develop a relationship/visibility w/busine�s �' ' di's�rit5ute promotiorial mafe�ials. On-going community. 4. a. Create Facebook fan page. 4. Develop internet websites. b. Update city arts commission . . ' .. . .w�bP�1e _ :,, . :; .: : , ... . . . . . _ . , _: _ _ 6. Activel search for rant fundin Programs Committee 1. Develop Cultural Arts Opportunities at Red,_ __. 1,_ a. Org�rlize a�tists iri action and.arts_,_ On-going White and Blues Festival activities:and.interactive, dance areas. _ b. Expl�re passible'coflaboration Committee Chair: w/Qiversity Corpmission;, , _ ;- c. 5ponsor performance.stage 2. Manage Contract For Services Program - February- � ..• _ July 3. Sponso% Sounds on Beacli 3. Sponsor Outdoor Summer Concert S2ries ' '` July-Aug. 4. Partner with the Rhododendron Garden for -. � _"= �``' "" ' Grand Opening event. 4: �a 1 nightMfeekend event. b. Work with arCisfs to set up Start photograph,or� sculpture galtery for _� � discussion duration of event. c. Arran,�� for a string. quartet from- the FW Symphohy `tzi perform. Special Projects 1. New Member Orientation - 1. a. Host orientation session Jan.-Feb. b. Assign AC mentors to each new ___ . , . Commissioner . 2. Culturaf Plan Update 2: a. Develop and.submit RFP, select June-Sept. consultants b. Assist w/plan deyelopment Oct. April c. Commission/Ca6ncil�Approval of May Plan , 3. Participate in Performing Arts Center 3: Attend FAC meetings and other On-Going Committee Meetings in the feasibility work for a scheduled•work of the PAG•group. new performance Center. , 4. Artist Presentation 4. a. BeCCi Crowe resentation at KFT A ril Staff Responsibilities: Coordinate agendas with Arts Commission Chair and distribute; prepare monthly minutes for commission meeting; coordinate new commissioner orientation and annual retreat; assist the commission w/devefopme�nt of marketing materials; maintain website; contract management; assist the Arts Commission Chair with development of bi-annual budget. K:/artscom/retwkpin/2011 WorkPlan _ _ . .�_: . . COUNCIL MEETING DATE: January 18, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:. � � SUBJECT: COUNCIL COMMITTEE APPOINTMENTS POLICY QUESTION N/A COMMITTEE: CATEGORY: ❑ Consent � City Council Business H � Ordinance Resolution MEETING DATE: ❑ Public Hearing ❑ Other STAFF REPORT BY: Pat Richardson, City Attorney DEPT: Law SUMMARY: Pursuant to Section 21 of the Council Rules of Procedures, the Deputy Mayor makes Council Committee assignments in January of each year. Membership to Committees will consist of three (3) Councilmembers and appointments are for a one-year term. Attachments: Deputy Mayor's Draft Council Committee Appointments STAFF RECOMMENDATION N/A MAYOR'S APPROVAL: �_ __�� DIRECTOR APPROVAL: 1\I f � Committee ouncil Committee Council COMMITTEE RECOMMENDATION N/A Committe C h a ir Committee Member Co mmittee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 02/O6/2006 COUNCIL BILL # l reading Enactment reading ORDINANCE # RESOLUTION # CITY Of � Federal Way 2QI � �i� �c�unci� �ar�rn�tt�� Appointments & Meeting Dates FINANCE� ECONOMIC DEVELOPMENT $c REGIONAL AFFAIRS COMMITTEE (FEDRAC� Members: Mike Park, Chair Meets: 4 at 5:30 p.m. Jack Dovey, Member Hylebos Conference Room ]eanne Burbidge, Member Staff: Bryant Enge/Brook Lindquist LAND USE & TRANSPORTATION COMMITTEE I - -- -- Members: Linda Kochmar, Chair )im Ferrell, Member )ack Dovey, Member PARKS� RECREATION� HUMAN SERVICES & I Members: ]eanne Burbidge, Chair Roger Freeman, Member Mike Park Member LUTC) M eets: Staff: lBLIC SAFETI ' Meets: S►taf€: :E (CITY� SCHOOL & LAKEHAVEN Meets: As Notified , LODGING TAX ADVISORY COMMITTEE (LTAC3 Members: ]ack Dovey Meets: 2" Tuesday - 8:00 a.m. Hylebos Conference Room Staff: Patrick Doherty/Tina Piety FEDERAL WAY GOVERNMENT LIAISON COMM] Members: Linda Kochmar Dini Duclos SOUTH C�UNTY AREA TRANSPORTATION BOARD (SCATBD Member: ]eanne Burbidge Meets: PUGET SOUND REGIONAL CaUNCIL (PRSC� Member: Jeanne Burbidge ]ack Davey Meets: As Notified' VALLEY COMMUNICATIONS Member: )ack Dovey Brian Wilson Meets: As Notified 1�` & 3�° Mondays at 6:00 p.m. Council Chambers Cary Roe/Darlene LeMaster �MMinEE (PRHSPSC 2" Tuesday @ 5:30 p.m. Hylebos Conference Room Cary Roe/Mary ]aenicke As Notified SOUTH CORRECTIONAL ENTITY (SCORE) Members: ]ack Dovey Brian Wilson Meets: As Notified PUBLIC ISSUES COMMITTEE (PIC Members: Linda Kochmar Jeanne Burbidge Meets: As notified - , i._� rd ��.=r��r�� 1> z . -. =�i _sr'�r t: �bft r ._ :r .t�°- ,.. -., rz=� 3.::t �.. h c3r �r � .-. i=,;t•�.!ioc {2�vs�>!_a'a�if;;;�y ��, 1;;a1 COiTNCIL MEETING DATE: January 18, 2011 ITEM #: � GL CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: A PROPOSED ORDINANCE AMENDING THE ORGANIZATIONAL STRUCTURE OF CITY DEPARTMENTS AND AMENDING TITLE 2 OF THE FEDERAL WAY REVISED CODE. POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE AND ENACT THE PROPOSED ORDINANCE AMENDING THE ORGANIZATIONAL STRUCTURE OF CITY BY CREATING A NEW ADMINISTRITIVE SERVICES DEPARTMENT AND CONSOLIDATING OTHER DEPARMTENTS? COMMITTEE: n/a CATEGORY: ❑ Consent ❑ City Council Business � Ordinance ❑ Resolution MEETING DATE: n/a ❑ Public Hearing ❑ Other STAFF REPORT BY: Patncia Richardson, Ci Attorney DEPT Law _ ........................................_..............................._........_..._......................._..............................._................._. Background: Title 2 of the Federal Way Revised Code (FWRC) sets forth the departments and appointive officers that require Council confirmation. The proposed ordinance would amend FWRC Title 2 to do the following: 1. Combine the functions of Economic Development and Community Development Services Departments, which will now be responsible for economic development, building and planning functions. Patrick Doherty, Economic Development Director will assume the added responsibilities and serve as the Community and Economic Development Directar. Any new applicant will be appointed by the Mayor and confirmed by the City Council. 2. Geate one new department to be known as the Administrative Services Department. Bryant Enge will act at the Administrative Services Director. The new Administrative Services Department will be responsible for Human Services, Government Affairs and special projects like the Civic Center, as well as oversee the IT and HR Departments. Any new applicant will be appointed by the Mayor and confirmed by the City Council. 3. Eliminate the Financial Services Administratar position, the Economic Development Director position, the Communication and Governmental Affairs Manager position, and the Community Development Services Director position. Attachments: Proposed Ordinance amending the arganizational structure of the city. Options Considered: 1. Approve the proposed ordinance amending the organizational structure of the city and enact the organizational structure. 2. Modify the proposed ordinance and enact the organizational structure. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: n/a � DIRECTOR APPROVAL: Committee Council COMMITTEE RECOMMENDATION: N/A n/a Committee Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1 READING AND ENACTMENT OF ORDINANCE JANUARY 18, 2011: " move approval and enactment of the ordinance amending the organizational structure of the City. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # �� tQ �_ ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment readi� ❑ MOVED TO SECOND READING (ordirrances onlyJ ORDINANCE # REVISED— �2/06/2006 RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, amending the City Organizational Structure; amending FWRC Title 2; and adding new sections to Title 2. (Amending Ordinance Nos. 10-666 and 10-644.) WHEREAS, the City Council established the City departments, appointive positions and confirmation of mayoral appointments in Ordinance No. 10-666 before the election for the mayor was certified and the Mayor took office; and WHEREAS, the Mayor has determined that the organizational structure of the City should be amended as a cost savings measure and for efficiency; and WHEREAS, the Federal Way Revised Code should be modified to establish a new Department of Administrative Services; to establish an appointive officer to head this newly created Department, including the authority, duties and qualifications; and to establish that the position will require City Council confirmation under the Mayor-Council form of government; and WHEREAS, the Federal Way Revised Code should be modified to reflect that the merger of the responsibilities of Economic Development and Community Development Services into one department to be named the Community & Economic Development Department with the Director assuming the extra responsibilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. l l- Page 1 of 5 Rev 7/09 Section 1. Sections 2.11.030, 2.11.040, and 2.11.050 of the Federal Way Revised Code are hereby repealed in their entirety. Section 2. Title 2 of the Federal Way Revised Code is amended to add a new Chapter 2.12 as follows: Chapter 2.12 ADMINISTRATIVE SERVICES DEPARTMENT Sections: 2.12.010 Creation of Department. 2.12.020 Administrative Services Director — Appointment and Confirmation 2.12.030 Administrative Services Director — Duties 2.12.040 Administrative Services Director — Qualifications 2.15.010 Creation of Department. There is herebv created a citv department known as the administrative services department. The Department shall manage the City's political engaqement strateqy with federal, state and local elected officials, regulatory agencies and kev policymakers; manaqe the human services allocations and Community Development Block Grant fund; oversee and supervise the information technologv department and the human resources department. The administrative services department will staff the Human Services Commission. 2.15.020 Administrative Services Director — Appointment and Confirmation. The administrative services director shall be appointed bv the Mavor, subiect to confirmation by a maioritv of the Citv Council. 2.15.030 Administrative Services Director - Duties The administrative services director shall be responsible for providinq administrative, analvtical and technical support in the areas of new proqram research and development, special proiect implementation and communitv education supportinq economic development efforts of the city: servinq as liaison with the municipal court; overseeinq human services proqramming� supporting the citV council and the citv's management team and staff in formulating legislative issue positions and internal and external communications. 2.15.040 Administrative Services Director - Qualifications The administrative services director shall have anv combination equivalent to a bachelor's deqree in business/public administration journalism, communications, marketinq, pubtic relations political science qovernment affairs or related field and increasinqlv responsible relevant manaqement experience in the public sector related to public relations and communications and government affairs. A Master's dectree is stronglv preferred. Ordinance No. l l- Page 2 of S Rev 7/09 Section 5. Chapter 2.13 of the Federal Way Revised Code and the Sections list is hereby amended as follows: Chapter 2.13 COMMUNITY 8� ECONOMIC DEVELOPMENT c�o`��- DEPARTMENT Sections: 2.13.010 Creation of department. 2.13.020 Community and economic development �°^��-uirector — Appointment and confirmation. 2.13.030 Community and economic development director - Duties. 2.13.040 Communitv and economic development director - Qualifications. Section 6. Section 2.13.010 of the Federal Way Revised Code is hereby amended as follows: 2.13.010 Creation of department. There is hereby created a city department known as the community and economic development sewise�department. The department shall ^�^^^^° +he nencr�l f� ,n,� h� �mnn i ; administer and enforce International Codes for plan review, construction and inspection, and land use, environmental and nuisance codes; create long-range plans and policy work for the comprehensive plan, neighborhood plans, Federal Way Revised Code revisions, and housing and annexation; , accept passport applications; and provide leadership and coordination for the City's economic development activities recommending policy, infrastructure, marketinca, recruitment and negotiation for new development. The department will staff the planning commission, #�at� �en,,,.o� n�mmic�ci�n diversity commission, and land use/transportation council committee. Section 7. Section 2.13.020 of the Federal Way Revised Code is hereby amended as follows: 2.13.020 Community and economic development sewi�e�director — Appointment and confirmation. The community and economic development �°^��uirector shall be appointed by the mayor, subject to confirmation by a majority of the city council. Ordinance No. 11- Page 3 of 5 Rev 7/09 Section 8. Section 2.13.030 of the Federal Way Revised Code is hereby amended as follows: 2.13.030 Communitv and economic development director - Duties. The community and economic development �er�ise�director shall be responsible for directing the development and execution of the city's comprehensive plan for development including growth projections, land use, housing, environmental sensitivity, urban design, annexation, and zoning code modifications; reviewing and enforcing city development including land use applications, code enforcement, plan review, and building inspection functions; ^.,°��°°�^^ "� �^^�^ °°^,�^°° ^�^^��^�m�^^• °^^' supervising planning, program and other staff-i , manaqing the citv's efforts related to economic development, consistina of attractina new businesses, retaining and qrowinq existinq businesses, promotinq and assistinq the city in redevelopment efforts, and promoting tourism. Staff the lodqinq tax advisorv committee and assist other outside economic development committees. Section 9. Section 2.13.040 of the Federal Way Revised Code is hereby amended as follows: 2.13.040 Communitv and economic development director - Qualifications. The community and economic development �°^��-:irector shall have #�e-#e4lew�i�� ' any combination equivalent to a bachelor's degree in urban planning, civil engineering, building technology, business/public administration, or related field= alonq with increasingly responsible relevant management experience, including significant experience managing complex projects and experience in a supervisory capacity- and manaqement experience related to long-range planninq, land use qlanning or economic development. Section 10. 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. Ordinance No. l l- Page 4 of S Rev 7/09 Section 11. 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 12. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 13. 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 2011. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COLTNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ord�2011\Organizational Structure Ordinance No.11- Page 5 of 5 Rev 7/09 �VW�� , COUNCIL MEETING DATE: � , CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT 2010 Comprehensive Plan Amendments, Amending Ordinance No. 10-671 POLICY QUESTION Should the City approve amendments to Ordinance No. 10-071 in order to incorporate updated information related to the �e��g�rls Center and the Competitive Sports Center? � �� L ITEM #: 7 COMMITTEE: Land Use/Transportation Committee CATEGORY: ❑ Consent ❑ City Council Business ►1 ■ Ordinance Resolution MEETING DATE December 6 , 201� ❑ Public Hearing ❑ Other STAFF REPORT BY: B ant En e, Financial S stems Administrator __ DErr: City Manager's Office __ .............................................._......._.................._............_�'...........................��......................................_.................}'................................................_..............._..._............... . _..._._...........__........__._...._-----............._................_............._..._......._..._......_.__.._ Background: The Planning Commission conducted a public hearing on July 7, 2010, on the 2010 Comprehensive Plan Amendments, at the close of which they recommended to the council approval of the staff recommendation shown as st�l�g�t (deletions) and underline (new) text with further amendments to Chapter 6- Capital Facilities shown as (deletions) and double underline (additions or conections). The Planning Commission's recommendation was presented to the Land Use/Transportation Committee (LUTC) at the September 20, 2010, LUTC meeting at which time the LUTC recommended approval of the Planning Commission's recommendation with the exception of making any changes related to the Performing Arts Center (PAC) and the Competitive Sports Center. Additional information pertaining to the PAC and Sports Center was presented to the LUTC on November 1, 2010, at which time the LUTC gave staff direction to return to the LUTC with the proposed updates to Section 6.4 of the Comprehensive Plan with respect to the PAC and the Competitive Sports Center. At the December 6, 2010 LUTC meeting, the LUTC recommended addirional changes shown as highlighted and ' (deletions) and double underline (additiAns or correction ) intended to upd e Tables VI-4 and VI-5 C�i^d �-�^a ^StcA �'h� re�<✓�.►1Le �F* C� u� �- C tn'�'i' (��c.1cc �n�v��er�aw�i� I�r� C�.n-4�ei' ) , ' . Attac ments: 1) Draft Adoption Ordinance (Amends Ordinance Na 10-671) with Exhibit A; 2) Materials presented to the September 20, 2010 LUTC Meeting Options Considered: 1) Adopt the proposed amendments as further amended by the LUTC as shown in E�ibit A�S�he Draft Ado tion Ordinance; 2) Do not ado t the amendments. _......_ ............................._.__._....._......_..............._...................._...........--- ---.....- --....._......_....._............._....._...___....._._ _..._. .............................. ...................................................._................................_............................._........ ............................................................................._......._. _. STAFF RECOMMENDATION Staffrecommends Council approve option #1; adopt the LUTC recommended amendments as shown in Exhibit A to the Draft Ado ption Ordinance. ��q CIT`Y MANAGER APPROVAL: % { �,�`'H�� '� �'��`�� Committee C uncil COMMITTEE RECOMMENDATION: "I move to forward » ��.� � i Committee Chair i'` PROPOSED COUNCIL MOTION(S): DIRECTOR APPROVAL: amended ordinance to First Reading on December 21, Member Member 1 READING OF ORDINANCE (1/04/2011): "I move to forward the ordinance to a second reading for enactment on the January 18, 2011, consent agenda. " . 2 READING OF ORDINANCE (1/18/2011): "I move approval of the L UTC's recommendation. " (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 - O8/12/2010 RESOLUTION # K:\Comprehensive PIan�2010 Comprehensive Plan Update\City Council\0104ll MeetingWgenda Bill.doc ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to amendments to the City's comprehensive plan. (Amending ordinance no's. 90-43, 95-248, 96-270, 98-330, 00-372, O1-405, 03-442, 04-460, 04-461, 04-462, OS-490, OS- 491, OS-492, 07-558, 09-614, and 10-671.) WHEREAS, the Growth Management Act of 1990 as amended (Chapter 36.70A RCW or "GMA"), requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use map), housing element, capital facilities plan element, utilities element, economic development element, and transportation element (including transportation system map[s]); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with a land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998; September 14, 2000; November 1, 2001; March 27, 2003; July 20, 2004; June 16, 2005; July 16, 2007; June 11, 2009; and October 28, 2010; and WHEREAS, the City may consider Plan and development regulation amendments pursuant to Process VI, under Title 19 (Zoning and Development Code) of the Federal Way Revised Code (FWRC), chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, under RCW 36.70A.130, the Plan and development regulations are subject to continuing review and evaluation, but the Plan may be amended no more than one time per year; and WHEREAS, the Council has considered amendments to the text and maps of the comprehensive plan, the comprehensive plan map, and the zoning map, specifically, the text and Map VI-5 (City Facilities) of Chapter 6 — Capital Facilities; the text and Map VII-2A (Boundaries of Planned Action SEPA) of Chapter 7— City Center; and Map VIII (Public School Facilities) of Chapter 8— Potential Annexation Area; and three citizen- initiated requests (Request #1 — Lloyd/Valiani Request, Request #2 — Song Request, and Request #3 —ST Fabrication Request) for changes to the comprehensive plan and zoning map designations; Ordinance No. 10- Page 1 of I1 Rev 1/10 CP WHEREAS, on June 19, 2010, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the 2010 Comprehensive Plan Amendments; and WHEREAS, the City's Planning Commission held a public hearing on July 7, 2010, at the close of which they recommended to the Council approval of the following amendments: 1) amendments to the text and Map VI-5 (City Facilities) of Chapter 6— Capital Facilities; the text and Map VII-2A (Boundaries of Planned Action SEPA) of Chapter 7— City Center; and Map VIII (Public School Facilities) of Chapter 8— Potential Annexation Area, and 2) approval ofthe three citizen-initiated requests (Request #l.— L1oydNaliani Request, Request #2 — Song Request, and Request #3 —ST Fabrication Request) for changes to the comprehensive plan and zoning map designations; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered the comprehensive plan amendments on September 20, 2010, following which it recommended approval of the Planning Commission's recommendations with the exception of making any changes related to the Performing Arts Center (PAC) and the Competitive Sports Center; and WHEREAS, additional information pertaining to the PAC and Competitive Sports Center was presented to the LUTC on November 1, 2010, at which time the LUTC gave staff direction to return to the LUTC with the proposed updates to Section 6.4 of the Comprehensive Plan with respect to the PAC and the Competitive Sports Center; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered the proposed updates to Section 6.4 of the Comprehensive Plan with respect to the PAC and the Competitive Sports Center on December 6, 2010, following which it recommended approval of the changes �� intended to correct Tables VI-4 and VI-5 and changed the name of the Performing Arts Center to Civic Center - Conference Center/Performing Arts Center; and WHEREAS, the City Council, through its staff, Planning Commission, and City Council committee, received, discussed, and considered the testimony, written comments, and material from the public, and considered the matter at its City Council meetings on October 5, 2010, October 19, 2010, January 4, 201 l, and January 18, 2011; and Ordinance No. 10- Page 2 of 11 Revl/IOCP WHEREAS, the City Council approved the: 1) amendments to the text and Map VI-5 (City Facilities) of Chapter 6— Capital Facilities; the text and Map VII-2A (Boundaries of Planned Action SEPA) of Chapter 7— City Center; and Map VIII (Public School Facilities) of Chapter 8— Potential Annexation Area, and 2) approval of the three citizen-initiated requests (Request #1 — Lloyd/Valiani Request, Request #2 — Song Request, and Request #3 —ST Fabrication Request) for changes to the comprehensive plan and zoning map designations on October 19, 2010; and WHEREAS, the City Council desires to approve further amendments related to the �4E Civic Center and Competitive Sports Center and considers these amendments as part of the overa112010 Comprehensive Plan Amendment process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) The proposed amendments to the comprehensive plan text, as set forth in Exhibit A, attached hereto, are consistent with the Council vision for the City of Federal Way; will provide for capital facilities to serve both present and projected population; and therefore bear a substantial relationship to public health, safety, and welfare; are in the best interest of the residents of the City; and are consistent with the requirements of RCW 36.74A, the King County Countywide Planning Policies, and the un-amended portion of the Plan. (b) The proposed amendments to the comprehensive plan text, as set forth in Exhibit A, attached hereto, will not negatively affect open space, streams, lakes, or wetlands, or the physical environment in general. The amendments will allow for provision of public facilities consistent with the Plan's overall vision. The amendments, therefore, bear a substantial relationship to public health, safety, and welfare; are in the best interest of the residents of the City; and are consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the un-amended portion of the Plan. (c) The proposed amendments have complied with the appropriate process under state law and the FWRC. Section 2. Comprehensive Plan Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, and 2010, copies of which are Ordinance No. 10- Page 3 of 11 � Rev 1 /10 CP on file with the Office of the City Clerk, is amended as set forth in Exhibit A attached hereto. Section 3. Amendment Authority. The adoption of plan amendments in Section 2 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to Chapter 19.80 FWRC. Section 4. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, Z001, 2003, 2004, 2005, 2007, 2009, and 2010 shall remain in full force and effect until these amendments become operative upon the effective date of this ordinance. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force five (5) days after passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 18th day of January, 201 l. CITY OF FEDERAL WAY ATTEST: MAYOR, SKIP PRIEST CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 1 D- Page 4 of 11 Rev 1/10 CP EXHIBIT A CHAPTER SIX — CAPITAL FACILITIES .................. 6.4 Community Facilities Significant community investments have been made in the last 10 years to implement the community's vision for Federal Way. In addition to the investments in the surface water, transportation, and parks areas, the City also acquired and improved a basic set of community facilities to house City operations and provide space for community gatherings and recreation. The City acquired Dumas Bay Centre (a conference and retreat facility) in 1993. Strong local support in community recreation and arts activities translated into the City Council's adoption of a 2% For the Arts ordinance to provide funding for arts in public places in 1994, and the construction of the 254-seat Knutzen Family Theatre in 1998. City Hall, which consolidates most City administrative offices, Police, and the Municipal Court in one facility, was acquired in 2003. The City began constructiori of a new 72,000 square-foot Community Center in fa112005. Construction was completed in early 2007. The facility houses Recreation and Cultural Services staff, and includes athletic and community facilities suitable for a wide variety of events and programs. Inventory of Existing Facilities As of January 2007, the City owns or occupies a number of facilities, as shown in Table VI-4 and Map VI-S. Projected Community Needs The City has identified a number of facilities to help deliver services more efficiently and adjust to the changing demographics of this community in the future. These projected needs are beyond the City's ability to fund within the six-year planning horizon. However, in order to keep the community's vision alive, we purposely did not exclude any of these community projects. The City Council will periodically review and prioritize these projects and provide funding when available. A description of these facilities with a summary list is provided in Table VI-S. Ordinance No. 10- Page 5 of 11 Table VI-4 Summary of Existing Community Facilities Building Name Own/ Use Sq. ft/Occupancy Leased City Hall Own City operations not otherwise listed 88,085/approximately 300 FTE and Council Chamber Police Evidence Own Police evidence room 6,000/2 FTE Federal Way Community Own Community recreation center with gym, 72,000/13 regular FTE and Center pools, in-door track. ctitnbin� �valF_ approximately 20 part-time temporary senior lounge, pre-school, and personnel educational classrooms.'da�:�are;: �� Opened in 2007 arit� �rafts �rn�am: and multipurpose room with kitchen. Recreation staff offices. Steel Lake Annex Own Steel Lake Maintenance Own Shop �,.. � ��'��.� Maintenance �uildint Dumas Bay Center (DBC) Knutzen Family Theater (at DBC) •J .�. . . a l�uiii� _ _ 'e J € �� Y: o- ;, �a - -- Maintenance operations, outdoor equipment and material storage i..!_R.9.. "!.�!9i"E_ a1.! I�wiY.l.' :+. '��-� Own Public park, meeting/banqueU overnight lodging Own �4 �� seats perfarming arts theatre and rehearsal � roain Miscellaneous Outdoor Storage 1,161/program only 4,110 office and maintenance bay/32 FTE approximately 90 sq ft storage yard and approximately additional 1.5 acres available for future expansion �_U� � .�: i��intena�ice t�i�tdin�' 6 meeting rooms, 70 overnight rooms, 12 acre park ground Leased Street maintenance material and park 10,000 material starage equipment storage 2,000 equipment storage Miscellaneous Indoor Leased Spare office equipmenbfacility 260 sf. ft. Storage parts/records 2,160 cubic ft boxes stored offsite in a document storage facility Table VI-5 Projected Commumty Facility Needs �� Type of Facility Year Size Cost (s� (millions) L Indoor Competitive Sports Facility 2015 75,000 �'"�� :�.��. in 2 � � \ ��.Q`� �''� � v�� enter �cinfere�ce 2015 �� ''� ii��3 ��n�.�.r, �,�� ai��x.:5�f�<� _.��i Ordinance No. 10- Page 6 of 11 �A�9AA }�a�� c n�� 3. Maintenance Facility � '1"� �'• �'ma� T�i ¢ '(��f��nei� �� 't`� be'ct�t�t�ii�t�ed 4. Public Parking Facilities 2Q �, 5 200 — 400 stalls �� ; � _ TOTAL '��'.t��tP?�� MuniCipal FaCility (General Government, Police, and Court Operations) The City acquired the current City Hall in 2003 and consolidated its police, court, and general governmental operations under one roof. About 10 percent or 8,000 of the total 88,500 square feet of space in this building is currently available for future expansions. In addition to the City Hall parcel, the City also acquired two vacant lots to the north which is the location of the Police Evidence facility and overflow parking for the City Hall/ Municipal Court. Pursuant to an interlocal agreement, the Cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac, and Tukwila Washington have agreed to jointly develop, construct, maintain, and operate a consolidated correctional facility to be located in Des Moines, Washington, to provide correctional services essential to the preservation of the public health, safety, and welfare serve for these cities. As part of this agreement, an autonomous public agency was formed, the South Correction Entity (SCORE) with representation from the cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac, and Tukwila. Collectively, the cities represent almost 340,000 citizens in South King County. As a result of the shortage of jail beds, King County notified the cities in 2000 that they would no longer be able to house misdemeanant inmates after 2012. Many cities have contracted with other jail facilities in Eastern Washington to house inmates as an interim measure. However, these contracts expire even sooner, in 2010. While these contracts have provided short term relief for the jail crisis, they are not a long-term solution and additional capacity must be built. For example, the SCORE cities are currently using approximately 350 jail beds every day. However, the Renton and Auburn jails can only house 100 inmates, leaving a need for an additiona1250 beds. This is the current deficiency. As the population in the region expands, the shortage of jail beds will become even greater. All of the King County cities participated in a long-term jail needs study in 2006. This study is lrnown as the Ricci-Greene Study. The study suggested that two sub-regional jails be constructed. The study revealed that 1,440 beds would be needed by all the cities by 2026. Of the 1,440 beds, 700 of them are needed in South King County. After the Ricci- Greene Study was completed, the SCORE cities completed a separate feasibility study to determine if the cities could provide equivalent jail services at a reduced cost. The feasibility study revealed that SCORE could provide the same services at a reduced rate, benefiting the tax payers of the SCORE citizens. Ordinance No. 10- Page 7 of I1 The $80.5 million facility will be a single-story building with a housing mezzanine constructed on a sited owned by SCORE located in Des Moines, Washington. The facility will be approximately 137,000 square feet with associated parking and site improvements on a 15.613-acre collection of parcels. The site is near Des Moines Creek Park where South 208` Street intersects with 18"' Avenue South. The facility is designed to house up to 822 inmates. There will be approximately 120 employees at the facility. The majority of those will be corrections officers, followed by medical staff and administrative personnel. Ownership and the financial commitment to SCORE are prorated based on the city's 2007 average daily prisoner population—for Federal Way that is 69 operational beds, or 18 percent of the project. Maintenance Facility The Parks and Public Works maintenance facility is located at 31132 28` Avenue South. The entire site is approximately 1.4 acres, with 1,060 square feet of office space and a 61,000 square-foot fenced storage yard. The City acquired two adjacent parcels, for a total of 2.25 acres, to the north of the facility in 2003. Today, the maintenance facility contains around 3,500 square feet of office space and 90,000 in fenced storage space, with an additional 1.5 acres of land area available for future expansions. Parks Maintenance operates seven days a week, two shifts per day. The space needed for the maintenance operations includes a front counter/reception area, crew quarters (including an area for daily time cards, breaks, and crew meetings/training, etc.), as well as a locker room. Public Works streets and surface water maintenance operations have similar needs for office space; operating Monday through Friday, year round, one shift per day. Both Parks and Public Works maintenance operations tend to intensify during the summer months and require up to 15 part-time, seasonal workers at any given time. Depending on how the citYgrows and transforms over the years the maintenance facilitv may involve several options to provide flexibility to accommodate this chan eg and rg�owth, and continue delivery of hi h�qualitv and timel ��citv services in the future. The desi�n and construction costs for constructin�/renovatinQ and/or expandin�the maintenance facilitv will depend on the operational � als. Conference/Performing Arts Center .•, �� -� � - -' • . - - . ..----- ..... ..... .. . „ ... - �� Ordinance No. 10- Page 8 of 11 �� _�� _ •�i •� �� 'i�� -- " � ' " � i � � � � � � • � - - - - - - - � � � � � - � � � � - /i � � � � � � � In 1994 the Citv of Federal Wav Arts Commission funded a feasibilitv study of a facilitv to house a cultural and community events center and the desire to create an ima eg and identitv for the citv as one which recognizes the value of arts and culture as an essential component of the community. Since then the city has studied the feasibility of a performin� arts center. The performin�arts center would serve multiple purposes, includin�performances lecture series business conventions, visual arts exhibit space, and �ace for events. In 2009 the citv en��ged Webb Management Services in conjunction with LMN Architects to studv feasibility of an integrated performin� arts and conference center facility. A conference center has the ability to enrich the performin� arts center identitv and increase visitors through increased attendees. Based on the consultant's review, a 500 to 700 seat theater would support local arts organizations and operate as an additional lar�e conference space for lectures and presentations. The report found that a conference center would include an 8 000 sc�uare-foot lobby and conference center and 6,000 square feet of additional meetin� space to be used as breakout rooms or for stand-alone events. The estimated cost for an inteQrated facility was $30 to $40 million. Multipurpose Competitive Sports Center In 2002 �the City �� a i�a' , * a^ ° °^` i^a^;""'^° ^"'a f a the Lodging Tax Advisory Committee (LTAC) �'-n��a�° �~a °~'�� +'�°' ^'' commissioned a feasibility study��tidv`: for an indoor competitive sports facility �'x��t�� increase visitors' stay in local Ordinance No. 10- Page 9 of 11 hotels and complement the Aquatic Center and Celebration Park, two other regionaUnational amateur sports facilities in the City. A number of development concepts have been considered, one of which is a facility €e� to accommodate basketball and volleyball tournaments �°�''� �~ �*'�'°`�� '•�'� `�� *r�;�:-�R��ra:*:��;��- *� h� �r�*� � ° °. Based on this research the �� u� facilitv would accommodate 4-6 basketball courts and 4 volle�ball courts. The facility would also recLuire parkin� One of the considerations for such a facility would be its ability to be financially self-sustaining. It would also ideally be developed and operated by the private sector, with minimum or no public participation. Competitive Sports Center 75,000 square-foot facility Five-acre site ��$ Qi � •n• a i or, .,�a ,. ..�.,.,,,..;�.. ,,..i., +„ �.e r„raoa �..,,.. �o�« � �� Public Parking Facility The existing city center development is currently near or at capacity with the required surface parking to business-space ratio. To intensify the development, such as the multi- story mixed-use developments envisioned by the community, additional parking space will be needed. These additional parking spaces would most likely be achieved through structured parking, consistent with the multi-story mixed-use business space. . With the construction cost of structured parking at a premium when compared to land cost, some public/private partnership would likely be needed for them to be financially feasible. �'''� ~�~�'~�°��'�;„ � T ; °�^ -"",'",+ � �*��-�� *� ��„�� r�r'��^ �^�'�*��.-These facilities could be in part financed with the city's Local Investment Financing Tool (LIFTI funds. In addition, these facilities could be constructed in conjunction with various redevelopment schemes, which may or ma_y not include a Civic Center - Conference Center/Performin� Arts Center. Public Parking Facility Recommendation 200 to 400 designated public parking spaces in conjunction with privately developed parking structures for redevelopment projects located within the City Center. u�...:. _,� , � . Investments will vary depending on the need and type of redevelopment projects at each location. City funding sources would be a combination of the City's economic development incentive fund and other state and federal economic development, and/or infrastructure funding sources. Ordinance No. ]0- Page 10 of I1 Financing Plan It is desirable to have all theses facilities in the community as soon as possible. However, , . „, °°�''�°T. �r° � .T.;+'� the cit revenues will not support either the development or the required operatine and on-�oing maintenance of these facilities. These facilitv additions depend on future private or voter-approved funding sources, +'�°��- � a �» . ... ;*,,o..,�.o ao o�„ ,,, ,,,-.,�o e oa ...;r �a rr Y "' 1 „ „�o o .. ,..o .,t .,. .,a,a�.:,, „� ,.:+.,t .,a .,, „*a o c„�a� The City updates its capital improvements program every other year in conjunction with its biennial budget process. These updates will reflect new project priorities and funding availability. .................................................. K:\Comprehensive P1an�2010 Comprehensive Plan Update\City Council\010411 Meeting\Revised Ordinance with Exhibit A.doc Ordinance No. 10- Page 11 of ll MATERIALS PRESENTED To the September 20, 2010 LAND USE/TRANSPORTATION COMMITTEE MEETING FWCP - Chapter Six, Capital Fxilities 6.4 Community Facilities Significant community investments have been made in the last 10 years to implement the community's vision for Federal Way. In addition to the investments in the surface water, transportation, and parks areas, the City also acquired and improved a basic set of community facilities to house City operations and provide space for community gatherings and recreation. The City acquired , Dumas Bay Centre (a conference and retreat facility) in 1993. Strong local support in community recreation and arts activities translated into the City Council's adoption of a 2% For the Arts ordinance to provide funding for arts in public places in 1994, and the construction of the 254-seat Knutzen Family Theatre in 1998. � City Hall, which consolidates most City administrative offices, D•�'�� Police, and the Municipal Court in one facility, was acquired in 2003. ^' �nnz Y• r� .„+., ,a:<,o�+oa ;+�o��,.�„�� , ---•� .-..+:,..,� ,.�rre...,e«i, r,...e� n,.,.i irrro� ., „t* The City began construction of a new 72,000 square foot Community Center in fall 2005. Construction was completed in early 2007. The facility houses Recreation and Cultural Services staff, and includes athletic and community facilities suitable for a wide variety of events and programs. -'',..° � �;';+� ...;" :�Y'.�� •'�° rrr �� a u ro�r°..�*__.._ �GG i a a ta • �nnc.,...� ,....- a �..,,.v ,....;i�.i.e „o an«o.. ,. e va -ri..� rr ro � -- ---- ---- --- -- -- ----- ---'--- ---- ----- --- � • ' F,.'1'♦ '11 l, t ,1 + rL. L` .7 1 �I7.,.. Q,.l.,,,.i T;�+.-:,.* .,.1.,. ,. � rl.e..«,7e,-t..;,,,� � »...... .�... � Inventory of Existing Facilities As of January 2007, the City owns or occupies a number of facilities, as shown in Table VI-4 and Map VI-S. Projected Community Needs The City has identified a number of facilities to help deliver services more efficiently and adjust to the changing demographics of this community in the future. These projected needs are beyond the City's ability to fund within the six-year planning horizon. However, in order to keep the community's vision alive, we purposely did not exclude any of these community projects. The City Council will periodically review and prioritize these projects and provide funding when available. A description of these facilities with a summary list is provided in Table VI-5. Revised 2010. Communitv Facilities K:1Comprehensive PIan12010 Comprehensive Plan UpdatellUTC�Amended Ch� O6 Capital Facilita.dac VI-13 FWCP — Chapter Six, Capitai Facili6es Table VI-4 Summary of Existing Community Facilities Ba�ilciing Name �sed Use Sq. ft/Occa�pancy City Hall Own City operations not otherwise listed 88,085/approximately 300 FTE and Council Chamber Police Evidence �ettier•-�eH�e� Federal Way Community Center Steel Lake Annex Steel Lake Maintenance Shop Dumas Bay Center (DBC) Knutzen Family Theater (at DBC) Miscellaneous Outdoor Storage Own Police evidence room �-�ease� � �essec� Ge�ee� Own Community recreation center with gym, pools, senior lounge, pre-school, and educational classrooms and multipurpose room with kitchen. Recreation staff offices. Own Own Own C�I.R:�1 Daycare, arts and crafts programs Maintenance operations, outdoor equipment and material storage Public park, meeting/banqued overnight lodging 254 seats performing arts theatre and rehearsal hall 6,000/2 FTE 11,200/13 FTE, gym, kitchen, etc. 72,000/ 13 regular FTE and approximately 20 part-time temporary personnel Opened in 2007 1,161 /program only 4; t 10 office and maintenance bay/32 FTE approximately 90 sq ft storage yard and approximately additional 1.5 acres available for future expansion 6 meeting rooms, 70 overnight rooms, 12 acre park ground Leased Street maintenance material and park 10,000 material storage equipment storage 2,000 equipment storage Miscellaneous Indoor Leased Spare office equipmenUfacility 260 sf. ft. Storage parts/records 2,160 cubic ft boxes stored offsite in a document storage facility Table VI-S Projected Community Facility Needs 2007 — 2013 Type of Facility Year Size Cost (sfl (millions) .. , .. � �8 �6—� �� Performing Arts Centre 2015 i9}669��QQ � 2. eonfr�nC�t` � � � - --' +� ._�.._ o � _ _ _ _: +� � � �89�1 � S}-9 4. Public Parking Facilities 2010 200 — 400 $5 to $10 Revised , ' , ' 2010 Communitv F2cilities K:1Comprehensive PIan12010 Comprehensive Plan UpdatelLUTCIAmended Chap 06 Capital Facilites.doc VI-14 FWCP — Chapter Six, Capital Facilities �� TOTAL $l [�!-Sl 1.4 Municipal Facility (General Government Police, and Court Operations) The City acquired the current City Hall in 2003 and consolidated its police, court, and general governmental operations under one roof. About 10 percent or 8,000 of the total 88,500 square feet of space in this building is currently available for future expansions. In addition to the City Hall parcel, the City also acquired two vacant lots to the north which is the location of the Police Evidence facility and overflow parking for the City Hall/ Municipal Court. ._ ., _ „_ . - - - - �- - Pursuant to an interlocal a=reement the Cities of Auburn, Burien, Des Moines, Federal Way,_Renton SeaTac and Tukwila Washin�ton have agreed to jointiv develop, construct maintain and operate a consolidated correctional facilitv to be located in Des Moines Washin�ton to provide correctional services essential to the vreservation of the public health safetv and welfare serve for these cities. As gart of this asreement, an autonomous public a�ency was formed the South Correction Entitv (SCOREI with r�resentation from the cities of Auburn Burien Des Moines, Federal Wav, Renton, SeaTac and Tukwila Collectivelv the cities re�resent almost 340,000 citizens in South King County_ As a result of the shortage of jail beds Kin� County notified the cities in 2000 that thev would no longer be able to house misdemeanant inmates after 2012. Manv cities have contracted with other jail facilities in Eastern Washington to house inxnates as an interim measure However these contracts expire even sooner in 2010. While these contracts have provided short term relief for the jail crisis thev are not a long-term solution and additional canacitv must be built For example the SCORE cities are currently usin� approximatelv 350 jail beds everv dav However the Renton and Auburn jails can onlv house 100 inmates leavin� a need for an additional 250 beds. This is the current deficiencv. As the population in the re�ion expands the shortage of Lil beds will become even �reater. All of the King Count c�partic�ated in a lon�-term jail needs studv in 2006. This studv is known as the Ricci-Greene Study. The study suggested that two sub-re�ional jails be constructed The studv revealed that 1 440 beds would be needed bv all the cities bv 2026 Of the 1 440 beds 700 of them are needed in South Kin� Countv. After the Ricci-Greene Studv was completed the SCORE cities completed a senarate feasibilitv studv to determine if the cities could�,rovide equivalent j,ail services at a reduced cost. The feasibilitv studv revealed that SCORE could �rovide the same services at a reduced rate, benefiting the tax pavers of the SCORE citizens. Revised , ' , ' 2010. CommuniN Facili6es K:\Comprehensive PIan12010 Comprehensive Plan UpdatellUTCWmended Chap 06 Capitai Facilites.doc VI-15 FWCP — Chapter Six, Capital Facilities The $80.5 million facilitv will be a sin lg e-storv building with a housing mezzanine constructed on a sited owned b,y SCORE located in Des Moines, Washington. The facility will be approximately.137 000 square feet with associated parking and site improvements on a 15.613-acre collection of uarcels. The site is near Des Moines Creek Park where South 208"' Street intersects with 18` Avenue South. The facilitv is designed to house up to 822 inmates. There will be approximately 120 employees at the facility. The majority of those will be corrections officers, followed bv medical staff and__administrative nersonnel. Ownership and the financial commitment to SCORE are prorated based on the city's 2007 average dail�prisoner population—for Federal Way that is 69 operational beds, or l�ercent of the project. Maintenance Facility The Parks and Public Works maintenance facility is located at 31132 28 Avenue South. The entire site is approximately 1.4 acres, with 1,060 square feet of office space and a 61,000 square foot fenced storage yard. The City acquired two adjacent parcels, for a total of 2.25 acres, to the north of the facility in 2003. Today, the maintenance facility contains around 3,500 square feet of office space and 90,000 in fenced storage space, with an additional 1.5 acres of land area available for future expansions. Parks Maintenance operates seven days a week, two shifts per day. The space needed for the maintenance operations includes a front counter/reception area, crew quarters (including an area for daily time cards, breaks, and crew meetings/training, etc.), as well as a locker room. Public Works streets and surface water maintenance operations have similar needs for office space; operating Monday through Friday, year round, one shift per day. Both Parks and Public Works maintenance operations tend to intensify during the summer months and require up to 15 part-time, seasonal workers at any given time. ... ... . . � . . , ... . . ]Ll.....s�.........,. L'.....1.�.. D,...,..........,.,..,l,.s:,.,.. �� . s � �� _ Revised , 2010. Communitv Facilities K:1Camprehensive PIan12010 Comprehensive Plan UpdatelLUTCIAmended Chap O6 Capitai Facilites.doc VI-16 FWCP — Chapter Six, Capital F�ilities Conference/Performing Arts Center .., . . " .„ Y. _ _ �� - _ _ �1 _�� •�i - �� - - �� " _ " ' ' ' i � � � � � - " ' " " ♦ _ � i � � � � � � � � � � � _ � � � � - " " /i i � � � � � � Unlike other similar sized communities Federal Way does not have adequate performance space in its school svstem. Therefore, to grow fixrther and to better accommodate performance groups in the market, additional facilities would be consistent with what has occurred in other suburban communities of similar demo�raphics. In 2008 C.H. Johnson Consultin� Inc. (Johnson Consulting) in association with LMN Architects was retained bv the City of Federal Way to perform a feasibility analvsis addressin� a potential performin� arts center (PAC) and the redevelopment of the Dumas Ba�Centre. The City of Federal Wav seeks to build a performing arts center in its efforts to revitalize its city center. Revised 2010, Communitv Facili6es K:IComprehensive PIan12010 Comprehensive Plan UpdatelLUTCIAmended Chap 06 Capital Facilites.doc ��-1� FWCP - Chapter Six, Capital Facilities The proposed PAC would serve multiple purposes, including performance, lecture series, business conventions. visual arts exhibit space, and a space for events. The studv found that a 500 to 700 seat PAC can achieve competitive levels of demand. Further, if the PAC is combined with a balkoom/meeting room complex, PAC events can combine with ¢alas festivals and other�activities, making the project more practical and viable. If a hotel were attracted to this mix, an even more dYnamic venue would evolve and would add demonstrablv to the City's redevelopment efforts and the communitv's arts a e� nda• A PAC potentiall�vrovides the Citv of Federal Way with an increased performine arts presence that is estimated to draw a larse ponulation of residents and visitors. A PAC would draw an estimated 34 productions that would draw a total of 71,900 people. The development costs associated with this proiect are estimated to cost $40.7 million. A new conference center located in downtown Federal Way has the abilitv to enrich the City's PAC identitv and increase visitors throu�h increased attendees in the area. Also, a conference center could contribute to attractin� a connectin� or nearbv hotel to the area. The conference center has a projected demand of 240 events and 280 event davs, which will brin� an estimated 135.000 additional visitors to the conference center. The facilitv is estimated to cost $29.1 million. What initiallv be�an as a feasibilitv studv for a performing arts center evolved into a provosal for mixed-use development, includin�; the following proposed facilitv tvt�es: • PerforminQ Arts Center; � Conference Center; • Hotel; and • Parking Structure As discovered in the market analysis demand exists for a conference center that could share a site with a PAC. Emphasis is placed on the two signature components, the conference center and the PAC, as shown in the detail provided for those pro�?rams. The hotel is included as a suggestion for possible future development and sunport of the center. Calculations and consideration for structured parking is included. Based on the findin�s of the market analvsis, and pursuant to discussions with the Citv of Federal Wav and several communitv interest gr�ps, the followin�in pro�rammatic elements and �reliminarv space allocations were established for the PAC: • Front of House: lobby, natron, and administrative support space • Auditorium: 700 seat theatre • Back of House: performance support space eguipped to accommodate a resident company The total space needed for a PAC is 4� is �nroximatelv 43.000 sau�re feet. Revised , 2010. Communitv Facili6es K:IComprehensive PIan12010 Comprehensive Plan UpdatelLUTCV�mended Chap O6 Capital Facilites.doc VI-18 FWCP — Chapter Six, Capital Facilities The market analysis findings conclude that a mid-size conference center would be an excellent complement to the PAC It is proposed that the conference center include the followingprincipal functional areas: • Ballroom: 12,000 square feet • Meetin� Rooms: 10,000 square feet The market anal si�ggests that a three star 300 room hotel might also be an important additional facilitv to support the conference center in a mixed use development. It is suggested that the hotel be funded through private development. Projected parkin sg tall quantities presented in the Johnson Consultin�report were calculated based on industry standards for broad planning purposes pendin� ap.,reement for site develo�ment with a ig ven jurisdiction. Conference Center: • 22,000 square feet of ballroom and meetin r� ooms 10 square feet per person 3 people per vehicle ........................................approximately 700 parking stalls Performing Arts Center: • 700 seats . 3.5 people per vehicle ..........................approximatelY200 parkin� stalls Hotel: • 300 rooms • 0.6 vehicles per room .....................................approximate1�180 parking stalls Based on these numbers totalparking need comes to approximatel 1�,08_0 parking �aces. Simultaneous facilitv activities suggest that �arkin� will not be required for everv attendee• therefore the number is reduced by roughlY30 percent to arrive at a final number of 750 parking stalls for a mixed use development. Parking cost estimate numbers are based on a below grade structure. Performing Arts Center: Capacity: 700 seats, 43,000 SF Construction Cost: $22,350,000 Escalation: $4,769,043 Total Construction Cost: $27,119,043 Soft Costs (50 percent): $13,559,522 Total Project Cost: $40,678,565 The above PAC cost is based on a buildin�space propram for a 700 seat theatre. The studv also considered a 500 seat theatre• the cost of which can be calculated as a 20 Revised , 2010. Communilv Facilities K:1Comprehensive PIan12010 Comprehensive Plan UpdatelLUTCWmended Chap O6 Capital Facilites.dac VI-19 FWCP - Chapter Six, Capital Facilities percent reduction of the above The level of construction qualitv reflected in this estimate is similar to that of McInt�re Hall in Ska�it Countv. Conference Center: Kev Function Space: • 12,000 square foot ballroom; • 10,000 square feet of ineetinQ rooms Construction Cost: $16,000,000 Escalation: $3,414,080 Total Construction Cost: $19,414,080 Soft Costs (50 percent�: $9,707,040 Total Project Cost: $29,121,120 Note: A combined PAC and Conference Center would experience benefits in terms of shared operatin costs but would not see significant savin�s in initial construction first costs. Parking�Structured, Underground): Construction Cost: $28,016,000 Escalation: $5,978,054 Total Construction Cost: $33,994,054 Soft Costs (20percent): $6,798,810 Total Project Cost $40,792,864 Multipurpose Competitive Sports Center The City of Federal Way enacted a� one percent lodging tax and formed the Lodging Tax Advisory Committee (LTAC) in 1999 to promote and enhance the local tourism industry. The committee has commissioned a feasibility study for an indoor competitive sports facility that will increase visitors' stay in local hotels and complement the Aquatic Center and Celebration Park, two other regionaUnational amateur sports facilities in the City. A number of development concepts have been considered, one of which is a facility for basketball and volleyball tournaments with an athletic club for training/conditioning to generate on-going usage and revenue. One of the considerations for such a facility would be its ability to be financially self-sustaining. It would also ideally be developed and operated by the private sector, with minimum or no public participation. �'°�-� ° °�°-� �-�- ° A�*° �'�°:�:�-. A°�°-�--�-°°�°�°°� Competitive Sports Center • 75,000 square foot facility • Five-acre site •�A—�� 60 million development and construction only, to be funded by private developer Revised 2010 Communitv Facilities K:1Comprehensive PIan�2�1� Comprehensive Plan UpdatelLUTC�Amended Chap O6 Capital Facilites.doc ��-� FWCP — Chapter Six, Capital Facilities Public Parking Facility The existing city center development is currently near or at capacity with the required surface parking to business-space ratio. To intensify the development, such as the multi- story mixed-use developments envisioned by the community, additional parking space will be needed. These additional parking spaces would most likely be achieved through structured parking, consistent with the multi-story mixed-use business space. These structured parking facilities are likely needed in order for each of the super-blocks to regain grounds for redevelopment. With the construction cost of structured parking at a premium when compared to land cost, some public/private partnership would likely be needed for them to be financially feasible. The partnership may be in various forms, but the essence is consistent that public funds are invested to secure certain amount of parking spaces in an otherwise private-business parking facility. Public Parking Faci[ity Recommendation 200 to 400 designated public parking spaces in conjunction with privately developed parking structures for redevelopment projects located within the City Center. Between $5 —$10 million total. Investments will vary depending on the need and type of redevelopment projects at each location. City funding sources would be a combination of the City's economic development incentive fund and other state and federal economic development, and/or infrastructure funding sources. Financing Plan It is desirable to have all theses facilities in the community as soon as possible. However, unless they are funded with private or voter-approved funding sources, the City's projected revenues will not support either the development or the required operating and on-going maintenance of these facilities. Future facility additions would depend on future voter approval to raise additional capital and maintenance funds. The City updates its capital improvements program every other year in conjunction with its biennial budget process. These updates will reflect new project priorities and funding availability. Revised 2010. Communitv Facilities K:1Comprehensive PIan12010 Comprehensive Plan UpdatelLUTCWmended Chap 06 Capital Facilites.doc VI-21 COUNCIL MEETING DATE: J,�m��l �_� ....................._.............._................._ITEM #: `� �. _......_._ ..................._............ ......_..........._. . ._ .. ......._..___......_._..............._._.......................... ... .s..��.�`i-�....).�j.,_._2....D_.... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ADDITIONAL UPDATE THE FEDERAL WAY REVISED CODE TO REFERENCE THE MAYOR POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED ORDINANCE TO ADDRESS ADDITIONAL AREAS IN THE FEDERAL WAY REVISE CODE TO REFLERENCE THE MAYOR INSTEAD OF CITY MANAGER? COMMITTEE N/A CATEGORY: ❑ Consent ❑ City Council Business /� � Ordinance Resolution MEETING DATE: ❑ Public Hearing ❑ Other STAFF REPORT BY: Patricia Richardson City Attorne� __ ___ DEPT: Law _..._._.._ .........................._....._.................._..........................._......_...._._........._...._....._................._..._.............._..._z................. .................._...................._ ----._............----...................._..._......_....__....._......_....._......__...._._.._......................_........---...__.._.....__...... Attachments: In 2010 the City Council approved Ordinance Numbers 10-661 (animal services); 10-666 (departments); and 10-669 (replace "city manager" with "mayor"). The proposed ordinance addesses those specific sections whereby the term "city manager" has not been changed. The intent of the proposed ordinance is housekeeping to replace references to city manager with mayor. A paragraph has also been added that to authorize the City Clerk to change other non-substantive references in the Code from city manager to mayor. Options Considered: 1. Approve the proposed housekeeping ordinance to the Federal Way Revised Code, which replaces city manager with mayor. 2. Modify the proposed housekeeping ordinance to the Federal Way Revised _Code,_which ........................................._...................._. _._. _._._._........._........._.........._...............---._..... MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: _ j� _��G�` DIRECTOR APPROVAL: � Y�t Committee ` Co�ncil Committee COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (DATE) I move to adopt the proposed housekeeping ordinance and place it on the January 18, 2011 City Council meeting for second reading and enactment. 2" READING OF ORDINANCE (CONSENT AGENDA DATE): " move approval of the housekeeping ordinance revising the Federal Way Revised Code to replace ciry manager references with mayor. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # � ❑ DENIED lsT reading � - "' ❑, TABLED/DEFERRED/NO ACTION Enactment reading �y� MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 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 1.20.020; 2.23.030; 2.29.040; 3.10.060; 3.10.130; 3.35.050; 3.50.370; 8.15.010; 8.15.060; 9.18.120; 12.40.250; 19.60.060; 19.80.250; 19.80.260; 19.91.120 (Amending Ordinance Nos. 89-06; 89-08; 90-43; 91-88; 95- 257; 95-230; 96-262; 97-291; 99-337; 99-339; 01-393; 02-426; 07-572; 09-593; 09-594; 09-627; 09-639; 10-661; and 10-666) WHEREAS, the Federal Way City Council enacted Ordinance Numbers 10-661 (create animal services); 10-666 (create the organizational structure); and 10-666 (update the Federal Way Revised Code to delete references to City Manage); and WHEREAS, certain sections of each ordinance inadvertently still refer to the City Manager instead of the Mayor now that the Mayor-Council form of government is effective; and WHEREAS, the Federal Way Revised Code should be modified to delete any remaining references to the city manager as that position no longer exists. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 1.20.020 regarding claims against the City is hereby amended to read as follows: 1.20.020 Distribution, review of claim. Once the claim is properly filed with the city clerk, it shall be distributed to the s+t� �a�eFMavor, appropriate department directors and the city attorney. As necessary, the city attorney shall coordinate further distribution and review. Section 2. FWRC 2.23.030 is hereby amended to read as follows: 2.23.030 City attorney — Duties. The city attorney shall be responsible for directing and coordinating comprehensive legal services for the city; providing counsel to the sit�-�a�a�efMavor, council, staff, committees and commissions; supervising professional and administrative support legal staff; providing legal Ordinance No. 11- Page 1 of 10 Rev 1/10 advice to guide city policies, decisions and activities; representing the city and directing the representation of the city at various court levels and tribunals in criminal and civil litigation and in administrative hearings; drafting and interpreting city ordinances and resolutions; and negotiating real property acquisitions. Section 3. FWRC 2.29.040 regarding Municipal Court is hereby amended to read as follows: 2.29.040 Disposition of revenue. Costs in civil and criminal actions may be imposed as provided in district court in RCW 3.62.060 and 10.01.160 as they exist or as they may hereafter be amended. All fees, costs, fines, forfeitures and other money imposed by the municipal court for the violation of any city ordinances shall be collected by the court clerk, and, together with any revenues received by the clerk, shall be deposited with the city finance director, in conformance with procedures adopted by the ' Mavor or designee, or state law. These funds shall be retained or disbursed pursuant to city ordinances or policies and state law, such as RCW 3.50.100. Section 4. FWRC 3.10.060 regarding utility tax is hereby amended to read as follows: 3.10.060 Cellular telephone service — Income allocation and administration. (1) Allocation of income. (a) Service address. Payments by a customer for cellular telephone service from telephones without a fixed location shall be allocated among taxing jurisdictions to the location of the customer's principal service address during the period for which the tax applies. (b) Presumption. There is a presumption that the service address a customer supplies to the taxpayer is current and accurate, unless the taxpayer has actual knowledge to the contrary. (c) Roaming. When the cellular telephone service is provided while a subscriber is roaming outside the subscriber's normal cellular network area, the gross income shall be assigned consistent with the taxpayer's accounting system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call. (2) Authority of administrator. The �a�Mavor or his or her designee is authorized to represent the city in negotiations with other cities for the proper allocation of cellular telephone service taxes imposed pursuant to this chapter. Section 5. FWRC 3.10.130 regarding utility tax is hereby amended to read as follows: 3.10.130 Applications and returns confidential. The applications, statements or returns made to the designated official pursuant to this chapter shall not be made public, nor shall they be subject to the inspection of any person except the mayor, �agefMayor, city attorney, designated o�cial or authorized agent and to members of the city council; and it is unlawful for any person to make public or inform any other person as to the contents of or any information contained in or to permit inspection of any application or return; provided, however, that the foregoing shall not be construed to prohibit the designated official from making known or revealing names, addresses and telephone numbers of utilities operating within the city, facts or information contained in any return to any taxpayer or disclosed in any investigation or examination of the taxpayer's books or records to the State Ordinance No. 11- Page 2 of 10 Rev 1/10 Department of Revenue, for officia► purposes, but only if the statutes of the state grant substantially similar privileges to the proper officers of the city. Section 6. FWRC 3.35.050 regarding sales and use t�es hereby amended to read as follows: 3.35.050 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 s+� �age�Mayor is authorized to enter into an agreement with the Department of Revenue for the administration of the tax. Section 7. FWRC 3.50.370 regarding funds is hereby amended to read as follows: 3.50.370 Interfund loan — Procedures. The following procedures shall be used for the establishment and accounting of all interfund loans made pursuant to this chapter: (1) The �ageFMayor or his or her designee shall approve all interFund loans and provide in the written authorization a planned schedule of repayment of the loan principal and shall set a reasonable rate of interest, based upon the external rate available to the city, to be paid to the lending fund. (2) Interest shall be charged in all cases unless: (a) The borrowing fund has no independent source of revenue other than the lending fund; (b) The borrowing fund is normally funded by the lending fund; or (c) The lending fund is the general fund, which, being unrestricted can loan interest- free, except to a proprietary fund. (3) The borrowing fund must anticipate sufficient revenues to be in a position over the period of the loan to make the specified principal and interest payments as required in the authorizing ordinance. (4) The term of loan should whenever practicable be restricted to a period of one year, but in no case shall the term of loan exceed three years, except for those funds which are legally permitted to support one another through appropriations, transfers, advances, etc. (5) Only that portion of a given fund which, in the prudent management of municipal finances as determined by the �a�e�Mavor, is clearly inactive or in excess of current needs may be loaned to other municipal funds or invested. (6) Appropriate accounting records shall be maintained to reflect the balances of loans payable and receivable in every fund affected by such transactions. Section 8. FWRC 8.15.010 regarding impounding vehicles is hereby amended to read as follows: 8.15.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020. "Authorization" means a notarized statement from a person with legal authority giving another person legal authority to act on his or her behalf. Ordinance No. I1- Page 3 of 10 Rev 1/10 "Costs of impoundmenY' means the costs of removal, towing and storage incurred by a registered tow truck operator in impounding a vehicle as provided for herein. "Court" means the Federal Way municipal court. "Department" means the Federal Way police department. "Director" means the director of the Federal Way police department. "DWLS 1" means RCW 46.20.342(1)(a). "DWLS 2" means RCW 46.20.342(1)(b). "DWLS 3" means RCW 46.20.342(1)(c). "Local ordinance" means any ordinance or statute enacted by any town, city, municipality or county regardless of what state the ordinance or statute is enacted in. "NVOL/No valid operato�'s license" means RCW 46.20.005. "Penalties, fines, and forfeitures" mean monetary obligations in addition to costs of removal, towing and storage of the vehicle (RCW 46.55.110). "Registered tow truck operator" means the towing company awarded the contract for performance of impounds pursuant to FWRC 8.15.090(1), if the �a�Mavor exercises his or her option to seek bidders for an exclusive towing contract, or any towing company which the director requests pursuant to FWRC 8.15.090(2) to tow and impound vehicles. Section 9. FWRC 8.15.060 regarding impounding vehicles is hereby amended to read as follows: 8.15.060 Hearing requests. Any person seeking to redeem a vehicle impounded as a result of a parking citation, traffic citation, or pursuant to FWRC 8.15.020 has a right to a hearing before a municipal court commissioner to contest the validity of an impoundment or the amount of removal, towing, and storage charges and any administrative fee if such request is made in writing, in a form approved by the � Mavor and signed by such person, and received by the municipal court within 10 days (including Saturdays, Sundays, and holidays) of the date the notice was given to such person by the person impounding the vehicle or if the person seeking to contest the impound validity was not the driver, within 10 days (including Saturdays, Sundays and holidays) of the date the notice was mailed by the registered tow truck operator pursuant to RCW 46.55.120(2)(a). Such hearing shall be provided as follows: (1) If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under FWRC 8.15.020, have been satisfied, then the impounded vehicle shall be released immediately, and a hearing as provided for in FWRC 8.15.040 shall be held within 90 days of the written request for hearing. Any delay attributable to the person requesting the hearing, including but not limited to continuances of the hearing date, shall be excluded from the 90-day period. (2) If not all the requirements to redeem the vehicle, including expiration of any period of impoundment under FWRC 8.15.020, have been satisfied, then the impounded vehicle shall not be released until after the hearing provided pursuant to FWRC 8.15.040, which shall be held within two business days (excluding Saturdays, Sundays and holidays) of the written request to the municipal court for the hearing unless good cause as to the reason(s) for any delay is shown. Any delay attributable to the person requesting the hearing, including but not limited to continuances of the hearing date, shall be excluded from the two-day period. (3) Any person seeking a hearing who has failed to request such hearing within the time specified in FWRC 8.15.040 may petition the municipal court commissioner for an extension of Ordinance No. 11- Page 4 of 10 Rev 1/10 time to file such a request for hearing. Such extension shall only be granted upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For the purposes of this section, "good cause" shall be defined as circumstances beyond the control of the person seeking the hearing. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this title. (4) If a person fails to file a timely request for hearing and no extension to file such a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment and administrative fees are deemed to be proper, and the city shall not be liable for removal, towing, and storage charges arising from the impoundment. (5) In accordance with RCW 46.55.240(1)(d), a decision made by a municipal court commissioner may be appealed to the municipal court judge for final judgment. The hearing on the appeal under this subsection shall be de novo. A person appealing such a decision must file a request for an appeal within 15 days after the date of the decision of the municipal court commissioner and must pay a filing fee in the same amount required for the filing of a suit in district court. If a person fails to file a request for an appeal within the time specified by this section or does not pay the filing fee, the right to appeal is waived and the municipal court commissioner's decision is final. Section 10. FWRC 9.18.120 regarding animal services is hereby amended to read as follows: 9.18.120 Rabies control. (1) It is unlawful for the owner of an animal, when notified that such animal has bitten a person or has injured a person as to cause an abrasion of the skin, to sell, give away, or permit or allow such animal to be taken beyond the limits of the city, except to a veterinary hospital, but it shall be the duty of such owner upon receiving notice of the occurrence of such bite or abrasion to immediately place such animal in a duly licensed veterinary hospital for at least 15 days or to deliver such animal to the police department or their agent for such placement; provided, upon authorization of a licensed veterinarian, such animal may be released to the custody of its owner or keeper upon the owner or keeper's undertaking to keep the same securely chained and confined to the premises of the owner or keeper and segregated from other animals during such observation period. A member of the police department or agent thereof receiving such animal shall immediately convey the animal to a veterinary hospital where such animal shall be securely confined for a period of at least 15 days. In case such animal is delivered to a veterinary hospital by the owner or keeper, the owner or keeper shall immediately furnish notice thereof to the chief of police. A veterinary hospital, upon the receipt of such animal, shall submit to the chief of police a certificate stating that the animal either: (a) Shows no symptoms of rabies; or (b) Shows symptoms of rabies. At the expiration of the 15-day period of confinement and upon release of such animal because not rabid, a veterinary hospital shall submit to the chief of police a second certificate stating that the animal has been found not to be rabid and has been released. A licensed veterinarian releasing such animal to its owner or keeper for confinement during the observation period shall at the end of the 15-day period submit a report to the chief of police as to the condition of such animal. (2) Costs of maintaining an animal in a veterinary hospital shall be paid by the owner. Ordinance No. 11- Page S of 10 Rev 1/10 (3) If a fierce, dangerous, or vicious animal cannot be safely taken up and impounded, such animal may be euthanized by the police department or any of its officers or agents. (4) In cases where an animal that has bitten a person or caused an abrasion of the skin is euthanized by an officer, and a period of less than 15 days has elapsed since the day the animal bit a person or caused an abrasion of the skin of a person, it is the duty of the chief of police or his authorized agent to deliver the brain of such animal to the laboratory of the State Department of Health. (5) Whenever rabies among dogs becomes prevalent in western Washington, the county or in the city, or whenever western Washington, the county or the city are declared to be under a rabies quarantine, the s�a�e�Mavor may order every dog within the city inoculated, may order al! dogs muzzled unless confined within a pen, and may make such other orders as may be necessitated to protect the public from this health hazard. During the time such orders are in force, the chief of police and his officers may be ordered by the s+�y-�a�ageFMavor to euthanize dogs found running at large. (6) For the purposes of this section, a King County animal control center and the Pierce County Humane Society qualify as duly licensed veterinary hospitals. Section 11. FWRC 12.40.250 regarding bathhouse licenses is hereby amended to read as follows: 12.40.250 Standards of conduct/operation. (1) Owner/managerrequirements. The following standards of conduct and operation shall be adhered to by the owner, proprietor, manager, attendant, or person in charge of any public bathhouse: (a) Any person who is employed to be a bath attendant must be at least 18 years of age. (b) Public bathhouses must have a manager on the premises at all times during the hours open for business and/or during the presence of patrons. (c) Any person who is employed by a public bathhouse must present documentation that he or she has attained the age of 18 years when an inspection pursuant to this title is conducted. Proper documentation shall be as described in FWRC 12.40.100(2)(c). (d} Provide that all doors in such premises, excluding doors in the office and storage rooms, unless such doors provide access to service areas, are so equipped that they may not be fastened shut so as to prevent reasonable access by such authorities who announce their authority to enter prior to inspection. (2) All licenses. The following standards of conduct and operation shall be adhered to by all licensees: (a) All licensees shall comply with all applicable federal, state and local laws, including all safety and sanitation requirements and the city's building, fire and zoning codes; (b) All licensees shall allow any police officer, the �ar�a�Mayor or his or her designee, or a representative from the Seattle-King County health department or the Federal Way fire department entry to the premises during the hours the public bathhouse is open for business, upon presentation of proper identification, for purposes of inspecting the premises; (c) Maintain business receipts showing the date of service(s) given, the type of service(s) rendered and the name and city license number of the employee rendering the service(s). These business receipts shall be retained for a period of three years after the date of Ordinance No. I 1- Page 6 of 10 Rev 1/10 the service(s), and shall be open to inspection by the city clerk and the Federal Way police department; (d) Post in a prominent place a list of all services offered with a brief description of what the service entails along with the costs of such service(s). All business transactions with the customers must be conducted in accordance with the said posted list; and (e) Not distribute or consume any alcoholic beverages and/or controlled substances on licensed premises. (3) Minors. It shall be unlawful for the owner, manager, or bathhouse attendant or any employee or agent to admit anyone under the age of 18 years of age and permit them to remain in or about such premises, unless such person is accompanied by or presents the written consent of his or her parent or legal guardian. (4) Prostitution. It shall be unlawful for any owner, manager, bathhouse attendant or any employee or agent to knowingly harbor, admit, receive or permit to be or remain in or about such premises any prostitute or any person under the influence of any narcotic or dangerous drug or to perform or allow to be perFormed any act, massage or manipulation in which contact is made with another's genital areas either by hand, body or by any mechanical device or object, whether it is covered or uncovered, clothed or unclothed, in whole or in part. (5) Clothing required. It shall be un►awful for any owner, manager, bathhouse attendant or any employee or agent to disrobe or be partially disrobed in the presence of another, other than his or her spouse, while in any facility defined in this title. (6) Supervision — Inspection. The owner or manager shall have the premises supervised at all times when open for business. Rooms and stalls used for the purpose of massage or where an attendant is provided or present shall be constructed in such a manner as to permit inspection. Section 12. FWRC 19.60.060 regarding site plan review is hereby amended to read as follows: 19.60.060 Administrative guidelines. The �a�e�Mayor is authorized to adopt administrative guidelines to implement the provisions of this chapter. These administrative guidelines will be used in the site plan 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. Section 13. FWRC 19.80.250 regarding Council rezones is hereby amended to read as follows: 19.80.250 Planning commission — Report to city council. (1) Generally. The director shall prepare a planning commission report on the proposal containing a copy of the proposal, along with any explanatory information, and the planning commission recommendation, if any, on the proposal. (2) Transmittal to city council. The director shall transmit the planning commission report to the � Mavor for consideration by city council. (3) Distribution. The director shall promptly send a copy of the planning commission report to any person requesting it. Ordinance No. 11- Page 7 of 10 Rev 1/10 Section 14. FWRC 19.80.260 regarding Council rezones is hereby amended to read as follows: 19.80.260 City council action. (1) General. Within 90 days of receipt of the planning commission report by the si#� �eFMavor, the city council shall consider the proposal along with a draft ordinance prepared by the city attorney. (2) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria listed in the provisions of this title describing the proposal. (3) City council action. After consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership: (a) Approve the proposal by adopting an appropriate ordinance; (b) Modify and approve the proposal by adopting an appropriate ordinance. If the council chooses to modify an amendment to the comprehensive plan or a development regulation, and the change is proposed after the opportunity for review and comment has passed, an opportunity for review and comment on the proposed change shall be provided before council on the proposed change unless: (i) An environmental impact statement has been prepared for the pending resolution or ordinance and the proposed change is within the range of alternatives considered in the environmental impact statement; (ii) The proposed change is within the scope of the alternatives available for public comment; (iii) The proposed change only corrects typographical errors, corrects cross- references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect; (iv) The proposed change is to a resolution or ordinance making a capital budget decision that is consistent with the comprehensive plan; or (v) The proposed change is to a resolution or ordinance enacting a moratorium or interim control and the council schedules a public hearing on the adopted moratorium or interim control within at least 60 days of its adoption, and the council adopts findings of fact before or immediately after this public hearing; (c) Disapprove the proposal by resolution; or (d) Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the time within which the planning commission shall report back to the city council on the proposal. (e) If the city council determines that a development agreement should be prepared for a site-specific request, the city council shall recommend further analysis based on Chapter 19.85 FWRC, Development Agreements. Section 15. FWRC 19.91.120 regarding transportation impact fees is hereby amended to read as follows: 19.91.120 Authorization for interlocal agreement. The �a�Mayor is authorized to execute, on behalf of the city, an interlocal agreement with other agencies having authority over transportation facilities to identify impacts Ordinance No. 11- Page 8 of ]0 Rev 1/10 and provide mitigation for those impacts. In no case shall mitigation payments to the city be reduced to account for mitigation payments to other jurisdictions. Section 16. Housekee�i� Adjustments. The City Clerk is authorized to replace the term "city manager" with "mayor" in other sections of the Federal Way Revised Code that have not been specifically identified as a housekeeping measure. Section 17. 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 18. 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 19. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 20. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. Ordinance No. 11- Page 9 of 10 Rev 1/10 PASSED by the City Council of the City of Federal Way this day of 2011. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST 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�201 I\Code Update-CM to Mayor Ordinance No. 11- Page 10 of 10 Rev 1/10