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Council PKT 02-15-2011 RegularCITY OP , '�.,�.�,�.., Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall February 15, 2011 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Proclamation: One Day Federal Way — February 22" ... pg 3 b. LTAC Certificate of Appointment c. Arts Commission Certificates of Appointment d. Human Services Commission Certificate of Appointment e. Decatur High School Cheerleading Team — State Championship Winners f. 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 — February 1, 2011 Special and Regular Meetings ... pg 4 b. S 320th Street Overlay Reimbursement Contract with Quadrant Corporation ... pq �s c. Enterprise NTS —18th Ave SW & 20th Ave SW (South of SW 356th St to County Line) ... pg 30 d. Nautilus NTS — S 308th St (1 st Ave S to 4th PI S) ... pq 3a e. Parks Commission 2011 Work Plan ... pg 37 f. State of Washington, 62 Legislature House Bill #1445 and Senate Bill #5345 ... pq 39 The Council may add items and take action on items not listed on the agenda. 6. COUNCIL BUSINESS a. Memo of Understanding with Federal Way Lieutenants' Association ... pg 49 7. ORDINANCES First Reading a. CB#567 Amendments to FWRC Reqardinq Pawnbrokers and Secondhand Dealers ... py s2 An ordinance of the Cify Of Federal Way, Washington, relating to Pawnbrokers and Secondhand Dealers; amending FWRC 12.15.010, 12.15.140, 12.15.230, 12.15.290, 12.15.300 and adding a new section to 12.15.330. 8. COUNCIL REPORTS 9. MAYOR REPORT 10. EXECUTIVE SESSION • Potential Litigation pursuant to RCW 42.30.110(1)(i) 11. ADJOURNMENT The Council may add items and take action on items nof listed on the agenda. CITY OF ,'�. Federal Way Proclamation "One Day Federal Way" WHEREAS, Volunteering is a highly rewarding opportunity for both the volunteer and the community; and WHEREAS, it allows a person to give back to their community while enjoying a rewarding experience in exchange for their time; and WHEREAS, the community of Federal Way has exhibited a need for devoted service in a variety of areas; and WHEREAS, the citizens of Federal Way deserve recognition for their achievements in improving the community; and WHEREAS, we hope to improve the quality of life for a under-privileged demographic of the community; NOW, THEREFORE, we, the Federal Way City Council, do formally recognize that Tuesday, February 22, 2011, be declared to be "One Day Federal Way," an opportunity for the citizens of Federal Way to serve their community in a project, that joins together our great city in service. SIGNED this 15th day of February 2011 FEDERAL WAY CITY COUNCIL Skip Priest, Mayor Jeanne Burbidge, Councilmember Linda Kochmar, Councilmember Jim Ferrell, Councilmember Dini Duclos, Deputy Mayor Jack Dovey, Councilmember Mike Park, Councilmember Roger Freeman, Councilmember COUNCIL MEETING DATE: February 15, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: Sa SUB,TECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the February 1, 2011 Special and Regular Meetings? COMMITTEE: N/f1 CATEGORY: � Consent ❑ City Council Business � � Ordinance Resolution STAFF REPORT BY: Carol McNeilly City Clerk MEETING DATE: N/fl ❑ Public Hearing ❑ Other DEPT: Human Resources Attachments: Draft meeting minutes from the February l, 2011 Special and Regular Meetings. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION Staff recommends approving the minutes as presented. CITY CLERK APPROVAL N/A DIRECTOR APPROVAL N/A N/A • Committee Council Conunittee Council COMMITTEE RECOMMENDATION: N/f1 PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (or�linances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # H CITY OP � Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall February 1, 2011 5:30 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Deputy Mayor Duclos called the meeting to order at 5:30 p.m. Councilmembers present: Deputy Mayor Dini Duclos, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman. Deputy Mayor Duclos excused Mayor Skip Priest. Councilmember Ferrell arrived at 5:42 p.m. Staff present: Assistant City Attorney Amy-Jo Pearsall, Assistant City Attorney Peter Beckwith and City Clerk Carol McNeilly. 2. COMMISSION INTERVIEWS • Arts Commission The Council interviewed four applicants for the Arts Commission. • Lodging Tax Advisory Committee The Council interviewed one applicant for the Lodging Tax Advisory Committee. 3. EXECUTIVE SESSION Deputy Mayor Duclos stated the Council was adjourning to Executive Session to discuss the sale of property pursuant to RCW 42.30.110(1)(c). The Council will not be discussing Collective Bargaining as previously planned for this session. The Council adjourned to executive session at 6:40 p.m. for approximately 20 minutes. The Council adjourned from executive session at 6:58 p.m. City Council Minutes — February 1, 2011 Special Meeting Page 1 of 2 rn 4. ADJOURNMENT Deputy Mayor Duclos adjourned the meeting at 6:59 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: Ciry Council Minutes — February 1, 2011 Special Meeting Page 2 of 2 GITY OF , �.., Federai Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall February 1, 2011 - 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Deputy Mayor Duclos calied the meeting to order at 7:03 p.m. Councilmembers present: Deputy Mayor Dini Duclos, Councilmember Jim Ferrell,Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman. Deputy Mayor Duclos excused Mayor Skip Priest. Staff present: Assistant City Attorney Amy-Jo Pearsall, Assistant City Attorney Peter Beckwith and City Clerk Carol McNeilly 2. PLEDGE OF ALLEGIANCE Joy Marsh led the pledge of allegiance. 3. PRESENTATIONS a. Levv and Tax Rates Finance Director Tho Kraus gave a brief presentation on the City's levy and tax rates. Sales, Property and Utility Tax provide for 61 % of the City's operating and capital bud�et. Federal Way collects less tax per person than 31 King County cities and only 6 cities collect less tax per person than Federal Way. The sales tax rate for the city is 9.5%, however, the city collects less than 1% of that tax. Sales tax collected is distributed to WA State, King County, Metro, RTA, KC Mental Heath and Criminal Justice funding. Ms. Kraus reviewed the tax levy and levy rate. The tax levy is the total amount of property taxes the city can collect. The levy rate is the charge per $1,000 of assessed value. Property tax collected is distributed to Schools, King County, WA State, Port/Library/Flood Districts, Fire/EMS and the City. The city's portion of property tax is 9.4% per dollar. b. Mavor Emerqinq Issues / Introduction of New Emplovees Deputy Mayor Duclos stated there were no new employee introductions. Economic and Community Development Director Patrick Doherty stated Twin Development did not make their payment that was due on January 31, 2011; therefore, the City does not have an active purchase and sale agreement with them for the development of the former AMC Theatre site. City Council Minutes — February 1, 2011 Regular Meeting Page 1 of 6 4. CITIZEN COMMENT Norma Blanchard commented on the city's purchase of the former Toys R Us site. She also asked the council to consider having term limits for the Council. She asked who verifies signatures on initiative petitions. Donald Barovic distributed photos of coyotes on his property for the Council to view. He is happy to report that he has not lost any livestock recently. He is concerned for the well-being of a tree and asked the City to consider the tree being under the some sort of protection. Bettv Tavlor commented on the need for a citizens police review board in Federal way. Tim Burns commented on the need for a senior center for Federal Way residents. 5. CONSENT AGENDA Items listed below have been previously reviewed in their enfirety 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 18, 2011 Special and Regular Meeting, January 22, 2011 Special Meeting APPROVED b. Vouchers APPROVED c. Renewal of Microsoft Enterprise Agreement APPROVED d. Amendment to Fiber Consortium Interlocal Agreement APPROVED e. Purchase of Police Vehicle Laptops APPROVED � D nh cc i+f Dnli \/ohii+lo 47�rli�� g. Lodging Tax Advisory Committee 2011-12 Work Plan and Budget APPROVED i. Amendment to the Lease Agreement for City Premises on a Portion of Milton Road South APPROVED j. Stormwater Video Inspection System- Request for Quote APPROVED • C��nforennc �en4or MOTION: Councilmember Kochmar moved approval of the consent agenda items. Councilmember Park second. Councilmember Park pulled items 5f and 5k. Councilmember Kochmar pulled item 5h. VOTE: Consent Agenda Item 5a, 5b, 5c, 5d, 5e, 5g, 5i, and 5j were approved 7-0. City Council Minutes — February 1, 2011 Regular Meeting Page 2 of 6 Consent item 5(f)/Purchase of Police Vehicle Radios — referred back to Committee MOTION: Councilmember Park moved to refer this item back to the Finance Economic Development Regional Affairs Committee for additional deliberations; Councilmember povey second. VOTE: Motion carried 7-0. Consent Item 5(h)/Proposed Utility Easement within Celebration Park Access Road Councilmember Kochmar stated she needed to recuse herself from this item. MOTION: Councilmember Ferrell moved approval; Councilmember Burbidge second. VOTE: Motion carried 6-0, Councilmember Kochmar recused. Consent Item 5(k)/ Fundinq the desiqn and development costs of the Civic Center — Performinq Arts/Conference Center Administrative Services Director Enge stated this item will appropriate money to move forward with the design of the Civic Center - Performing Arts/Conference Center. After this funding request, the downtown re-development fund will have approximately 2 million dollars in the fund. MOTION: Councilmember Park moved approval of the funding of the Civic Center— Performing Arts/Conference Center schematic design, planning and development cost by transferring $750,000 from the Downtown Redevelopment Fund (301) to the City Facilities Fund-Civic Center Account (302), in accord with Resolution No. 10- 573; Councilmember povey second. VOTE: Motion carried 6-1, Councilmember Ferrell dissenting. 6. COUNCIL BUSINESS a. Mitchell Veeder Devnaka Quasi Judicial Rezone Decision Assistant City Attorney Amy-Jo Pearsall stated Joseph Mitchell, Kurt Veeder and Kim Deynaka applied for a quasi-judicial non-project related rezone of their properties from RS 9.69 single-family zoning to RS 7.2 single-family zoning. On July 22, 2010, the Hearing Examiner held a Public Hearing concerning their request. At the hearing, staff presented a recommendation to grant the rezone request, and several members of the public testified in favor of denying the rezone request. On August 6, 2010, the Hearing Examiner issued a decision that recommended denial of the rezone request. The City Council held a meeting on January 18, 2011 to consider the record, hear presentations from city staff and the applicants and public comments. After deliberating, the Council concurred with the Hearing Examiners recommendation to deny the rezone request. FWRC 19.75.140(5)(b)(ii) requires that Council give effect to a decision to deny the rezone request by adopting a resolution. MOTION: Councilmember Kochmar moved approval of the proposed resolution to deny the Mitchell, Veeder, Dynaka Quasi-Judicial Non-Project Related Re-Zone Request; Councilmember Freeman second. VOTE: Motion carried 7-0. Resolution No. 11-601. b. Council Rules Amendment on Rule 2 2(8) — Veto Timeline Assistant City Attorney Peter Beckwith stated that at the January 4, 2011 City Council meeting the Mayor and Council indicated they wanted the veto timeline to provide the City Council Minutes — February 1, 2011 Regular Meeting Page 3 of 6 option of responding at the following City Council Meeting and the option to consider pubic comments that may occur when the ordinance is scheduled for second reading before the Mayor submits his written objections. Under the Mayor-Council form of government, final action of an ordinance can be when the Mayor signs the ordinance and the City Clerk attests the signature, or when the City Council votes in response to the Mayors written objections. Staff is proposing the following timeline and amendment to the Council Rules: The proposed timeline is as follows: 1. The Mayor submits written objections to the City Clerk and the City Council within ten days. 2. At the next City Council meeting, the City Clerk will read the objections into the record. 3. The City Council has the option of voting at the Council meeting or placing the matter on the following City Council meeting. 4. The City Clerk will publish the ordinance, which established the effective date, after the final action. MOTION: Councilmember Park moved approval; Councilmember Burbidge second. VOTE: Motion carried 7-0. c. Arts Commission Appointments MOTION: Councilmember Burbidge moved to re-appoint Bruce Lee and Carol Clemens to the Arts Commission with terms expiring December 31, 2013; appoint Cynthia Pienett to Position 1 with an unexpired term of December 31, 2011; appoint Frances Tanner to Position 6 with an unexpired term of December 31, 2012; and further moved to appoint Cathy Biddy and Katherine Olson as alternates. Councilmember Kochmar second. VOTE: Motion carried 7-0. d. Lodqinq Tax Advisorv Committee Appointments MOTION: Councilmember povey moved to appoint Ryan Miller to Position 7 of the Lodging Tax Advisory Committee with and unexpired term of October 31, 2012; Councilmember Park second. VOTE: Motion carried 7-0. e. Human Services Commission Appointments MOTION: Councilmember Burbidge moved to re-appoint Carol Peterson to Position 9 with a term expiring January 31, 2014; and appoint Kathy Scanlon to Position 8 with a term expiring January 31, 2014; Councilmember Kochmar second. VOTE: Motion carried 7-0. City Council Minutes — February 1, 2011 Regular Meeting Page 4 of 6 7. ORDINANCES First Reading and Enactment a. CB566� Clarifvinq Utilitv Tax Administrative Process Approved Ordinance No. 11-685 An ordinance of the City of Federal Way, Washington relating to clarifying utility tax adminisfrative process; amending FWRC 3.10.160 and 3.10.190 Assistant City Attorney Peter Beckwith stated the proposed ordinance codifies the information needed to process tax overpayments and creates appeal process specific to utility tax. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Burbidge moved to suspend the Council Rules to allow for first reading and enactment of the ordinance; Councilmember Park second. VOTE: Motion carried 7-0. MOTION: Councilmember Park moved to approve and adopt the proposed ordinance amending Federal Way Revised Code 3.10 to clarify the administrative process for utility taxes. Councilmember povey second. VOTE: Motion carried 7-0. 8. COUNCIL REPORTS Councilmember Ferrell reported that he, along with the Police Chief Wilson met with Senator Tracey Eide regarding precious metal legislation. He also reported the State of the City address was scheduled for tomorrow. Councilmember Kochmar reported on legislative efforts to preserve funding from the Triangle Project. She will be attending the next SCA Public Issues Committee on February 9, 2011. Councilmember Park reported February 3 was the Lunar New Year; it is the year of the rabbit. He stated the next FEDRAC Meeting is February 22, 2011. Councilmember Burbidge reported the next PRHSPS meeting is February 8, 2011. She reported on regional committee meetings she had attended, an upcoming PSRC Regional Transportation meeting and local art/performing events. Councilmember povey reported the Frank Sinatra performance at the Knutzen Family Theater is exceptional. Councilmember Freeman awarded Betty Taylor with the Martin Luther King Public Advocacy Award. Ms. Taylor thanked the Council and the community for her award. Deputy Mayor Duclos had no report. 9. MAYORS REPORT There was no mayoral report. City Council Minutes — February 1, 2011 Regular Meeting Page 5 of 6 10. EXECUTIVE SESSION canceled The Council did not adjourn to executive session. 11. ADJOURNMENT With not additional business before the Council, Deputy Mayor Duclos adjourned the meeting at 8:01 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — February 1, 2011 Regular Meeting Page 6 of 6 COUNCIL MEETING DATE: February 15, 2011 ITEM #:� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT South 320`� Overlay Reimbursement Contract with Quadrant Corporation POLICY QUESTION: Should the Council authorize the Mayor to execute the S 320`� Street Overlay Reimbursement Contract with Quadrant Corporation? COMMITTEE: Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Attachments: Memorandum to the Land Use and Transportarion Committee dated February 7, 2011. Options Coasidered: 1 Authorize the Mayor to execute the S 320�' Street Overlay Reimbursement Contract with Quadrant Corporation. 2 Do not authorize execution of the S 320`� Street Overlay Reimbursement Contract with Quadrant Corporation and provide direction to staff. MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the February 15, 2011 City Council consent agenda for approval MAYOR APPROVAL: l/�'+-� DIRECTOR APPROVAL: � —` � � '� Committee Councit MEETING DATE February 7 , 2011 ❑ Public Hearing : Public Works COMMITTEE RECOMMENDATION I move to forward the proposed Agreement to the February 1 S, 2011 consent agenda for approval. ; �-�-- �---� ��------ Linda Kochmar, Chair Jim Ferrell, Member Member PROPOSED COUNCIL MOTION "I move to authorize the Mayor to execut�'the S 320`" Street Overlay Reimbursement Contract with Quadrant Corporation. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — O8/12/2010 COUNCIL BILL # 1 reading Enactment rending ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 7, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works an mergency Management �. Marwan Salloum, P. E. Deputy Public Works Director SUBJECT: South 32d" Overlay Reimbursement Contract with Q ant Corporation BACKGROUND: In connection with Quadrant developing of the East Campus Corporation Park Parcel 1 that abuts the S 320�' Street right of way between I-5 Limited Access to Weyerhaeuser Way South, and as a condition of the developmendright of way permits for the proposed development of the Property, Quadrant was required to overlay S 320`" Street from I-5 Limited Access to Weyerhaeuser Way South. Quadrant requested the city to delay the requirement for the S 320�' Street overlay and allow it to be completed as part of their development of their property on the north side of S 320`� Street between 32 Ave South and the west property line of the South King Fire and Rescue Station #6. The City approved the request and required Quadrant to submit a Performance/Maintenance Bond (Permit #BSP98-0003Bond #6001751) dated July 19, 1999 in the amount of $150,000. Quadrant has since sold the Property to King County Fire Protection District # 39. Due to the deteriorated pavement condition of S 320`" Street, the City requested that Quadrant proceed with the implementation of the required work for the overlay of S 320`� Street as soon as possible. Quadrant requested to pay the City for the cost of the overlay and have the proj ect incorporated into the City's 2011 Asphalt Overlay Project and release Quadrant and the surety of the Overlay Bond from any further obligations. Staff incorporated the design of S 320`� Street overlay as a schedule into the 2011 Asphalt Overlay Project and negotiated a lump sum payment in the amount of $320,000 for the design, construction and construction management of this required work with Quadrant. The Council must authorize the Mayor to enter into the attached South 320`" Overlay Reimbursement Contract with Quadrant Corporation. cc: Project File k:\lutc\2011\02-07-11 Quadrant S320th st. Overlay reimbursement Agreement.doc CONTRACT FOR SOUTH 320 STREET OVERLAY REIMBURSEMENT THIS CONTRACT ("Contract'� is dated effective this day of . 2010 ("EfFective Date'� and is made by and between the City of Federal Way, a Washington municipal corporation ("�ty'�, and The Quadrant Corporation, a Washington corporation ("Quadrant'�. A. Quadrant was developing the East Campus Corporation Park Parcel 1 that abuts the South 320"' Street right of way between I-5 Limited Access to Weyerhaeuser Way S ("Properly'�. Quadrant and any other party that now or hereafter owns the Property or any portion thereof is sometimes referred to herein as the "Property Owner". B. In connection with obtaining the permits for development of the Property, Quadrant became obfigated to overlay South 320�' Street from I-5 Umited Access to Weyerhaeuser Way S along the north margin of South 320"' Street fronting the Property along with associated channelization, signal loops and utility adjustments (collectively, "Overlay Work'� pursuant to that certain City of Federal Way Agreement and Performance/Maintenance Bond (Permit #BSP98-0003/Bond #6001751) dated ]uly 19, 1999 ("Original Overlay Agreement'�, which obligation was secured by a$150,000 Performance/Maintenance Bond issued by Safeco Insurance Company of America ("Ove�iay Bond'�, a copy of all of which is attached as Exhibit A . C. Quadrant desires that the City incorporate the Overlay Work into the City 2011 Asphalt Overlay Project and release the Properly Owner and the surety for the Overlay Bond from any further obligations with respect to the Overlay Work and the City is willing to do so in exchange for a lump sum payment in the amount of $320,000 from Quadrant all on the terms and conditions set forth below. NOW, THEREFORE, the City and Quadrant ('�Parties'� agree to the following terms and conditions: 1. CITY'S PERFORMANCE OBLIGATION Subject to receiving the Lump Sum Payment (as defined in Section 2 below), the City agrees to perform and complete the Overlay Work within one year after the EfFective Date. 2. QUADRANT'S PAYMENT OBLIGATION In exchange for the City agreeing to assume responsibility for the Overlay Work and to release the Property Owner, from any further obligations with respect to the Overlay Work, Quadrant agrees to pay the City the lump sum amount of $320,000 in immediately available funds ("Lump Sum Payment'�. On or before February 15, 2011, Quadrant shall deposit the Lump Sum Payment into an account designated by the City. 3. RELEASE AND DISCHARGE OF ORIGINAL OBLIGATIONS Subject to and effective upon receipt of the Lump Sum Payment, the City agrees that the Property Owner and any successors or assigns of the Property Owner are fully released South 320"' Overlaying Reimbursement Contract -1- and discharged from any and all obligations to perform and/or fund any of the Overlay Work pursuant to the Original Overlay Agreement. Within 30 days after Quadrant makes the Lump Sum Payment, the City shall execute such documents and take such other actions as may be required (a) to formally terminate the Original Overlay Agreement, and (b) to cause the Overlay Bond to be fully released. 4. G�NERAL PROVISIONS 4.1 Entire Contract. This Contract, including the Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 4.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 4.3 Full Force and EfFect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 4.4 Successors In Interest. This Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 4.5 Attomey Fees. In the event of any litigation, arbitration or other proceeding arising out of or brought to enforce or interpret this Contract, the substantially prevailing party therein shall be entitled to an award of its reasonable attorneys' fees incurred therein, in the preparation therefore, and on any appeal or rehearing thereof. The venue for any dispute related to this Contract shall be King County, Washington. 4.6 No Waiver. Failure of either Parly to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of either Party to declare one breach or default does not act as a waiver of that Party's right to declare another breach or default. 4.7 Governing Law. This Contract is made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 4.8 Authori . Each individual executing this Contract on behalf of the City or Quadrant represents and warrants that such individual is duly authorized to execute and deliver this Contract on behalf of such Party. 4.9 Notices. Any notices required to be given by the City to Quadrant or by Quadrant to the City shall be delivered to the Parties at the addresses set forth below. A�y notices may be (i) delivered personally to the addressee of the notice (ii) deposited in the United States mail, postage prepaid, to the address set forth herein, or (iii) sent by Fedex or other recognized overnight courier service to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any notice so sent by overnight courier shall be effective on the business day following receipt by the courier. South 320�' Overlaying Reimbursement Contract -2- 4.10 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 4.11 Performance Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. 4.12 Com�liance with Ethia Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City's option. 4.13 . Counterparts. This Contract may be executed in any number of identical counterparts, which counterparts shall collectively constitute the entire Contract. 4.14 Equal O�portunity to Draft. The parties have participated and had an equal opportunity to participate in the drafting of this Contract, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. DATED the day and year set forth above. CITY OF FEDERAL WAY By: Skip Priest Mayor 33325 8th Avenue South Federal Way, WA 98003 ATTEST: City Clerk, Carol McNeilly, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson [signatures continue on next page] South 320"' Overlaying Reimbursement Contract -3- THE QUADRANT CORPORATION By: STATE OF WASHINGTON COUNTY OF ) ) ss. ) (Signature) (Printed Name) (Title) Quadrant Homes Attn: 14725 SE 36"' Street, Suite 200 Bellevue WA 98006 On this day personaliy appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this Exhibits day of . 2010. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires A. Original Overlay Agreement and Overlay Bond G:\Q��3.04347\5 320th ProJect�Street Overiay Agrednent03 (hfT1C 121610)-RedUne.Doc South 320"' Overlaying Reimbursement Contract -4- EXHIBIT A ORIGINAL OVERLAY AGREEMENT AND OVERLAY BOND [See attached] South 320"' Overiaying Reimbursement Contract K:�STREEfS\PROlECTS\Overlay2011\Quadrant\Contract @� AgreemenqStreet Overlay Agreement03 (MTK 121610)-RedGne.Doc � �� ` �0(7 Appticant: The Quadrant Corporation Project: East Campus Corp. Park Parcel 1 Property Address: SW Corner of S. 320"' St. and Weyerhaeuser Way S., Federai Way, WA 98003 Bond #: 6001751 Permit#: BSP98-0003 ROW#: Bond Amount: S 150,000.00 Cash Deposit Amount: 53,750.00 CITY OF FEDERAL WAY r AGREEMENT AND � � ��/'J PERFORMANCE/MAINTENANCE BOND O � V THIS AGREEMENT ("Agreement") is dated effective this 19�' day of July, 1999. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"1 and The Quadrant Corporation, a Washington corporation f"Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, including road grinding, full width asphalt overlay, channelization, signal loops and utility adjustments for approximately 1519 lineal feet of South 320th Street from I-5 to Weyerhaeuser Way in Federal Way, Washington in connection with Applicant's Land Use Application under the above-referenced permit ("Permit"}; B. The improvements will be constructed or the work performed in accordance with drawings and plans ("Plans") required to be submitted for review and approval prior to issuance of a Right of Way permit and starting construction; C. The City has determined that the Applicant must post security with the City pursuant to Sections 22-146 through 22-159 of the Federal Way City Code ("FWCC"1 as now existing or hereafter adopted or amended, to guarantee Applicant's performance of the required construction of improvements or perfiormance of work within three (3) years from the date of execution of this agreement and as a conditoon of granting the Permit. This requirement may be further delayed upon written request and approval by the City. NOW, THEREFORE, the Parties agree as follows: 1. Im�rovements. Applicant shall construct all improvements and perform all maintenance pursuant to the Plans, to the City's satisfaction ("Work"). The obligation to maintain the improvements shal! continue for a period of two (2) years after issuance of the certificate of occupancy or final inspection, or such longer period as required by the FWCC or other applicable law, rule or regulatian. 2. Completion of Work. The Applicant shall complete the Work to the City's satisfaction, within the time period prescribed by the City, and in fufl compliance with the Plans, including any approved amendments thereto, and in conformance with all applicable laws, rules or regulations. 3. PerformancelMaintenance Bond. Applicant shalt deliver the fully executed Performance/ Maintenance Bond to the City in the form attached hereto as Exhibit "A" and incorporated by this reference ("Bond"), to guarantee Applicant's performance of the construction of the improvements and/or maintenance of the improvements pursuant to the Plans. 4. Release of Bond. if the Principal constructs the improvements in accordance with the terms of the Bond, the Permit and all applicable law, the sum of tF�e Bond shall be reduced by seventy percent (70%) after final inspection and approval of the improvements by the City and the City will deliver to Principal the futly executed Partial Release of Bond attached hereto as Exhibit "B". Except as set forth in the preceding sentence, the Bond sha(I remain in full force and effect. That portion of the Bond equal to thirty percent (3Q°i6) of the original penal sum shall remain in full force and effect for two (2) years after final inspection and approval, as a maintenance bond to guarantee against defective materials and workmanship in the construction of the improvements and to insure continued maintenance of the improvements. Two (2) years after final inspection and approval of the improvements and performance of the maintenance, the City will release the remaining portion of the Bond by executing and delivering to Principal the Fufl Release of Bond attached hereto as Exhibit "C". 5. Right to Complete Work. In the event the Applicant fails to perform the Work, the City may, but in no event is it obligated to, request the disbursement of the Bond from the suretjr and perform any of the necessary Work. Upon demand, Applicant agrees to pay the City an amount equal to all of the City's costs and expenses in performing such Work in excess of the amount ot the Bond. 6. N i e. The Public Works Department of the City shalf be given forty-eight (48) hours notice prior to the commencement of the Work. 7. Indemnification. Applicant agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and votunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees? arising from, resulting, or connected with this Agreement � and the Bond, including without timitation, the City's performance of the Work pursuant to Section 5 herein. 8. Administrative Cash De�osit. !n addition to the amount of the Bond, Applicant agrees to pay a cash deposit to the City pursuant to Section 22 of the FWCC, upon the execution of this Agreement equal to the following percentages of the amount of the Bond: Amount of Bond Up to 520,000 520,001 - 550,000 550,001 - 5100,000 S 100,001 and up Amount of Cash Deposit 5°�6 of Bond (minimum 5100) 4°�6 of Bond 3°� of Bond 2-1 /2°� of Bond The cash deposit may be used by the City to cover its actual expenses in administering this Agreement and, if necessary, collecting a�d using the proceeds from the Bond. 9. Remedies Cumulative. No remedy provided for by this Agreement shall be deemed exclusive, but shall be deemed cumulative and in addition to every other remedy available to the City at law, in equity or by statute. Applicant's liability under this Agreement is not limited to the amount of the Bond. • -.. . . • • • ' � . .. . . � .. : .: . . . . ... �1.1d�1�1�►�1�<�1��IP7�l�I1�1�7��1.1�1�U�Ut.� �\�1�111Q•1�I�iR�1�] -2- 11. General Provisions. This Agreement may not be amended except by written agreement signed by the Parties. Any p�ovision of this Agreement which is declared invalid, shall not invalidate the remaining provisions of this Agreement. The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Agreement may not be assigned by any Party without the written consent of the other Party. This Agreement shal! be binding upon and insure to the benefit of the Parties' successors in interest. Time is of the essence. The By: Its: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) P.O. Box 130 Bellevue, WA 98009 425-455-2900 On this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissionefl and swom, San � D. McDa�tP , to me known to be the SecretaT of _ Quadrant , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentione�, and on oath staterl that he/she was authorized to execute said instrument and that the seaI affixed, if any, is the corporate seal of said corporation. GiVEN my hand and official seal this day of , 19 otary signature) KATEII..EIIV T DRAHOS (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: °� , ��J f� C{TY OF FEDERAL WAY By: Kenneth E. Nyberg, City Manager 33530 1 st Way South Federal Way, WA 98003 -3- SANDY D. McDADE, SECRETARY ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: ��---�e , �� Cary M. Roe, Public Works Director K:IFORMS1PQiFMAIPI.AGT Rev. 01-2&97 -4- EXHIBIT A Project: East Campus Corp. Park Parcel 1 Permit /�: BSP98-0003 CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned, The auadrant Corporation, as principal ("Principa!"), and Safeco Insurance Company of America, the undersigned corporation organized and existing under the laws of the State of Washington, and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bound unto the City of Federal Way, a Washington municipal corporation ("City"? in the penal sum af One Hundred �fty Thousand and no/100 Dollars (5150,000.00) for the payment of which they firmly bind themselves and their legal representatives, successors and assigns, jointly and severally. This obligation is entered into in pursuant to the statutes of the State o# Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended o� adopted. The Principal has entered into an Agreement with the City of even date to construct roadway improvements including road grinding, full width asphalt overlay, signal loops, utility adjustments, and channelization for approximately 1519 {ineal feet of South 320th St�eet from I-5 to Weyerhaeuser Way. NOW, THEREFORE, if the Principat shall perform alt the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmtess from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as spscified in the Agreement, or from defects appearing or developing in the material or workmanship provided or performed under the Agreement within a period of two (2) years after its final acceptance thereof by the City, then and in the event this obligation shafl be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, �xtension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension af time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shafl automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25°r6? of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving natice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or ° in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, timited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. !n the event a dispute should arise between the Parties to this Band with respect to the City's dectaration of default by the Principal, the Parties agree to participate in at least four hours of inediation in accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M"?. The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation. DATED this 23rd day of Au�ust , 1999 . CORPORATE SEAL OF PRINCtPAL: The auad�fant �orporati By: � Name f Per o xecuting Bond Its: SANDY D. McDADE, SECRETARY (Title) P.O. Box 130 Bellevue, WA 98009 425-455-2900 -2- CORP��ATE SEAL OF SURETY: Safeco Insurance Company of America Surety _ 8 ,, : ��.�'.-�-�-t-oa'1--� rL� Attorney-i act (Attach Power of Attorney) AL.LISON J . NO R Name of Person Executing Bond PO Box 2999, MS CH-2L32 Tacoma, WA 98477-2999 Address (253) 924-5209 Phone BOND NUMBER: 6001751 CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the tAssistant} Secretary of the Corporation named as Principal in the within bond; that SANDY D. McDADE . W�o signed the said bond on behalf of the Principal, was SECRETARY of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by autharity of its governing body. , �� Assistant Secretary VICKI A. MIItRICK APPROVED AS TO FORM: Cary M. Roe, Public Works Director L:\PRMSYS\DOCUMENl1BSP98 00.03\ROWBOND.DOC -3- EXHIBIT B PARTIAL RELEASE OF BOND # The �ndersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for East Campus Corp. Park Parcel 1, BSP98-0003, have been satisfied and hereby authorizes the release of an amount equal to One Hundred Five Thousand Dollars (5105,000.00). The remaining funds equaling thirty (30%? of the cost of the work or improvements shall be retained by the City for a period of two (2) years as security for Assignor's performance of all maintenance for the above described project and as a guarantee against defective materials or workmanship in the construction and maintenance of such improvements. DATED this day of , 199_. CITY OF FEDERAL WAY By: (Name, Title) EXHIBIT C FULL RELEASE OF BOND # The undersigned hereby acknowledges that the two (2) year maintenance period has expired, that the work or improvements covered by the Agreement and Perfarmance/ Maintenance Bond for East Campus Corp. Park Parcel 1, BSP98-0003, have been completed to th� City's satisfaction and that the City is not aware of any defect in workmanship or material�. Accordingfy, the undersigned hereby releases the sum of Forty-five Thousand Doliars t 545,000.00). DATED this day of , 19 CITY OF FEDERAL WAY By: (Name, Title) � S A F E C O ry P��R SAFECO WSURANCE COMPANY OF AMERICA ► OF ATfORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFlCE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 KNOW ALL BY THESE PRESENTS: No. 9670 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each he[el appoint :::::::s:s.#s�:,s::s�:::e:GARYA. BAXTER ;MARK E. TAYLOR;JOHN W. LAMBDIN;ALLISONI. NORR; Tacoma, Washingtoni•ssss»s:.:ss:::ss:sss:sssssss:sss its Vue and lavrful attorney(s)-in-fact, with full authority to execute on its behatf fidelity and surety bonds or undertakings and other documerrts of a similar charac0 issued in tbe course of its business, and to bind the respedive comparry thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed ar attested these presents this I6th day of Aprii , 1999 --��-� � �; ��l�' R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESlDENT CERTIFICATE Extract from the By-Laws of SAFECO tNSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Artide V, Section 13. - FIDELITY AND SUREI'Y BONDS ... the President, any �ce President, the Secxetary, and any Assistant �ce President appointed for tha purpose by the officer in charge of surefy operations, shall each have authority to appoint individuafs as attomeys-in-fact or under other appropriate titles with authority tc exe�cute on behaff of the company fidelity and surety bonds and other documents af similar charader issued by the company in the oourse of its business... On arn instrument making or evidencing such appointment, the signatures may be affoced by facsimite. On any instrument conferring such authority or on any bond a undertaking of the company, the seal, or a facsimile thereof, may be impressed or affoced or in any other manner reproduced; provided, however, that the seal shall no� be necessary to the validity of arry such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On arry ceRificate executed by the Secretary or an assistant secretary of the Company setting out, () The provisions of ARicle V, Section t 3 of the By-Laws, and (ii) A c�py of the power-of-attomey appoiMment, exec�ted pursuarrt thereto, and ("n7 Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, RA. Piersor►, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERfCA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant tfiereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seai of said corporation cn�s /� �ot�Rtr�`0, �� SEAL a� I953 �. ��` wAS►��/ -�. SEAL , x � 23rd day of Au�us t . 19� /� / s'� , R.A. PtERSON, SECRETARY S-0974lSAEF 7l98 � Registeredtrademark ot SAFECO Corporation. 4HRlQQ Pf1F COUNCIL MEETING DATE: February 15, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�� SuB.rECT: Enterprise NTS — 18�' Ave SW & 20�' Ave SW (SW 356�' ST to Pierce County Line) POLICY QUESTION Should the Council approve the installation of two speed humps on 18�' Avenue S W and three speed humps on 20�' Avenue SW between SW 356�' ST and the Pierce County Line? COMMITTEE Land Use and Transportarion Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: 7esse Hannahs P.E., Senior Traffic MEETING DATE February 7 , 2011 ❑ Public Hearing , Other I; • Err: Public Works Attachments: Land Use and Transportation Committee memorandum dated February 7, 2011. Options Considered: 1. Authorize the installation of two speed humps on 18�' Ave SW and three speed humps on 20�'Ave SW between SW 356�' ST and the Pierce County Line. 2. Authorize the installation of a number of speed humps and/or raised crosswalk in a given year and at given locations and provide this direction to staff. 3. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff. MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the February 15, 2011 City Council Consent Agenda for approval. MAYOR APPROVAL: �� DIRECTOR APPROVAL: � v!'�� omminee 7 Coi ncil Committee Council COMMITTEE RECONIMENDATION I move to forward Option 1 to the Feb�uary 1 S, 2011 cons�agenda for approval. 1 Linda Kochmar, Jim Ferrell, Member Member PROPOSED COUNCIL MOTION "I move approval of the installation of hvo sp�mps on I S`" Ave SW and three speed humps on 20`" Ave SW between SW 356` ST and the Pierce County Line. " (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 READINC (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 7, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emer en Managem� Jesse Hannahs, P. E., Senior Traffic Engineer ��-� SUBJECT: Enterprise NTS — I S` Ave SW & ZO` Ave SW (SW 356` ST t the Pierce County Line) BACKGROUND: Residents in the vicinity of 18�` Ave SW and 20`� Ave SW between SW 356�' ST and the Pierce County line submitted separate petitions for each street requesting the installation of traffic calming devices to control vehicle speeds in an effort to improve vehicular and pedestrian safety. A traffic study was conducted for each street and the results are as follows: 18` Ave S(SW 356 ST to 20"' Ave SV� • Roadway Classification : Local Residential • Average Daily Traffic (ADT): 1039 • 85` percentile speed: 30. 0 mph • S-Year Collision History: 0 Collisions Based on the current adopted NTS installation criteria (per table below), 18`� Ave SW scored 4.5 total severity points. This exceeds the minimum 3.0 severity point to qualify for the installation of traffic calming devices. Table: Local Residential Street Point 85`� Percentile Average Daily Location 5-Year Collision Histo Scale S eed Traffic ADT) SchooUPark Total In'u Fatal 0.0 0- 25 0- 500 No 1 - - 0.5 26 - 27 501 — 600 Yes Z - - 1.0 28 - 29 601 — 700 - 3 1 - 1.5 30 - 31 701 — 800 - 4 - - 2.0 32 - 33 801— 900 - 5 2 1 2.5 34 - 35 901 —1000 - 6 - - 3.0 36+ 1,001+ - 7+ 3+ 2+ 20`" Ave S(SW 356� ST to Pierce County Line) • Roadway Class�cation : Minor Collector • Average Daily Traffzc (ADT): 1335 • 85` percentile speed.• 33.3 mph • S-Year Collision History: 2 Collisions with 1 injury Based on the current adopted NTS installation criteria (per table below), 20`� AVE SW scored 3.5 total severity points. This exceeds the minimum 3.0 severity point to qualify for the installation of traffic calming devices. Tahle: Minnr (:nllector Point 85 Percentile Average Daily Location 5-Year Collision Histo Scate S eed Traffic ADT) SchooUPark Total In'u Fatal 0.0 0- 25 0- 1,000 No 1 - - 0.5 26 - 27 1001-1800 Yes 2 - - 1.0 28 - 29 1,801 — 2,600 - 3 1 - 1.5 30 - 31 2,601 — 3,400 - 4 - - 2.0 32 - 33 3,401 — 4,200 - 5 2 1 2.5 34 - 35 4,201— 5,000 - 6 - - 3.0 36+ 5,001+ - 7+ 3+ 2+ Based upon the vicinity and evaluation that each NTS petition request was likely to affect the subsequent para.11el street, it was determined by staff that the subject streets should be combined into one project. A neighborhood traffic safety meeting was held on October 4`�, 2010 at Sherwood Forest Elementary School to discuss potential traffic calming devices that could be implemented on both 18�` Ave SW and 20`� Ave SW. To be effective in reducing speeds along 18�' Ave SW and 20`� Ave SW and to improve vehicular and pedestrian safety, the group consensus was to have the Ciry install two speed humps on 18`� Ave SW between SW 356`� ST and 20�' Ave SW and three speed humps on 20`� Ave between SW 356�' ST and the Pierce County Line near the following addresses: a. 35708 20`� Ave SW b. 35810 20`� Ave SW c. 36012 20�' Ave SW d. 35709 18�' Ave SW e. 35901 18�` Ave SW In accordance with established NTS policies, staff sent ballots to City of Federal Way and City of Tacoma property owners and occupants within 600 feet of the proposed traffic calming device locations and also to those with the proposal located along their sole access route. The following table summarizes the ballot results: Traffic City of City of Total Calming Federal Way Tacoma Device Results % Results % Results % Ballots Sent 132 69 201 Ballots Returned 37 32% 12 19% 49 27% Undeliverable 15 6 21 Yes Votes 31 84% 7 58% 38 78% No Votes 4 11% 4 33% 8 16% Returned w/o Res onse 2 5% 1 8% 3 6% K:\TRAFFIC�iTS\2010 NTS�Enterprise - 18 AV SW & 20 AV SWU.UTGCouncil\2-7-11 Enterprise NTS - 18 AV SW & 20 AV SW (SW 356 ST to PCL).doc One of the installation criteria requires a 51% majority approval of the retumed ballots. Based on the ballot results represented in the above table, the balloting exceeds this majority. The estimated cost of this project is approximately $17,500, which falls above the $15,000 per neighborhood per year budget limitation policy; however delaying installation of a portion of the proposed project has the potential to further exacerbate the problem at the delayed location. T'he current allocated NTS budget per year is $50,000 with $20,000 designated specifically for school NTS and/or school safety related improvements. Staff thus recommends approving the installation of the subject project to install two speed humps on 18`� Ave between SW 356`� ST and 20�' Ave and three speed humps on 20�' Ave between SW 356�' ST and the Pierce County Line. cc: Project File Day File K:\TRAFFIC\NTS\2010 NTS\Enterprise - 18 AV SW & 20 AV SW�L.[1TC-Council\2-7-1 l Enterprise NTS - 18 AV SW & 20 AV SW (SW 356 ST to PCL).doc COUNCIL MEETING DATE: February 15, 2011 ITEM #:�_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Su�cT: Nautilus NTS – S 308�' ST (l Ave S to 4�' PL S) POLICY QUESTION Should the Council approve the installation of four speed humps on S 308�' ST between lst Ave S and 4�' PL S? COMMITTEE Land Use and Transportation Committee MEETING DATE February 7, 2011 CATEGORY: � Consent ❑ Ordinance ❑ Pubtic Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jesse Hannahs P.E., Senior Traffic En inee�l �' PT� �blic Works ----------..__._...---------__-----..._.—._ � _ __.---�--._._...___..._.....--�— �---� _...._.._ —._._-- ------_._._---- Attachments: Land Use and Transportation Committee memorandum dated February 7, 2011. Options Considered: 1. Authorize the installation of four speed humps on S 308�` ST between 1� Ave S and 4�' PL S. 2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff. MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the February 15, 2011 City C ouncil Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: __ (�!" 'v' � Council Co� Council COMMITTEE RECOMMENDATION I move to forward Option 1 to the February 1 S, 2011 consent agenda for approval. _ ` ...�-` �-..� Jim Ferrell, Member PROPOSED COUNCIL MOTION "I move approval of the installation of between 1 S ` Ave S and 4` PL S. " Member speed humps on S 308` ST (BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1� resding ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 • RESOLUTION # CITY OF FEDERAL WAY MEMaRANDUM DATE: TO: VIA: FROM: SUBJECT: February 7, 2011 Land Use and Transportation Committee Skip Priest, Mayor ��p.� Cary M. Roe, P.E., Director of Parks, Public Works a�d Emergency Management Jesse Hannahs, P. E., Senior Traffic Engineer J L�� Nautilus NTS — S 308' ST (1 �' Ave S to 4`�` PL S) BACKGROUND: Residents in the vicinity of S 308`� ST between l�` Ave S and 4`� PL S submitted a petition requesting the installation of traffic calming devices to control vehicle speeds in an effort to improve vehicular and pedestrian safety along S 308`� ST. A traffic study was conducted and the results are as follows: • Roadway Classification : Minor Collector • Average Daily Traffic (ADT): 861 • 8S`�` percentile speed.• 34.0 mph • S-Year Collision History: 2 Collisions with 1 injury Based on the cunent adopted NTS installation criteria (per table below), S 308` ST scored 4.0 total severity points. This exceeds the minimum 3.0 severity point to qualify for the installation of traffic calming devices. Tahle� Minnr Cnllector Point 85 Percentile Average Daily Location 5-Year Collision Histo Scale S eed Traffic ADT SchooUPark Total In'u Fatal 0.0 0- 25 0-1 000 No 1 - - 0.5 26 - 27 1,001 —1,800 Yes 2 - - 1.0 28 - 29 1,801 — 2,600 - 3 1 - 1.5 30 - 31 2,601 — 3,400 - 4 - - 2.0 32 - 33 3,401 — 4,200 - 5 2 1 2.5 34 - 35 4,201 — 5,000 - 6 - - 3.0 36+ 5,001+ - 7+ 3+ 2+ A neighborhood traffic safety meeting was held on October 27, 2010 in City Council Chambers to discuss potential tr�c calming devices that could be implemented on S 308`� ST. To be effective in reducing speeds along S 308`� ST and to improve vehicular and pedestrian safety, the group consensus was to have the City insta.11 four speed humps on S 308`� ST between 1s Ave S and 4�' PL S. Based upon drainage concerns and concerns of vehicles scraping the roadway, speed humps cannot feasibly be placed on roadways with slopes greater than 8%. As many sections of S 308�' ST within the subject neighborhood have horizontal alignments which are rolling, very few locations with slopes less than the 8% grade are present and placement of speed humps required more evaluation than that of typical NTS projects. The consensus of the neighborhood was for staff to determine the four Wildwood NTS 2/1 /2011 Page 2 locations for installation. The conclusion of the staff evaluation, based upon the roadway slope issues and driveway locations, was to locate speed humps near the following addresses: a. 130 S 308�' ST b. 213 S 308�' ST c. 334 S 308`� ST d. 412 S 308�' ST In accordance with established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the proposed traffic calming device locations and also to those with the proposal located along their sole access route. The following table summarizes the ballot results: One of the installation criteria requires a 51% majority approval of the retumed ballots. Based on the ballot results represented in the above table, the balloting exceeds this majority. The estimated cost of this project is approximately $14,000, which falls within the $15,000 per neighborhood per year budget limitation policy. The current allocated NTS budget per year is $50,000 with $20,000 designated specifically for school NTS and/or school safety related improvements. Staff recommends approving the installation of four speed humps on S 308`� ST between 1� Ave S and 4�'PL S. cc: Project File Day File K:\TRAFFIC�NTS\2010 NTS\Nautilus - S 308 ST (1 AV S to 5 PL S)�I.UTC-Council\2-7-11 Nautilus NTS - S 308 ST (1 AV S to 4 PL S).doc COUNCIL MEETING DATE: February 15, 2011 CITY OF FEDERAL WAY ITEM #:� CITY COUNCIL AGENDA BILL SUBJECT: PARKS COMMISSION 2011 WORK PLAN POLICY QUESTION Should the Council approve the Parks Commission 2011 Work Plan? COMMITTEE: PRHSPS CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE FEB 8 , 2011 ❑ Public Hearing ❑ Other STAFF REPOR'r BY: Ste hen Ikerd Parks & Facilities Mana er DEPT PRCS __... ____.... _..P.._....._ ............._.._.._...__�............................. � __.... ___...._...... Background: The Parks Commission discussed their 2011 Work Plan during the January 3, 2011 Commission meeting and voted to forward to Mayor Priest and Council their proposed work plan for approval. Attachments: Parks Commission 2011 Work Plan Options Considered: #1- Approved the proposed Parks Commission 2011 Work Plan. #2- Decline the proposed Parks Commission 2011 Work Plan, and request the Parks Commission make recommended revisions. MAYOR'S RECOMMENDATION Option #1; Approval of the proposed Parks Co 2 War Pl an. MAYOR APPROVAL: ,�e'� ' ��u,(,;� DIRECTOR APPROVAL: L%L� �[tee � Cout il Comm�ttee Council COMMITTEE RECOMMENDATION I move to forward the 2011 Parks Commission Work Plan to the full Council Feb 1 S, 2011 consent agenda for approval. s^ 1'../ - �r Committee Chai� . % 1 l r�--- Committee Member PROPOSED COUNCIL MOTION "I move approval of the Parks Commission 2011 Work Plan " (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 Parks Corn�n�ss�o�n Federal Way 2011 Worl� Ptan Project Summary/Objectives Commission Tasks When Status 1. Conduct public outreach as needed 1. Review Huitt-Zollars study and make 2. Identify potential routes to develop and Trail 8� Pedestrian access recommendations. connections from Huiltt-Zollars study. 1 - 4th improvements 3. Recommend new path development and qtr. 2. Finalize development of a new park & review implementation options. trail map. 4. Decide on final print quantity for trail map, distribution method and locations. Panther Lake Study Review Huitt-Zollars study and make 1. Participate in Huitt-Zollars presentation. �St _ 4th recommendations 2. Review study and make recommendations qtr. for future development. 1. Evaluate and help Identify potential sites to Disc Golf Should the Parks Department add a disc locate a course and cost estimates. 2" - 3rd golf course to the system? 3. Develop a recommendation for Council if qtr. the decision is to add a course to the City. Annual Playground �nstallation of playground equipment in 1. Review decision matrix 2" and equipment replacement existing parks appropriate for the 2, Prioritize next 2-3 locations. 3` qtr. neighborhood. 2" 2011/2012 - CIP/Budget CIP planning Review and make recommendations on q � approved remaining projects 1. Identify and sponsor scheduled volunteer's Hold volunteer events in City Parks in activities 2" and 2011 Volunteer Events conjunction with Earth/Arbor Day in April 2. Recruit volunteers 3'� qtr. 3. Volunteer at events 2 nd _ 4 tn Laurelwood Park Recommend Parks role with this property Review current conditions and use and make recommendations for future use. qtr. COUNCIL MEETING DATE: February 15, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�-� SUB.TEC'r: State of Washington, 62 Legislature House Bill #1445 and Senate Bill #5354 POLICY QUESTION Should the City of Federal Way / Federal Way Police Department support the Presumptions of Occupational Disease for Law Enforcement Officers and Firefighter defined in House Bill #1445 and Senate Bill #5354? COMMITTEE Parks, Recreation, and Public Safety Council Committee CATEGORY: � Consent ❑ City Council Business , STAFF REPORT BY: CHIEF BRIAN WILSON Attachments: l. PRHS&PS Memo 2. House Bill #1445 3. Senate Bill #5354 ❑ Ordinance ❑ Resolution Options Considered: 1. Support House Bill # 1445 and Senate Bill #5354 2. Reject Support of the House and Senate Bills STAFF RECOMMENDATION: Staff recommends Option 1. MEETING DATE Feb. 8 , 2011 ❑ Public Hearing ❑ Other DEPT Police Department CITY MANAGER APPROVAL: DIRECTOR APPROVAL: ��.I � ��11' �� ,�.�,.nl.� 1' 3I � (I co >> co�aa co„�a COMMITTEE RECOMMENDATION I move to forward the request to suppo�t Presumptions of Occupational Disease for Law Enforcement Officers and Firefighters as defined under House Bill #1445 and Senate Bill #5354 to the February 15, 2011 city council consent agenda for appraval. Committee Chair �— Commi m er 1 COUNCILT MOTION I move to approve the support of Presumptions of Occupational Disease for Law Enforcement Officers and Firefighters as defined under House Bill #1445 and Senate Bill #5354. BELOR'TO BECOMPLETED BYCITYCLERRSOFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL T# ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactmeat reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION �i CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: February 15, 20ll TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Skip Priest, Mayor FROM: Brian J. Wilson, Chief of Poli SUBJECT: Act Relating to Presumptions o ccupational Disease for Law Enforcement Officers and Firefighters. The State of Washington, 62" Legislature is looking at adding a new section to RCW 51.32. House Bill #1445 and Senate Bill #5354 recommend that "If a law enforcement officer, who is covered under Title 51 RCW, dies as the direct and proximate result of a hear attach or stroke, that law endorcement officer shall be presumed to have died as the direct and proximate result of personal injury sustained in the course of employment" This statement is contingent on several qualifinging requirements. The Federal Way Police Department supports both House Bill #1445 and Senate Bill #5254 and has received prior consent from City of Federal Way to participate in the hearings. The Federal Way Police Department is requesting that the Federal Way City Council support this legislation. 1 Z-0452.1 State of Washington HOUSE BILL 1445 62nd Legislature 2011 Regular Session By Representatives Van De Wege, Rodne, Pettigrew, Upthegrove, Liias, Maxwell, Reykdal, Stanford, Orwall, Sullivan, Sells, Hurst, Fitzgibbon, Kelley, and Ormsby; by request of Law Enforcement Officers and Fire Fighters' Plan 2 Retirement Board Read first time 01/21/11. Referred to Committee on Labor & Workforce Development. 1 AN ACT Relating to presumptions of occupational disease for law 2 enforcement officers and firefighters; amending RCW 51.32.185; adding 3 a new section to chapter 51.32 RCW; and creating a new section. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NEW SECTION. Sec. 1. A new section is added to chapter 51.32 RCW to read as follows: (1) For purposes of this section, "law enforcement officer" means either a law enforcement officer as defined in RCW 41.26.030 or a member of the Washington state patrol retirement system under chapter 43.43 RCW. (2) If a law enforcement officer, who is covered under Title 51 RCW, dies as the direct and proximate result of a heart attack or _ _ _ _ ____ _- _ __ _-_- ___ stroke, that law enforcement officer shall be presumed to have died as the direct and proximate result of a personal injury sustained in the course of employment, if: (a) That law enforcement officer, while on duty: (i) Engaged in a situation, and such engagement involved nonroutine stressful or strenuous physical law enforcement, fire suppression, p. 1 HB 1445 1 rescue, hazardous material response, emergency medical services, prison 2 security, disaster relief, or other emergency response activity; 3 (ii) Participated in a training exercise, and such participation 4 involved nonroutine stressful or strenuous physical activity; or 5 (iii) Responded to, or was in the course of responding to, a fire, 6 rescue, or police emergency; and 7 (b) That officer died as a result of a heart attack or stroke 8 suffered: 9. (i) While engaging or participating or responding as described 10 under (a) of this subsection; 11 (ii) While still on duty after so engaging or participating or 12 responding; or 13 (iii) Not later than twenty-four hours after so engaging or 14 participating or responding; and 15 (c) This presumption is not overcome by competent medical evidence 16 to the contrary. 17 (3) Nonroutine stressful physical activity means line of duty 18 activity that: 19 (a) Is not performed as a matter of routine. Routine means that 20 the level of stress is routine and not simply that the activity itself 21 is performed with some regularity; 22 (b) Entails nonnegligible physical exertion; and . 23 (c) Occurs with respect to a situation in which a law enforcement 24 officer is engaged, under circumstances that objectively and 25 reasonably: 26 (i) Pose, or appear to pose, significant dangers, threats, or 27 hazards, or reasonably foreseeable risks thereof, not faced by 28 similarly situated members of the public in the ordinary course; and 29 provoke, cause, or occasion an unusually high level of alarm, fear, or 30 anxiety; or 31 (ii) With respect to a training exercise in which a law enforcement __ _-__ - officer participates, under circumstances that objectively and 33 reasonably simulate in realistic fashion situations that pose 34 significant dangers, threats, or hazards; and provoke, cause, or 3S occasion an unusually high level of alarm, fear, or anxiety. 36 (4)(a) Nonroutine strenuous physical activity means line of duty 37 activity that: HB 1445 p, 2 1 (i) Is not performed as a matter of routine. Routine means that 2 the level of physical exertion is routine and not simply that the 3 activity itself is performed with some regularity; and 4 (ii) Entails an unusually high level of physical exertion. 5 (b) Nonroutine stressful or strenuous physical activity excludes 6 actions of a clerical, administrative, or nonmanual nature. 7 Sec. 2. RCW 51.32.185 and 2007 c 490 s 2 are each amended to read 8 as follows: 9 (1) In the case of firefighters as defined in RCW 41.26.030((�-4})) 10 (16) (a), (b), and (c) who are covered under Title 51 RCW and 11 firefighters, including supervisors, employed on a full-time, fully 12 compensated basis as a firefighter of a private sector employer's fire 13 department that includes over fifty such firefighters, there shall 14 exist a prima facie presumption that: (a) Respiratory disease; (b) any 15 heart problems or strokes, experienced within seventy-two hours of 16 exposure to smoke, fumes, or toxic substances, or experienced within 17 twenty-four hours of strenuous physical exertion due to firefighting 18 activities; (c) cancer; and (d) infectious diseases are occupational 19 diseases under RCW 51.08.140. This presumption of occupational disease 20 may be rebutted by a preponderance of the evidence. Such evidence may 21 include,� but is not limited to, use of tobacco products, physical 22 fitness and weight, lifestyle, hereditary factors, and exposure from 23 other employment or nonemployment activities. 24 (2) The presumptions established in subsection (1) of this section 25 shall be extended to an applicable member following termination of 26 service for a period of three calendar months for each year of 27 requisite service, but may not extend more than sixty months following 28 the last date of employment. 29 (3) The presumption established in subsection (1)(c) of this 30 section shall only apply to any active or former firefighter who has 31 cancer that develops or manifests itself after the firefighter has 32 served at least ten years and who was given a qualifying medical 33 examination upon becoming a firefighter that showed no evidence of 34 cancer. The presumption within subsection (1)(c) of this section shall 35 only apply to prostate cancer diagnosed prior to the age of fifty, 36 primary brain cancer, malignant melanoma, leukemia, non-Hodgkin's p. 3 HB 1445 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 lymphoma, bladder cancer, ureter cancer, colorectal cancer, multiple myeloma, testicular cancer, and kidney cancer. (4) The presumption established in subsection (1)(d) of this section shall be extended to any firefighter who has contracted any of the following infectious diseases: Human immunodeficiency virus/acquired immunodeficiency syndrome, all strains of hepatitis, meningococcal meningitis, or mycobacterium tuberculosis. (5) Beginning July 1, 2003, this section does not apply to a firefighter who develops a heart or lung condition and who is a regular user of tobacco products or who has a history of tobacco use. The department, using existing medical research, shall define in rule the extent of tobacco use that shall exclude a firefighter from the provisions of this section. (6) For purposes of this section, "firefighting activities" means fire suppression, fire prevention, emergency medical services, rescue operations, hazardous materials response, aircraft rescue, and training and other assigned duties related to emergency response. (7)(a) When a determination involving the presumption established in this section is appealed to the board of industrial insurance appeals and the final decision allows the claim for benefits, the board of industrial insurance appeals shall order that all reasonable costs of the appeal, including attorney fees and witness fees, be paid to the firefighter or his or her beneficiary by the opposing party. (b) When a determination involving the presumption established in this section is appealed to any court and the final decision allows the claim for benefits, the court shall order that all reasonable costs of the appeal, including attorney fees and witness fees, be paid to the firefighter or his or her beneficiary by the opposing party. (c) When reasonable costs of the appeal must be paid by the department under this section in a state fund case, the costs shall be paid from the accident fund and charged to the costs of the claim. 32 NEW SECTION. Sec. 3. This act applies retroactively to January 1, 33 2010. --- END --- HB 1445 p. 4 G SENATE BILL 5354 State of Washington 62nd Legislature 2011 Regular Session By Senators Hargrove, Roach, Kilmer, Keiser, Kohl-Welles, McAuliffe, and Conway; by request of Law Enforcement Officers and Fire Fighters' Plan 2 Retirement Board Read first time 01/21/11. Referred to Committee on Labor, Commerce & Consumer Protection. 1 AN ACT Relating to presumptions of occupational disease for law 2 enforcement officers and firefighters; amending RCW 51.32.185; adding 3 a new section to chapter 51.32 RCW; and creating a new section. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 NEW SECTION. Sec. 1. A new section is added to chapter 51.32 RCW 6 to read as follows: S 7 (1) For purposes of this section, "law enforcement officer" means 8 either a law enforcement officer as defined in RCW 41.2�.030 or a 9 member of the Washington state p°atrol retirement system under chapter 10 43.43 RCW. � 11 (2) If a law enforcement officer, who is covered under Title 51 12---1�C�1��lies _ a�__the __direct___._arid__proxima��—res_ult_ o�_.� heart _ att�ck—or ____— — __ _ __- -- ----- 13 stroke, that law enforcement officer shaTl be presumed to have died as 14 the direct and proximate result of a personal injury sustained in the 15 course of employment, if: .= 16 (a) That law enforcement officer, while on duty: � 17 . (i) Engaged in a situation, and such engagement involved nonroutine I$ stressful or strenuous physical law enforcement, fire suppression, p. 1 _ SB 5354 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 33 34 35 36 37 rescue, hazardous materidi response, emerge:,cy medicai �.ervices, prison security, disaster relief, or other emergency response activity; (ii) Participated in a training exercise, and such participation involved nonroutine stressful or strenuous physical activity; or (iii) Responded to, or was in the course of responding to, a fire, rescue, or police emergency; and (b) That officer died as a result of a heart attack or stroke suffered: (i) While engaging or participating or responding as described under (a) of this subsection; (ii) While still on duty after so engaging or participating or responding; or (iii) Not later than twenty-four hours after so engaging or participating or responding; and (c) This presumption is not overcome by competent medical evidence to the contrary. (3) Nonroutine stressful physical activity means line of duty activity that: (a) Is not performed as a matter of routine. Routine means that the level of stress is routine and not simply that the activity itself is performed with some regularity; (b) Entails nonnegligible physical exertion; and (c) Occurs with respect to a situation in which a law enforcement officer is engaged, under circumstances that objectively and reasonably: (i) Pose, or appear to pose, significant dangers, threats, or hazards, or reasonably foreseeable risks thereof, not faced by similarly situated members of the public in the ordinary course; and provoke, cause, or occasion an unusually high level of alarm, fear, or anxiety; or (ii) With respect to a training exercise in which a law enforcement officer participates, under circumstances that objectively and reasonably simulate in realistic fashion: situations that pose significant dangers, threats, or hazards; and provoke, cause, or occasion an unusually high level of alarm, fear, or anxiety. . (4)(a) Nonroutine strenuous physical activity means line of duty activity that: SB 5354 p. 2 1 (i) 1s not performed as a matter of routine. Routine means that 2 the level of physical exertion is routine and not simply that the 3 activity itself is performed with some regularity; and 4 (ii) Entails an unusually high level of physical exertion. 5 (b) Nonroutine stressful or strenuous physical activity excludes 6 actions of a clerical, administrative, or nonmanual nature. 7 Sec. 2. RCW 51.32.185 and 2007 c 490 s 2 are each amended to read 8 as follows: , 9 ' (1) In the case of firefighters as defined in RCW 41.26.030((f4�-)) 10 (16) (a), (b), and (c) who are covered under Title 51 RCW and 11 firefighters, including supervisors, employed on a full-time, fully 12 compensated basis as a firefighter of a private sector employer's fire 13 department that includes over fifty such firefighters, there shall 14 exist a prima facie presumption that: (a) Respiratory disease; (b) any 15 heart problems or strokes, experienced within seventy-two hours of 16 exposure to smoke, fumes, or tox'ic substances, or experienced within 17 twenty-four hours of strenuous physical exertion due to firefighting 18 activities; (c) cancer; and (d) infectious diseases are occupational 19 diseases under RCW 51.08.140. This presumption of occupational dis.ease 2.0 may be rebutted by a preponderance of the.evidence. Such evidence may 21 include, but is not limited to, use of tobacco products, physical 22 fitness and weight, lifestyle, hereditary factors, and exposure from 23 other employment.or nonemployment activities. 24 (2) The presumptions established in subsection (1) of this section 25 shaTl be extended to an applicable �nember following termination of 26 service for a period of three calendar months for each year of 27 requisite service, but may not extend more than sixty months following 28 the last date of employment. ' 29 (3) The presumption establ�shed in subsection (1)(c) of this 30_____s_ection shalLQnly ._apgly_ to__ any: activ� o�for.m_er__�ir has.--- 31 cancer that develops or manifests itself after the firefighter has 32 served at least ten years and who was given a qualifying medical 33 examination upon becoming a firefighter that showed no evidence of 34 cancer. The presumption within subsection (1)(c) of this section shall 35 only apply to prostate cancer diagnosed prior to the age.of fifty, 36 primary brain cancer, malignant melanoma, leukemia, non-Hodgkin's p. 3 SB 5354 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Iyrr��l�oma, bladder cancer, ureter car�cer, colo��ec�al cancer, multiple myeloma, testicular cancer, and kidney cancer. (4) The presumption established in subsection (1)(d) of this section shall be extended to any firefighter who has contracted any of the following infectious diseases: Human immunodeficiency virus/acquired immunodeficiency syndrome, all strains of hepatitis, meningococcal meningitis, or mycobacterium tuberculosis. (5) Beginning July l, 2003, this section does not apply to a firefighter who develops a heart or lung condition and who is a regular user of tobacco products or who has a history of tobacco use. The department, using existing medical research, shall define in rule the extent of tobacco use that shall exclude a firefighter from the provisions of this section. (6) For purposes of this section, "firefighting activities" means fire suppression, fire prevention, emergency medical services, rescue operations, hazardous materials response, aircraft rescue, and training and other assigned duties related to emergency response. (7)(a) When a determination involving the presumption established in this section is appealed to the board of industrial insurance appeals and the final decision allows the claim for benefits, the board of industrial insurance appeals shall order that all reasonable costs of the appeal, including attorney fees and witness fees, be paid to�the firefighter or his or her beneficiary by the opposing party. (b) When a determination involving the presumption established in this section is appealed to any court and the final decision allows the claim for benefits, the court shall order that all reasonable costs of the appeal, including attorney fees and witness fees, be paid to the firefighter or his or her beneficiary by the opposing party. (c) When reasonable costs of the appeal must be paid by the department under this section in a state fund case, the costs shall be paid from the accident fund and charged to the costs of the claim. 32 NEW SECTION. Sec. 3. 33 2010. This act applies retroactively to January 1, --- END --- SB 5354 p. 4 COUNCIL MEETING DATE: February 15, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE FEDERAL WAY POLICE LIEUTENANTS' ASSOCIATION TO AMEND THE PROVISION FOR INDUSTRIAL INSURANCE LEAVE IN THE 2011-2012 COLLECTIVE BARGAINING AGREEMENT TO BE CONSISTENT WITH THE EMPLOYEE GUIDELINES. POLICY QUESTION Should the City Council approve the proposed Memorandum of Understanding with the Federal Way Police Lieutenants' Association to amend the provision for Industrial Insurance Leave for the 2011 — 2012 Collective Bargaining Agreement and its successor collective bargaining agreement to be consistent with the Employee Guidelines. COMMITTEE: N/A CATEGORY: ❑ Consent � City Council Business ❑ Ordinance ❑ Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Patricia Richardson, City Attorne DEP'r: Law _....._..........._........._......._ ......................_....................._................._._........................_............................_............................................................_.........._...........�'........................_................................_......_.._......_.................._........._.._....._.............._............................._......__. In 2010 a consultant from AWC reviewed the City's premium costs for worker's compensation and projected, based upon historical practice, that the City would save approximatety $130,000 over a five-year period by implementing the "kept on salary". Accordingly, the Employee Guidelines were modified and the unions notified of the changes. When a job-related injury occurs, the employee will be "kept on salary" for the first 30 days of leave: and will then become eligible for Worker's Compensation in the event the empioyee is not released to return to work. The Police Lieutenants' Association notified the City that the Lieutenants wanted to participate in the "kept on salary" modification. The proposed Memorandum of Understanding is consistent with the Employee Guidelines and reflects the modification. Attachments: Proposed Memorandum of Understanding Options Considered: 1. Approve the proposed Memorandum of Understanding. 2. Re'ect the ro osed Memorandum of Understandin _ .....................................]...._..............................P...........P...._............................................._........................_.............................................................................._................_�.._......_......._..._........................................._...._.........._......_..........._................_.._...._....... MAYOR'S RECOMMENDATION Mayor recommends Option 1 MAYOR APPROVAL: �_ / ��2� DIRECTOR APPROVAL: �� 1� Committee Coun iI Committee Council COMMTTTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION "I move approval of the Memorandum of Understanding between the Lieutenants and the City to amend the provision for Industrial Insurance Leave for the 2011 — 2012 Collective Bargaining Agreement and its successor collective bargaining agreement to be consistent with the Employee Guidelines. (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 tt MEMORANDUM OF UNDERSTANDING WHEREAS, the Federal Way Police Lieutenants' Association (hereinafter referred to as the "Association") and the City of Federal Way (hereinafter refened to as the "City") have been and are signatory to a January 1, 2011 through December 31, 2012 collective bargaining agreement setting forth the wages, hours, and other terms and conditions of employment for members of the bargaining unit represented by the Association: WHEREAS, the City has proposed updated changes to the Employee Guidelines, which will become effective January l, 201 l; and WHEREAS, Association and the City have agreed that "kept on salary" program for the first thirty (30) days when an employee is injured and entitled to State Industrial Insurance (Workers' Compensation) will apply to the Lieutenants in addition to the "buy back" provisions if the recovery from the on-the job injury takes more than thirty (30) days; and WHEREAS, the Association and the City wish to memorialize their agreement and include such agreement in a successor collective bargaining agreement; it is therefore AGREED BY AND BETWEEN THE PARTIES HERETO, in consideration of the mutual promises contained herein and other good and valuable consideration, that: 1. Article 5, section 3 of the 2011-2012 collective bargaining agreement and the appropriate article and section of the successor collective bargaining agreement shall read: Industrial Insurance Leave. If the state grants industrial insurance benefits, the Lieutenant will remain fully compensated under the City's "kept on salary" program ("Program"). The Program will continue the full salary without deducting any leave for thirty (30) days. In the event the Lieutenant cannot return to work on the thirty-first (31 St ) day, the Lieutenant would become eligible for time loss. Unless otherwise required by State law, the procedure far workers' compensation time loss payment/reimbursement will be as follows: State Industrial Insurance will pay time loss compensation according to a set formula based on marital status and number of dependents. Lieutenants cannot use sick leave and receive worker's compensation at the same time, because this results in "double payment". Lieutenants must use the time loss money from worker's compensation to "buy back" the sick leave used. Compensatory time cannot be bought back. "Buy back" for vacation leave is optional. Since worker's compensation only pays a percentage of full wages, a Lieutenant can only "buy back" a percentage of the leave used with that money, however, the Page 1 of 2 MOU K:\union�L,t�2011 agr�kept on salary MOU 12-13-10 Lieutenant will not suffer the income loss that occurs when he/she only receives worker's compensation benefits. When an employee receives a worker's compensation time loss check, he/she should turn the check over to payroll. Based upon the Lieutenant's hourly rate and the amount of worker's compensation time loss received, payroll will determine the amount of leave to be bought back. Payroll will notify the Lieutenant when all available sick leave and/or vacation leave has been used, and then the employee will keep additional worker's compensation time loss payments until he/she is able to return to work. The City will continue to pay its portion of health insurance premiums for up to a total of six 6) months while a Lieutenant is on "kept on salary" and subsequently receiving workers' compensation time loss payment. A Lieutenant who has been away from work due to an injury may not return to work without a written statement from the appropriate medical personnel stating the Lieutenant is able to resume his/her job duties, or specifying limits on duties which can be performed. �n IN WITNESS WHEROF, we have set out hands this � day of February, 2010. FEDER.AL WAY POLICE ASSOCIATION acy Gro snickle, President CITY OF FEDERAL WAY Skip Priest, Mayor Approved as to form: Patricia A. Richardson, City Attorney Page 2 of 2 MOU K:\union\Lt�2011 agr�lcept on salary MOU 12-13-10 COUNCIL MEETING DATE: February 15, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: � Q. SUBJECT: AMEND FEDERAL WAY REVISED CODE REGARDING PAWNBROKERS AND SECONDHAND DEALERS POLICY QUESTION Should the City Council approve and adopt the proposed modifications to Chapter 12.15 of the Federal Way Revised Code regarding pawnbrokers and secondhand dealers? COMMITTEE: PRHS&PS CATEGORY: ❑ Consent ❑ City Council Business STAFF REP01tT BY: Chief Brian Wilson MEETING DATE: 02/08/2011 /1 ■ Ordinance Resolution ❑ Public Hearing ❑ Other DEPT Police Attachments: Staff report and proposed ordinance amending Chapter 12.15 of the Federal Way Revised Code ("FWRC") regarding pawnbrokers and secondhand dealers. Options Considered: 1. Approve the proposed ordinance amending Chapter 12.15 of the FWRC regarding pawnbrokers and secondhand dealers, and adopt at the March 1, 2011 City Council Meeting. 2. Modify the proposed ordinance amending Chapter 12.15 of the FWRC regarding pawnbrokers and secondhand dealers, and adopt at the March 1, 2011 City Council Meeting. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: „�� DIRECTOR APPROVAL: �. �✓+I�rvj��/� ,Q,f,.►�v� ¢k Comr it ee Coun Committee Council COMMITTEE RECOMMENDATION I move to forward the proposed ordinance to First Reading on February 1 S, 2011City Council meeting. C Committee Chair COUNCIL MOTION(S): � . , � r�--" ber Committee Member 1 READING OF ORDINANCE (FEBRUARY 15) I move to forward approval of the ordinance to the March 1, 2011 Council Meeting for adoption. 2 READING OF ORDINANCE (MARCH 1): " I move approval of the proposed ordinance. " (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 t� �l CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: February 15, 2011 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Skip Priest, Mayor FROM: Brian J. Wilson, Chief of Polic / � I SUBJECT: Amend Federal Way Revised C e Regarding Pawnbrokers and Secondhand Dealers The proposed amendment addresses precious metals and secondhand dealers, which is necessary because the Federal Way Police continue to catch thieves and drug addicts who have stolen jewlry. No comprehensive statitics on gold or jewelry thefts are available, but burglaries have increased 18 percent and those burglaries involving jewelry has increased 24 percent overall in 2010 in comparison to same time last year. The current environment has created a market for stolen items and thus perpetuates the cycle of crime. This crime trend is not isolated to our community but a nationwide phenomena with high precious metal prices and hard economic times. The proposed regulations address secondhand dealers, create a temporary business license for secondhand dealers, and create an enfarcement mechanism whereby failure to document transactions andlor display registration documents is a gross misdemeanor. The lack of current regulations on secondhand dealers, coupled with the skyrocketing price of gold and silver is most likely correlatedto an increase in home burglaries where jewelry is targeted. Due to the market price of precious metals, there has been an increase of secondhand dealer precious metal business type of operations from individuals desiring to exploit the market condition. These precious metal exchanges have opened in unusual places in our community like gas station and grocery store with "Cash for Gold" sign holders cropping up at busy intersections urging to sell gold and silver at these locations. All of which appears to be a growth in criminal trade. It is the interest of the citizens to amend the Federal Way Revised Code regarding the pawnbrokers and secondhand dealers to reverse the booming cash-for-gold business for those criminals converting it into a quick payday at these shops. The amendment to the exising ordinance will require the secondhand dealers to obtain the identification of the person conducting the transaction, enter the information into the data base regulated by the Police Department and retention period of 45 days before selling or disposing of any article. The intent is to discourage many criminals from anonymously selling stolen jewerly; increase the opportunity to recover stolen items; and prosecutethe suspects. The proposed revision is similar to the emphasison scrap metal laws, which were enacted several years ago. It is my understanding that similar revisions may be proposed in the State Legislature this session. It is the recommendation of the staff that the City Council approve the proposed ordinance amending Chapter 12.15 of the FWRC regarding pawnbrokers and secondhand dealers. 2 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Pawnbrokers and Secondhand Dealers; amending FWRC 12.15.010, 12.15.140. 12.15.230, 12.15.240, 12.15.290, 12.15.300; and adding new sections to 12.15.330. (Amending Ordinance Nos. 09-600 and 90-57) WHEREAS, the market price of precious metals has increased significantly and there has been a proliferation of pawnbroker and secondhand dealer precious metal businesses type of operations from individuals desiring to exploit the market conditions; and WHEREAS, the presence of these businesses in neighborhoods is linked to increased home burglaries, which threatens the health and safety of City of Federal Way residents; and WHEREAS, the City of Federal Way City Council finds that it is in the best interest of the citizens to further address the pawnbroker and secondhand dealer businesses. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 12.15.010 is hereby amended to read as follows: 12.15.010 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. "Identified as stolen or pawned without authorization" means any property which has been reported by the rightful owner to a law enforcement authority as missing or stolen. "Melted metals" means metals derived from a metal junk or precious metals that have been reduced to a melted state from other than ore or ingots which are produced from ore that has not previously been processed "Metal iunk" means anv metal that has previously been milled shaped stamped or forqed and that is no lonqer useful in its oriqinal form except precious metals "Nonmetal iunk" means anv nonmetal commonly discarded item that is worn out or has outlasted its usefulness as intended in its oriqinal form except nonmental junk does not include an item made in a former period which has enhanced value because of its aqe• Ordinance No. 10- Page 1 of 6 Rev 1/10 "Pawnbroker" means every person who takes or receives by way of pledge, pawn or exchange goods, wares, or merchandise of any kind of personal property for the repayment of security of any money loaned thereon, or to loan money on deposit of personal property, or who makes public display of any sign indicating that he has money to loan on personal property on deposit or pledge. "Pawnshop" means every place at which a pawnbroker business is being conducted. "Precious metals" means gold silver and platinum "Rightful owner," unless otherwise proven, means the person having possession of the property prior to the theft or removal without authorization. "Secondhand dealer' means aeverv person who, as a business, engages in whole or in qart in the purchase, sale, barter, sale on consignment, or otherwise exchanges for value secondhand goods_includina metal iunk, melted metals whether or not the �erson maintains a fixed place of business Secondhand dealer also includes persons or entities conductina business at locations within the City includinq but not limited to flea markets, swap meets, hotels, aas stations tattoo parlors and taverns and conductinq business more than three times per year; , , , , , , , , � � , "Secondhand goods" means anv item of personal property offered by sale which is not new, includinp metals in any form except postage stamps coins that re leqal tender bullion in the form of fabricated hallmarked bars used books and clothin of resale value of sevent -five dollars or less exceat furs Secondhand goods a�l-ase�-e� , � does not include used, remanufactured, or junk motor vehicles or boats. "Temporarv secondhand dealer license" means a license that will be issued by the Citv Clerk when the secondhand dealer intends to conduct business for ninety days or less at one location. Section 2. FWRC 12.15.140 is hereby amended to read as follows: 12.15.140 Required. �1,� It is unlawful for any person to engage in the business of pawnbroker or secondhand dealer without first obtaining a license pursuant to the provisions of this chapter. Everv license aranted under this title shall be posted in a conspicuous place in the place of business of the licensee (2) It is unlawful for anv person to eng aqe in secondhand dealinq for ninetv da or less at one location without first obtaining a Temporary Secondhand Dealer License from the City Clerk. Ordinance No. 10- Page 2 of 6 Rev 1/10 Section 3. FWRC 12.15.230 is hereby amended to read as follows: 12.15.230 �ese��s-Information Reauired to be entered into data base and into a business book. ��r„� (1) Data base. Everv pawnbroker and secondhand dealer shall enter within twenty four (24) hours anv and all reauested information into the data base prescribed by the law enforcement a�qency (2) Business book Every pawnbroker and secondhand dealer shall maintain at his or her place of business a book in which he or she shall at the time of such loan, purchase or sale, enter, in the English language, written in ink, the following information: (�a) The date of the transaction; (�b) The name of the person conducting the transaction and making the entries required in this chapter; (�c) The printed name, signature, age, date of birth, height, weight, address, telephone number, the general description of the dress, complexion, color of hair and facial appearance of the person with whom the transaction is had, including the identification which the customer shall present to verify his or her identity, and the account or other number of such identification; (4d) The name, address and telephone number of the owner of the property bought or received in pledge; (5e) The address of the place from which the property bought or received in pledge was last removed; (6fl A description of the property bought or received in pledge, which shall include the name of the maker of such property or the manufacturer thereof and the serial number, if the article has such marks on it, or any other inscriptive or identifying marks; provided, that when the article received is furniture or the contents of any house or room actually inspected on the premises where the sale is made, a general description of the property shall be sufficient; (�g) The price paid or the amount loaned; (�h) The number of any pawn ticket issued therefore; or (�i) Comply with the provisions of RCW 19.60.020(1). Section 4. FWRC 12.15.240 is hereby amended to read as follows: 12.15.240 Records and articles to be available for inspection. L1.� All books and other records of any pawnbroker or secondhand dealer relating to the purchase, pledge, exchange or receipt of any goods, wares, merchandise or other articles or things of value shall at all times be open for inspection by members of the law enforcement authority for the city and shall be kept for three years. All articles and things received, purchased or left in pledge with the pawnbroker or secondhand dealer shall at all times be open to like inspection. Ordinance No. 10- Page 3 of 6 Rev 1/10 (2) Uaon reauest from law enforcement every pawnbroker and secondhand dealer doin business in the Cit shall furnish a full true and correct transcri t of the record of all transactions conducted on the preceding day These transactions shall be recorded into the database prescribed by law enforcement within finrenty four hours Section 5. FWRC 12.15.290 is hereby amended to read as follows: 12.15.290 Retention period. No secondhand dealer shall sell or dispose of any article received or purchased or permit them to be removed from his or her place of business within �545 days after the receipt of such goods has been reported to the law enforcement authority for the city as provided herein, except when the goods have been inspected by the law enforcement authority for the city and they have authorized the secondhand dealer to dispose of such goods within a lesser period of time; provided, that consigned property need only be held for three days prior to sale. Section 6. FWRC 12.15.300 is hereby amended to read as follows: 12.15.300 Hours of operation. � It is unlawful for any pawnbroker or secondhand dealer to conduct or carry on the business of the pawnbroker or secondhand dealer, in whole or in part, directly or indirectly, or to open or keep open, his or her �a�qc�--place of business for transaction of any business whatsoever therein, befinreen the hours of 8:00 p.m. and 7:00 a.m., except that from December 1st to December 24th of each year, when pawnbrokers may remain open until 10:00 p.m. Section 7. Chapter 12 of the Federal Way Revised Code is hereby amended to add a new section 12.15.330 to read as follows: 12.15.330Prohibited Acts — Penaltv RCW 19.60.066 is herebv adopted by reference It is a g ross misdemeanor for• � Any person to remove alter or obliterate any manufacturer's make model or serial number, personal identification number or identifying marks enqraved or etched upon an item of personal property that was purchased cosi gned or received in pledqe. In addition an item shall not be accepted for pledge or a secondhand purchase where the manufacturer's make model or serial number personal identification number or identifying marks engraved or etched upon an item of ersonal ro ert has been removed altered or obliterated� Ordinance No. 10- Page 4 of 6 Rev 1/10 � Anv person to knowinaly make cause or allow to be made any false entry or m�sstatement of anv material matter in any book record or writin required to be keat under this chapter• �. An�[ pawnbroker or secondhand dealer to receive any property from any erson under the aqe of eiqhteen vears anv aerson under the influence of intoxicating li uor or druas or anv person known to the pawnbroker or secondhand dealer as havinq been convicted of burqlary robbery theft or possession of or receivinq stolen propertv within the past ten years whether the person is acting in his/her own behalf or as the ag of another• � AnYpawnbroker to engage in the business of cashinq or selling checks drafts, monev orders. or other commercial paper servin the same purpose unless the pawnbroker comalies with the provisions of chapter 31 45 RCW� or �5,2 Anv person to violate knowingly any other provision of this chapter Section 8. 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 9. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 10. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 10- Page S of 6 Rev 1/10 Section 11. 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\code update — pawnbrokers precious metals.doc Ordinance No. 10- Page 6 of 6 Rev 1/10 Pawnbrokers and Secondhand Dealers Legislation CURRENT FWRC PROPOSED STATE PROPOSED REVISIONS TO LEGISLATION FWRC Definitions No definitions Revise "secondhand Add definitions of "melted addressing metals dealer" to include metals," "metal junk," temporary, transient "non-metal junk," and businesses "precious metals" Expands "secondhand dealer" Expands "secondhand goods" Add definitions of "Temporary dealer license" Record Keeping Requires certain Creates additional Would require that records requirements records regarding each record keeping regarding each and every transaction be requirements for transaction be maintained and maintained at business precious metal entered into police database location transactions — records system to be maintained at lace of business Retention 15 days 30 days Increase from 15 to 45 days for period for goods 45 days for precious all goods metals List of people If police chief with theft provides list of people convictions convicted of theft, business is required to utilize list and not do business with people who have been convicted of theft Hours of Restricts pawnbrokers Would restrict secondhand Operation from operating from dealers to same hours of 8:00 pm to 7:00 am o eration as awn brokers Temporary Does not currently Temporary secondhand dealer secondhand address license required for secondhand dealers dealers doing business for less than 90 days Penalties General criminal and Adds Class C felony Would adopt specific prohibited civil penalties as acts and penalties from RCW outlined in Title 1 of 19.60.066, making violation of FWRC this chapter a gross misdemeanor (up to 365 days in jail and $5,000 fine)