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Council PKT 03-15-2011 RegularCITY OF ,�,... Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall March 15, 2011 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE Presented by Cub Scout Pack #307 3. PRESENTATIONS a. Decatur High School Cheer Squad b. State of Municipal Court — Judge Larson & Judge Robertson c. Mayors Emerging Issues 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 ful/ 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 — March 1, 2011 Special and Regular Meeting ...paye 3 b. Naming of the Brooklake/Spur in Honor of Thais Bock...page 11 c. Stormwater Video Inspection System — Bid Award...page �s d. NPDES Requirements: Annual Report/Update to the Surface Water Management Plan (SW MP) ...page 19 e. Department of Ecology Stormwater Algae Grant — Grant Acceptance...page �a f. Authorization to Apply for King County Conservations Future Funding...page 85 g. 20' Ave. South (S 316th Street to S 314 Street) — 85% Design Status Report...page ss h. S. 320 Street at I-5 Ramp — Local Agency Agreement...page so i. 2011 Asphalt Overlay Bid Award ...page �os The Council may add items and take action on items not listed on the agenda. Neighborhood Stabilization Program 3 partnership with Habitat for Humanity - WA Department of Commerce RFP...page ��2 6. COUNCIL BUSINESS a. Community Development Block Grant Direct Entitlement...paqe �3� b. Draft RFQ/RFP for former AMC Theatre Site Redevelopment — Action...page �s8 7. ORDINANCES First Reading a. CB #569 Amend FWRC Reqardinq Real Estate Siqns in the Riqht-of-Wav of Residential Zoninq Districts ...paqe �s� An ordinance of the City of Federal Way, Washington, relating to implementation of a pilot program that permits real estate signs in the right-of-way of residential zoning districts; adding a new section to FWRC 19.140.095. b. CB #570 Amend FWRC Title 9 Reqardinq Animal Services...paqe 2os An ordinance of the Cify of Federal Way, Washington, relafing to animal services; amending FWRC 9.05.010, 9.18.100, 9.18.110, 9.25.030. Second Reading: c. CB #567 Amend FWRC Reqardinq Pawnbrokers and Secondhand Dealers ...paqe 2�s 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, 12.15.290, 12.15.300 and adding a new section to 12.15.330. d. CB #568 Carrv Forward Budqet Adiustment...page 227 An ordinance of the City of Federal Way, Washington, relating to Budgets and Finance fo Carry Forward Funds Revising the 2011-12 Biennial8udget. 8. COUNCIL REPORTS 9. MAYORS REPORT 10. EXECUTIVE SESSION � Collective Bargaining pursuant to RCW 42.30.140(4)(b) • Potential Litigation pursuant to RCW 42.30.110(1)(i) 11. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. COUNCIL MEETING DATE: March 15, 2011 ITEM #: Sa CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBdECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the March l, 2011 Special Meeting and March 1, 2011 Regular Meeting? COMMITTEE: N/fl CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: Carol MCN� Attachments: ❑ Ordinance ❑ Resolution , City Clerk MEETING DATE: N/f1 � Public Hearing ❑ Other DEPT: Human Resources Draft meeting minutes from the March 1, 2011 Special Meeting; and March 1, 2011 Regular Meeting. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR RECOMMENDATION Mayor recommends approving the minutes as presented. CITY CLERK APPROVAL: N/f1 DIRECTOR APPROVAL N/A N/f1 Conunittee Council Committee Council COMMITTEE RECOMMENDATION: N/fl PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/31/2010 RESOLUTION # CITY OF , '�... Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING / OPEN HOUSE Council Chambers - City Hall MARC H 1, 2011 5:30 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 5:32 p.m. Councilmembers present: Mayor Skip Priest, Deputy Mayor Dini Duclos, CouncilmemberJim Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, CouncilmemberJeanne Burbidge and Councilmember Roger Freeman. Mayor Priest excused Councilmember Jack Dovey. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. FORMER AMC THEATRE SITE REDEVELOPMENT VISION Economic and Community Development Director Patrick Doherty stated the former AMC Theatre site was purchased January 2007 for $4.1 M. A Request for Proposal (RFP) was issued in 2007; however, the purchase and sale agreement fell through. The site is again available for redevelopment through an RFQ/RFP process. Mr. Doherty reviewed the Desired Components of the Vision as well as the Project Vision and Principles sections of the RFQ and asked Council forfeedback on whattheywould like to see included in this section. Mayor Priest stated the Council could provide guidelines regarding the open public space and may want to discuss if there should be height limitations included in the RFQ/RFP. Councilmember Freeman stated he prefers eliminating the high-rise (over 20 stories) element from the RFQ/RFP. Councilmember Kochmar asked if the City needed to get an appraisal on the property. Mr. Doherty stated an appraisal would be required to sell the property. Councilmember Kochmar stated she would like to review the height guidelines in the Comprehensive Plan. Deputy Mayor Duclos would like to leave the vision open, and not cut people off to see what types of developments are proposed. Councilmember Ferrell supports mixed use (retail and office) development as well as an open green space/plaza. Councilmember Burbidge would like to see an open space in conjunction with a green space. City Council Minutes — March 1, 2011 Special Meeting Page 1 of 2 She supports flexibility regarding height restrictions and would like to maintain some of the current view corridors. Councilmember Park would like the Council to remain as flexible as possible and keep in mind the current economic climate. In regards to the timeline, he prefers to take the slower timeline. Mayor Priest recommended remaining flexible during the initial process as well as with the timeline. Mr. Doherty reviewed two timelines for the RFQ/RFP. Timeline A is from February through August. Timeline B is from February through October. MOTION: Deputy Mayor Duclos moved to approve the RFQ/RFP timeline A and incorporate Council comments and direction on the "Project Vision and Principles" verbiage. Councilmember Ferrell second. Public Comment: Diana Noble- Gulliford encouraged the Council to consider the view from the Civic Center. She supports a open green space inclusion and suggested having a Veterans Memorial at the site. She does not support tax abatement. Nancv Combs envisions a beautiful city with lots of shops. She wants the citizens to tell the Council what they want to see in the City, not have the Council decide. Lvnda Jenkins -Federal Wav Historical Societv provided some historical information by stating numerous high rise buildings have been proposed in Federal Way, going as far back as 1965. VOTE: Motion carried 6-0. 3. EXECUTIVE SESSION The Council adjourned to executive session at 6:30 p.m. to discuss potential litigation pursuant to RCW 42.30.110(1)(i) for approximately 30 minutes. The Council adjourned from executive session at 6:53 p.m. 4. ADJOURNMENT Mayor Priest adjourned the meeting at 6:54 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — March 1, 2011 Special Meeting Page 2 of 2 CITY OF ,� Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall March 1, 2011 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:04 p.m. Councilmembers present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember JimFerrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember Jeanne Burbidge and Councilmember Roger Freeman. Mayor Priest excused Councilmember Jack Dovey. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Diana Noble Gulliford led the pledge of allegiance. 3. PRESENTATIONS a. Volunteer Recoqnition Mayor Priest stated there is a proclamation and a presentation on tonighYs agenda. The proclamation; "Spread the Word to end the Word; Erase the "R" Word Daywas discussed and will be presented to Sharon Boyle, who has volunteered with the Special Olympics for the past 28 years. The presentation was from members of The Rhythmic Arts Project (TRAP), which is held at the Federal Way Community Center, and staffed by Kevin Hutchinson. Tonight's TRAP participants are Heather Leuty and Amy Novak, program volunteers are Rob Sanders, Gayle and Roger Simmons and Laura Campbell. Rob Sanders stated the TRAP Program was established in 1997 in California. The TRAP participants gave a short demonstration of their drumming. b. Mavors Emerqinq Issues Mayor Priest stated there were no emerging issues. City Council Minutes — March 1, 2011 Regular Meeting Page 1 of 5 4. CITIZEN COMMENT Norma Blanchard spoke in support of changing the numberof signatures required underthe initiative process. Diana Nob►e-Gulliford, Past President of the Federal Way Historical Society, stated the Historical Society co-sponsored a program on the History of Redondo that was standing room only. She would like to see a program similar to that that focuses on Federal Way. Jerry Knutzen, President of the Federal Way Historical Society spoke to the importance of preserving the history of Federal Way. Don Rand spoke in opposition of extending the hold period to 45 days for pawnbrokers and second hand dealers. Bettv Tavlor spoke regarding the Community Enhancement Grant Program. She stated she will be submitting a grant on behalf of the Waterbury Apartment Complex. Denise Yun asked the Council about an ordinance passed in 1992 relating to the initiative process. Renee Criss spoke in opposition of extending the hold period to 45 days for pawnbrokers and second hand dealers. Tonv Moore, President of the Federal Way School Board thanked the Council for the City's efforts with the book donation program — especially the Diversity Commission. Rov Parke submitted written comments for the City Clerk to read into the record regarding eminent domain cases and requesting public records. 5. CONSENT AGENDA /tems 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 15, 2011 Regular Meeting Approved b. Vouchers Approved c. Year-End Financial Report Approved d. Green City Federal Way Approved e. Purchase of Police Vehicle Radios Approved f. Final Lodging Tax Advisory Committee Budget Recommendations Approved g. Resolution: Procedures for Surplus Property Disposal Approved Resolution 11-602 MOTION: Deputy Mayor Duclos moved approval of items 5a through 5g; Councilmember Park second. VOTE: Motion carried 6-0. City Council Minutes — March 1, 2011 Regular Meeting Page 2 of S 6. COUNCIL BUSINESS a. Amendment to Council Rules — Travel and Expenses City Attorney Pat Richardson reviewed the amendments to the City Council Rules of Procedure: Section 16.9 Replace "City Manager with "Mayor" in line 3. Delete phrase "other than non-refundable" to reflect current practice, which is in accordance with the State Auditor: reimburse or pay the lowest amount. Section 16.10 Insert "Deputy" before Mayor — Legislative representative approved exceptions for Councilmembers. Section 16.11(2) Delete phrase "other than non-refundable" to reflect current practice, which is in accordance with the State Auditor: reimburse or pay the lowest amount. Section 16.11(4) Delete phrase "other than non-refundable" to reflect current practice, which is in accordance with the State Auditor: reimburse or pay the lowest amount. Section 16.11(6) Delete phrase "other than non-refundable" to reflect current practice, which is in accordance with the State Auditor: reimburse or pay the lowest amount. Insert "Deput�' before Mayor in sixth line — Legislative representative approves exceptions for Councilmembers. Section 16.22 Delete "special" and insert "Deput�' before Mayor - Legislative representative approves all travel for Councilmembers. Section 16.24 Mayor or Staff approves the reimbursement form. Section 16.26 Clarification — Second to last paragraph: The Deputy Mayor approves travel and expenses allocated in the budget. New paragraph — For travel and reimbursement requested for Council and not allocated in the budget, the Deputy Mayor consults with the Mayor. MOTION: Deputy Mayor Duclos moved to amend section 16 of the City Council Rules of Procedure regarding travel and expenses as presented; Councilmember Kochmar second. VOTE: Motion carried 6-0. 7. ORDINANCES First Reading: a. Council Bill #568 Carry Forward Budqet Adiustment An ordinance of the City o Federal Way, Washington, relating to Budgets and Finance fo Carry Forward Funds Revising the 2011-12 Biennial Budget. Finance Director Tho Kraus stated the carry forward budget adjustment makes the following types of modifications to the current biennium budget: City Council Minutes — March 1, 2011 Regular Meeting Page 3 of S Revise Beginning Fund Balance — adjusts the beginning fund balance from the estimated amount used during budget deliberation to the actual as we conclude fiscal 2010 activities. Continue existing projects — appropriate projects that were budgeted in the prior year, but not completed and will continue during the current year. Grant Funded Projects — appropriate projects funded by grants and contributions. Technical Adjustments — correct the adopted budget and incorporate programs Council previously approved. New Programs — on an exception basis appropriate projects not previously approved by Council. Other— reduce budgets due to frugal innovation and management changes. The proposed carry forward is comprised of $1,290K for continuation of existing projects, $39K for technical adjustments, $851 K for new program requests, offset by ($961 K) reductions due to management changes/frugal innovation. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Park moved to forward the ordinance to the March 15, 2011 City Council meeting for adoption; Councilmember Kochmar second. VOTE: Motion carried 6-0. Second Reading: b. Council Bill #567 Amendments to FWRC Reqardinq Pawnbrokers and Secondhand Dealers An ordinance of the City o Federal Way, Washingfon, 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. Police Chief Brian Wilson requested that Council postpone action on this item until the March15, 2011 City Council meeting. Staff is following this item in the State Legislation. MOTION: Councilmember Ferrell moved to continue this item to the March 15, 2011 Council meeting; Councilmember Freeman second. VOTE: Motion carried 6-0. 8. COUNCIL REPORTS Councilmember Ferrell stated the YMCA Mock Trial Program is not active in Federal Way. He attended the Community in Schools breakfast last week, and the week prior he attended the King County Councilmember Pete Von Reichbauer's "Good Egg" Breakfast. Councilmember Kochmar stated the Federal Way Historical Society hosted a wonderful presentation on the history of Redondo. The next LUTC meeting is March 7, 2011. She also commented on an upcoming Suburban Cities Association Public Issues Committee meeting. City Council Minutes - March 1, 2011 Regular Meeting Page 4 of S Deputy Mayor Duclos reported the South Sound Legislative Committee has created a regional transportation plan that they are promoting. She also reported on the Cascadia Med-Tech Center and some of their upcoming projects. Councilmember Park reported he participated in the book reading program with the School District. He reported a volunteer has filled the Korean Liaison Position at City Hall. The next FEDRAC meeting is March 29. Councilmember Park will be attending the Regional Law Safety and Justice Committee meeting on March 31. Councilmember Burbidge reported the next PRHSPS meeting is March 8, 2011.She also reported on upcoming Arts and Music events in the community. Councilmember Freeman thanked the Council for participating in the book reading program. He would like to see some of the school clubs being honored at City Council meetings. He noted the Federal Way National Little League will have their kickoff jamboree on April 16, 2011. 9. MAYORS REPORT Mayor Priest reported that the Council would be recognizing individuals and groups at the first Council meeting of each month. 10. EXECUTIVE SESSION � ��4on4i�+l I i4irY.+4i�n r,� �rc� ��+n4 +., R!"`\A/ A'� '2(1 � �!1/� \/i\ The Council did not adjourn to executive session. 11. ADJOURNMENT With no additional business before the Council, Mayor Priest adjourned the meeting at 8:17 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — March 1, 2011 Regular Meeting Page 5 of S COUNCIL MEETING DATE: March 15, 2011 CITY OF FEDERAL WAY ITEM #: CITY COUNCIL AGENDA BILL SUBJECT: NAMING OF THE BROOKLAKE OVERLOOK/SPUR IN HONOR OF THAIS BOCK POLICY QUESTION Should the Brooklake overlook/spur on the West Hylebos boardwalk be named in honor of Thais Bock and authorization given for a memorial plaque consistent with the City donation and memorial policy? COMMITTEE PRHSPS CATEGORY: � Consent ❑ City Council Business � � Ordinance Resolution MEETING DATE: Mar 8, 2011 ❑ Public Hearing ❑ Other STAFF REPORT BY: Stephen Ikerd Parks & Facilities Manager DEPT PRCS _. . . . . . _............._ ..............................._..................._.........._......._....._....._..................._...._............................._. _ ....................................._.............................._......_......._........... ..... .... . . .. . .......... .. ..........._.............................................................. . .. ... Attachments: Letter of request and copy of Resolution 91-57 naming policy. Options Considered: #1- Approval of the Brooklake overlook/spur to be named in honor of Thais Bock and authorization given for a memorial plaque. #2 Do not approve the naming of the Brooklake overlook in honor of Thais Bock and give staff direction. MAYOR'S RECOMMENDATION Approval of option #1 to name the Brooklake overlook/spur in honor of Thais Bock and authorization given for a memorial plaque. MAYOR APPROVAL: -- +� _ , /� DIRECTOR � � r �'��'�j�'`� APPROVAL: �� Co 'ttee Counc� Committee Council COMMITTEE RECOMMENDATION: I move to fonvard the naming o the Brooklake overlooklspur in honor of Thais Bock and authorization given for a memorial plaque to the full Council March 1 S, 2011 consent agenda for approval. � �C/,G�-�i � Committee Chair Member PROPOSED COUNCIL MOTION "I move approval of the naming of the Brooklake overlook/spur to be named in honor of Thais Bock and authorization given for a memorial plaque. " W TO BE COMPLETED BY CITY CLERKS COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOV EU TO SECOND READING (ordinnnces onl�) REVIS�D— 08/12/2010 � COUNCIL BILL # I reading Enactment reading ORDINANCE # RESOLUTION # Mayor Skip Priest City Of Federal Way 33325 8` Ave S., Federal Way, WA 98003 Mayor Priest, February 25, 2011 The intent of our letter is a request to honor one of our city's pioneer conservationists, Thais Bock, who passed away Feb. 25, 2010. We propose naming the Brooklake Spur of the West Hylebos Wetlands Boardwalk in her honor. On our first visit to the Hylebos, Thais introduced us to the Marck�c family, who themselves had realized the treasure of the wetland they owned. Her knowledge of birdlife in the area. was well studied, and amazing in scope and depth. For decades, she taught classes on bird�ng, ar�d led countless birding field trips throughout the county and state. She helped to build a network of birders throughout the region. Thais had a special fondness for the West Hylebos Wetlands and worked to increase understanding and awareness of the West Hylebos Wetlands and the Hylebos Creek watershed. She was instrumental in developing bird surveys of the park that allowed the local community and decision makers to properly value the park as a key birding habitat. Working through Friends of the Hylebos, she developed brochures and other public education materials that spread awareness of the park's unique birding habitat. Mrs. Bock was one of the founding members of the Tahoma Audubon Society and founder of the Rainier Audubon Society. Through her continued involvement in each, she was instrumental in developing knowledge and awareness of native bird populations in the South Puget Sound area. In addition to the cultural impact of Mrs. Bock's efforts to develop birding in the West Hylebos Wetlands and surrounding areas, Mrs. Bock played an important role in the preservation of the West Hylebos Wetlands. She was a close friend of the West Hylebos Wetlands' founders, Ilene and Francis Marckx, and worked closely with local conservationists to secure preservation of the park. In addition, Mrs. Bock also led the successful efforts to preserve the Dumas Bay Preserve and the Peasley Canyon heron rookery. In recognition of her lifetime of conservation work in the Federal Way area, the Friends of the Hylebos honored her with its Lifetime Stewardship Award in 2009. As advocates for protection of West Hylebos Wetlands, it has been exciting to see this park become a jewel in the Federal Way park system. The boardwalk improvements, interpretive signs and connecting trails brought the vision of many residents to reality. Dedicating the Brooklake Spur to Mrs. Bock would be an ideal part of the West Hylebos Wetlands to bear tribute in her dedication to the park. This section of the boardwalk, including the overlook at Brooklake, is one of the prime areas of the park for outstanding bird and wildlife observation. Respectfully yours, Adele and Mark Freeland 5150 SW 326 Pl Federal Way, WA 98023 RESOLUTION No. y�-�� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDER�,L WAY, WASHINGT�N, RELATING TO PARKS AND PUBLIC FACILITIES, CREATING A POLICY AND PROCEDURE FOR ?7AMING/RENAMING CITY PARKS A?�D ="�('T?.TTI � �. WHEREAS, the City Council may have occasions to nar�e or rename City parks and otrier Czty facilities; and T�,'HE�EAS, it is appropriate to es�.ablish criteria and procedures for the official naming/renaming of City parks and other facilities; NOW, THEREFORE, THE CITY COU2vCIL CF THE CTTY OF FEL`=R�L A:�Y, T','ASHIP.TGTON, DOES HEREBY RESQ�V£ AS FOLLOhS: Section 1 - A. The naming/renaming af City Parks and other City facilities shall only be in accordance with the procedures and criteria set forth below. or�ce adopted, name changes should only occur on an exceptional basis. B. The following criteria shaJ.]. be considered: 1. Neighborhood or geographical identification; 2. NaturaZ or geological features; 3. Historical or cultural signa.ficance; 4. The individual or entity wha has donated substanta.al monies or land ar has been otherwise instrumental in the acquisition of the property. 5. The articulated preference of residents of the neighborhood surrounding the public facility. 6. Faci�ities shall not be named for living persons; however, exceptions may be considered when a significant contribution of land or money is made and the donor stipulates naming �Il� 2aC:_�l�y aS 3 �.G;lt�.2��.G:: Oi i.r� i::!';.d�iC.^. �: when an unusually outstanding public service would so justify. C. The �ollowing Nrocedures snall be follo��ed fcr naming/renaming of City parks and other City facilities: 1. The City shal]. solicit suggestions for names zrom organizations and individuals. Al1 sugqestions, whether solicited or independently offered, shall be acknowledged - and recorded by the City. 2. The Gity CounciJ., following review and recnmtnendations and public meetings by the City CounciZ and/or its designee, shall determine the name for City parks and other City facilities. 3. There shall be a lapse of at least twelve (7.2) months between �he date of the death of the person{s} or o£ the event commemorated and the issuance of the final Committee recommendatia� of the proposed park name. -2- . RESOLVED by the City Council of the City of Federal Way� this 2nd day of �pril Zggl, , CITY OF FEDERAL WAY MAYOR, DEBRA ERTEL ATTFST: %� � �/•! � 2'.,--� ' ' �/ ' � ti'_2�C.-(..� � ��TY CLERK ,.� N��JREEN M. SWAN�Y , CMC APPROVED AS T4 FORM: a __ _ �� . � � � i i' / ,' ` \ ' �/�'; . CITY ATTORNEX, SANDRA�DRISCOLL FILED WITH THE CITY CLERK: March 29, 1991 PASSEA BY THE CITY COUNCIL: Apzil 2, 1991 RESOLUTTON NO. 91-57 9112S4 —3— COUNCIL MEETING DATE: March 15, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TECT: Stormwater Video Inspection Equipment — Request for Quotes Award POLICY QUESTION Should the Council award the Stormwater Video Inspection Equipment — Request for Quotes to CUES Inc., the lowest responsive, responsible proposer? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ Ordinance MEETING DATE March 7 , 2011 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ O th e r STAFF REPOR'r BY: William Appleton, P. E., Surface Water Manager _Public Works _.._..._ ................_....___...._............_.__...._........ _.. _...._.. Attachments: Land Use and Transportation Committee memorandum dated March 7, 2011. Options Considered: 1. Award the Stormwater Video Inspection Equipment — Request for Quotes to CUES Inc., the lowest responsive, responsible proposer, in the total amount of $63,856.20, and authorize the Mayor to execute the contract. 2. Reject all proposals for the Stormwater Video Inspection Equipment — Request for Quotes and direct staff to re-advertise the proposal and return to Committee for further action. 3. Do not award the Stormwater Video Inspection Equipment — Request for Quotes to CUES Inc., to the lowest res onsive, res onsible ro oser and rovide direction to staff. _ .... _.........__ ............._..... _...P_ .............. ......._..._ ..P ___... . _.__............... .. .................._........... _ .._ ._.........._._ _..._......_....._..._.._._ .. ._.._. ............ .._........._...... ....._.. ............................ . . P ....P ............................... .P MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the March 15 2011 City Council consent agenda for approvaL MAYOR APPROVAL: {��'� � DIRECTOR APPROVAL: �_ � Committee Council Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the March 15, 2011 City Council consent agenda for approval. ^ „ _. I � rt Y J 6 � /"'� ^ /, � .-....... G�.N. �.��. ,r�-._.J _ Linda Kochmar, Chair PROPOSED COUNCIL MOTION: "I Quotes to CUES Inc, .the lowest res, Mayor to execute the contract. " �i�� Member � �c�.a,.�-�� Jack Dovev. Member �award the Stormwater video Inspection Equipment — Request for responsible bidder, in the amount of $63,SS6.20 and authorize the (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: March 7, 2011 Land Use and Transportation Committee VIA: Skip Priest, Mayor Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Manage FROM: William Appleton, P. E., Surface Water Manager �� SUBJECT: Stormwater Video Inspection Equipment —Request for Quotes Award BACKGROUND On February 7 Council granted approval to advertise a Request for Quotes to obtain Stormwater Video Inspection Equipment. Four (4) proposals were received and opened on February 22, 2011. See the attached Proposal Tabulation Summary for details. The lowest responsive, responsible proposer is CUES Inc. with a total proposal amount of $63,856.20 for the selected equipment. Reference checks by staff on CUES Inc. indicates that the vendor has satisfactorily provided similar equipment and services to Lakehaven Utility District, the City of Seattle, the City of Tacoma and numerous other cities. As a result, staff believes that CUES Inc. can successfully provide the equipment and services to the City's satisfaction. Therefore, the lowest responsive, responsible proposer is CUES Inc. in the amount of $63,856.20. Estimated Expenditures: Equipment and Service Sales Tax (9.5%) Total Cost Available Funding: Available Budget Balance $58,316.16 $ 5,540.04 $63,856.20 $85,000.00 21 143.80 City of Federal Way Proposal Evaluation Sheet Stormwater Video Inspection System Bid 'i Item ; Qty. ! Overall ! Selected Item Overall Selected Item Overall Selected Item Overall Selected Item Item � Proposal Pricej Pricing Proposal Pricing Proposal Price Pricing Proposal Price Pricing �.,.°; CUES 1 ARIES I�' ;;` g, t"' Envirosight " IBAK I � �P��ppB�il � Price Extension �5ct�d W��=�� Price {Q+�n ` � Price ,�° �{�ltk�s � ��'� Price �tt�ttrS�� (LOW ;-��e�8} _"_ Extension =��q��R�?�Rt):'. Extension � fit'�tet;�pt�'��°, Extension ,u,.. � .� ' PROPOSAL) �,` {Pr,o�i'sa€,. (1'�ro�3i�sal= � T�ct�rot�gYl:' A : ; 8 , � ,_ _, - . . :. 2 Steerable Camera Transporter 1 "(Wheel-Driven) - . _ __ A Inclinometer ' 1 ^--- B Skid System 1 _ _ _ --- 3 Non-Steerable Camera 1 Transporter (Chain-Driven) _ ___ 4 Mainline Power Reel 1 __ _ _ -- 5, Inspection Equipment Control 1 System -- -- - 6 Training and Technical Support ' 1 -- . _ . -- 7 Transporter/Guide Lift Poles 1 8 8 9 � u 8 10 Manhole Guide System 1 11 Camera Hoist System 1 . . _ I _. � Subtotal: � _._ - -- - < � WA Sales Tax (9.5%) Grand Total. � �M:� $14,900.11 $2,400.00 $900.OQ $4,943.92 $12,185.44 1,966. $23,697. - $3,589. $861. $7,698. -- -.__ . $11,088. $8,954. $4,666. - $628. ;$�(i'7:OE� $701.00 _'� •. . $��$.F�t� $718.oC _ _ __ -- --- — --- $'1,�79.9q $1,979.94 ��, $��q4 $2,552.00 76,300.00 $58,316.16 96,804 80,11f _-__---- ------ ---- --__------ -- -- $7,248.50 $5,540.04 $9,196 $7,611 83,548.50 $63_856.20 $106,000.38 87,729.21 $0. $0. $0. $0. -- ._$0. $1,600. __ _— $0. 10, 378 Date: Z L2 !/ ..< ; Option deemed as not worthwhile. , — ----- --... — -- $26,928.00 $2,640.00 ----- -- . —__ _--_._ . — -- --- ---_ ------------- $0.00 $28,107 $13,147 $694. Option deemed as not worthwhile. Plan to purchase item by obtaining separate written qoutes after reviewing demo of new Envosight Pole camera. $1,767. "Bid" discount- Envirosight Page 1/1 COUNCIL MEETING DATE: March 15, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUB.TECT: NPDES Permit Requirements/Annual Report and SWMP POLICY QUESTION Should Council approve the 2010 Annual Report and Stormwater Management Program (SWMP) documents for submittal to the Department of Ecology as required by the Western Washington (NPDES) Phase II Municipal Stormwater Permit? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ Ordinance ❑ City Council Business ❑ Resolution MEETING DATE March 7 , 2011 ❑ Public Hearing ❑ Other STAFF REPORT BY: William A leton P.E.., SWM Mana er DEPT Public Works _.........._ .....................�........�................................._..._......_..........................................��................................................................................................._.........�..............................................................................._................................................................................_................_....._..........._..._.._...._..__......._......---.. Attachments: Land Use and Transportation Committee Memorandum dated Maxch 7, 2011 Options Considered: 1. Approve the 2010 Annual Report and S WMP documents and authorize the Mayor to submit documents to the Department of Ecology by March 31 S ` to satisfy the City's NPDES Permit obligations. 2. Do not approve the 2010 Annual Report and SWMP documents and provide direction to staff. MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the March 15, 2011 City Council consent agenda for approval. MAYOR APPROVAL: /� `� � DIRECTOR APPROVAL: �'� ` _ ,r�� Committee Council Committee Council COMMITTEE RECOMMENDATION: I move to forward Option 1 to the March 1 S 2011 consent agenda for approval. � �� e.�� --_' �--��..�-- �_.- _ inda Kochmar, hair Member � �' f.l_1-� ; Jack Dovey, Member PROPOSED COUNCIL MOTION "I m�o authorize the Mayor to submit the 2010 Annual Report and SWMP to the Department of Ecology by March 31 S ` to satisfy the City's NPDES Permit obligations. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL B[LL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 7, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor ��'"'� Cary M. Roe, P.E., Parks Recreation & Cultural Services Director, Public Works Director FROM: William Appleton, P.E., Surface Water Manager Hollie Shilley, NPDES Coordinator & Water Quality Specialist � SUBJECT: NPDES Permit Requirements/Annual Report and SWMP BACKGROUND• The National Pollutant Discharge Elimination System (NPDES) is a federal permit that regulates stormwater and wastewater discharges to waters of the State. While it is a federal permit, regulatory authority lies with Washington State Department of Ecology (DOE). The NPDES Phase II Municipal Stormwater Permit for Western Washington was issued by DOE on January 17, 2007 and went into effect on February 15, 2007. The permit requires that all affected municipalities create and implement a Stormwater Management Program (SWMP) which addresses six required program elements: 1) Public Education and Outreach, 2) Public Involvement and Participation, 3) Illicit Discharge Detection and Elimination, 4) Construction Site Run-Off 5) Operations and Maintenance of Post Construction Stormwater Facilities, and 6) Monitoring. While the Permit went into effect in February of 2007, the permit phases program implementation requirements through 2012. In addition to the SWMP, the permit also requires permittees to submit an Annual Report intended to update the DOE on the status of the permittee's compliance with the NPDES Phase II Permit. Annual Reports must be submitted to DOE on or before March 31S` of each year. Since the effective date of this permit, City staff has been working with the DOE and several regional forums to determine how to best meet the permit requirements. City staff has prepared the following documents to meet the 2010 SWMP and Annual Report requirements as specified under the permit. • The SWMP describes the City's applicable existing programs, as well as the plan to update and modify these programs as necessary to meet the requirements of the permit. The SWMP is a planning document which will be updated each year. • The components of the 2010 Annual Report include: a checklist detailing the status of individual permit requirements, a report describing the City's preparation for future monitoring requirements, and a Low Impact Development implementation report. cc: Project File Day File ` uTr oF �...�' Federal Way City of Federal Way Stormwater Management Program Updated March, 2011 Pursuant to the Western Washington Phase II Municipal Stormwater Permit # WAR 04 — 5516 Table of Contents BACKGROUND...............................................................................................................................1 INTRODUCTION..............................................................................................................................2 SECTION 1- PUBLIC EDUCATION AND OUTREACH ...................................................................3 1 .1 Permit Requirements (S5.C.1) ................................................................................ 3 1.2 Current Activites ...................................................................................................... 3 1.3 Planned Activites ..................................................................................................... 5 SECTION 2- PUBLIC INVOLVEMENT AND PARTICIPATION .......................................................7 2.1 Permit Requirements (S5.C.2) ................................................................................ 7 2.2 Current Activities ..................................................................................................... 7 2.3 Planned Activities .................................................................................................... 8 SECTION 3- ILLICIT DISCHARGE DETECTION AND ELIMINATION ............................................9 3.1 Permit Requirements (S5.C.3) ................................................................................ 9 3.2 Current Activities ..................................................................................................... 9 3.3 Planned Activities .................................................................................................. 10 SECTION 4- CONTROLLING RUNOFF FROM CONSTRUCTION SITES ....................................12 4.1 Permit Requirements (S5.C.4) .............................................................................. 12 4.2 Current Activities ................................................................................................... 12 4.3 Planned Activities .................................................................................................. 14 SECTION 5- POLLUTION PREVENTION AND OPERATIONS AND MAINTENANCE .................14 5.1 Permit Requirements (S5.C.5) ...................................:.......................................... 14 5.2 Current Activities ................................................................................................... 15 5.3 Planned Activities .................................................................................................. 16 SECTION 6- POLLUTION PREVENTION AND OPERATIONS AND MAINTENANCE .................17 6.1 Permit Requirements (S8.C) ................................................................................. 17 6.2 Current Activities ................................................................................................... 17 6.3 Planned Activities .................................................................................................. 17 Page i City of Federal Way NPDES Phase II Stormwater Management Program BACKGROUND The National Pollutant Discharge Elimination System (NPDES) is a federal permit authorized under the Federal Clean Water Act of 1972 (as amended in 1977) that regulates stormwater and wastewater discharges to waters of the State. While NPDES is a federal permit, it is primarily administered by state governments. The NPDES Phase II Municipal Stormwater Permit for Western Washington was issued by the Washington State Department of Ecology on January 17, 2007 and went into effect on February 16, 2007. While there are several types of NPDES permits, the municipal permit is intended to reduce the impacts from both point source (i.e. construction site runoffl and non-point source pollution carried by stormwater. Construction site run-off and non-point source pollution, such as oils and metals from cars, fertilizers and pesticides from lawns, soaps from car washes, and pet waste are major contributors to water quality degradation in our lakes, streams, wetlands and the Puget Sound. One of the major requirements under the Municipal NPDES Permit is that all affected municipalities create and implement a Stormwater Management Program (SWMP) which addresses the required program elements: 1) Public Education and Outreach, 2) Public Involvement and Participation, 3) Illicit Discharge Detection and Elimination, 4) Construction Site Run-Off 5) Operations and Maintenance of Post Construction Stormwater Facilities, and 6) Monitoring. While the permit went into effect in February of 2007, the permit phases program implementation requirements through 2012. On June 17, 2009, the Washington State Department of Ecology issued a general permit modification to address outcomes of appeals and orders made by the Pollution Control Hearings Board. This Western Washington Phase II Municipal Stormwater Permit modification became effective on July 17, 2009. Page 1 of 17 City of Federal Way NPDES Phase II Stormwater Management Program INTRODUCTION This document has been prepared to meet the City of Federal Way's Western Washington Phase II Municipal Stormwater Permit (Permit) requirement for development of a Stormwater Management Program (SWMP) identified in Section S5.A.2 of the Permit. The City's SWMP provides guidance on reducing the discharge of pollutants from the City's Municipal Separate Storm Sewer System (MS4) to the maximum extent practicable (MEP), meet Washington State's All Known and Reasonable Technology (AKART) requirements, and protect water quality once it is fully implemented. Many of the required SWMP elements are already being implemented by the City. The City gathers, tracks, maintains and uses information on an ongoing basis to facilitate development of the SWMP, its implementation, Permit compliance, and to set surface water related priorities. Pursuant to the requirements of the Permit, the SWMP is updated annually. The SWMP is a draft document and is used as a planning tool until such time as the SWMP and any supporting ordinances have been formally adopted by the City of Federal Way City Council. Relationship to 1995 Surface Water Manaqement Comprehensive Plan The following SWMP should be considered a draft update to Chapter III (Surface Water Utility Programs) of the City of Federal Way 1995 Surface Water Management Comprehensive Plan. The other chapters of the 1995 Comprehensive Plan are stitl in effect. Page 2 of 17 City of Federal Way NPDES Phase II Stormwater Management Program SECTION 1- PUBLIC EDUCATION AND OUTREACH 1.1 Permit Requirements (S5.C.1) . Develop education and outreach programs that are designed to reduce or eliminate behaviors and practices that contribute to or cause adverse stormwater impacts. • Prioritize and address the target audiences and subject areas listed in the permit based on stormwater issues and practices currently existing in Federal Way. . Measure changes in the understanding and adoption of behaviors by the target audience, and use that information to evaluate past programs and to direct future programs. . Maintain records of public education and outreach activities. • Summarize activities in the Annual Report. Program implementation was required by February 16, 2009. 1.2 Current Activities The City of Federal Way Surface Water Management Division (SWM) maintains an active Public Education and Outreach Program. SWM uses a variety of approaches to inform residents and businesses about stormwater pollution prevention, stewardship opportunities, capital improvement projects, watershed planning, and maintenance activities. The program is consistently evolving and expanding to reach new audiences and cover additional pollution prevention and stormwater related topics. Staff documents and maintains records of all public education activities. A summary of the major public education activities in 2010 is provided below. . Printed Materials- SWM produces and distributes a number of printed public educational materials (i.e. posters, brochures, booklets and flyers) on a variety of subjects related to improving water quality such as pet waste, vehicle maintenance, household pollution prevention, erosion and sediment control, and yard care. . Quarterly Newsletters- SWM produces three different newsletters quarterly which target different audiences: the general public, lake residents, and shoreline property owners. The newsletters cover a variety of topics on pollution prevention and general awareness of stormwater related issues. • SWM Web Pages- Surface Water Management maintains a comprehensive website that provides the public with information on the NPDES permit, pollution prevention, storm system maintenance, stewardship opportunities, and much more. . Public Access Channel 21- In 2010, the City of Federal Way broadcasted several programs on the local public access channel related to water quality including an educational program about stormwater management, a history of conservation efforts Page 3 of 17 City of Federal Way NPDES Phase II Stormwater Management Program related to the Hylebos wetlands, a program describing the goals of the Puget Sound Partnership, and a gardening series on natural yard care. In the spring, the station also ran all four of the television ads produced by the Puget Sound Starts Here campaign. Press Releases 8� Newspaper Articles- SWM crafted several Press Releases in 2010 promoting the Rain Garden Workshop, Charity Car Wash Program, and the Curb Marker and Stream Team programs. Articles in the local newspaper, the Federal Way Mirror, included a piece on household pollution prevention tips related to summertime projects, and an article describing how Federal Way's Car Wash Program helped a classroom in Colorado. . Targeted Mailings & Outreach- Outreach is often conducted to provide specific information to a narrow target audience. For example in 2010, SWM mailed out letters to every automotive related business in Federal Way describing the potential impacts of the industry on stormwater and highlighted Best Management Practices (BMPs) that should be implemented to minimize their impact. Targeted mailings were also sent out to Steel Lake and North Lake residents with specific information on pollution prevention related to lakes such as dock and boat cleaning BMPs, reasons not to feed the ducks, and ways to help prevent the spread of invasive species. In April, Federal Way and King County staff met with a group a group of representatives from several local property management companies to discuss proper stormwater BMPs specifically related to pressure washing activities. Volunteer Programs � Activities- Surface Water Management has several ongoing programs that encourage public involvement. The Stream Team and Curb Marker program receive many volunteers each year. In 2010 SWM hosted a number of additional volunteer activities including the Redondo Creek Cleanup, Lakota Creek Cleanup, and the Panther Lake and BPA Trail Cleanup events. SWM also led a rain garden planting event, two volunteer tree planting projects, . and a day of invasive plant removal at a shoreline park. • Rain Gardens 8 Natural Yard Care- In the fall, Surface Water Management provided a free Rain Garden workshop for Federal Way residents, landscapers, and contractors. In addition to learning how to design and build rain gardens, participants were invited to participate in the construction of a demonstration rain garden at a local public school. SWM provided a Natural Yard Care presentation at the City's annual Buds and Blooms event to encourage residents to reduce the use of chemicals in their yards which often become a pollutant in stormwater runoff. Fish Friendly Car Wash Program- The City has operated a very successful "fish friendly" charity car wash program for a number of years. The number of businesses and groups participating in this program consistently grows each year. Special kits, designed to divert wash water to the sanitary sewer system, are available from the City at no cost. In 2010 SWM improved the program by purchasing an additional car wash kit, incorporating survey questions into the checkout form, and by creating educational postcards to be handed out to car wash customers regarding the impacts of residential car washing on stormwater. Page 4 of 17 City of Federal Way NPDES Phase II Stormwater Management Program • Federai Way Public Schools- The Surface Water Utility waives the stormwater fee for the Federal Way School District and in exchange the School District provides surface water related public education to its students as part of its curriculum. SWM staff has also helped teachers at a few local schools, who have access to a stream, implement a water quality monitoring component to their curriculum. Each spring SWM holds a stream clean up event for students in an environmental program at Nautilus Elementary. Solid Waste and Recycling Program- The City's Solid Waste and Recycling Division (SWR) compliments many of the educational efforts of the Surface Water Management Division. SWR promotes household pollution prevention, proper disposal of chemicals, and proper handling of pet waste. SWR also provides Federal Way residents with information and options for disposal of used motor oil, leftover paint, and other liquids that pose a threat to surface water and the environment. The department also advertises the City's Spill Hotline number in a number of its publications. Regional Participation- SWM staff participates in a number of regional forums that focus on stormwater education: WRIA 9 Watershed Ecosystem Forum and Management Committee, Puget Sound Partnership Ecosystem Coordination Board, STORM, EcoNet, and the South King County Stormwater Outreach Group. The City of Federal Way also actively promotes the regional stormwater education campaign Puget Sound Starts Here. 1.3 Planned Activities SurFace Water Management is planning some additions to the Public Education and Outreach program in 2011. In January, SWM will introduce a new public education program, Salmon in City Hall. Staff will take care of several hundred salmon eggs which will be on display in the public lobby of Federal Way City Hall. The goal is to grasp the attention of residents, children and community members who visit City Hall and promote responsible behavior towards our water resources. Educational materials will highlight the relationship between people's everyday activities at home, stormwater, and the health of salmon. . A complete re-design and update of the Surface Water Management web pages will take place in March, and will include a new module for implementing online surveys and polls which can be used as a tool for measuring public understanding of stormwater issues and adoption of various stormwater BMPs. . In the spring, SWM will conduct a large-scale mailing of educational information to households within the greater Joes Creek and Lakota Creek watersheds that focus on nutrient reduction addressing pet waste, car washing, and lawn care BMPs. . A Natural Yard Care Workshop for residents in the Joes and Lakota Creek watersheds will be held in the spring. Page 5 of 17 City of Federal Way NPDES Phase II Stormwater Management Program • Through a Saltwater Algae grant, SWM will be hiring an environmental consultant to conduct an audit of the Twin Lakes Golf course. The consultant will then recommend BMPs that can help to reduce the golf course's impact on surface waters. • SWM will be providing targeted outreach to property owners bordering Puget Sound in Federal Way. This outreach will provide residents with information encouraging shoreline stewardship. . SWM plans to develop a Fact Sheet on Snow & Ice Removal BMPs for private property and business owners in Federal Way. This will most likely be distributed by mail next fall or early winter. • SWM staff intends to conduet an evaluation of the Federal Way School District's stormwater education elements in their curriculum. • Federal Way will continue to promote recognition of the Puget Sound Starts Here brand and logo using a variety of new approaches over the next year. • SWM intends to hold an Aquatic Plant ID Workshop in the summer in coordination with the Steel and North Lake Management Districts. The workshop is used to help lake residents identify which plants are both beneficial and detrimental to the health of local lakes. . Numerous volunteer events will take place in 2011 including stream cleanups, tree planting events, and invasive species removals. Page 6 `of 17 City of Federal Way NPDES Phase II Stormwater Management Program SECTION 2- PUBLIC INVOLVEMENT & PARTICIPATION 2.1 Permit Requirement (S5.C.2) Create opportunities for public involvement through advisory councils, watershed committees, participation in developing rate structures, stewardship programs, environmental activities, or other similar activities. At a minimum, the public must be provided an opportunity to participate in the decision-making processes involving the development, implementation, and update of the SWMP. • Make the SWMP and Annual Report available to the public, ineluding posting on the City's website. • Summarize activities in the Annual Report. The Public Participation Program was required February 16, 2008. 2.2 Current Activities The City of Federal Way encourages residents and interested parties to participate in the decision making processes involving the update and implementation of the City's Stormwater Management Program (SWMP). Opportunities for public participation in the development of the SWMP are available through the following venues: • The quarterly Surface Water Management (SWM) newsletter, "The Water Log", is used to raise awareness of the Permit requirements, update the public on the development of the SWMP and solicit comments. . The City's Surface Water Management webpage provides a general description of the Permit, describes the progress on the development of the SWMP and displays the updated SWMP and the Annual Reports as they become available. Opportunity for public comment and participation is provided via e-mail. . The annual public meeting of the development, permitting and zoning stakeholders (i.e. engineers, architects, developers, business owners, utilities and public school representatives) is used to assess the City's permitting process as well as provide updates on NPDES requirements. . An opportunity for participation in the development of SWMP is available to City residents through Land Use and Transportation Committee (LUTC) meetings. The LUTC reviews many of the programmatic and policy changes proposed under the SWMP and allows public comment on all of their agenda items. . City Council reviews and approves many of the programmatic and policy changes related to the SWMP. Public comments are accepted during all City Council meetings. Page 7 of 17 City of Federal Way NPDES Phase II Stormwater Management Program 2.3 Planned Activities The City will continue to offer these opportunities for comment and involvement in the development of the Surface Water Management Plan. Public comments will be used as an adaptive management tool to evaluate permit compliance, the effectiveness of the SWMP, and set future priorities. Page 8 of 17 City of Federal Way NPDES Phase II Stormwater Management Program SECTION 3— ILLICIT DISCHARGE DETECTION & ELIMINATION 3.1 Permit Requirements (S5.C.3) • Develop an ongoing program to detect and remove illicit connections, discharges and improper disposal including spills into the municipal stormwater system. . Develop a municipal storm sewer map that includes attributes listed in section S5.C.3.a. of the permit. . Adopt and implement an ordinance to prohibit non-stormwater discharges, spills, illicit connections, and illegal dumping into stormwater systems. . Publicize a number for public reporting of spills and other illicit discharges. . Identify and prioritize areas likely to have illicit discharges. . Conduct a visual inspection of three high-priority water bodies and conduct an inspection of at least one each year thereafter. . Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste, and publicize a hotline phone number for the public to report spills, dumping, and illicit discharges. . Adopt and implement procedures for program evaluation and assessment which includes spill tracking, inspection tracking, and feedback from public education efforts. . Provide training for municipal field staff on the identification and reporting of illicit discharges in the stormwater system. • Summarize activities in the Annual Report. The City shall fully implement the Illicit Discharge Detection and Elimination Program no later than August 18, 2011. 3.2 Current Activities The City of Federal Way maintains an active Illicit Discharge Detection and Elimination (IDDE) program designed to identify and remove prohibited discharges and illicit connections to the City's stormwater system. The City has implemented the majority of the requirements for this program ahead of the permit deadline. • The City maintains a comprehensive map of the City's municipal separate storm sewer system (MS4) which includes all known storm sewer outfalls, receiving waters, and municipal structural stormwater BMPs. The map is continually updated to reflect new connections and changes based on field verification. The map is available upon request. Page 9 of 17 City of Federal Way NPDES Phase II Stormwater Management Program • In August 2009, the City adopted and implemented Ordinance 09-619 in order to meet the requirements of the Permit. The ordinance effectively prohibits all of the categories of non-stormwater discharges listed in the Permit and includes escalating enforcement procedures and actions pursuant to those outlined in FWRC 16.45, 16.50, and 16.55. • The City identified priority areas where illicit discharges are most likely to occur. The evaluation was based upon a prioritization of sub-watersheds using eight individual illicit discharge potential (IDP) screening factors such as land use, past complaints, and number of pollution generating sites. • Receiving waters in Federal Way are prioritized for visual inspection, and field assessments of three priority water bodies (Joes Creek, Lakota Creek, and Redondo Creek) were completed in the summer of 2010. During the assessment, outfall locations were verified and screened for illicit discharges, and newly discovered outFalls were mapped. . The City has developed IDDE procedures regarding the characterization of the nature and environmental threat posed by illicit discharges, procedures for tracing the source of illicit discharges, and procedures for eliminating the source of discharges. The existing IDDE program includes notification of appropriate authorities, notification of property owners, technical assistance for eliminating the discharge, follow-up inspections, and escalating enforcement and legal actions if the discharge is not abated. Surface Water Management's existing Public Education and Outreach Program includes educational materials designed to prevent illicit discharges by educating business owners, employees, and the public on pollution prevention best management practices and waste disposal techniques. Educational materials are disseminated to targeted audiences on an ongoing basis. Many of these materials are described in Section 1 of the SWMP. . The City's Public Works Department main number (253-835-2700) is publicly listed for reporting spills and illicit discharges. After normal business hours, the public can report stormwater pollution to the city's call service at (800) 400-0749. The report will then be forwarded to on-call City staff. The phone numbers are publicized on the web, in newsletters, brochures, and many other educational materials. Information regarding IDDE reports and complaints, follow-up inspections, and enforcement actions are carefully tracked and documented. • Training is provided to all field staff responsible for identification, investigation, termination, cleanup and reporting of illicit discharges. Training is also provided for staff who may observe an illicit discharge while performing their normal job duties. Field staff from the following City departments have received training: Public Works, Community Development, Parks and Recreation, and Public Safety. 3.3 Planned Activities • The municipal storm sewer system map will continue to be updated as necessary and new information added as it becomes available. Page 10 of 17 City of Federal Way NPDES Phase II Stormwater Management Program • Field assessment of at least one high priority water body will be completed annually. • City staff will continue to evaluate and improve the IDDE program based on experience, lessons learned, and feedback from public education efforts. Follow-up training will be provided as needed to address changes in procedures, techniques or requirements. All training records (including course information and the staff trained) will be documented and maintained. Page 11 of 17 City of Federal Way NPDES Phase II Stormwater Management Program SECTION 4 CONTROLLING RUNOFF FROM CONSTRUCTION SITES 4.1 Permit Requirements (S5.C.4) . Adopt an ordinance that addresses runoff from new developments, redevelopment and construction sites. . Adopt minimum stormwater designs standards that are equivalent to the Department of Ecology's 2005 Stormwater Management Manual for Western Washington. . Implement a program to review plans, inspect construction sites, and take enforcement action against those failing to meet the required standards. . Include provisions to allow for non-structural preventativ� actions and source reduction practices such as Low Impact Development techniques. • Adopt an ordinance, maintenance standards, inspection procedures, and enforcement provisions to insure the long-term operation and maintenance of permanent stormwater control facilities. . Provide training for staff on new and revised regulations, standards, processes and procedures. . Provide copies of the "Notice of Intent for Construction Activity" and "Notice of Intent for Industrial Activity" to representatives of proposed new development and redevelopment. • Summarize activities in the Annual Report. The Construction Site Runoff Program was required to be fully implemented by February 16, 2010. 4.2 Current Activities The City of Federal Way recognizes that construction site run-off is a major contributor to water quality degradation in the greater Puget Sound region. To address this issue and to better protect our natural waterways, the City's current construction site run-off program exceeds the minimum requirements of the Permit in many respects. Construction site run-off is reviewed and inspected for all construction projects, ranging from single family structures to large commercial developments. . The City has adopted the 2009 King County Surface Water Design Manual, effective February 16, 2010, which has been deemed an equivalent to the Washington State Department of Ecology's (DOE) 2005 Stormwater Manual. . The City's BMP selection and site planning process was also updated through the adoption of the 2009 King County Surface Water Design Manual �2009 KCSWDM). Page 12 of 17 City of Federal Way NPDES Phase II Stormwater Management Program The authority to conduct inspections on new developments is granted during construction pursuant to an access agreement allowed under Federal Way City Code (FWRC) 19.25.080. Authority to conduct post construction inspection of private drainage facilities discharging to the City's storm system from new development is established through drainage covenants, conditions attached to the final permit, and through FWRC 16.10.065. • Non-structural preventive actions and source control improvements measures, such as LID, are currently allowed. In 2008, the City worked with a consultant, funded through a technical assistance grant from the Puget Sound Partnership, to develop recommendations for further integrating LID techniques into the City's development regulations. . Staff has completed a report on LID implementation that identifies obstacles to implementing certain LID techniques in Federal Way and suggests measure to address those barriers. . Prior to any clearing and grading activity on a construction site, a Pre-construction Inspection is conducted with the contractor to review initial erosion control requirements and the inspection process. . A minimum of two erosion control inspections are conducted by City inspection staff to ensure erosion control measures are being implemented and maintained throughout construction of the project. . A final erosion control inspection is conducted prior to final building permit approval of single-family, multi-family and commercial construction. . The ability to conduct enforcement of erosion control and stormwater requirements is provided within the City's existing development review and inspection process (FWRC 1.15.010 through 1.15.100 and International Building Code R113 and R114). . Covenants are attached to all new developments with stormwater detention and flow control facilities at the time of final approval. The covenant allows access for inspection and requires long term operation and maintenance of stormwater facilities (FWRC 16.36.020 and 16.35.030). . Maintenance standards for private stormwater systems are established in Appendix A of the 2009 King County Surface Water Design Manual. . Developments containing storm systems are encouraged to dedicate these stormwater facilities to the City at the time of final approval. The developer is required to maintain a two-year maintenance bond to ensure maintenance of these facilities during the first two years (most often the heaviest construction period) following final approval. Staff conducts inspections of tl�ese facilities during this period to enforce compliance with maintenance standards. The City takes over operation and maintenance of these facilities once the bond is released. . Records of inspections, violations, and enforcement activities are tracked through a database permit tracking system. Page 13 of 17 City of Federal Way NPDES Phase II Stormwater Management Program . NPDES Construction Stormwater General. Permit Focus Sheets are available at the City's Permit Center. Pursuant to a communication from the Department of Ecology, these focus sheets may be made available to the public in lieu of the application (Notice of Intent). . All staff responsible for implementing the program to control run-off from construction sites are trained to conduct these activities. 4.3 Planned Activities The requirements in section S5.C4 of the Permit have been met and the Construction Run-off Control Program has been fully implemented. The City will continue to carry out all related activities to ensure compliance with the Permit. • The program is continuously being reviewed and refined to ensure consistent application of the most current adopted regulations. • The City will continue to provide training as necessary. • Several staff will obtain LID Certification through Washington State University's Extension Program in spring of 2011. SECTION 5 POLLUTION PREVENTION, OPERATIONS AND MAINTENANCE 5.1 Permit Requirements (S5.C.5) • Establish maintenance standards that are as protective, or more protective, as those specified in the 2005 Stormwater Management Manual for Western Washington. . Perform inspections of municipally owned or operated water quality treatment and flow control facilities and catch basins at the frequencies specified by the permit. • Maintain records of inspections and maintenance or repair activities. . Implement practices to reduce stormwater impacts associated with maintenance operations for streets, parking lots, roads or highways owned or maintained by the City. • Implement practices to reduce pollutants in runoff from all lands owned and maintained by the City. • Develop a Stormwater Pollution Prevention Plan for all heavy equipment maintenance or storage yards owned or operated by the City. Page 14 of 17 City of Federal Way NPDES Phase II Stormwater Management Program . Develop and implement an ongoing training program for City staff whose job functions may impact stormwater quality. • Summarize activities in the Annual Report. All elements of the Operations and Maintenance Program were required by February 16, 2010. 5.2 Current Activities The City of Federal Way maintains a proactive and effective maintenance program of the City's drainage infrastructure, which includes catch basins, pipes, open channels, as well as residential and regional retention/detention facilities. . The City adopted the maintenance standards found in Appendix A of the 2009 King County Surface Water Design Manual. . Regular maintenance of SWM's facilities is conducted by SWM Maintenance staff consistent with the adopted standards to ensure stormwater facilities are functioning properly. • Alf known municipally owned or operated stormwater treatment and flow control facilities are inspected and maintained at a minimum, annually. All known City owned or operated stormwater retention/detention ponds are currently inspected and maintained twice a year. Staff inspects at least 95% of the structures annually. . SWM maintains a"Hot Spot" list of locations vulnerable to surface water related problems during major storm events. Staff inspects these locations after all major storms to ensure the systems are functioning properly, and to determine/conduct any maintenance or repair needs. . Sediment levels in catch basins (CBs) are evaluated on a circuit basis annually. When sediment levels equal or exceed 50% of the sump capacity on average in the sampling circuit, all CBs and inlet structures in that circuit are cleaned. Catch basins in high use areas, such as main arterials, are cleaned throughout the City each year. . SWM has implemented practices and procedures that reduce stormwater impacts associated with runoff from streets, parking lots, roads and highways owned or maintained by the City, as well as road maintenance activities conducted by the City. Activities addressed include: pipe and culvert cleaning, ditch maintenance, street cleaning, road repair and resurfacing, snow and ice control, utility installation, pavement striping, maintaining roadside areas and vegetation, and dust control. Page 15 of 17 City of Federal Way NPDES Phase II Stormwater Management Program Staff has modified policies and procedures regarding the maintenance and operation of lands owned or maintained by the City in an effort to reduce the discharge of stormwater pollutants. Policies and procedures that have been addressed include: application of fertilizers, pesticides and herbicides, sediment and erosion control, landscape maintenance, vegetation disposal, and cleaning and maintenance of building exteriors. . The City has an on-going training program for employees whose job functions may impact water quality. The program addresses the importance of protecting water quality, the requirements of the Permit, operations and maintenance standards, inspection procedures, BMP selection, and ways to perForm their job activities to prevent or minimize impacts to water quality. A Stormwater Pollution Prevention Plan (SWPPP) for the City's heavy equipment maintenance and storage yard has been implemented. The SWPPP includes periodic visual inspections of the facility to evaluate the effectiveness of the BMPs. • Records of inspections and maintenance or repair activities are kept in accordance with the S9 Reporting Requirements of the Permit. 5.3 Planned Activities • Staff will continu� to evaluate the effectiveness of selected pollution prevention BMPs and will continue to ensure full implementation of the Stormwater Pollution Prevention Plan. The City will provide follow-up training as needed to address changes in procedures, techniques or requirements. The City will track and maintain records of training provided. Page 16 of 17 City of Federal Way NPDES Phase II Stormwater Management Program SECTION 6 MONITORING 6.1 Fermit Requirements (S8.C) • Prepare for future comprehensive long-term monitoring of both stormwater and of Stormwater Management Program (SWMP) effectiveness. • Report any stormwater monitoring or studies currently being conducted by the City. Assess the appropriateness of the best management practices identified for each component of the SWMP, and identify any changes that are made or are anticipated to be made. 6.2 Current Activities . The City has identified two outfalls (representing commercial and high-density residential land uses) where permanent sampling stations could be established in the future. • Two suitable questions concerning SWMP effectiveness have been developed, and monitoring methods have been identified to attempt to answer these questions. • A summary of current monitoring activities by the City has been provided in the Annual Report. • The City of Federal Way participates in a regional monitoring forum to develop feasible and effective future monitoring requirements as an alternative to those proposed in the current permit. 6.3 Planned Activities The City will continue to assess the performance and adequacies of the City's Stormwater Management Program, and evaluate the appropriateness of Permit requirements intended to reduce pollutants entering the City's storm sewer system. Page 17 of 17 City of Federal Way NPDES Phase II Stormwater Management Program CITY OF r� •�' . ��. � Annual Re ort p Reporting Period 2010 (Prepared March 2011) Pursuant to the Western Washington Phase II Municipal Stormwater Permit # WAR 04 — 551G I. Permittee Information Permittee Name City of Federai V� P.E. Mailing Address 33325 8th Avenue South City Federal wi Adddress com II. Regulated Small MS4 Location Jurisdiction Citv of Federal Major Receiving Water(s Puqet Saund WAR 04-5516 Phone Number 253-835-2750 State Zip + 4 WA 98003-6325 Entity Type: Check the box that applies Coun Ci JTown Other x III. Relying on another Governmental Entity If you are relying on another governmental entity to satisfy one or more of the permit obligations, list the entity and briefly describe the permit obligation(s) they are implementing on your behalf below. Attach a copy of your agreement with the other entity to provide actditional detail. Name of Entity: Permit Obligation(s): IV. Certification All annual reports must be signed and certified by the responsibie official(s) of permittee or co- permittees. Please print and sign this page of the reporting form and mail it (with an original signature) to Ecology at the address noted below. An electronic signature will not su�ce. I certify under penalty of law, that this document and all atta.chments were prepared under my direction or supervision in accordance with a system designed to assure that Qualified Personnel properly gathered and evalua.ted the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for willful violations. ame ame Title Date Title Date Name Title Date Name Title Date Name Title Date VI. Status Report Covering Calendar Yr: 2010 Jurisdiction Name: City of Federai way PLEASE indicate reporting year and your jurisdiction in Line 1, above. PLEASE refer to the INSTRUCTIONS tab for assistance filling out this table. NOTE: Items that have future compliance dates must still be answered to indicate status. (VOTE: For clarification on how to answer questions, place cursor over cells with red flags. NOTE: Highlighted items indicate requirements that are due in 2009. PLEASE review your work for completeness and accuracy. Save this worksheet as you go! Questian Y1NI # Comments (50 word iimit) Name of Attachment � Wq Page #, if auplicable t. AttachM annc�al written update af Ferrnitiee Y See Attachment Ciry of Federal �� $� {��„� Way Stormwater Management inclad�ng applic�ble reyuiremerrts under Program document (SWMP} ss.�.a ana s�? �� ,. 2. AttaCiled s ct)py c�f any anne�cations, NA =� ; There were no annexations or boundary i �� , ��; �� y�" ' changes during the reporting period. in an iacrease � decc�ease in the Permittee's :� �"'�' :� g�graPhie area af pe�mit coverage during the ��,�.,�? .�,. reportin� per'tad, and implic$tio�s foz' the :: �� SWMP'aS S9.E.3? ' 3. Impiemente�t an ongoing program for Y �` ga#heting, q�acking, maintaining, and using �� s information to evatuate SWMI' develapment, �� ; �� T irnptementation and peimit campiia�tce and to � x set prioriries? (SS,A.3) � s 4. Began Craeking casks or estimated cc�sis 4f the Y development m�d imp[ementation ofthe � ' ,�: SWIvtP? {Rea�rtireat no }ater than .�an�ary l, � �� 2{)U9, SS.A.3a) � �` 5. SWMF include.s � educateon pm�ram ai�ned ' Y at t�esiden�s, busiaccses, indusiries, steeted officials, pctticy makers, planning staff and ather emplaye� of the Permittee? (Iteguired tv begin by February t S, 20�39, SS.C. i) 6. Dist�buteci appropriate infcmn$tion txa target Y audiences identified in the area served by th� M54? (Requered to begin by February I5, . 2�9, SS.C.t.a) 7. Tracked the types of pub(ic edueation and Y outreach activities implernented (Required to begin by Febtc�ar� 15, 2009, SS.C.I.c} 7b. Numb€r af �ctivities im lemented: 80 8. Meastared the understanding and a�ioption of Y the target�d t�ef�auiors arnong at least one targeted �udience 'tn a# t�st ane subject area. {Ret�urred to begin by Febr�azy 15, 20U9!, �S.G.I.b) 9. Fh•ovided apportunities far the publie to Y ` participate irr the de.eision matcing proc�sses invQiving tlte dev�lopment, implementatian and upciates ofihe Per�titte,e's SWMP? �Rec{uirerl by �ebruary 15, 2tiU8, SS.C.2.a) Page 1 of 12 Question Y/N/ # Comments (50 word limit) Name of Attachment � NA Page #, if apalicable 10. L7ie�velc�ped and implement�ed a process for Y public invalven�nt and cons�derat�on of publ� t , ; c�mments on the SWMP`? (Required by Febivary 13, ��U8, SS.C.2.a} 11. M�de the mast current version c�f the SWMP �' avsilaFtle ta the lic. SS.�.2.6) 12. Pasteci Che SWI�+iP and tates# annual r�ort on Y our websitc. SS.C.2.b} 12b. NO'"1'E'E websife address in Attc�hmerEt fieid: http://www.cityoffederaiway.com /Pa e.as x? a e=762 13. Initiated or implemented an ongoing program NA The City has initiated nearly ali of the IDDE to detect and remove illicit connections and program elements. The final component to be implemented is to provide a report of IDDE illegal discharges into the Permittee's MS4? public education efforts which is required by (Reguired August l9, 201 l, SS.G3) August 19, 201 tand will be included in the ` 2011 Annual Report. l4. Developed and currently maintain a map of Y This requirement has been met ahead of the your MS4? (Required by February 16, 2011, permit deadline. SS.C3.a) 14b. Initiated a program to deveiop and �aintain a Y�,� �' <: map of all cannections ta the MS4 authori�ed � , � allpwed by the Pertnittee ai�er Ehe I'ennii �` �$; effective date? {SS.C,3.a.ii) �� : ,�� a . .. �;.� w". 15. Map shows the location of all known Y This requirement has been met ahead of the municipal separate storm sewer outfalls, perrnit deadline. All known outfalls and receiving waters and structural stormwater structural BMPs have been mapped, but staff continues to update stormwater mapping BMPs owned, operated, or maintained by the through GPS field reconnaissance. Permittee? (Requi�•ed by February 16, ZOl l, SS.C.3.a.i) 16. Map shows all storm sewer outfalls �vith a 24 Y This requirement has been met ahead of the inch nominal diameter or larger, or an permit deadline. equivalent cross-sectional area for non-pipe systems and includes tributary conveyances, associated drainage areas and land use? (Required by February 16, 201 l, SS.C.3.a.i) �� i 7. Map shows geographic areas served by the Y This requirement has been met ahead of the Permittee's MS4 that do not discharge permit deadline. stormwater to surface waters? (Required by February l6, 20l l, SS.C.3.a.iii) 18. Map has been made available upon request? Y (SS.C3.a.iv) � l9. DCUelopecl and intplemen#ed Pegul3tOry actions Y Ordinance No. 09-619 nec�ssary ta effectively prohibit non- stors3iswaier illicit dischargfes intU th� Petmittee's MS4? {Required by Augusi 15, 2009,SS.C.3.b) 20. Developed and implemented an ongoing Y This requirement has been met ahead of the program to detect and address non-stormwater peRnit deadline. illicit discharges, including spills, and illicit connections into the Permittee's MS4? (Required by August 19, 201 l, SS.C.3.c) Page 2 of 12 Question Y!W/ # Comments (50 wocd limit) Name of Attachmerrt � NA Page #, if apnlicable 21. Developed procedures for locating priority Y This requirement has been met ahead of the areas likely to have illicit discharges, including Permit deadline. at a minimum: evaluating land uses and associated business/industrial activities present; areas where complaints have been registered in the past; and areas with storage of large quantities of materials that couid result in illicit discharges, including spills? (Required by August l9, 20l l, SS.C3.c.i) 22. Implemented field assessment activities, Y This requirement has been met ahead of the including visuai inspection of priority outfalls permit deadline. identified during dry weather, and for the puiposes of verifying outfall locations, identified previously unknown outfalls, and detected illicit discharges? (Required by August l9, 201 l, SS.C.3.c.ii) 23. Prioritiaed receiving waters for vis�al Y inspec�ion? (Required by February 1G, 2Uttl, SS.C.3.c.ii 24. Conducted field assessments for three high Y This requirement has been met ahead of the priority water bodies? (Required by Febivary permit deadline. l6, 2011, S�.C.3.c.ii) 25. Conducted tield assessments on at least one NA Required after February 16, 2011. high priority water body? (Required annually after February 16, 2011, SS.C.3.c.ii) 26. Developed and implemented procedures for Y This requirement has been met ahead of the characterizing the nature of, and potential permit deadline. public or environmental threat posed by, any illicit discharges f'ound by or reported to the Permittee? (Requfr•ed by August 19, 20l 1, SS.C.3.c.iii) 27. Developed and implemented procedures for Y This requirement has been met ahead of the tracing the source of an illicit discharge; permit deadline. including visual inspections, and when necessary, opening manholes, using mobile cameras, collecting and analyzing water samples, and/or other detailed inspection procedures? (Reqzsired by August 19, 201 l, SS.C.3.aiv) 28. Developed and imp(emented procedures for Y This requirement has been met ahead of the removing the source of the discharge, permit deadline. including notification of appropriate authorities; notification of the property owner; technical assistance for e(iminating the discharge; follow-up inspections; and escalating enforcement and legal actions if the discharge is not eliminated? (Required by August l9, 20l l, SS.C3.c.v.) 29. Informed public emp(oyees, businesses, and Y This requirement has been met ahead of the the general public of hazards associated with permit deadline. illegal discharges and improper disposal of waste? (Reguired by August 19, 20l (, SS.C.3.d) Page 3 of 12 Question Y/N/ # Comments (50 war+d limit) Name of Attachment � NA Page #, if aaolicable 30. Distributed appropriate information to target Y This requirement has been met ahead of the audiences identified pursuant to SS.C.1? pennit deadiine. (Required by August 19, 201 l, SS.C.3.d.i) 31. Publicized a hotline or other ia:al tetephone Y number for public reporting of spills and other iiiicit discharges`? (Required by Febniary 15, 2UU9, SS_G.3.d.ii} 31 b. NwnbeT af hatiine c�i3s reCeived' 10 There were a total of 64 reported stormwater pollution incidents in 2010. Only 10 came throu h the s ili hotline. 31 c. Number Of f4lbw-Up 1Gtions #�kCtl in Te5po�C 10 Staff foilows up with aN reports received. tt1 Ca113: 32 Maintained a hotline oc ott�r rel�ortiu8 number Y for pubiic repc��rting af ilticit discharg�, including spills? {�tequir,ed by Febtvary 15r 2{�Q9, S�.C3.t�.ii) 32b. NOTE hc)tlitle nxlmber in Commettts field Y (253) 835 ARer Hours: (800) 400 33 Tracked the number of illicit discharges, Y This requirement has been met ahead of the including spills, identitied? (Required by permit deadline. August i9, 20L1, SS.C3.e) 33b. Number of il(icit dischar es identified: 47 34 Tracked the number of inspections made for Y This requirement has been met ahead of the illicit connections? (Reguired by August l9, Permit deadline. 20l 1, S�.C.3.e) 34b. Number of inspections: � 3� Received feedback from IDDE public NA Not required until August 19, 2011. education efforts? (Required by August l9, 2011, S�.C.3.e) 36 Attached report on IDDE public education NA Not required until August 19, 2011. efforts? (Required by August 19, 2011, S5.C.3.d, SS.C.3.e) 37 Me�nicipaf fieid s�taff res�wnsible for Y identificatioo, �nvestlgation, t�rn�ination, cle�up, and reposting of iliicit discharges, itn�►ro� disposal �nti illicit connectians are trained W candud ih�e activities? (Reguir�d by August 15, 20Q9, S�.C.3.f.i� 37b. Numi7er af Uainin ided: 5 37c. Niunber afsta#�trained. 37 38 Prov3dt�1 f411ow-up U�tiiaittg as needed to NA Appropriate staff have been trained. No adclteSS changes in procet�ures, techniqt�es or training updates were needed in 2010. req�irements? {Requrred by August 15, 2{�4, SS.C3.f.i) 38b. Nutnber of trainin rovided: � 38c. Nvmbet o£stafftrait�e�i: 0 39 Develgped and imptemented an ongoing Y training prvgram p� the identificaiion of art itiicit diseharge%onnection, anci an th� pr�per procedsues far �porting and res�nd'usg t4 the i#licit ctisctratge! c�nnection frn s�it mu�icipai fi�ld st�ff. which, �s pmt of their normiai jc�s i�esponsibi}ities, might come into coa�#�;t wiih ar atherwise oi�erue aa ilticit discharge or illicit conriectian to #he stcarm sewer sysiem? {Required by Fei��uary l6, 2i}1'U, SS.C.3.f.ii:) 39b. N�ber+�ftrait�in vided: 2 Page 4 of 12 Question Y/Nl # Comments (50 word timit) Name of Attachment 8� Np Page #, if apalicable 39c. Number af skaff trainai: 133 40 Develape�, implemented and enforced a Y p�ragr�rn ta ceduce pollutants in stormwater ru�wffto ttregulatea small MS4 from new devek�ment, redevelnpment and construction site activities? (Requirsa' by Fet�tuary I6, 241 f}, SS.G4} 41 Applied stc�rmwater runoffpttfrgram Eo all sites Y The City of Federal Way applies its stortnwater ihtit d'ksittrb 81a�nd area 1 acte or g�tt8iec, run-off program to all development sites regardless of size. including proje�cts I�s than one �re that are parC of a l�rger comm4n pian of the c�evelopment or sale? {It�quired by �ebnrar�+ 16, 2QlU, SS,C.4� 42 App�i� stnrmwater runvff pmgram to private Y and public deveiopra�t, including roads? (Required by Febn�ary 16, 2010, SS.C.4} 43 Applieci the TeclutiCa! TMreShct(ds in App�endi�c Y The City of Federal Way applies the Technical I W at1 sites 1 e�re or g[eater, [nc}uding Thresholds in Appendix 1 to all development pmje�ts less than one acre #hat are part of a sites regardless of size. lar�er comman ptan of the development ar sate? �Requued by February 16, 2010, SS.C.�) 44 Adupteci and impiem�ted regalatary Y m�hawism {s�h as an ardinance) neces�sa�y to �uidress run-t�ff from �tew development, F+e�+elopment and constructivn site activid�? (Required by February 16, 2U1Q, �S.C.4.a) 45 Retained existing focat requirements to apply Y The City of Federal Way adopted the newer stormwater controls ai smailer sites or at lower 2009 King County Surface Water Design Manual (2009 KCSWDM) for all development thresholds thar� required putsuatit to SS.G.4? sites, even those disturbing less than 1 acre, (S5.A.4) which were previously only required by the City to meet 2005 KCSWDM standards. 46 T'he orditk'�ce ue o#her enfarceable tnechanism Y The City of Federal Way has adopted the 2009 includes the tni�ticnum requirements, teehnicai King County Surface Water Design Manual (an Ecology approved equivalence) in order to tht�esholds, and definitions in Appendix 1(or meet this requirement. an equivalet�t approved by Ecology under the ' NPDES Phase I Municipal Stormwater Permi#); for nee�vv deveiopment, redeveiopment, and constcuction sites? {Required by Febn�asy 1G, 2U10, SS.G.4.a.i) 47 'I� oT+dit�attee or other enfoTCeable machanism Y The City of Federal Way has adopted the 2009 inC3udes exceptions and variance criteria King County Surface Water Design Manual (an Ecology approved equivalence) in order to equiefsient to tho� in Apgettdix 1? jRequired meet this requirement. by �ebruary 16, 2UZ0,, SS.G.4.ai., and Sectian 6 of Apgendix 1) 48 Were exceptions c�` variances to the minimum N No exceptions were granted. re+qu'uements in Appendix t gtanted? (Req�rired by February t6, 2Ut0, SS.C.4.ai., and SectScm 6 af Appendix i) 486. If so, how m w€re ted? o Page 5 of 12 Question Y/Nl �t Comments (50 word iimit) Name of Attachment 8 NA Page #, if aanlicabie 49 7'he ordiittance or Othet enfqrCeable mechanism' Y The City of Federal Way has adopted the 2009 it�lud�s a site pla�itsing process and BMP King County Surface Water Design Manual (an selection and design ctsteria th8t, when used io Ecology approved equivaience) in order to meet the State {AKART) requirement under implement the minimum requiremenis in Chapter 90.48 RCW. Appendix i(or equivatent approved by Ecology under the Phase I Permit) wiil protect water qual'rty, reduce the discharge of pollutants ta the ma�cimum extent practicat�le and satisfy the 5tate reyuirement under Chapter 40.4$ RCW io appiy a1! known, available and reasonable me#hods af pceventian, contral and treatme�st (AKART} prior to discharge? (Required by February I6, 2010, SS.C.4.a.ii) 49b. CitC dOGUirieut�atiari GD trlCet thi3 iequireCmettt in �% Ordinance No. 09 Atta�elam�nt field: 50 Ti� af'dinant;e oc other enfOrceablc mechanism Y Federal Way Revised Code (FWRC) provides the tegal authority, thtuugh Lhe 19z5.080 approval process for new de�eiopmeirt, ta insp�ct private stormwater f�ilities that d�charge to the Permittee's MS4? (Requued �ay February 16, 20i0, SS.G.4.aiii) 51 'The ordinance or ather enfvrc:eahle mechanism Y Ordinance No. 09 �llows nan-structural preventive �tians and savrce reduction approaches such as Law Isnpact Development (LID) Techniques #o rainimize the ereation af imper�ious surface.c and minimize the dasturbance of native scr3ls and vegetation? (Required by Fetaruary l6, 2010, SS.G.4.a,iv) 52 If Ehe ocdinance oi te'guiBtUry mech�iSm NA City decided not to make this option available. a1lt�ws ct►nstruction sites to app�y the Erasivity 'VYarver in A�spendix i,lNinimum Requi #2, does it incfude apprapriate, �calaiing enfurc�nent sanctio�s far construction sites that provitie notice to the Permiisee of iheir int�ttian to appfy the waiver but do not meet tl�e r�}uirements (including rimefranae re�trictions, timits an aefivities that res��it in �aort-stormwater discharges, and smpl�;ment�tifln c�f appropriaie BMPs ta pievent violarions af water quality standards) to qualify for the waiver? {If waiver is al lowed, the qualificaiion is required by Febr�y 1 G, 2!?I0, SS.C.4.a.v) 53 Develape�! and implemented a pemtitti�g Y FWRC (8.OSA10 and 19A�.005 p�eess to address runoff frc�m new deve#opm�i, redevelopment ancl constructi�n ' .4�f�P. BGUYI�IIeS W1�Ii �I811 !'Ci�IL'W 11}$�38Y`�, 10l1�'di1{�' e�forcement capability? (Requirerl !yy February t b, 201 �}, SS.C.4.b) Page 6 of 12 Question YlN/ # Comments (50 word limit) Name of AttachmenE � �Iq Page #, if apalicable 54 Appiied permitting pr��cess to a[i sit�.s ihat Y The City of Federal Way applies its permitting �� i�� , �,} �� process to all development sites regardless of grajects less than ane acre that ar� p�rt o€a size. iarger cflmmon plar► o€the develc>pment or sa�e? {ftequired by February lb, 2QIQ, SS.C.4.b� 55 �teviewed Stormwstcr Sitc 1't�tns foc new Y development and rt�velopm�t projects? (Reyuired by Februaty 16, 2UlU, SS.C.4.b.i} SSb. Numbe�r of site pl�s reviewed during the 1 � rtin 'od: 56 I��Get1, prior to CleaTing and c�tfstructian, Y City staff inspects atl development sites pnor to Stl k»Uwri d[.welr�pt�fent Sites th�# have 8 high c�earing and grading regardless of its potential poi�ential far seidEment t�nsport as defe.tmin�d for sediment transport as determined by Appendix 7. ttuough pian review based an definitians and requirem�ts in Appendix T Determ�� Goustruetian Site 5edimcat Pote�tial`? (Regulred by Feb�vaiy 16, 2410, SS.C.4.b.i's) 56b. Number of quaiifying sites inspected priar ta 46 cle�ring and construction during the reporting `od: 57 Inspecte� cunst�vction-phase sta�rmwster Y cc�trols at atl known permitted developme�st sites during consGUCtitsn to verify proper instatlatias �nd maintenance of requir� erosion and setiimeni cantmLs? {Required by February 16, 201U, SS.C.4.b.iii} 57b. Number of sites inspected during the 54 constnaction phase for the reporting period: 58 Enforced as necessa�y based 4n t!� ins�ection Y at newf development and redev�lapment pmjects? {Required by Febtvary 16, 2QiQ, SS.C.4.b.iii) 58b. Number of en€orcement t�tions taken dvri�tg � 5 the rti�� riod: 59 Inspected quatifyiag permitted devela�pm�i Y sites upon completi�xn af constniction �d prio to finai approval ar occupaney w ensure proper installation of pe�mane�t stormwa#er ccm�ls such as stormwater facilities a�d strttctural BMPs? {Required by Febr�ary 16, 2d1a, S5.C.4.b.iv a{td v) 59b. Number of quatifying sites knaum duting the 47 'ucl: 59c. Nt�mber of quatifying siEes inspeeted cis�ring 47 the re •n 60 Yerified a mainterta�►ce plan is eompl�ted and Y respo»sibility for maintenance is assign�xi for qualifying proje.cts? (Requireci by Febrtr�ry 15, 2U10, SS.C.4.b.iv) Page 7 of 12 Question YfNI # Comments (50 word limit) Name of Attachment � NA Page #, if apnlicable 6 l Enfareeci regulations as ne�cessa�y ba�ed on ti� Y inspection? (Required by February 16, 2010, S5.C.4.b.iu) 6! b. Number of enforcement actic�ns taken duriag 5 the rtin 'ai: 62 Developed and implem�ted ar► enfor�cem�t Y strategy to respand Eo issues of non- compiiance with the negulations for qualifyi�ng projects? (Required by Febrtiary l6, 2U10, SS.C.4.b,vi) 63 Did the Permittee C�twse to ttllow Ccft�stntc:tion N City decided not to make this option available. sites io apply the Er�iviky Waiver i� Appendiac l, Minimum Requirement #2? {SS.G.4.b.vii 63b. If es, how m waiVers were ailawed ? 0 64 Developed and impie�nented a tang Y operation and maintena�e ((}8cM} progr� fur pasi-construction siQrmwater facitit� and BMPs? {Requlred by Febn�a�y 16, 2QIU, SS.G.4.c) b5 Adopted an ardinance or t�ther regula#ory Y FWRC 16.36.020 and 16.35.030 mechanistn that cie�rty Ydentifies the party r�sponsible foc maintenance, reyuires inspection af facitities and esEablishes enfttrcement proc�iw�es? (Itequired by Felrruaty l b, 2010, SS.C.4.c.i} 66 tn� �si-cottstruction sio�mmwater Y controls, including structurat BMPs, � new dcvetapment and recievelapment proj�et.s°? (Required by Febn�rS+ t6, 2UlU, SS.G.4.�) 66b. Nucnber af sites inspected durrng the reporting 734 .�. 66c. Numbetofstructural BMPs inspected �ur�ag 3�00 This is an approximation. the rtin 'a!: 66d. Numtier of c�n€arcxment actiocts tafcen ctur��g l65 #!�e •od: 67 EstBblished tttaintEnatt�e StattdaCds t�tat �a'e as Y The City of Federal Way appiies the proteCtive, or mc�re pcot�ctive, of facility maintenance standards in Appendix A of the function as those speCifted in ChapEer 4 0� 2009 King County Surface Water Design Manual. Vnlume V of the 2Q65 Stormwater Mana�enf M�aaAI for Westera Washingtag? (Required by February 16, 2010, SS.C.4.c.ii} 68 Performed time[y mainienance as per Y SS.C.4.c.ii? (Re4uired by F�bnaary 16, 2{l!Q '' SS.C�9.c.ii � � � � 68b. Att�clte� documentcttion bPany tn2tini�f�nce NA There were no maintenance delays during the NA delays. (Requ�red by Febtuary 16, 2flt0, reporting period. S�.G.4.e,ii 69 Estabiistted program to annual#y unspect all ' Y 3t07'lfIW8�C1' tt�tt!!6lit 8ttt� �OW GOi1tFQ� facilities (oit►er than catch basins) penniited by' Ehe P€rmittce according w S3.G.4,b. unless ii�ere are maintenaasce r�rds to justify a different frequenty? (Required by Feb�tiary lb, Zfl10, SS.C.4.c.iii) Page 8 of 12 . � Question YINi # Comments (50 word limit) Name of Attachment � NA Page #, if a�plicabie 70 If using redt►ced inspection frequency, NA Staff is conducting inspections at the required NA Aitxt�ai docume,a�tation as pet SS.C.4.c.ii[? frequency indicated in the permit. {Reqrr�red by Februaty lb, 2QIU, SS.C.4.c.iii) 7 L Inspe�cted att new stormwater treat�nent and Y flaw �trot facilities owned or operat�i, i�luding c�ch taasins, for new residentiai developm�nts Ehat �rc a part af a larger commcm plan e►f deveiopment ar sale, every b months during the period of heaviest house construction (i.e., i t� 2 years foltowing subdivision approva}) ta identify maintenance needs and ertfcxce camp3iance with mainteitance standards as needed? (Required by ��bruary 16, 2010, �S.C.4.cav} 7l b. Number of fa�cilities inspected dczring the 13 'oc�. 72 impt�nented a prcacedure for keeping recar�is Y af i�tions and snfi�rcement actic�ns by staff, inc(tuiing inspection rep�o�rts, warnirtg leq�rs, t�tic� of viaiations, other enforaemeni ►�;orxls, maintenance inspections and maintenance ac�ivities? (Required by February i6, 201U, SS:C.4.d} 73 Provided c�ies af`the Nntiec of Yatent for Y �� .�: Ce�str'�ctio� Attivi#y and Notice of Intsat =��-� fer Ind�stirial Aeav#ty ia representatives of <� .�� ` . ; �� praposed new developmea►t and .� � � � � _-:. redewetopmeni? (SS.G.4.e) � '„� �.; � �� 74 A!t st�#'fr�sib(e for impteme�ting th� Y �mgram to eontrol stornnw�ter cvt►aff from �evv development, redeveiopme�nt, and eonstru�cfiion sites, including permitting, plan revietv, c.�rnstnu�tion site inspections, and enforcement were trained w conduct the� acEiviti�? (Reyutred by Februaty 16, 2UlQ, S5.C:4.� 74b. Nwnl� af dainin vitled: � 74c. Plwnber af staf€Uainec�: 8 75 Devetoped and imptemente�i an operatian�s and Y maini�ar�ce (U&M) Program thac inciud�.s a training component and has the ultimate goal af p�eve�ting or reducing pollvtattt runoff &o municipa! c�perations? (Required by E`ebruary 15 2a�a S5.C.5) 7( �q,� �j��ce �� p� Y The City of Federal Way adopted the or m� pmtective, of facility f�nctiun as those maintenance standards in Appendix A of the ified in Ch cr 4 of Volutne V of the 2009 King County Surface Water Design � � Manual. 2005 Stc�rrimvarter Manugement Mamrat}'or West�rn Washington? (Required by February 15, 2410, SS.G.S.a) Page 9 of 12 Question Y/NJ # Comments [50 word limitj Name of Attachment 8 Np Page #, if apalicable 77 Performed timety maintenanee a� per Y SS.G.S.aii? (Reguired by Fehruary 1G, 2U1Q, . SS.C.S,aii) 77b. A#tAt6M document8ti4n of 8ny t118inten� NA There were no maintenance delays during the NA t�ia}�s. (Required by February 16, 201#�, reporting period. SS.G.S.a.ii 78 i)esig�d a gragram Ea atanuali}+ iaspeci arui Y mainiained all starmwater treatme�rti anc! t3ow cantroi facitities (ather tt�att catch basins)? (Required by F�bn�ary 16, 20t4, S5.C.4.c.iii} , 78b. Number �f lc�own ft�cilities> 395 78c. Number af faCilities inspeCted dwiilg ths 376 AII facilities inspected except for 19 detention ��i� ��. tanks. Achieved inspection goal of 95%. 79 if us�ng redueed inspection fi�quency ' NA Staff is conducting inspections at the required NA Att�e�ed dOCttment�tion aS pet SS.C.5.8.ii`? frequency indicated in the permit. {Required by February 16, 2UIU, S5.G.5.b) 80 Conducted spot checks of stormw�ter facil�tie.s' Y after major stocros? (Reyuired by Februacy 16 2014, SS.G.S.c} 80b. Nurnber crf kn4wn f�cilities: 59 80c. Numt�er of fa�ilities inspecLed during t!� 177 . n r�oct: 81 It�d municipally owned or operatt� catch Y Inspections are conducted annually on a i�asins ai ieast once before the ensi af the circuit basis. Permit tetm? {Required by February 16, 2i?I�, SS.G.S.d) 8 t b. Number of knowet cat+ch basins: 1 t 500 8 t c. Number Of ins �ons 4876 Performed inspections on a circuit basis. 81 d. 1�3uml�er of catch basins elean�: 3588 82 Estabiished and impiementec# pracxice.s to Y redt�ce sWr�water im�ts associated with ru�ff from streets, parking Icsts, rc�ads or fiighways owned ar rnaen�ined E�y the Pecrniitee, and ro� maintenance a�ivitie.s canducted by the Permiit�? (Requirerl by February 16, 2f71Q, 55.C.S.fj 83 F.stablished and implemcnted: policies and Y procedures t� reduce puIlu#an�,s in d'as�3��rges from all lands ow�ed or maintained by tlae Petmittee and subject to this Fermit, inclvding , but not limited W: parks, open s}�ace, ra�d righ of-way, main#enanc� yards, snd swrmwater �reatment and ttaw contral faciiiii�s? (Requr'red by Febrttary I6, 20I0, SS.G.�-g) 84 Imptemented an aperations and main� Y (O&M) Frogram tt� inctud� a training component and has the ulti�nate ga�l c�f preve.nting or reducing �1iu#a��i s�usoff from ' municipal aperaticros? (Requireii by February I� �Qt� .SJ 84b. N�unber of trainin vi�iec4: 1 84a Numt�r of st�aff trained: 33 Page 10 of t 2 85 Implemented a Stormwater Pollution Prevention Plan (SWPPP) for sit heavy ec}uipment maintenance ar storage y�urds„ and materist starage f�citifies awnec! or ��ed 1 the Permittee 'rx� areas subjeci to ihis Permit that are not required ta have coverage under t.tse tndustrial Stortnwater Generai 1'etmit? (Requrred by Febru�ry l6, 201U, SS,�S.i) 86 is there att aPPmved Tt�ta1 Maiciunum Daity M�c Lcaad (TMDL) aPPlieable to sCOernwater discharges from a MS4s owned or operated bg the Permittee? 87 Compliea with ihe specific require�nec►ts identifted in A dix 2? {S7.A) 88 Att�e�ted status r�port of TMDL 89 Wttere mt►nitoring wa5 tequited in Append'uc 2, did you eonduct the mani�aring according ta an approved (�uality Assurance Projed Plan? (S7.A) 90 Took aPPropriate actian to car�ect ar minimize discha,rg� inta or from che MS�4 which may eanstitute a threat ta human hc.alth, weifare, ar Y/N/ # MA Y (50 word iimit) N `,�� •�' No appl+cable TMDLs. � � �" NA .�� No applicable TMDLs. NA ;�,.,c' ;�� No applicable TMDLs. 90b. Attaehed a sutnmary of �he st�tus af he imptementation of any a�#io�s taken purswant to S4.F and the status of any montioring, assessment, oc evatuatian efforts t:onduGted during the reporti�g periad? (S4.F.3.d) 1 92 Noti�ed Eco(agy bf the t'ailure to cxtanply with the pe�mit tem�s and conditions within 3t? days of becoming aware of the non-compliance? {G2U) Notified Ecology immediatety in cases where the Permi#tce becotrtes awar� af a discha�ge from the Per�mittees MS4 whicti may cause or contribute to an imminent threat to h�nan heaIth or the envia�onment? {G3) NA Y 93 Attached a summary of identified barriers to Y the use af low im�ct developmeni (LID) and rneasures to address the barriers {Rec}uired io be submitted by March 31, 201 l, S4,E.4.a) ttschcd a repcart describing I.ID pracEices utently a�a�labie and d�ai c� be reasonattly ipremer►tea,'po�et►tiat or ptan�ted ncu�- vctural actions ant4 LtD Ee�hniques to event siormwater impacts, gc►ats an�d �net�rics identify, Fromcrte, measure I,1D; au�d hedules W require �d implement aon- �tuteal and LtD techniques on a broader �te {Requir�d to be submitted by March 31, wl t, S9.E.4.b) Y I' Federal Way did not have any 54.F.1 requirements during the reporting period. The City is not aware of any non-compliance issues during the �eporting period. Name of Attachment � Page #, if auplicable I�/1 See Attachment: LID Implementation Report See Attachment: LID Impiementation Report Page 11 of 12 Qusstion Y/N/ # Comments {50 word limit) Name of Attachment � NA Page #, if aoalicable Page 12 of 12 VII. Information Collection, BMP Evaluation, and Monitoring Complete Part A for all annual reports. NOTE: Please note in Row 1 of the table if you have no information to report. NOTE: Please limit your entries to 255 characters per cell. You may include additional information in your Supplemental Documentation attachment and reference it below with the page number. A. Information Collection REMtNDER: Check your work. Proceed t� theln#o Collection (Section Yft-8jtab next. Page 1 of t Briefty describe any stormwater monitoring, studies, or type of information collected and anatyzed during the Who/how to contact for additional VII. Information Collection, BMP Evaluation, and Monitoring Complete Part B for all annual reports. B. SWMP Evaluatio� (S8.6 & S9) You are reguired to assess the appropriateness of the BMPs you have sele�ted to implement your SWMP. This evaluation is necessary to evaluate whether the MEP standard set by the permit is protective of water quality in your receiving water bodies. This assessment may be entirely qualitative. Answer NA if you are not yet implementing BMPs for a component of the SWMP. (S8.B.2 and S9) Question Y/NlNA Comments (50 word limit) Some public education BMPs are more successful than others. The City conG�ues to adapt iYs program to be as successful as Y possible. It is recognized however the no single BMP will ever effectively change 100% of people's behavior, therefore the Are the BMPs selected and implemented for Public Outreach City implements a variery of education and outreach 1. appropriate to minimize poilutants in the MS4 to the MEP? a roaches. Are the BMPs selected and implemented for Public The City provides numerous opprtunities for public comment Involvement appropriate to minimize pollutants in the MS4 to Y and participation in the development of the SWMP. 2. the MEP? Are the BMPs selected and implemented for Illicit Discharge Fede�al Way's IDDE program is successful in eliminating Detection and Elimination appropriate to minimize pollutants y known illicit discharges and illegal connections to the City's 3. in the MS4 to the MEP? MS4. Are the BMPs selected and imp(emented for Construction The Construction Run-off Program prevents and eliminates Stormwater Pollution Prevention appropriate to minimize y stormwater pollution thru the inspection and enforcement 4. pollutants in the MS4 to the MEP? process. Are the BMPs selected and imp(emented for Post- The Post-Construction inspection program is successful in Construction Runoff Management appropriate to minimize Y reducing stormwater pollutio� to the maxirnum extend possible 5. pollutants in the MS4 to the MEP? using eforcemerrt measures if necessary. Are the BMPs se(ected and imptemented for Good Since many of the BMPs in Federal Way's Operation and Housekeeping for Municipal Operations appropriate to Nq Maintenance program were oniy recently fully implemented in 2010, the City has not had adequate time to evaluated the 6. minimize pollutants in the MS4 to the MEP? success of those BMPs. REAAIwDER: Answer eacfi question YINlNA and provide necessary backgraund information in th�Cor, field. Proceed to the next tab. Page 1 of t VII. Information Collection, BMP Evaluation, and Monitoring Complete Part C for ali annuai reports. C. Changes in BMPs or objectives (S8.6) if any of the BMPs or objectives is being changed, list the old BMP and objective, the new BMP and objective, and a justification for the change below. (S8.B.2., and S9) NOTE: You may choose to attach additional documentation justitying Changes in BMPs or objectives. Note such attachments in the Justification for change field. Old BMP There have been no significant changes to Oid Objective New BMP New Objective Justification for Change Page t of 1 REMINDER: Provide necessary background inforrnation. Proceed to the next tab. VII. Information Collection, BMP Evaluation, and Monitoring D. Preparation for future, lo�g-term monitoriag Compiete section D for the fourth annual report only. Q�� YlauNa Comments 450 word limit) Identified outfalis or conveyances for long-term stormwater monitoring? Y 1. (S8.C.2.a) Attach site maps and descriptions. 1b. (S8.C.2.a) � [dentified at least two questions for SWMP effectiveness monitoring and 2. deveioped monitoring plans? (S$.C.2.b) Attach the proposed questions and monitoring plans for SWMP 2b. effectiveness monitoring. (S8.C.2.a.ii) Monitoring plan developed for each 3. question? (S8.C. t.b.iii) 3b. Attach a copy of the monitoring plan. Identified sites in preparation for future, long-term monitoring? (S8.C. l.a., and 4. S8.C.2.b) Attaeh a summary of the status of site identification for long-term stormwater monitoring; proposed questions for SWMP effectiveness monitoring; and status of developing the SWMP 4b. effectiveness monitorin� plans. Y `. Y i Y Nam� of Atfachment? Page Number'? See Attachment Preparation for Future, Long-Term Monitoring See Attachme+�t Prep� Long-Term Monitoring See Attachment Prep Long-Term Mo�itoring Future, See Attachment Prep Long-Term Monitoring for Future, �ttachment Preparation Term Monitoring See Attachment Prep Long-Term Monitoring See Attachment Prep Long-Term Monitoring � ! � for Future, for Future, REMINDER: Check your work: did you answer each question, prouide necessary background informatian in the Comments field, and note the filename and page numUer uf all reyuired documentatiForr in the Attachmen# field? This is the ftnat #.�b af the �nnual Repart warkshee#. Please review the errtire worksheet far campieteness arid accuracy and save this documerrt. Email this Annual Report fil� PLUS , any ider►tified attachments to: FH2 Wi4nnRpta�iecy.wa.gov no later than March 31. Mail two copies af �the entir� package ta the ar�dress lis#ed on the Certificativn tab. Page 1 of 1 2010 Annual Report Attachment-Current Monitoring Studies Descri�ption af starmwater monitoring, studies, or type of ' information collected and analyzed during the reporting period. Staff Contact (S8.B.1) Continuous water quality monitoring at four (4) in-pipe MS4locations Dan Smith, 1 utilizing automated instrumentation for flow, dissolved oxygen, Water Quality Coordinator temperature, and pH. 253-835-2756 Dan Smith, 2 Continuous water quality monitoring at one (1) in-pipe MS4location Water Quality Coordinator utilizing automated instrumentation for turbidity. 253-835-2756 Continuous water quality monitoring at three (3) surface water Dan Smith, 3 locations utilizing automated instrumentation for flow, dissolved Water Quality Coordinator oxygen, temperature, pH, and turbidity. 253-835-2756 Continuous water quality monitoring at two (2) surface water Dan Smith, 4 locations utilizing automated instrumentation for flow, dissolved Water Quality Coordinator oxygen, temperature, and pH. 253-835-2756 Continuous temperature monitoring at approximately thirteen (13) Dan Smith, 5 individual (both MS4 and surface water) sites utilizing automated Water Quality Coordinator loggers. 253-835-2756 Various grab samples collected to quantify stormwater contaminants Dan Smith, 6 of concern associated with prohibited stormwater discharges and code Water Quality Coordinator enforcement action. Samples were submitted to a local environmental 253-835-2756 laboratory for analysis. In-stream B-IBI macroinvertebrate samples collected and analyzed Dan Smith, 7 Water Quality Coordinator from twelve (12) individual sites. 253-835-2756 Hollie Shilley, 8 Catch basin sediment level monitoring. NPDES Coordinator 253-835-2752 Dan Smith, 9 Volunteer water quailty monitoring data. No quality control review or water Quality Coordinator data evaluation was conducted on this data. 253-835-2756 Preparation for Future, Long-Term Monitoring City of Federal Way December 10, 2010 On October 29, 2010, the Stormwater Work Group (SWG) submitted a report to the Department of Ecology (Ecology) titled: "Recommendations for Municipal Stormwater Permit Monitoring". This report suggests specific monitoring requirement recommendations for the next Phase II Municipal Stormwater Permit term, and is an important component in the establishment of a new Stormwater - Assessinent and Monitoring Program for Puget Sound (SWAMPPS). The SWG is comprised of a divergent group of stakeholders, including Ecology, Puget Sound Partnership, State Agencies, Federal Agencies, Local Governments, Business Groups and Environmental Groups. All members of the SWG and its various caucuses have provided strong support for the "Recommendations for Municipal Stormwater Permit Monitoring" document. Department of Ecology staff has publicly expressed their support of the SWG report referenced above, and are preparing to fashion the next reissuance of the Phase II permit and associated monitoring requirements based on the detailed recommendations provided therein. This includes monitoring focused on receiving waters rather than outfalls. Given this, the City of Federal Way anticipates that the stormwater monitoring design proposed in the current Phase II Municipal Stormwater Permit (S8.c, stormwater monitoring and targeted Stormwater Management Program effectiveness monitoring) will not be prescribed in the next permit cycle as it does not align with the SWG recommendations. The following information includes "preparation for future, long-term monitoring" per section S8.0 of the current permit. These are proposed monitoring programs only, and should be considered draft and subject to modification as necessary. S8.C.a. Stormwater Monitoring The City of Federal Way has identified the following three (3) outfalls or conveyances where stormwater sampling could be conducted: Commercial Land Use Sampling Location: Kitts Corner Regional Detention Facility (RDF) Outlet See Map 1 The Kitts Corner RDF drainage basin captures runoff from approximately 746 acres. The following is a breakdown of land use area by percentage: 72.1% Highly developed commercial (zoned Community Business) 23.4 % Multi family 4.5% Residential - The Kitts Corner RDF is situated within an easement on private property. The 68 acre-feet facility is located at the headwaters of the Main Branch West Hylebos Creek, a watercourse that provides spawning and rearing habitat for Chum, Coho, Chinook salmon as well as resident cutthroat trout. Flow from the RDF is characteristic of the quality of the stormwater in the selected drainage area. Preparation for Future, Long-term Monitoring City of Federal Way December 10, 2010 Page 1 of 8 The site is currently equipped with automated stormwater monitoring (YSI� 600XL sonde) and flow monitoring (ISCO� 4150/42501ow profile area-velocity probe) equipment. Future modifications could allow flow-proportional stormwater monitoring. Currently, there are no known significant water quality concerns downstream of the Kitts Corner RDF. A future permit-required long-term water quality monitoring program would specify the list of stormwater contaminants to be sampled. Hi�h Densitv Residential Land Use Sampling Location: Discharge from Club Palisades apartment complex See Map 2 A survey of potential locations in the city was conducted to determine the feasibility of establishing long-term stormwater monitoring which captures a majority percentage of stormwater from a high density residential land use area. Following the survey, a review of each location's practical limitations (size constraints, access, security, and structural configuration) was conducted. As a result, the Club Palisades apartment complex discharge site was selected as the best alternative. Flow from the apartment complex is characteristic of the quality of the stormwater in the selected drainage area. Stormwater exits the apartment property through an 18 inch CMP, and discharges into a 60" CMP stormwater trunk MS4 near the southeast corner of S. 272" St. and Star Lake Road. Stormwater is conveyed from here to a wetland located in the City of Kent and ultimately into McSorley Creek which is tributary to Puget Sound. One hundred percent (100%) of the stormwater tributary to the Club Palisades sampling site is generated from the 19.6 acre-750 unit apartment complex. Currently, there are no known significant water quality concerns downstream of the Club Palisades apartment complex discharge point. A future permit-required long-term water quality monitoring program would specify the list of stormwater contaminants to be sampled. Industrial Land Use Sampling Location: South 356` Street Regional Detention Facility (RDF) Outlet See Map 3 The South 356`�' Street RDF drainage basin captures runoff from approximately 230 acres. The following is a breakdown of land use area by percentage: • 100% Industrial (zoned Commercial Enterprise) The South 356` Street RDF is situated on city-owned property. The 21 acre-feet facility is located at the headwaters of the North Fork of the West Hylebos Creek, a watercourse that provides spawning and rearing habitat for Chum, Coho, Chinook salmon as well as resident cutthroat trout. Preparation for Future, Long-term Monitoring City of Federal Way December 10, 2010 Page 2 of 8 Flow from the RDF inay not be entirely characteristic of the quality of the stormwater in the selected drainage area due to the placement of a coalescing plate oiUwater separator at the inlet. If this is considered a practical limitation, the sampling site may be moved upstream of the O/W separator. The site is currently equipped with automated stormwater monitoring (YSI� 600XL sonde) and flow monitoring (ISCO� 4150/4250 low profile area-velocity probe} equipment. Future modifications could allow flow-proportional stormwater monitoring. ' Currently, there are no significant water quality concerns downstream of the Kitts Corner RDF. A future permit-required long-term water quality monitoring program would specify the list of stormwater contaminants to be sampled. S8.C.b. Stormwater Effectiveness Monitoring The City of Federal Way has selected the following two sites where water quality monitoring may be conducted to determine the effectiveness of the Stormwater Management Plan (SWMP) at controlling stormwater-related problems which are directly addressed by actions in the SWMP. South 356` Street ReEional Detention Facilitv (RD� Outlet SWMP component affected.• SS.C.S, Pollution Prevention and Operation and Maintenance for Municipal Operations Statement of the Question: Will the planned South 356`� Street Regional Detention Facility (RDF) Retrofit project produce a measurable improvement in downstream water quality? Hypothesis: The South 356'�' Street Regional Detention Facility (RDF) Retrofit project will improve water quality downstream in the North Fork West Hylebos Creek including temperature, turbidity, B-IBI, and excessive flows/ stream channel erosion. Description of the project.• The proposed project, funded by the ZO11 Department of Ecology Stormwater Retrofit and LID Grant Program, will involve the following: • Adjustment of model parameters to optimize pond design. • Development of improved conveyance outlet controls. • Construction of a deep water wet pool with sub-surface outlet to facilitate cold water releases. • Incorporation of additional capacity to improve flow control and add an additional level of spill control. How and w� is this issue siQnificant to the Cit�o�Federal Wav and the communitv? Regional storage facilities are important part of the MS4 conveyance system. When operating properly, they help to control untreated stormwater (which may contribute elevated temperatures, toxic metals, organic compounds, and bacteria) from impacting aquatic habitat and downstream beneficial uses (beach closures for swimming and shellfish harvesting). Flow contro( also prevents stream bank erosion, downstream flooding and is a critical feature deployed during spill events. Federal agencies identified habitat loss from stormwater runoff as one of the primary obstacles to salmon recovery, (Ecology, 2010}. Preparation for Future, Long-term Monitoring City of Federal Way December 10, 2010 Page 3 of 8 What types ofwater c�uali samplin wiZl�rovide answers regarding effectiveness? Water quality monitoring will be conducted at both the RDF outlet (stormwater) and at downstream North Fork West Hylebos Creek locations (receiving water) by Surface Water Management (SWM) staf£ Temperature, turbidity and benthic macro invertebrates (B-IBI) will be monitored. • Temperature will be monitored at both the RDF outlet and at downstream locations utilizing continuous temperature monitoring thermistors contained in optical TidbiT StowAway Loggers � and YSI � 6-series multi-parameter sondes. A sample collection, calibration, quality control and data management Quality Assurance Project Plan (QAPP) will be based upon a previously prepared document: Stormwater Temperature Monitoring, City of Federal Way, Washington, 2006. • Turbidity grab samples will be collected at both the RDF outlet and at downstream locations and analyzed with a HACH 2100P Portable Turbidimeter that is periodically calibrated with StablCal Stabilized Formazin Standards. Measurement, data acquisition and quality control procedures will be developed. • Benthic macroinvertebrate field sampling procedures will be consistent with those of Fore et al., 1996 and Karr and Chu, 2001, modified per Chad Wiseman, Department ofEcology. Procedures will follow a previously prepared document: West Branch Hylebos Creek Restoration QAPP, City of Federal Way, Washington, 2003 How might the results of the monitoring be signi�cant to other MS4s? The proposed monitoring may inform other MS4 permittees as to the effectiveness of a RDF retrofit with the same scope, size, and downstream water quality concerns. What are the expected modi�cations to mana�ement actions based upon the outcome of the hypothesis testing? In order to determine whether the selected SWMP component (SS.C.S, Pollution Prevention and Operation and Maintenance for Municipal Operations) is achieving the targeted environmental outcome, the SWMP may be adjusted. Although the project design has not commenced yet, features will be installed that will allow for the regulation of flow at the outlet. The results of the on-going monitoring effort (temperature, turbidity and B-IBI) at both the RDF outlet and at downstream locations can be used in the implementation of the RDF optimum management action (i.e. decrease flow rate) that is best protective of water quality. IDDE Comnliance Samnling SWMP component affected.• SS.C.3, Illicit Discharge Detection and Elimination Statement of the Question: Will water quality compliance sampling inform whether the selection of an Illicit Discharge Detection and Elimination (IDDE) compliance action is effective? Hypothesis: The effectiveness of the ongoing program to detect and address non-stormwater discharges, including spills, and illicit connections into the MS4 will be assessed through the implementation of a water quality compliance sampling program. Description of the program: Once an IDDE compliance investigation is initiated (based upon complaints, reports or monitoring information that indicates a potential illicit discharge, including spills), Surface Water Management (SWM) will collect confirmatory water samples (if possible) at Preparation for Future, Long-term Monitoring City of Federal Way December 10, 2010 Page 4 of 8 the time of discovery, or shortly thereafter. These initial samples will be used as a pre-enforcement baseline. Sampling will then be repeated following the completion of prohibited discharge corrective actions pursuant to enforcement prescribed by FWRC, Title 16, Surface Water Management. How and why is this issue si�ni�cant to the Cit�ofFederal Way and the communitv? Prohibited stormwater discharges occur for various reasons, including but not limited to: illicit discharges, illicit connections, illegal dumping, equipment malfunctions, and operating accidents. These incidents may result in contamination of private or public property that causes harm to public health, as well as natural, cultural and economic resources. Illicit discharges into MS4s can often include wastes and wastewater from non-storm water sources which can enter the system through various means. This results in untreated discharges that contribute to high levels of pollutants including heavy metals, toxics, oil and grease, solvents, nutrients, viruses, and bacteria. What txpes o�water qualitv sa�linn� will �rovide answers re a� rdin�e�f'ectiveness? The following lists some of the most common types of water quality problems caused by prohibited stormwater discharges: • Sewage flows produced from sewer pipes and septic systems. • Wash wastewater flows generated from a wide variety of activities and operations. Examples include discharges of gray water from private property and commercial sites. • Liquid waste discharges such as oils, paints and process wastewaters that enter the storm drain system from spill events, illicit discharges ar illegal dumping activity. SWM will utilize various indicator parameters and analytical methods that are simple, cost effective, and safe. The exact combination of indicator parameters and methods selected will be unique for each prohibited discharge investigation. How mi�ht the results of the monitorin� be significant to other MS4s? The proposed monitoring may inform other MS4 permittees as to the effectiveness of various prohibited discharge enforcement options, and the selection of appropriate BMPs to control and/or eliminate stormwater pollution. What are the expected mod�cations to mana�ement actions based upon the outcome of the hvnothesis testinQ? In order to determine whether the selected SWMP component (SS.C3, Illicit Discharge Detection and Elimination) is achieving the targeted environmental outcome, the SWMP may be adjusted. Water quality sampling results may inform the proper selection of enforcement actions that are most effective. These include: Stormwater Quality Inspection Notices;_Informal IDDE Enforcement Actions (i.e. Water Quality Warning Letters); Stormwater Discharge Voluntary Correction Agreements; and Notices of Violation and Order to Correct and Order to Cease Activity. Preparation for Future, Long-term Monitoring City of Federal Way December 10, 2010 Page 5 of 8 Map 1 Commercial Land Use Kitts Corner Regional Detention Facility (RDF) Outlet �� r� �� : ��- o�'r� �,�.�r � f g F� f e� 3 "�..n�.»nw.r..ir:F >� .....# �..:x ^�-^^--"�x:w..� ��..uw...0 ...�,...,..� , �.,r`... �� # $$ ` ,�_` ,; s � �� -. � �x � �� F.,- �:�� - � � �. � � ;�.. ; � $ �,�..•. _,— t ry� � 3 �e �'��° � ,. ?s �. .�� <, � � „� � F � m 5 � ,.. �, � : �� , �'�� V � � � � ,� a� �� . � � � ��; 3 � -¥�� _.. E� ,�"� �,._ ��. ��.m � t�� ; x::a Preparation for Future, Long-term Monitoring City of Federal Way December 10, 2010 Page 6 of 8 Map 2 Hiqh —Densitv Residential Land Use Discharge from Club Palisades Apartment Complex Preparation for Future, Long-term Monitoring City of Federal Way December 10, 2010 Page 7 of 8 , - . �� Map 3 Industrial Land Use South 356 Street Regional Detention Facility (RDF) Outlet �: � ms. -�� , � � a� �, �� g � � Pi� � � , , ..{ ! �., ...} �� - �9. � ,x a�' �� a � `°�� .,...,.w�,., z �� } �. �_ � � �;` � "��` : �� _�«�.: � �;. w ��.,,_w �� . � �,.„�, .� °� �� _� x"�'9� . ,.a;..� � �,,. „ ��3� �:R ry �� ; �� `��,� _ '� � � �� :.��. � �� , �_;. r, � z �: Preparation for Future, Long-term Monitoring City of Federal Way December 10, 2010 Page 8 of 8 Low Impact Development Implementation Report City of Federal Way February 10, 2011 The February 2, 2009 Pollution Control Hearings Board (PCHB) ruling on an appeal of the Phase II Municipal Stormwater Permit required that Ecology begin to prepare Western Washington Phase II permittees for future implementation of Low Impact Development (LID). On June 17, 2009 Ecology modified the Phase II Western Washington permit conditions to add reporting requirements on advancing the use of low impact development practices in new development and redevelopment. Special condition S9.E.4 of the modified permit requires the permittee to submit with the Annual Report information that includes: ■ A Summary of Identified Barriers to the use of Low Impact Development (LID) within the area covered by the permit and measures to address the barriers. ■ A Report Describing: • LID practices that are currently available and that can reasonably be implemented within this permit term. • Potential or planned non-structural actions and LID techniques to prevent stormwater impacts. • Goals and metrics to identify, promote, and measure LID use. • Potential or planned schedules for the Permittee to require and implement the non-structural and LID techniques on a broader scale in the future. In October 2009, Ecology convened a stakeholder advisory process to provide input on LID requirements that are expected to be incorporated into the next permit cycle. The stakeholder committee worked closely with Ecology to define the scope of low impact development techniques, criteria for determining the feasibility of LID techniques, performance standards, and a timeline for future implementation. At the final meeting of the LID advisory process on August 12, 2010, Ecology presented a draft LID proposal outline. The process of permit reissuance includes a number of opportunities for public input. Ecology plans to issue a draft permit in Spring of 2011 for public review and comment and over a two year review process, will make final decisions on LID permit requirements. The following report produced by the City of Federal Way is intended to provide Ecology with additional input and to better prepare the City to implement LID requirements that are expected in the upcoming permit cycle. Please note that listing an action in this report does not constitute a commitment to implement suggested changes. Federal Way intends to wait for further direction from the Department of Ecology for specific implementation and deadline requirements. LID Implementation Report City of Federal Way January 24, 2011 Page 1 of 6 Section 1. Identified Barriers and Measures to Address Them The Federal Way Municipal Code is already very compatible with low impact development concepts and principles and does not pose any clear impediments to its implementation. For the purpose of this exercise, specific sections of code have been identified that pose opportunities to further incorporate and encourage the use of LID: 1.1 Federal Way Fire Code Cha�ter 5: Section- 5-34 In the fire code, two LID-related issues arise relate to road surfaces and road width. Roads and parking areas are the largest contributors of imperviousness in most developed areas. LID emphasizes minimizing impervious surface coverage. This can be achieved through narrower roadways and incorporation of pervious paving materials. There is no language in the Federal Way fire code that specifically precludes use of pervious surfaces along emergency access routes. Code language could be developed that encourages pervious pavements that also address the need for these surfaces to be capable of supporting emergency equipment. The specifications for dimensions of the fire apparatus road require an unobstructed width of no less than 20 feet. The City offers some flexibility allowing more narrow driveways and fewer turn around areas on driveways where structures are sprinklered or other fire suppression techniques are employed. In the section of Code addressing smoke and heat vents there may be a perception of potential conflict when vegetated roofs are incorporated. It may be helpful to supply recommendations for vegetated roof use that accommodate smoke and heat vent requirements. 1.2 Federal Way Subdivisions De� Criteria c� Im�rovements — Chapter 20, Article III & IV.• Reducing impervious surface coverage in site development is one important component of LID design. The LID Technical Guidance Manual for Puget Sound identifies LID as a stormwater management strategy that emphasizes conservation and use of natural site features with distributed, small-scale stormwater controls to more closely mimic hydrologic patterns in residential, commercial, and industrial settings. The City does have a current policy to not allow LID in the public rights of ways due to insufficient information regarding performance and future maintenance requirements. Federal Way's Subdivision Design Criteria (Article III) and Improvements (Article IV) are already LID compatible, with provisions for cluster subdivisions, the conservation of open space, natural vegetation retention, identification and protection of significant trees, as well as the use of bioretention swales for storm drainage. LID Implementation Report City of Federal Way January 24, 2011 Page 2 of 6 This section of the code contains a few areas where existing standards could be adjusted to further encourage the use of LID practices. The amount of open space required in subdivisions could potentially be increased from the current standard of 15 percent of the gross land area. Under the "Landscaping protection and enhancemenY' (section 20-186), further language could be added encouraging the preservation of existing trees on the site whenever feasible, as well as planting new trees and shrubs of a native character. The inclusion of a selected native trees and plant list could also be beneficial. In regards to storm drainage (Section 20-183), additional criteria for the design of stormwater facilities which incorporate LID techniques could be established. 1.3 Federal Way Zoning — Chapter 22 Article XI — Land Use Charts: As noted above, reducing impervious surface coverage in site development is one important component of LID design. Some zones within the City, including the Professional Office (PO zone), Neighborhood Business (BN), Community Business (BC), City-Center Core (CGC), City Center and the Office Park (OP) zone have no maximum lot coverage requirement. The City may consider setting some maximum lot coverage standards by zone to minimize impervious surfaces while still allowing for the type of vertical development that Federal Way is pursuing for its Downtown Core. Article Xi�— Off-Street Parkin� In many communities, parking lots are second only to roads as a source of impervious surface coverage. Reducing impervious surfaces associated witl� parking can be achieved in a variety of ways such as: ■ Reduce the minimum number of parking stalls ■ Specify a maximum number of parking stalls ■ Reduce parking space dimensions and circulation corridors and/or provide for higher percentage of compact stalls ■ Limit the amount of impervious surface coverage and provide direction for the use of pervious pavement and other materials Reducing the effective impervious surface area of parking is equally important, and can be mitigated by interrupting massive sheet run-off through landscaping and planting islands. Originally, the main purpose behind most planting islands was aesthetic. However, slight modifications to planting details and plant selection can allow planting islands to fulfill stormwater functions as well as provide an aesthetic benefit. It would be beneficial to add provisions to the code that directly address reducing the amount of impervious surfaces in parking lots as well as provisions for the use of pervious paving. These code revisions could include detail drawings for LID parking lot design, and refer to the landscaping and stormwater drainage details, so that the incorporation of LID is consistent throughout various sections of the City Code. LID Implementation Report City of Federal Way January 24, 2011 Page 3 of 6 Article Xijl — Improvements: With respect to road sections and other improvements described in Article XVI, the primary obstacles to LID are that the City's requirements call for all curbs to be vertical, except for areas located in the low and medium density single-family residential comprehensive plan designation or temporary improvements. Curb and gutter requirements in street construction can limit opportunities for LID stormwater management techniques such as roadside bioretention swales. The City may want to allow alternative cross-sections that reflect the following LID road design principles: ■ Roads that are canted or pitched to a bioretention swale ■ Curbs and gutters with "breaks" to allow surface water to enter the bioretention faciliTy ■ Sections consistent with manufacturer recommendations for alternative surfacing materials for sidewalks, parking, and vehicular travel. Article XVII — Landscapin� The City's landscape code has provisions for native tree retention, encouraging the use of native Pacific northwest and drought-tolerant plant materials, inclusion of bioretention swales and other surface water/water quality structures incorporated into landscape areas, mulching standards, the protection of significant trees and flexibility for creative design through modification options (Section 22-1570). The City's current tree retention standards establish general percentages for the amount of significant trees to be retained on the property, in addition to a replacement rate. The City has further detail in the code that introduces the concept of "Tree Canopy Cover" which enhances the existing significant tree retention requirements by establishing a system of tree unit credit requirements. There are only a few areas where LID practices could be encouraged further. Landscaping and the retention of native vegetation are two LID tools that can play a key role in reducing stormwater runoff, providing ecological habitat, arid preserving natural drainage patterns. The City could also consider adding low Impact incentives to the code offering an increase in the spacing of trees and shrubs and groundcover in exchange for implementing low impact practices and techniques. The inclusion of an appendix with detailed descriptions of species native to the Pacific Northwest would also be helpful in this section. LID Implementation Report City of Federal Way January 24, 2011 Page 4 of 6 Section 2. LID Practices, Goals, Planned Actions and Timelines 2.1 LID Practices Currently Available Federal Way has effectively removed all barriers that would prevent the use of LID for new development and redevelopment in the City and offers the use of LID techniques on a voluntary basis. The City has adopted as guidance, the latest version of the Low Impact Development Technical Guidance Manual for Puget Sound and allows the use of BMPs from this manual to meet identified pollutant removal goals and flow control performance standards with approval. Specifically, the City encourages the use of the following LID practices when conditions make it a feasible option: The use of LID alternatives, such as permeable surfacing and on-site stormwater management facilities are encouraged. Developments are encouraged to use parking lot landscaping as on-site stormwater infiltration facilities. Pervious paving techniques may be used on private roads where feasible. City code also contains provisions for cluster subdivisions, the conservation of open space, natural vegetation retention, protection of significant trees, as well as the use of bioretention swales for stormwater drainage. 2.2 Potential Non-Structural Actions and LID Techniques Low Impact Development principles and applications present a significant conceptual shift in stormwater management. Conventional tools to manage stormwater emphasize collection and conveyance of stormwater while LID is a strategy that emphasizes conservation and use of existing features to mimic natural hydrology. In arder to fully embrace the shift to LID stormwater management, changes may be necessary within the City's comprehensive plan or other land use policies in order to reflect this new vision. In the future, the City may consider adopting additional policies to further advance the implementation of LID practices such as: ■ Developing an incentive-based program to promote the use of LID ■ Increasing flexibility to allow for more experimental designs ■ Impervious surface limits ■ Allowing for alternative building designs to reduce footprint and disturbed areas ■ Changes to Site planning and layout that takes advantage of natural features ■ Programs to encourage Infill and redevelopment to reduce creation of new impervious surfaces Section 3. Goals and Metrics to Identify, Promote, and Measure LID Use LID Implementation Report City of Federal Way January 24, 2011 Page 5 of 6 Ecology recommends that permittees provide indicators of progress in implementing LID techniques identified in this report. Permittees should identify goals for expanding the use of LID and establish methods for achieving these goals. As we wait for Ecology to develop the anticipated LID requirements for the next permit, the City of Federal Way plans to focus on expanding staff training and public education as a means to further prepare for LID implementation. Staff Training-adequate training is necessary for planning department counter staff, permit reviewers, inspectors, staff performing code enforcement, and also those involved in maintenance activities in order to provide guidance, review permit applications, and inspect LID facilities. There will be various levels of training which may include participation in a certification program, in-person training or tutorials available on the web. It may be necessary to prioritize workload internally to increase staff availability to work on implementing future changes to code and regulations for LID. Developers- Developers that are more knowledgeable in LID will produce better products for review (during permit review process). City staff will provide brochures, pamphlets, and mailings illustrating the benefits provided by LID, the uses of LID, and the types of LID techniques available. Elected Officials and the Public- There is a need to increase acceptance and understanding of Low Impact Development within upper management, among elected officials and within the community in general. Because LID is a relatively new concept, there is a general perception that LID is not proven and that the technology is untested. It would be beneficial to highlight local LID projects that have been successful and encourage people to visit various demonstration LID projects in the region. Regional Collaboration-Collaboration and sharing of information among local municipalities would be very beneficial. The City of Federal Way will support and participate in local forums where permittees can share strategies for successfully implementing LID and share LID accomplishments and lessons learned. Section 4. Timeline to Implement LID Techniques on a Broader Scale in the Future The City anticipates that Ecology will outline very specific deadlines for implementation of LID requirements in the next permit cycle. At this point in time it is difficult to generate an implementation schedule before knowing what changes will be necessary within the City's codes, development standards, comprehensive plan, and other policies in order to meet future NPDES permit requirements. The City intends to comply with deadlines in the next permit that Ecology determines feasible. LID Implementation Report City of Federal Way January 24, 2011 Page 6 of 6 COUNCIL MEETING DATE: March 7, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUB.TECT: Department of Ecology (DOE) Freshwater Algae Grant Acceptance POLICY QUESTION Should Council accept the DOE Freshwater Algae Grant ($33,517.50) and authorize SWM to transfer matching funds from unallocated in the amount of $11,172.50 into Operations? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: William Appleton P.E., Surface Water MEETING DATE March 7 , 2011 ❑ Public Hearing ❑ Other DEPT Public Works Attachment: Memorandum to the Land Use and Transportation Committee dated March 7, 2011. Options Considered: 1 Authorize the Mayor to accept the DOE Freshwater Algae Grant ($33,517.50) and to transfer matching funds from unallocated in the amount of $11,172.50 into Operations. 2 Do not authorize the Mayor to accept the DOE grant and provide staff direction. MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the March 15, 2011 City Council consent agenda for approval MAYOR APPROVAL: �' �m � DIRECTOR APPROVAL: '�"' � `,��_ Com 'ttee � ou cil Committee Council COMMITTEE RECOMMENDATION The Committee recommends forwarding Option 1 to the Ivlarch 15 2011 City Council consent agenda for approval. ^ n �- � �.�:u.,,�-- �- inda Kochma , Chair a Member �'xCil.�-E'. � Jack Dovey, Member PROPOSED COUNCIL MOTION "�ve to authorize the Mayor to accept the DOE Freshwater Algae Grant ($33, 517.50) and to transfer matching funds from unallocated in the amount of $11,172.50 into Operations. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED l reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 7, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor /I FROM• Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Managemer�'t� - ' William Appleton, P.E., Surface Water Manager � SUBJECT: Freshwater Algae Control Program Grant Acceptance BACKGROUND• Lakes within Federal Way are sensitive to excessive nutrient loadings due to their urbanized setting. Additionally the lakes are relatively shallow. These conditions combine to favor algal bloom formation. Due to an increase in Federal Way lake algae bloom-related incidents in recent years, Surface Water Management (SWM) applied for funding last fall through the Department of Ecology (Ecology) Freshwater Algae Control Program (FACP). On February 7, 2011, SWM received an offer letter from Ecology to fund SWM's proposed Federal Way Lake Algae Project. The four-year project covers algae monitoring and outreach efforts involving nine public and private lakes in Federal Way. Elements include: response to bloom reports, early detection investigations, water quality sampling, sample delivery/analyses, public notification, data collection, reporting, and community outreach. The Federal Way Lake Algae Project will identify problematic conditions occurring in City of Federal Way freshwater lakes that contribute to algal bloom formation. Most importantly, it will reduce public health threats and assist in the development of long-term nutrient reduction solutions. Additionally, the project will complement the following on-going surface water quality programs and public outreach efforts: the Steel Lake Management District, the North Lake Management District, the Dumas Bay Saltwater Algae Management/Research grant, and the Municipal Phase II Stormwater Permit. The FACP grant requires a 25% match, which will be obtained from unallocated SWM funds. The total amount being proposed for this program is $44,690.00, of which $11,172.50 would be SWM matching funds. This amount has been included in the 2011-2012 SWM Budget as a new program proposal. Staff is requesting that the Mayor sign the Federal Way Lake Algae Project Grant Agreement between the City of Federal Way and Washington State Department of Ecology. FRESHWATER ALGAE CONTROL PROGRAM GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF FEDERAL WAY THIS is a binding agreement entered into, by, and between the state of Washington Department of Ecology [DEPARTMENT] and the City of Federal Way [RECIPIENT]. The purpose of this agreement is to provide funds to the RECIPIENT to carry out the acti�i�i�s_described herein. PART I. GENERAL INFORMATION Project Title: Grant Number: A. RECIPIENT Information RECIPIENT Name and Address Federal Way City of Federa� �', �O Box 9718 ` �d�r�l Way, WA 8 RECIPIENT Contact Telephone Nt F� Number: E-mail Addre RECIPIENT Billing Teleph�ne � Fa� �umber; Address`: ID N B. DEP. DEPARTMENT DEPARTMENT Project Manager Telephone Number: F� Number: E-mail Address: 835-2 Dan Smith (2�3) 835-2756 (253) 835-2709 daniel.smith(�a,cityoffederalwav.com 91-1462550 Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Melanie Tyler (360) 407-7489 (360) 407-7151 mety461(�a,ecy.wa.gov DEPARTMENT Funding Source: Freshwater Algae Control Program Federal Way Lake Algae Project City of Federal Way FACP Grant No. DEPARTMENT Share: RECIPIENT Share: Total PROJECT Cost: DEPARTMENT Maximum Percentage: $33,517.50 $11,1'72.50 $44,690.00 75 percent The effective date of this grant agreement is {indicate the date t�� p�zt�� authorizatian began as identified in the prior authorization letter}, according to a priar��uthor��a.t�pn letter issued by the DEPARTMENT for this grant, which is incorparated by r��ere�ce. Any �c��k performed prior to the effective date of this agreement will be at the sole � arid risk of the �CIPIENT. Eligible costs incurred during the priar authorization ,�riod cannot exceed a tc�� Qf $ . Costs exceeding this amount will also be at the sa�e.��ense and risk of the REC'��T. The effective date of this agreement will �ie �he date this agreerne��, is signed by the DEPARTMENT's Water Quality Program Nlas�iager but no earlier �an �uly 1, 2011. Any work performed prior to the effective date of this �greem�r�� be at the sole expense and risk of the RECIPIENT. This agreement will ex}�i� PART II. POST PRO�+ The RECIP�Eh�'�" ��s to algae cont`oI outcorries a�tc years a�er project comp�ti The DEP RECIPIE no l��er than June 30; 2014. the a briefsi�r�ey regarding the key project results or freshwater �s of environmental results or goals from the project three C's Watf the Post The DEPARTMEI��' evaluate the Project, uality'`Program Performance Measures Lead will contact the ject Assessment date to request this data. �so conduct site interviews and inspections, and may otherwise of this assessment. Post Project Assessment Date: June 30, 2017 Freshwater algae control project outcomes to be evaluated at the Post Assessment include: • Development of procedures for algal bloom complaint response, incident tracking, and the management of the associated public health issues for these lakes: Steel Lake, North Lake, Twin Lakes (Lake Lorene and Lake Jeane), Mirror Lake, Fisher's Bog, Easter Lake, French Lake, and Brooklake. Page 2 of 9 Federal Way Lake Algae Project City of Federal Way FACP Grant No. PART III. PROJECT DESCRIPTION The project will involve the implementation of a comprehensive freshwater lake algae bloom management program in the City of Federal Way. Efforts will include a refinement of Surface Water Management (SWM) activities that will include: response to public reports/complaints, field evaluations, site inspections, water quality sampling, sample delivery/analyses, public notifications, data reporting, and community outreach. PART IV. PROJECT BUDGET Title: Federal Wav Lake TASKS Task 1. Project Manageme Task 2. Algal Bloom Inspections, Investigations and Response Task 3. Sampling and Analysis Task 4. Data Reporting a�s Public Notifications Task 5. French Lak� `' ' Maintenance Total* * The DEPA�T`1��''s, F MATCHING REQVfR�; DEP�TMENT Share (r RECIPIE�IT Share (25 % Eligible costs.inay consist contributions. Adjustments to bu��t,.nun mana�er and are subie�� to '�'OTAL COS FY2011 FY2012' F� $103.11 $515.63 �� $312.50 , $1,562.50 $�; $563.75 $2,81$.7S $2, ��70.00 $ � s�50.00 $ I,; GIBLE 5.63 818 FY2014 ' �``� Totals $515.63 $1,650.00 $1,562.50 $5,000.00 $2,818.75 $9,020.00 0.00 � $1,350.00 � $4,320.00 $1,s�3.7s ( $�,�l�s..�s � ��,�ig.�s � ��,�IS.�s � $za,�oo.00 �G5.63 � $13,965.63 � $13,965.6: to the Total Eli�ible Proiect Cost. of T�� , $33,517.50 'EC) ' $11,172.50 y combination of Cash, Interlocal, or In-kind between fiscal years must be approved by Ecology's project 1. Payment Request Submittals: Payment requests will not be submitted more often than monthly, unless allowed by the DEPARTMENT's Project Manager. The. DEPARTMENT's Project Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. 2. Payment Schedule: Payments will be made on a cost reimbursable basis. Page 3 of 9 Federal Way Lake Algae Project City of Federal Way FACP Grant No. PART V. SCOPE OF WORK Task 1. Proiect Administration/Manasement A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; attainment of all required permits, licenses, easements of property rights necessary for the project; and submittal of requ�e�:performance items. B. The RECIPIENT will manage the project. Efforts wi11 i��d� condu and scheduling of project activities, and assuring quali�t�i�contr�l::: ThE make every effort to maintain effective communica�iori with the l�:E� designees, the DEPARTMENT, all affected loca�, �ta�e, or federal j� interested individuals or groups. The RECIP��iT will carry out this accordance with any completion dates outl�� n this ��xeement. C. The RECIPIENT will submit all invoice vouchers; c+p�esp documents, to the DEPARTMENT Project Manage�. ;Invc include a state of Washington In�t�ie� Voucher Form A��. forms as described in the current et�itic�n Qf Administrative Grants and Loans, and Form D(wh�a app�s��b�e�. Copies included with an original A19-lA form, and wi�� be �ubmi Blank forms are found in the current editian of Adrtii��a Grants and Loans a�r ��cl�nic forms can be obtained fron Reimbursernents � to the RECIPIEN'' Ci� c��F�s ° MS:Fin�� P.O. Box � ��. Federal W D. The R��PIENT the DEPAR 98U�3-9718 ;ting, coordinating, RECIPIENT will PIENT's sdictions, and any s��ct in �ntience, and project ce voucher submittals will l A, the appropriate B and C E�equirements for Ecology �f�Il applicable forms will be ted to the DEPARTMENT. ive Requirements for Ecology the Proj ect Manager. invoice voucher submittals will be mailed address: to the DEPARTMENT the following documents and in the quantities i�ie�2tified:. ' • Draft praject completion reports — electronic copy • Fina1 project completion reports — electronic copy and five hard copies The RECIPIENT will submit two copies of any document(s) that require DEPARTMENT approval. Required Performance: 1. Effective administration and management of this grant project. Page 4 of 9 Federal Way Lake Algae Project City of Federal Way FACP Grant No. 2 3 Maintenance of all project records. Submittal of all required performance items, progress reports, financial vouchers, and maintenance of all project records. Task 2— Al�al Bloom Inspections, Investigations, and Response (Total Cost: $5,000.00) A. Pursuant to reports received by the RECIPIENT from residents or city staff, the RECIPIENT will conduct initial inspections at the target site(s). Follow up efforts may include more detailed surface water investigations and respons��-�signed to protect public health or aquatic resources. The RECIPIENT will focus efforts on City of Federal Way lakes, including but not limited to: Steel Lake, Nort�r"��.e, Lake Lorene, Lake Jeanne, Mirror Lake, Fisher's Bog, Easter Lake, Frene� `Lake �i� Brooklake.. R�ce uired Performance 1. Receive citizen/staff reports and 2. Travel to site and inspect water quat 3. Conduct initial investigation. 4. Determine appropriate response (i.e. inspection as needed. _ Task 3— Samnling and Analvsis (Total A. If the initial investigation (Task 2) incti RECIPIENT will co��t�water quality ), and conduct follow-up bloom is present, the T will deliver samples to either the Ecolog� �r`��r algal identi�cation and toxicity-testing service (King County Enviroat�aental Lat�};:ar to a private �aboratory (Water Management Laboratories, Tacoma) depenc�.�n�.on specif c considerations. These considerations may include: (1) the need for specific ana�ykica2 � axound times due to scheduled events that use the water bodies (z.e, triathlon); inore ra��t1 t�atri�=around in anticipation of holidays or when weei�end'aria��Z�� is pre�'e�� and (3} when specific type of reporting result details are d�sired (i.e. spec��s �,ensiti�s ��rsus more general present/dominant/subdominant 1. 2. 3. 4 — Data .00) (Total Cost: $4,320.00) A. After receiving the laboratory reports, the RECIPIENT will conduct a review of the data and provide the necessary public notification and consultation to affected staff, lake groups, associations, and the general public. The RECIPIENT will use known contact information for electronic notifications through mechanisms such as subscribe or email. The RECIPIENT will provide on-site public notification by physically posting signs as- needed. .�pn at targeted sites. :y to selected laboratory. and report. Page 5 of 9 Federal Way Lake Algae Project City of Federal Way FACP Grant No. Required Performance 1. Data review. 2. � Consultation with City staff, HOAs, lake groups, private residents. Electronic notifications as needed. Posting signs as needed. Task 5— French Lake Maintenance (Total Cost $24,700.00) A. The RECIPIENT will continue to implement an aggressive and; program for the French Lake dog park pond. The program u�� : inspections and water quality enhancements to ensure, w�i�� pQ for park users that choose to use the pond for their pet'�:recreat� Required Performance 1. Provide necessary pond maintenance zn�luding periodic documentation of conditions, and �riplementatian of ma designed to improve water /:��f 17 A. Ectuipment Purchase. The fol] project: (Identify specific equi this project will not exceed $ At project continuing purchased. : C. control maintenance ;luae weekly ble, a safe environment will be e�€�iale for purchase through this cost of all ei�uipment purchased under �r�zed in writing by the Project Manager. t will b� retained by the RECIPIENT for ves for which the equipment was ��. The RECT�'I�NT rn`��+ ��iarge an indirect rate of up to 25 percent based on �ee'� ��c�_salary �d benefit costs incurred while conducting project-related The DEPARTMEN'F'� Financial Manager may require a list of items included in irect rate at �n� iime. Property and �ervices donated by organizations or individuals to accomplish grant requirements �n�y be used as in-kind match. Donated property and services must comply with the DEPA�`TMENT's current edition of Administrative Requirements for Ecology Grants and Loans and the Freshwater Algae Control Program Grant Guidelines (http://ww Documentation will be maintained by the RECIPIENT for all donated property and services and made available for review by the DEPARTMENT on request. Interlocal Match. The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements are consistent with all of the following: Page 6 of 9 Federal Way Lake Algae Project City of Federal Way FACP Grant No. 2 3 Terms of this grant agreement The edition of Administrative Requirements for Ecology Grants and Loans that is effective at the signing of this agreement. Chapter 39.34 RCW Interlocal Cooperation Act All negotiated interlocal agreements will be consistent with the terms of this grant Agreement, the DEPARTMENT's current edition (at the signing of this agreement) of Administrative Requirements for Ecology Grants and Loans and.Chapter 39.34 RCW Interlocal Cooperation Act. Upon request, the RECIPIENT vt�11 st�b�nit a copy of the final negotiated interlocal agreement(s) to the DEPARTME�TT's Project Manager. D. Meetin�ght Refreshments. The RECIPIENT may �pend up ��;.�50 per meeting for light refreshments associated with this project. The totat amount s�t�t for light refreshments under this agreement cannot exceed $250 `unless authori�i in writing by the Project Manager. E. Minoritv and Women's Business Participation. =`�'�e, R��'IENT agrees ta solicit and recruit, to the extent possible, certified minority-o�iiec� (MBE) and women-owned (WBE) businesses in purchases and contracts initiate� after the effective date of this agreement. Contract awards or rejections cannot M/WBE participation is encouraged, bidders or persons possible, in any � ; qualificatzQt�`"should initiated after the effe� on MB� or WBE participation. �.� ,R,.ECIPIENT and all prospective 1. Include qu� 2. Assure that flivide tfi��t�a quantities, to 4. � °Es�blish the following steps, when date of this agreement: and women's �usinesses on solicitation ]ists. r�� nd wona�n's businesses are solicited whenever they .:� . .. when economically feasible, into smaller tasks or � participation by qualified minority and women's where work requirements permit, which will encourage pat�iei�ation of qu�Iified minority and women's businesses. 5. Use th� services a�;ii assistance of the State Office of Minority and Women's Business �� Enterpns��OM�BE) and the Office of Minority Business Enterprises of the U.S. Department�� t��'Commerce, as appropriate. The RECIPIENT will report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. Please include the following information: 1. Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub-and/or sub-subcontractors. 2. The total dollar amount paid to qualified firms under this invoice. Page 7 of 9 Federal Way Lake Algae Project City of Federal Way FACP Grant No. F. Procurement. The RECIPIENT may elect to use its own forces or may contract for professional services necessary to perform and complete project related work. The RECIPIENT will ensure that this project is completed according to the details of this agreement. By signing this agreement, the RECIPIENT certifies that all applicable requirements have been satisfied in the procurement of any professional services. Upon request, the RECIPIENT will submit a copy of the final negotiated agreement(s) to the DEPARTMENT's Project Manager_ G. Pro re� ss Reports. The RECIPIENT will submit semi-annual �rogress Reports to the DEPARTMENT's Project Manager. Progress Reports fc�z� .��ary 1 through June 30 are due July 15. Progress Reports for July 1 through Dec�ber 3� are due January 15. Payment requests will not be processed if the required T�ogress �.�rts have not been submitted by the RECIPIENT. H. Time for Performance. In the event that the �CIPIEN�' fails to comme�� w�rk on the PROJECT within four months after the effective date of �is agreement, the DEPARTMENT reserves the right to terminate this agreement. Page 8 of 9 Federal Way Lake Algae Project City of Federal Way FACP Grant No. VII. ALL WRITINGS CONTAINED HEREIN This Agreement, the appended General Terms and Conditions, the DEPARTMENT's current edition of Administrative Requirements for Ecology Grants and Loans, and the Freshwater Al� Control Pro�ram Grant Guidelines contain the entire understanding between the parties, and there are no other understandings ar representations other than as set forth, or incorporated by reference, herein. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and made a part of this Agreement, EXCEPT, that in r��onse to a request from the RECIPIENT; the DEPARTMENT may change the grant expir�:�� date. The DEPARTMENT or RECIPIENT may change their respective sta;��intacts without the concurrence of either party. IN WITNESS WHEREOF, the parties sign this STATE OF WASHINGTON DEPARTMENT OF ECOLOGY KELLY SUSEWIND, P.E., P.G. DATE SKIP PI�TEST DATE w WATER QUALITY PROGRAM MANAGE�i., _ ��'��:�A,,YOR OF Page 9 of 9 COUNCIL MEETING DATE: March 15, 2011 CITY COUNCIL AGENDA BILL SUB.TECT: 2012 King County Conservation Futures Grant. POLICY QUESTION Should Council authorize staff to apply for 2012 King County Conservation Futures grant funding in the amount of $400,000 for the Hylebos Creek Project, add additional target properties to the project scope and transfer matching funds from SWM unallocated upon grant award? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ Ordinance ITEM #: � MEETING DATE March 7, 2011 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: William A leton P.E. Surface Water Mana er /T7 DEPT Public Works _...._.__ ................_....__.._............................__...................-----..__...........---._.PP _ . ..� . ._.� ..._._..._.......................__..._........................._.._._.........�.................__.._.._........_....._..._.._._'_._._........__....._._..__..._.._.._.......-----.._._..._..------------------ Attachment: Memorandum to the Land Use and Transportation Committee dated March 7, 201 l. Options Considered: 1 Authorize staff to apply for 2012 King County Conservation Futures grant funding in the amount of $400,000 for the Hylebos Creek Project, add additional target properties to the project scope and transfer matching funds from SWM unallocated upon grant award. 2 Authorize staff to apply for King County Conservation Futures grant funding in the amount of $400,000 for the Hylebos Creek Project and transfer matching funds from SWM unallocated upon grant award 3 _Do not authorize staff to pursue King County Conservation Futures grant_funding. ___ ___ ____ __ ____ MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the March 15, 2011 City Council consent agenda for approval MAYOR APPROVAL: 1�� 7� DIRECTOR APPROVAL: C� � Comm�ttee Councd Committee Council COMMITTEE RECOMMENDATION The Committee recommends forwarding Option 1 to the March 15 2011 City Council consent agenda for approval. Linda KocHuinar, Chair PROPOSED COUNCIL MOTION: "I Futures grant funding in the amoy! properties to the project scope and � f' kC�t�-c`� Jack Dovey, Member_ �to 'authorize staff to apply for 2012 King County Conservation $400, 000 for the Hylebos Creek Project, add additional target matching funds from SWM unallocated upon grant award. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED + COUNCIL BILL # ❑ DENIED l reading ❑ TABLED/DEFERRED/IVO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances onlyJ ORDINANCE # REVISED — 08/ l2/2010 RESOLUTION # CITY OF FEDERAL WAY Me mber CITY OF FEDERAL WAY MEMORANDUM DATE: January 24, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor �� FROM• Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management ' William Appleton, P.E., Surface Water Manager �� SUBJECT: 2012 King County Conservation Futures Grant BACKGROUND: King County Conservation Futures tax levy ("CFT") funds are available for 2012 to fund the purchase of public open space land. SWM has been successful in obtaining funding from this grant source in the past to purchase conservation properties described in the Hylebos Creek Project. The recent acquisition of the Enticknap property and the high likelihood of the purchase of the Bridges properiy in 2011 has obligated all of the current grant funding. Properties identified for acquisition under the Hylebos Creek Project (excluding the Bridges property) that have not yet been purchased include the Barovic Property (11.2 acres), the Snyder Property (6.9 acres) and the Castellar Property (4.6 acres). Staff has also identified one additional conservation property, Gowers (1.9 acres) and three conservation easements, Carlson, Ostrum and Harms that all have high conservation value and are critical with respect to conservation property connectivity and a future trail system. A map showing the remaining and newly proposed target properties is attached. Staff is requesting authorization to apply for additional grant funding in the amount of $400,000 through the King County Conservation Futures Grant in order to pursue the acquisition of those remaining properties identified as part of the Hylebos Creek Project, in addition to the four new target properties (Gowers, Carlson, Ostrum and Harms) shown on the attached map. Matching funds for the grant are available within the utility's unallocated reserves. The total amount required for matching is $400,000. C '� OI 2011 West H lebos MapDate;February2010 Y � Revision Date March 2011 City of Federal Way 33325 Bth Ave S , Federal Way Property Aquisitions (P)(253)-835-7 � (V� www.ciryoffederelway.com � � . .• , sxsa�o ooso Y � g26490 1� � .` � , �dR �- r . (/� � v7 ' 2021049126 �; � ` ` ( , t0 � ti .�_ ', ��U1t.3�P.+��C, � � ' a '�' > 0050 � ` .. y � : ,� � �� ;. . , ti ' ' � ' 4 � ,; .�1-��8i a�' � �' � 926470 „-°� � R)` , - �;9 5347 PL _ 0110 svu�� _ � ,,t � `�R 18--"1' � � � ` , � �zoztasoszti. � iazioa�ae� zaztaasoaa �.� ,a'F�.,�'�'._ - . �� •, _ _ , > _-._ _. _ � � y, �,g� �eo � � ;; � � . �, � `- ,q `",�`x"S. : zozaoa sozs 1 _.._ _ _t , ,� � �,� � ", �I� '- � ; �� a �k z � � 1321]40810 � +� �'• ��.� . � . 2029049183 � �, $ ' , t �� ' � ... ? sos�oasm5�' zoroaso5a i 2021049137' � ,' \ 41592Q10704 . . �mz�oasms ,� �� ,,, .� , �, t, . � �� +,T. ;. � "�� .. . . --- �� . . �` c . � . � � `� [y ' , . _ ` � 5�.�..�.��: � '�.� � ��' . �. 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'��",�°� .I ` �.� _.. - Fee SmpleAquisition � '' . . � ` � �;�` azs�a?soss .1 S 373 S�` R�" ° . � � �3 Conservation Easement r �, ��x,aeza�z,a ' � �� a22�aas��o�� ' City of Federal Way Properties - i :? 2�eezu <oosV 374 ST .. : `. : S"� , �Q � .:. �; CiTy of Federal Way a � � � ` �' � � � ��` � �o� } � � Other Federai Way Agency Properties � '�� ' � � ' � Federal Way School District „ �� S 376 S � \ � ,� �,': >: ' :� , ,; a ��t - - � � � . � 7 ° r _..S3IS.SI, � -�; Lakehaven Uttlity District � . � -� � '�� —..— �. '�3r.� SoundTransit o�� 1 � � �_ . , � ! '� � '�� South King County Fire and Rescue _ '� �� ' _ `� �� , �, Tracts/Private Open Space 3 � , , � � '� ��._ � � �� King County Properties , v � � F � y King County - Other "' �' �� . ' � - � King County - Park and Ride '-' ., 322• 04 9494 � �� ` �o� Other King County District Properties ,� ; l (JOH�iSQT1,�tD NE) !7 � " King County - Housing Authority g� 1 �� s � o� � 0 �� ' �� _� � � '. ° 04271f4130 "":. aj 1 inch = 850 feet � V 0 425 850 (n � Feet N P � King County - Librery System � �'t State of Washington Properties �,, - �� ' State ofWashington Properdes ' � ' United States Government Properties ' ` �� . - United States Govemment This map is intended for use as a graphical representation only. °ry °F The City of Federal Way makes no warranty as to its accuracy. �. Federal Way COUNCIL MEETING DATE: March 15, 2011 ❑ Ordinance ❑ Resolution CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB,IECT: 20` Ave — S 316`�' St to S 314�' St. Frontage Improvement Project - 85% Design Approval & Authorization to Bid POLICY QUESTION Should the Council authorize staff to advertise the 20` Ave — S 316`" St to S 314`�' St Project and return to the LUTC and Council for bid award and further reports and authorization? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works DIRECTOR APPROVAL: L�� " \ Committee Council Attachment: Memorandum to the Land Use and Transportation Committee dated March 7, 2011. Options Considered: 1. Authorize staff to bid the 20`'' Ave — S 316`" St to S 314"' St Project and return to the LUTC Committee to award the project to the lowest responsive, responsible bidder. 2. Do not authorize staffto bid this project and provide direction to staff. MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the March I5, 2011 City Council consent agenda for approval MAYOR APPROVAL: � � � Com ittee Co COMMITTEE RECOMMENDATION: I move to � c. � ty-� inda Kochm�r, Chair 1 to the March I5, 2011 consent agenda for approval. errell, Member ITEM #: : Public Works °-�xC'. Ll .L�'� C� Jack Dovey, Member PROPOSED COUNCIL MOTION "I rn�x�to authorize staff to bid the 20 Ave — S 316`" St to S 314` St. Project and return to the L UTC Committee to award the project to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 MEETING DATE: March 7, 2011 ❑ Public Hearing ❑ ,,:Other COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 7, 2011 TO: VIA: FROM: SUBJECT: Land Use and Transportation Committee Skip Priest, Mayor Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management �'�'�� John Mulkey, P. E., Street Systems Project Engineer ��Linr� 20 Ave — S 316 St to S 314`� St. Frontage Improvement Project -85% Design Approval & Authorization to Bid BACKGROUND The proposed project is for the design and Implementations of the frontage improvement of 20` Avenue South from S 316' Street to S 314'�' Street in front of the new Civic Center (Old Toys R Us site). The proposed frontage will consist of replacing the existing 5 foot side walks with the City Center standard of 12 foot sidewalks, street trees and decorative street lights. PROJECT EXPENDITURES: The following is a br.eakdown of the estimated total project construction costs based on the 85% design estimate: Street Lighting Material cost Year 2011 Construction 10% Construction Contingency Project Bidding TOTAL PROJECT COSTS $37,000 (Due to late delivery schedule of the street light pole and fixtures the materials were pre ordered for delivery in mid June) $155,000 $I5,550 2,000 $209,500 (In house design and construction management cost is estimated at $35,000 which is not included in the project budget) AVAILABLE FUNDING: Total Grant Funding $100,000 (Grant from Department of Commerce) Budgeted City Fund (Civic Center) 114 000 , TOTAL AVAILABLE BUDGET $214,000 PROJECT BUDGET BALANCE $4,500 COUNCIL MEETING DATE: March 15, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�� SUBJECT: I South 324 Street Southbound Off Ramp Local Agency Agreement for Construction Management PoL�CY QUESTION Should the City Council autharize the Mayor to sign the attached Local Agency Agreement with WSDOT which will allow WSDOT to perfo�n the construction management of the I-5 South 320` Street Southbound Off Ramp improvements and be reimbursed by the City? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: March 7, 2011 ❑ Public Hearing Other STAFF REPORT BY: Marwan Salloum P.E., De uty Public Works Directoi� DEPT: Public Works _...... ............................................._....._......_z.......................................k�..............._...._..............._..............................._................................................_.............................................._......_..........._................._......_._.........._......_......_...._.... _..................._..... Attachments: Memorandum to Land Use and Transportation Committee dated March 7, 2011. Options Considered: 1. Authorize the Mayor to sign the attached Local Agency Agreement in the amount of $472,530.00 with WSDOT which will allow WSDOT to perform the construction management of the I-5 South 320`�' Street Southbound Off Ramp improvements and be reimbursed by the City. 2. Do not authorize the Mayor to sign the attached Local Agency Agreement in the amount of $472,530.00 with WSDOT which will allow WSDOT to perform the construction management of I-5 South 320"' Street Southbound Off Ramp improvements and be reimbursed by the City and provide direction to staff. MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the March 15, 2010 City Council Consent Agenda for approval. MAYOR APPROVAL: �� DIRECTOR APPROVAL: �%� Co 'ttee Council Committee Councit COMMITTEE RECOMMENDATION: Place Option�n the �,_ °�- � C=�....�-� o--,� � �� Linda Kochmar, Chair 15, 2011 Council Consent Agenda for approval. �� Member �' kC u..�� Jack Dovey, Member PROPOSED COUNCIL MOTION: "I mov, �authorize the Mayor to sign the attached Local Agency Agreement with WSDOT which will allow WSDOT to perform the construction management of the I-5 South 320` Street Southbound Off Ramp improvements antl be reimbursed by the City. " (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 (orrfinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 7, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM• Cary M. Roe, P.E., Director of Parks, Public Works an Emergency Management ' Brian Roberts, P.E., Street Systems Project Engineer °� SUBJECT• I S South 320` Street Southbound Off Ramp Local Agency Agreement for Construction ' Management BACKGROUND: The City has requested the Washington State Department of Transportation (WSDOT) to perform the construction management of the I-5 South 320"' Street Southbound Off Ramp Project since this project is located within the limited access area of I-5 and under the jurisdiction of WSDOT. Council must authorize staff to enter into the attached Local Agency Agreement in the amount of $472,530.00 with WSDOT in order for WSDOT to proceed with the work. cc: Project File Day File CONSTRUCTION ADMINISTRATIDN BY STATE — ACTUAL COST LOCAL AGENCY ADVERTISEMENT & AWARD OF LOCAL AGENCY PROJECT I 5 SOUTH 324 STREET SOUTHBOUND Agreement Number GCA 6680 Local Agency and Address: CITY of FEDERAL WAY, 33325 8�' Avenue South, Federal Way, WA 98003-6325. Northwest Region Description of Project: Widening the I-5 South 320 Street southbound off ramp to provide additional right and left turn lanes, modifying the existing signal system, providing storm water treatment and detention, and providing sidewalk ramps at the off-ramp intersection that meet the accessibility criteria associated with the Americans with Disabilities Act. LOCAL AGENCY Project Manager: Brian Roberts P. E., 33325 8�' Avenue South, Federal Way, WA 98003-6325, (253) 835-2723. STATE Project Manager: Aleta Borschowa, P.E., 6431 Corson Ave S, Seattle, WA 98108, (206) 768 5862, BORSCHA@wsdot.wa.gov. This Agreement is made and entered into between the STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION (STATE) and the above named Local Agency (LOCAL AGENCY). WHEREAS, the LOCAL AGENCY is planning the construction of a project as described in the Description of Project above and/or as further described in an attached exhibit, hereinafter the "Project," and WHEREAS, the Project is partially or entirely within state-owned limited access (L/A) right of way, and WHEREAS, the construction of the Project could significantly impact the safety, maintenance and operation of the state transportation system, and WHEREAS, the STATE deems it to be in the STATE's best interest for the STATE to provide construction administration far the Project in an effort to control and minimize impacts to the safety, maintenance and operation of the state transportation system, NOW, THEREFORE, pursuant to RCW 47.28.140 and/or chapter 39.34 RCW, the above recitals that are incorporated herein as if set forth below, and in consideration of the terms, conditions, and performances contained herein, and the attached Exhibit A, which is incorporated and made a part hereof, Page 1 of 12 IT IS MUTUALLY AGREED AS FOLLOWS: 1. PURPOSE l.1 The STATE, on behalf of the LOCAL AGENCY, agrees to perform construction administration for the Project, as further provided herein and pursuant to the atta.ched e�ibit. Exhibit A is the Cost Estimate. 2. DESIGN: STATE/LOCAL AGENCY APPROVAL 2.1 The STATE, pursuant to agreement No. GCA 6435, dated March 22, 2010 between the Parties, prepared the plans, specifications, and cost estimate (PS&E) for the Project, and the LOCAL AGENCY has accepted the PS&E pursuant to the terms of GCA 6435. 3. PERMITTING, RIGHT OF WAY, AD AND AWARD 3.1 The LOCAL AGENCY shall be responsible to secure the following for the Project: (a) State Environmental Palicy Act (SEPA) approval; (b) National Environmental Policy Act (NEPA) approval, if applicable; (c) All permits; and (d) Right of way, including temporary constructian easements needed to construct the Project, and an executed STATE airspace lease, cooperative agreement or maintenance agreement, pursuant to Section 12.2, if required. 3.2 The LOCAL AGENCY shall advertise the Project for bids, prepare and issue any addenda, and award and execute the Project construction contract. Any Project addenda affecting state-owned L/A right of way must be reviewed and approved by the STATE prior to issuance. The LOCAL AGENCY may request the STATE to respond to bidder inquiries or develop addenda or other document related to questions from bidders. This request must be in writing. 3.3 The STATE sha11 respond to LOCAL AGENCY questions and provide information requested by the LOCAL AGENCY's Project Manager. This shall include but not be limited to, providing addenda to the contract plans, contract special provisions and engineering estimates. 4. CONSTRUCTION ADMI1vISTRATION 4.1 T`he STATE agrees to provide constructian administration to include design support services for the LOCAL AGENCY's Project construction contract. The executed Project contract pians, addenda, and specifications (hereinafter Contract) are by this reference made a part of this Agreement as if fully attached and incorporated herein. Page 2 of 12 The STATE's Project Manager will provide a11 necessary services and tools to provide construction administration, including but not limited to: answering questions during advertisement, surveying, inspection, materials testing, and the representation necessary to adrninister the Contract construction to ensure that the Project is constructed in accordance with the Contract. 4.2 The LOCAL AGENCY may elect to have certain construction administration elements and/or tools provided in whole or in part by its contractor (hereinafter Contractor), if included as a Contract bid item, ar by the LOCAL AGENCY. Any construction administration to be performed by the LOCAL AGENCY's Contractor or by the LOCAL AGENCY shall require STATE prior written approval. 4.3 The STATE is authorized to use the Minor Change Contract bid item up to a total item cost of $SO,OOOA00, with no single change exceeding fifteen thousand dollars, per Standard Specifications for Road, Bridge, and Municipal Construction (Standard Specifications} 1-04.4(1) 2010; provided that the STATE is consistent with the intent of the Project Contract and does not include an extension of Contract time. The STATE shall not approve structural or material(s) related changes to the Project without approval of the LOCAL AGENCY, regardless of the cost 4.4 The LOCAL AGENCY agrees that both formal and informal communication between the LOCAL AGENCY and its Contractor shall be through the STATE's Project Manager. The LOCAL AGENCY shall make the STATE's Project Manager aware by copy or written account of any direct communication affecting the Contract. The STATE's Project Manager shall communicate regularly with the LOCAL AGENCY to keep the LOCAL AGENCY up-to-date on all significant issues affecting the Project. 4.5. The STATE shall develop and execute a communication plan for any phase or changes in phases of the Project Contract that affect the public. The LOCAL AGENCY shall review and approve the elements of the STATE communication plan that affects traffic on South 320�' Street. The LOCAL AGENCY shall respond directly to the public's requests and questions at its sole cost. 4.6 The LOCAL AGENCY rnay also inspect the Project. All contact between the LOCAL AGENCY's inspector(s) and the Contractor shall be only through the STATE's Project Manager or his(l�er designee. 4.7 The STATE will provide the LOCAL AGENCY with monthly progress reports, which will include details regarding progress of the Contract work, working days, updates to the Contractor's critical path schedule, progress estimates for payments to the Contractor, estimated costs for the STATE's construction administration, Contract changes, and a comparison of planned vs. actual quantities. Page 3 of 12 4.8. The STATE, at the soie cost to the LOCAL AGENCY, agrees to inspect the landscaping and planting establishment on STATE's right of way for the first year after the landscaping and planting has been completed. 4.9 The STATE will prepare the fmal construction documentarion in conformance with the STATE Conskruction Manual. Unless "as-built" plans are to be maintained and provided by the Contractor as part of the Contract, the STATE will maintain one set of plans as the official "as-built" set and make notations in red ink of all plan revisions as required by the STATE's Construction Manual. The STATE will submit one reproducible set of as-built plans to the CITY within six (6) months of final Project acceptance pursuant to Section 7. 4.10 Should for any reason, the LOCAL AGENCY decide not to complete the Project after construction has begun, the STATE, in its sole discretion, shall determine what work must be completed to restore state facilities and/or right of way to a condition and configuration that is safe for public use, operation, and maintenance, and the LOCAL AGENCY agrees that the STATE shall have the authority to direct the Contractor to complete the restaration. The LOCAL AGENCY agrees that all costs associated with Contract termination, including but not limited to engineering, completing state facility and right of way restoration, and Contractor claims, will be the sole responsibility of the LOCAL AGENCY. If the Contractor is not available to restore the state facilities and right of way, the STATE may perform, or contract to perform, the restoration work at LOCAL AGENCY expense. Payment to the STATE shall be pursuant to Section 8. This section shall survive the termination of this Agreement. 4. 1 I Upon completion of the Project, the STATE shall submit all Project construction records, except the STATE's copy of the "as-built" plans, to the LOCAL AGENCY for retention. The LOCAL AGENCY agrees to maintain these records for not less than three (3) years. 4.12 The LOCAL AGENCY agrees to remit to the STATE any liquidated damages assessed against the Contractor associated with closures to I-5 or to the 320` St. Southbound off ramp. T'he LOCAL AGENCY shall retain any assessed liquidated damages associated with closures of S 320 St, or due to delay of Project completion. 5. CONTRACT CHANGES 5.1 Changes to the Contract will be dociunented by change order as defined in the Standard Specifications. The STATE shall prepare all change orders in accordance with the STATE's Construction Manual (M41-01), current edition. 5.2 Required change orders are change orders that involve any or a combination af the following: Page 4 of 12 (a) Changes in the work, work methods, working days, or quantities as necessary to satisfactorily complete the scope of the Project within state-owned L/A right of way. (b) Mitigating an emergency or safety threat to the traveling public. All other change orders shall be considered elective. 5.3 - The STATE will advise the LOCAL AGENCY in writing of any proposed required change order as soon as reasonably practical. The LOCAL AGENCY shall review and approve or disapprove the proposed change in writing within three (3) working days of receiving the STATE's written notice. If an extension of review time is needed, the LOCAL AGENCY shall notify the STATE in writing as soon as possible. The LOCAL AGENCY agrees that any delays associated with the LOCAL AGENCY's approval of a change order may cause increases in the Project cost, as well as the STATE's canstruction administration costs. Nothing herein relieves the LOCAL AGENCY of its sole responsibility for change order costs or Contractor claims associated with the LOCAL AGENCY's change order approval process. 5.4 The STATE wiil develop required change orders, and upon written approval from #he LOCAL AC'iENCY, secure signatures from the Contractor, and submit final required change orders to the LOCAL AGENCY for execution and payment. 5.5 The LOCAL AGENCY authorizes the STATE to initiate, negotiate, document, and direct the Contractor by either verbal or written direction in all matters regarding required changes described in Section 5.2 which have been appraved in writing by the LOCAL AGENCY. 5.6 The STATE reserves the right, when necessary due to emergency or safety threat to the traveling public, as solely detertnined by the STATE, to direct the Contractor to proceed with work associated with a required change prior to the LOCAL AGENCY's execution of the change order. If time permits, the STATE will provide an opportunity for the LOCAL AGENCY to review the required change before providing direction to the Contractor. 5.7 In the event that the LOCAL AGENCY disagrees with the STATE's determination of a required change the LOCAL AGENCY may pursue resolution under Section 13.5, Disputes. However, any delays to the Contract due to the LOCAL AGENCY pursuing the Disputes process shall be at LOCAL AGENCY expense. 5.8 The LOCAL AGENCY may request additions or modifications to the Contract through the STATE. These additions or modifications shall be deemed elective chan�e orders. The STATE will direct the Contractor to implement elective change(s), provided that the change(s) comply with the Standard Specifications, Project permits, and state and federal laws, rules, regulations, and design policies. The STATE will develop Page 5 of 12 elective change orders, secure signatures from the Contractor and submit final elective change orders to the LOCAL AGENCY for approval, execution, and payment. 5.9 Changes to structures within state-owned right of way must be reviewed and approved by the STATE Bridge Office and STATE Geotechnical Office before implementation. 5.10 Changes to electrical and intelligent transportation systems within the state- owned right of way must be reviewed and approved by the STATE Region Traffic Office before implementation. 5.11 The STATE will notify the LOCAL AGENCY of errors or omissions in the Contract as soon as reasonably practical. The STATE shall provide the necessary documents (PS&E) that will be incorporated into a change order. 6. PAYMENTS TO CONTRACTdR 6.1 The STATE shall prepare summaries of the amount due to the Contractor from the LOCAL AGENCY for work performed in accordance with the terms of the Contract (Progress Estimates). The STATE shall submit monthly Progress Estimates to the LOCAL AGENCY for payment by the LOCAL AGENCI'� to the Contractor. 6.2 The LOCAL AGENCY agrees that it shall be solely responsible for all costs associated with the LOCAL AGENCY's Froject. The LOCAL AGENCY further agrees that the STATE sha11 have no liability or responsibility for payment of any or a11 Project Contractor or subcontractor costs, including material costs and the costs of required and/or elective change orders, or costs associated with Contractor ciaims and/or delays attributable to failure of performance by the LOCAL AGENCY. 63 The LOCAL AGENCY shall at a11 times indemnify and hold harmless the STATE from all ciaims for labor or materials in connection with the Project located on sta.te-owned L/A right of way, and from the cost of defending against such claims, including attorney fees. In the event a lien is filed upon the state-owned right of way, the LOCAL AGENCY shall (1) Record a valid Release of Lien; (2) Deposit sufficient cash with the STATE to cover the amount of the claim on the lien in question and authorize payment to the extent of said deposit to any subsequent judgment holder that may arise as a matter of public record from litigation with regard to lien holder claim; or (3)Procure and record a bond which releases the state-owned right of way from the claim of the lien and from any action brought to foreclose tlae lien. 7. PROJECT ACCEPTANCE 7.1 Prior to acceptance of the Project and the STATE's construction administration, the STATE and the LOCAL AGENCY will perform a joint final inspection of the Project. The LOCAL AGENCY agrees, upon satisfactory completion of the Project by its Cantractor and receipt of a"Notice of Physical Completion," as determined by the Page 6 of 12 STATE, to deliver a letter of acceptance of the Project and the STATE's construction administration which shall include a release of the STATE from all future claims or demands, except from those resulting from the negligent performance of the STATE's construction administration u.nder this Agreement. 7.2 If a letter of acceptance of the Project is not received by the STATE within sixty (60) calendar days following delivery of a"Notice of Physical Completion" of the Project to the LOCAL AGENCY, the Project and the STATE's construction administration shall be considered accepted by the LOCAL AGENCY and the STATE shall be released from all future claims or demands, except from those resulting from the negligent performance of the STATE's construction administration under this Agreement. 73 The LOCAL AGENCY may withhold its acceptance of the Project and the STATE's construction administration by submitting written notification to the STATE within sixty (60) calendar days following "Notice of Physical Completion" of the Project. This notification shall include the reason{s) for withholding the acceptance. The Parties shall then work together to resolve the outstanding issues identified in the LOCAL AGENCY's written notification. Upon resolution af the autstanding issues, the LOCAL AGENCY will promptly deliver the letter of acceptance to the STATE. 8. PAYMENT TO STATE 8.1 The LOCAL AGENCY, in considexation of the faithful performance of the STATE's construction administration and Services provided by the STAT'E as described in this Agreernent, agrees to reimburse the STATE for its actual direct and related indirect costs. A cost estimate for the STATE's construction administration and Services is provided as Exhibit A. 8.2 If the Parties have a reciprocal overhead agreement in place effective as of the date of this Agreement, the STATE's overhead rate will not be charged. In this event, the STATE will only invoice for actual direct salary and direct non-salary costs for the STATE's construction administration and Services. 83 The �TATE shall submit monthly invoices to the LOCAL AGENCY after construction administration and Services have been performed and a final invoice after acceptance ofthe Project and STATE's construction administration. The LOCAL AGENCY agrees to make payments within thirty (30) calendar days of receipt of a STATE invoice. These payments are not to be more frequent than one (1) per month. If the LOCAL AGENCY objects to all or any portion of any invoice, it shall notify the STATE in writing of the same within fifteen (15) calendar days from the date of receipt and shall pay that portion of the invoice not in dispute. The Parties shall immediately make every effort to settle the disputed portion of the invoice. Page 7 of 12 8.4 A payment for the STATE's construction administration and Services will not constitute agreement as to the appropriateness of any item, and at the time of final invoice, the Parties will resolve any discrepancies: 8.5 INCREASE IN COST: In the event unforeseen conditions require an increase in cost for the STATE's constzuction adrninistration and Services by more than twenty-five (25) percent above the cost estimate in Exhibit A, the Parties must negotiate and execute a written amendment to this Agreement addressing said increase prior to tlie STATE performing any construction administration or Services in excess of said amount. 9. RIGHT OF ENTRY 9.1 The LOCAL AGENCY hereby grants to the STATE, its employees, and authorized agents, a right of entry upon all land in which the LOCAL AGENCY has an interest for the STATE to perform construction administration and Services under this Agreement. 9.2 The STATE hereby grants to the L�CAL AGENCY, its employees, authorized agents, contractors and subcontractors a right of entry upon state-owned right of way for the LOCAL AGENCY to provide inspection and to construct the Project. 93 Where applicable, the LOCAL AGENCY hereby grants to the STATE, its employees, and authorized agents, a right of entry upon all land in which the LOCAL AGENCY has an interest for the STATE to operate, rnaintain and/or reconstruct signal loop detectors and appurtenances for signals belonging to the STATE, if any, that aze constructed as part of the Project and located within the LOCAL AGENCY's right of way. The terms of this section shall survive the termination of this Agreement. 10. CLAIMS 10.1 Contractor Claims for Additional Pavment: In the event the Contractor ma.kes a claim for additional payment associated with the Project work, the STATE will immediately notify the LOCAL AGENCY of such claim. The STATE shall provide a written recommendation to the LOCAL AGENCY regarding resolution of Contractor claims. The LOCAL AGENCY agrees to defend such claims at its sole cost and expense. The STATE will cooperate with the LOCAL AGENCY in the LOCAL AGENCY's defense of the claim. The LOCAL AGENCY shall reimburse any STATE costs incurred in providing such assistance, including reasonable attorneys' fees, pursuant to Section 8. 10.2 Third Party Claims for Dama�es Post Project Acceptance: After Project acceptance, in the event of claims for damages or loss attributable to bodily injury, sickness, death, or injury to or destruction of property that occurs because of the Project located on lacal agency or state-owned right of way, the Party owning the right of way shall defend such claims and hold harmless the other Party, and the other Pariy shall not be obligated to pay any such claim or the cost of defense. Nothing in this section, Page 8 of 12 however, shall remove from the Parties any responsibilities defined by the current laws of the state of Washington �r from any liabilities for damages caused by the Party's own negligent acts or omissions. The provisions of this section shall survive the termination of this Agreement. 11. DAMAGE TU THE PROJECT DURING CONSTRUCTION 11.1. 'The LOCAL AGENCY authorizes the STATE to direct the LOCAL AGENCY's Contractor to repair ail third party damage to the Project during construction. 11.2 The LOCAL AGENCY agrees to be responsible for all costs associated with said third party damage and for collecting such costs from the third party. 113 The STATE will document the third party damage by required change order and cooperate with the LOCAL AGENCY in identifying, if possible, the third party. The STATE will also separately document and invoice the LOCAL AGENCY for the STATE's costs associated with third party damage. STATE costs shall be reimbursed pursuant to Section 8. 12. OWNERSHIP, OPERATION AND MAINTENANCE 12.1 Upon acceptance of the Project as provided in Section 7, the LOCAL AGENCY shall be the sole owner of that portion of the Project located within the LOCAL AGENCY's right of way, and the LOCAL AGENCY shall be solely responsible for all future operation and maintenance of the Project located within the LOCAL AGENCY's right of way at its sole cost, without expense or cost to the STATE, except for any improvements made pursuant to Section 9.3. I2.2 Upon acceptance of the Project as provided in Section 7, the STATE shall be the sole owner of that portion of the Project located within state-owned right of way, and the STATE shall be solely responsible for all future operation and maintenance of the Project located within state-owned right of way at its sole cost, without expense or cost to the LOCAL AGENCY. However, if the LOCAL AGENCY has obtained or is required to obtain an air space lease, cooperative agreement, or maintenance agreement from the STATE to own, operate, or maintain a portion of the Project located within state-owned right of way, the terms of the air space lease, cooperative agreement, or maintenance agreement will control for those specified portions of the Project. 12.3 Section 12 shall survive the termination of this Agreement. Page 9 of 12 13. GENERAL PROVISIONS 13.1 Amendment: T`his Agreement may be amended or modified only by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 13.2 Termination: The LOCAL AGENCY may terminate this Agreement upon written notice to the STATE. The STATE may terminate this Agreement only with the written concurrence of the LOCAL AGENCY. 13.2.1 If this Agreement is terminated prior ta the fulfillment af the terms stated herein, the LOCAL AGENCY agrees to reimburse the STATE for the costs the STATE has incurred up to the date of termination, as well as the costs of non- cancelable obligations. 13.2,2 Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 13.2.3 Termination priar to completing the Project within state-owned right of way will terminate the right of the LOCAL AGENCY to complete the Project within state-owned right of way. The Contractor will be directed by the STATE to restore state faciiities and right of way in accordance with Section 4. 7. This section shall survive the termination of this Agreement. 13.3 Independent Contractor The Parties sha11 be deemed independent contractors for all purposes, and the employees of the Parties or any of their contractors, subcontractors, consultants, and the emplvyees thereof, shall not in any manner be deemed to be employees of the other Party. 13 .4 Indemnification 13.4.1 Unless a claim falls within the provisions of Section 10.2, the LOCAL AGENCY shall protect, defend, indemnify, and hold harmless the STATE and its employees and authorized agents andlor contractors, while acting within the scope of their employment as such, from any and all costs, claims, judgrnents, and/or awards of damages, arising out of, or in any way resulting from, the LOCAL AGENCY's design, inspection, and cnnstruction obligations to be perfonmed pursuant to the provisions of its Contract or as authorized under this Agreement. The LOCAL AGENCY shall not be required to indemnify, defend, or save harmless the STATE if the claim, suit, or action for injuries, death, or damages (both to persons and/ox property) is caused by the negligence of the STATE, provided that, if such claims, suits, or actions result from the concuxrent negligence of (a) the STATE, its employees or authorized agents and (b) the LOCAL AGENCY, its employees, authorized agents, or contractors, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided Page 10 of 12 herein shall be valid and enforceable only to the extent of the negligence of each Party, its employees or authorized agents and/or contractors. 13.4.2 Unless the claim falis within the provisions of Section 10.2, the STATE shall protect, defend, indemnify, and hold harmless the LOCAL AGENCY and its employees and authorized agents and/or contractors, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the STATE's construction administration and Services obligations to be perfornned pursuant to the provisions of this Agreement. The STATE shall not be required to indemnify, defend, or save harmless the LOCAL AGENCY if the claim, suit, or action for injuries, death, or damages (both to persons andlor property) is caused by the negligence of the LOCAL AGENCY; provided that, if such claims, suits, or actions result from the concurrent negligence of (a) the STATE, its employees or authorized agents and (b) the LOCAL AGENCY, its employees, authorized agents, or contractors, or involves those actions covered by RCW 4.24.115, the indemruty provisions provided herein shall be valid and enforceable only to the extent of the negligence of each Party, its employees or authorized agents and/or contractors. 13.4.3 The LOCAL AGENCY agrees to accept full liability for any facilities the LOCAL AGENCY has provided direction to the STATE to design and/or construct outside state-owned right of way that do not meet STATE standards. 13.4.4 Section 13.4 shall survive the termination of this Agreement. 13.5 Disputes: In the event that a dispute arises under this Agreement, it shall be resolved as follows: The STATE and the LOCAL AGENCY shall each appoint a member to a disputes board, these two members shall select a third baard member not affiliated with either Party. The three-member board shall conduct a dispute resolution hearing that shall be informal and unrecorded, An attempt at such dispute resolution in compliance with afaresaid process shall be a prerequisite to the filing of any litigation concerning the dispute. The Parties sha11 equally share in the cost of the third disputes board member; however, each Party shall be responsible for its own costs and fees. 13.6 Venue: In the event that either Party deems it necessary to institute iegal action or proceedings to enforce any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall be brought in Thurston County Superior Court. Further, the Parties agree that each will be solely responsible for payment of its own attorney's fees, witness fees, and costs. 13.7 Audit Records: All financial records, including labor, material and equipment records in support of all STATE costs shall be maintained by the STATE for a period of three {3) years from the date of terrnination of this Agreement. The LOCAL AGENCY shall have full access to and right to examine said records during normal business hours Page 11 of 12 and as often as it deems necessary, and should the LOCAL AGENCY require copies of any records, it agrees to pay the costs thereof. The Parties agree that the work performed herein is subject to audit by either or both Parties and/or their designated representatives andlor state and federal government. 13.8 Term of Agreement: Unless otherwise provided herein, the term of this Agreement shall commence as af the date this Agreement is executed and shall continue until all of the following are complete: (a) The Project and the STATE's construction administration and Services are accepted by the LOCAL AGENCY pursuant to Section 7; (b) The STATE and LOCAL AGENCY both have a reproducible copy of the final "as-built" plans; (c) All Project records are submitted to the LOCAL AGENCY pursuant to Section 4.8; and (d) All obligations for payment have been met, except for Sections 4.7, 9.3, 10.2, 13.23, 13.4 and a11 of Section 12, which survive the termination of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date last signed below. LOCAL AGENCY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By By Skip Priest Name Mayor Title Date Date Approved as to Form Patricia A. Richardson City Attorney Date: Appro d as to Form , By: Ann E. Salay Assistant Attorney General Date: �-3-t1 Page 12 of 12 XL3755 320th Ramp Widening Project CE Justification Afeta Borschowa's PEO (412340} Estimated CE Expenses Exhibit A, page 2 of 2 Base FTE $ Base FTE Overtime Overtime FTE Duration per 150 hr Lenel of FTE $ pez Lenel of Staff / Occu ation FTE (months) Month Effort Moath Effort Cost EngineeringManager 1 4 $10,828.50 0.05 - - $2,165.70 Project Engineer 1 5 $9,892.50 0.20 - - $9,$92.50 Assistant PE 1 5 $9,046.50 0.20 - - $9,046.50 Office Engineer 1 8 $7,765.50 0.50 $9,936.00 0.00 $31,062.00 Assiskant OfCice Engineer 1 8 $7,125.00 0.50 $9,018.00 0.00 $28,500.00 Project Controller 1 8 $7,765.50 0.20 $9,936.00 0.00 $12,424.80 Senior Secretary 1 8 $4,381.50 0.20 $5,076.00 0.00 $7,010.40 Document Control 1 5 $6,544.50 0.30 $8,184.00 0.00 $9,816.75 Submittals Coordinator 1 5 $6,544.50 0.30 $8,184A� 0.00 $9,816.75 Change Order Writer 1 6 $7,125.00 0.50 $9,018.Od 0_OQ $21,375.00 CADD Engineer 1 4 $7,125.00 0.30 $9,019.00 0.00 $8,550.00 Materials Engineer 1 8 $7,125.00 0.50 $9,Q18.00 0.00 $28,500.00 MaterialTesters 1 3 $6,544.50 1.00 $8,184.00 0.25 $25,771.50 Surveying , 1 3 $7.765.50 0.30 $9,936.00 0.00 $6,988.95 HQ J NWR Materials Support 1 8 $7,765.50 0.20 $8,184.00 0.00 $12,424.80 Structures / HQ Support 1 3 $9,892.SU 0.20 $12,837.00 0.00 $5,935.50 Roadway / HQ Support 1 4 $9,892.50 0.20 $12,837.00 0.00 $7,914.00 Geotechnical Support 1 3 $9,892.50 0.20 $12,837.00 0.00 $5,935.50 Utilities Engineers Support 1 2 $7,765.50 0.20 $9,936.00 0.00 $3,106.20 Electricallnspectors 1 2 $7,765.50 020 $9,936.00 0.00 $3,I06.20 Electrical Design Support 1 2 $�,765.50 0.20 $9,936.OU 0.00 $3,106.20 Civil Design Support - During AD 1 1 $7,765.50 0.39 $9,936.00 0.00 $3,000.20 Civil Design Support - During CN 1 4 $7,�65.50 0.19 $9,936.00 0.00 $6,001.18 Construction Traffic Office 1 4 $7,765.50 . 0.20 $9,936.00 0.00 $6,212.40 Fabrication Inspection 1 2 $'7,765.50 0.50 $9,936.00 0.00 $7,'765.50 Chiei'Inspector 1 5 $7,765.50 0.50 $9,936.00 0.00 $19,413.75 Project Inspector 1 5 $7,125.00 1.00 $9,01$.00 0.25 $46,897.50 Landscape Inspector � 1 12 $7,125.00 0.10 $9,018.00 0.00 $8,550.00 Communications 1 4 $6,544.SQ 0.10 $8,184.00 0.00 $2,b17.80 Enviornmental Compliance Inspector 1 4 $?,765.50 0.30 $9,936.00 0.00 $9,318.60 Environmental Technical Advisor 1 4 $7,765.50 0.30 $9,936.00 0.00 $9,318.60 Reimbursahles (Car, Paper, etc...) 1 8 $1,500.00 1.00 - - $12,000.00 Total $383,544.78 Working Days Months 73 3.5 Assum�ifons 1.) 73 working days will be included in the contract. This will resuit in anywhere from 2-8 months of administraUon depending on the employee's role on the project. Landscape inspectors will need to work at least 12 months per the GCA. 2.) Field staff will need to work approxfmately 2 hours of overtime each shift. This will account tor travel time to / from the office and !he contraclors hours of work. 3.) Level of efforl for the assistant office engineer, materials engineer, and change order writer will be higher. This is due to the fact that they will not be able to use the mainframe computer systems they utilize on WSDOT contracts. Instead, each employee will be required to create and maintain spreadsheets that are speciflcally for the admfnistration of this job. GCA 6680 CITY OF FEDERAL WAY i-5/SOUTHBOUND 320 ST OFFRAMP CHANNEUZATION CONSTRUCTI(JN ADMINISTRATION/DESIGN SUPPORT ESTIMATE — Exhibit A page 1 of 2 ESTIMATED COST Bud CN ADMINISTRATION, Incl. Design Support During AD & Construction $383,545 10% Contingencies . $ 38,355 SUB TOTAL $421,900 12°lo Direct Project Support Redistribution Charges $ 50,630 PROJEGT TOTAL $472,530 COUNCIL MEETING DATE: March 15, 2011 CITY OF FEDERAL WAY CITY COUNCIL 0 ITEM #:�� AGENDA BILL SuB.�c'r: 2011 Asphalt Overlay Project Bid Award POLICY QUESTION: Should the Council award the 2011 Asphalt Overlay Project to the lowest responsive, responsible bidder? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: March 7, 2011 ❑ Public Hearing ❑ Other STAFF REPORT BY: Marwan Salloum, P.E., De u Public Works Director`�EPT: Public Works _ .................. ...............................P.... �'............... ................._ ........................................_................................................................................ ..__..................... Attachments: Land Use and Transportation Committee memorandum dated March 7, 2011. Options Considered: 1. Award all Schedules of the 2011 Asphalt Overlay Project to Tucci and Sons, Inc. the lowest responsive, responsible bidder, in the amount of $2,122,351.65 and approve a 5% contingency of $106,117.00, for a total of $2,228,468.65, and authorize the Mayor to execute the contract. 2. Reject all bids for the 2011 Asphalt Overlay Project and direct staff to rebid the project and return to Committee for further action. 3. Do not award the 2011 Asphalt Overlay Project to the lowest responsive, responsible bidder and provide direction to staff. MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the March 15, 2011 City Council Consent Agenda for approval. MAYOR APPROVAL: � DIRECTOR APPROVAL: �_ _ j� ` Committee Council Committee Council COMMITTEE RECOMMENDATION Place Option 1 on the arch 15, 2010 Gouncil Consent Agenda for approval. � J � �� -n ' Lt,-.1-�- % mda Kochmar, air errell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION "I � to award all Schedules of the 2011 Asphalt Overday Project to Tucci and Sons, Inc. the lowest responsive, responsible bidder, in the amount of $2,122,351.65 and approve a S% contingency of $106,117. D0, . for a total of $2, 228, 468. 65, and authorize the Ma,yor to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFlCE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: March 7, 2011 Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM• Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management �� ' Jeff Huynh, Street Systems Engineer �-�� SUBJECT: 2011 Asphalt Overlay Project - Bid Award BACKGROUND' Five bids were received and opened on February 16, 2011 for the 2011 Asphalt Overlay Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Tucci and Sons, Inc., with a total bid of $2,122,351.65. AVAILABLE FUNDING: The budget for the 2011 Asphalt Overlay Project is $2,541,141.00 and is comprised of the following: • 2011 Proposed Overlay Budget • 2011 Structures Budget • 2010 Carry Forward (estimate) • Quadrant Corporation for the S 320` Street overlay (Per Reimbursement Agreement) TOTAL FUNDING AVAILABLE $1,513,500.00 $146,267.00 $561,374.00 $320,000.00 $2,541,141.00 ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the low bid: SCHEDULE DESCRIPTION A S 320�' St — I-5 limited access to Weyerhaeuser Way S B S 320 St — Weyerhaeuser Way S to City Limit C S320th St — 3 Ln SW to 6` Ave S. D Madrona Trails E Lakota Trails F Decatur Glen G 21 Ave SW — SW 339`�' St to SW 346�' St H 21 Ave SW — SW 346�' St to SW 348` St ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: 5 % Construction Contingency Pavement Management System In-house Design Construction Administration City's Administrative Fee Printing and Advertising ESTIMATED TOTAL PROGRAM COST: BALANCE AMOUNT $302,271.93 $117,908.58 $363,921.18 $397,369.67 $297,496.86 $230,869.09 $274,974.49 $137,539.85 $2,122,351.65 $106,118.00 $46,000.00 $63,000.00 $115,000.00 $72,000.00 $3,500.00 $2,527,969.65 $13,171.35 k:\lutc\201 I\03-07-i l 2011 Asphalt Overlay Project Bid Awazd.doc Page 1 of 4 Page 2 of 4 Page 3 of 4 Pape 4 0(/ COLINCIL MEETING DATE: March 15, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: NEIGHBORHOOD STABILIZATION PROGRAM 3— REQUEST FOR PROPOSALS POLICY QUESTION Should the City Of Federal Way submit a proposal to State of Washington Department of Commerce to capture Neighborhood Stabilization Funding from round 3. Whereby forming a partnership with Habitat for Humanity Seattle/King County which will enable the city to further stabilize and revitalize neighborhoods who continue to be damaged by the economic effects of properties that are foreclosed, abandoned or vacant? COMMITTEE PRHS&PS CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: L�� Attachments: ■ � Ordinance Resolution MEETING DATE: MarCh 8, 2011 ❑ Public Hearing ❑ Other D�PT: • Memorandum to PRHS&PS Council Committee dated March 2, 2011 • State of Washington Department of Commerce Request for Proposals — NSP3 • Census Tract Maps Options Considered: 1. The City of Federal Way will partner with Habitat for Humanity Seattle/King County to submit a proposal requesting funds necessary to recapture necessary housing units recognized by HUD because the City Of Federal Way is well-known by Department of Commerce and HUD as a targeted area with a score of 13.4 and 13.0 in two of the census tracts (300.02 & 303.03) within the city limits. 2. The City Of Federal Way will not submit a RFP for the NSP3 funding from Department of Commerce. 3. Other: STAFF RECOMMENDATION Staff recommends option 1 MAYOR'S APPROVAL: � %�� DIRECTOR APPROVAL: Committee T Council Council COMMITTEE RECOMMENDATION: I move to forward option 1 as written and recommended by staff that the City Of Federal Way will partner with Habitat for Humandty to submit an RFP for the NSP3 funds available to the city based on the identified high needs/risk our two census tracts face within the city limits. This request is moved forward to the March 1 S, 2011 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION `I move approval of option 1, as written and recommended by staff that the City Of Federal Way will partner with Habitat for I�umanity to submit an RFP for the NSP3 funds available to the city based on the identified high needs/risk our two census tracts face within the city limits. This request is moved forward to the March 1 S, 2011 consent agenda for approval. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # PROPOSED COUNCIL MOTTON: `7 move approval of ` CITY OF � Federal Way MEMORANDUM TO: FROM: DATE: Parks, Recreation, Human Services and Public Safety Council Committee Lynnette Hynden, Human Services Division Manager March 2, 2011 RE: Request for Proposal for Neighborhood Stabilization Program 3(NSP3) BACKGROUND In September 2010, the US Department of Housing and Urban Development (HUD) awarded an additional $1 billion dollars to the states. This is the third round of Neighborhood Stabilization recovery program dollars. As you recall, the Ciry Of Federal Way accepted the NSP1 dollars and as a result recaptured 11 houses that were vacant and foreclosed. Neighborhood Stabilization Program 2 dollars were not available to the State of Washington. We are now recognized as a state to receive $5,000,000 in federal funds under NSP3. The State of Washington Department of Commerce is the recipient of the dollars and will be allocating funds to the identified high risk areas throughout the state via a RFP process. NSP3 RFP Process: The NSP3 funds are to be allocated to the determined areas that have the greatest need in the state. The City Of Federal Way is within that group of areas, specifically census tracts 300.02 and 303.03. For the past three years the City Of Federal Way has seen on average well over 250 completed foreclosures of housing units per year. These homes are vacant or bank owned, but in any case it is proven that foreclosure activity in neighborhoods destabilize and aid in more rapid deterioration of the community. The NSP funds are a tool to assist in stabilizing the community and recapturing the high risk vacant housing. The City Of Federal Way Human Services Divisional staff has identified a partner in Habitat for Humanity that can assist in the development on an action plan to recapture the housing stock in the specified areas of concern, but first we need to submit a proposal as outlined in the attach RFP announcement. There is a very short turnaround for submitting the proposal that would benefit the City Of Federal Way. There are 25 jurisdictions within the State of Washington that on the surface qualify and subsequently been invited to apply for the NSP3 funds. Four of the jurisdictions are within King County; 4 are in Pierce County; 6 in Eastern Washington and finally the remaining 11 are divided between North of Seattle or South of Tacoma a{ong the I-5 corridor. The jurisdiction must have a"need score° above 9 to be accepted for review and the City Of Federal Way has need scores of 13.4 and 13.0 for their two identified census tract areas. Timeline The RFP was released on February 28, 2011. Proposals are due to the Department of Commerce no later than April 14, 2011. The jurisdictions will be notified of their awards in May, 2011 and Department of Commerce will submit the Action Plan Application /Amendment to HUD by end of June, 2011. It is currently estimated that final fund awards will be allocated to the state by HUD in July/August 2011. Approximately 30-days after the state receives the funds, they will be executing the NSP3 grants out to the jurisdictions selected. SUMMARY: The Neighborhood Stabilization Program which has been embedded in federal stimulus legislation since 2008 is another layer of programming that while on the surface seems like an opportunity to seize, is a complex program to administer. The city has utilized these funds in the past under the NSP1 allotments. The program at that time had more options than the NSP3 proposal does today. Also, taking on the prospect of receiving and implementing these funds is not accounted for within the current staffing levels of the Human Services Division, however, joining with a non-profit developer such as Habitat for Humanity that has already been successful in our community with such projects as Westway is very beneficial to the division. In addition, the NSP3 funds will also provide an allotment for administrative costs to ensure staffing levels are appropriate to perform the requirements of the funding criteria. Without the already established partnership befinreen the City of Federal Way Human Services Division staff and Habitat for Humanity Seattle/King County, exploring this opportunity with such short timelines would not be possible. RECOMMENDATION: Staff would recommend that at this time council approves the exploration and execution of a proposal to be submitted by the City Of Federal Way in conjunction with Habitat for Humanity, partnering to achieve successful implementation of the NSP3 funding from HUD via Washington State Depa�tment of Commerce. If the city were to be awarded the funds, a more in-depth analysis will be provided to council to assess the feasibility of achieving what will be required under the agreement before a contract is executed. There are no costs, other than staff time, associated with this partnership. The potential benefits from examining this opportunity far oufinreigh the risk of remaining silent on the invitation to submit a proposal for NSP3 dollars. Options Considered: 1. The City of Federal Way will partner with Habitat for Humanity Seattle/King County to submit a proposal requesting funds necessary to recapture necessary housing units recognized by HUD because the City Of Federal Way is well-known by Department of Commerce and HiJD as a targeted area with a score of 13.4 and 13.0 in two of the census tracts (300.02 & 303.03) within the city limits. 2. The City Of Federal Way will not submit a RFP for the NSP3 funding from Department of Commerce. 3. Other: Thank you in advance for your consideration and if you have any questions, please do not hesitate to contact me. ' Departmenfi of Commerce Innova#ion is in aur na#ure. REQUEST FOR PROPOSALS Neighborhood Stabilization Program 3 February 28, 2011 Section 1. Background & Introduction In September 2010, the U.S. Department of Housing and Urban Development (HUD) awarded an additional $1 Billion in funding to all states and local communities struggling to reverse the effects of the housing foreclosure crisis. These grants represent a third round of funding through HUD's Neighborhood Stabilization Program (NSP), also known as NSP3. Washington State Department of Commerce (Commerce) was allocated $5,000,000 in federal funds through NSP3. These NSP3 funds, as authorized under Section 1497 of the Wall Street Reform and Consumer Proiection Act of 2010, are to be used to further stabilize and revitalize neighborhoods whose viability has been, and continues to be, damaged by the economic effects of properties that have been foreclosed, abandoned, or vacant. HUD generally is treating NSP3 funds as a special allocation of Fiscal Year 2010 Community Development Block Grant (CDBG) funding, thus CDBG regulations apply to NSP3, as well. For the complete NSP3 statutory and regulatory provisions, refer to pages 64322-64348 in the Federa/ Register/Vol. 75, No. 201/Tuesday, October 19, 2010/Notices, which can be accessed at: http://hudnsphelq.info/media/resources/NSP3FederalRe�isterNotice October192010.pdf. Commerce, as a HUD NSP3 grantee, is required to target its allocated NSP3 funds to one or more areas of greatest need in the state of Washington. HUD has determined the areas of greatest need (or "target areas") by census tracts around the country. NSP3 must target the areas that are located in the top 20% of the foreclosure needs scores in the state, and NSP3 projects must meet or surpass the minimum impacts identified for each of the target areas. For more details refer to HUD's "Foreclosure Need Website" at http://www.huduser.ore/portal/datasets/NSP.html. Commerce is publishing this Request for Proposals (RFP) on February 28, 2011, to solicit proposals for NSP3 grant funding for projects promoting the stabilization and revitalization of neighborhoods located in the areas of greatest need in Washington State. The total amount of NSP3 funds available for projects is $4,750,000. (Commerce is retaining 5% of the state allocation for its internal administrative and planning activities.) The minimum NSP3 funding amount the applicants can request for a project is $500,000. Commerce will not be liable for any costs incurred by the applicants in preparation of a proposal submitted in response to this RFP or any other activities related to responding to this RFP. This RFP does not obligate the state of Washington or Commerce to contract for services specified herein. Commerce reserves the right, at its sole discretion, to reject any and all proposals received without penalty and not to issue a grant contract as a result of this RFP. � Dep�rbn�nt of Cortunerce Page 1 of 12 InnovaSion is inour nature. N$P3 R2QU25t fOf PfOp050�5 Section 2. Applicant & Project Eligibility Eligible applicants for NSP3 funding are the following existing NSP1 recipient jurisdictions: Aberdeen, City of Federal Way, City of Kent, City of Lakewood , City of Snohomish County Toppenish, City of Yelm, City of Bellingham, City of Hoquiam, City of King County Pasco, City of Spokane, City of Vancouver, City of Clark County Kelso, City of Kitsap County Pierce County Spokane County Walla Walla, City of Everett, City of Kennewick, City of Lacey, City of Seattle, City of Tacoma, City of Yakima, City of The NSP3 Target Area table on the following page shows the NSP3 target areas determined by Commerce to have the greatest need in Washington State. Commerce is initially targeting areas with the greatest need for NSP3 funds that have a foreclosure need score of 12 points or higher. Commerce will consider proposals from NSP1 jurisdictions that have a foreclosure need score of at least 9 points, which is the minimum foreclosure need score established by HUD for the state of Washington. Areas with a foreclosure need score that is less than 12 points must use HUD program data to demonstrate that the area has significantly higher than average vacancy rates, subprime rates, foreclosure starts, and deflation rates. Applicants may submit proposals for one or more of the target areas listed in the NSP3 TargetArea table or for any other target area in their jurisdiction that they identify to have a great need for NSP3 funding. In order to identify the need scores and the minimum impact housing units for other target areas than the ones listed on the following page, the applicants must use HUD's Mapping Tool provided at http://www.huduser.or�/NSP/NSP3.html. In order for a project to be eligible for NSP3 funding, it must make a significant impact in its neighborhood (target area) and satisfy the following conditions: 1. Minimum Need Score. The project must be located in a target area that has an NSP3 need score of 9 or higher; 9 is the minimum need score established by HUD for the state of Washington. 2. Minimum Impacted Housing Units. The project must recover at least three (3) or the minimum number of impact housing units in its target area, whichever is higher. HUD provides these minimum numbers of impact housing units relative to the number of properties that need to be recovered in order to make an impact on a neighborhood (based on the number of REOs in the target area). 3. Readiness to Proceed and Complete the Project. The proposal must demonstrate readiness to proceed with the ability to spend 50% of the NSP3 funds in 24 months (approximately July 2013) and 100% of the IVSP3 funds in 36 months (approximately luly 2014). Note: HUD requires that all NSP3 projects spend 50% of the NSP3 funds within 24 months and 100% of the NSP3 funds within 36 months of the date HUD executes the NSP3 grant agreement with Commerce. For NSP3 purposes, spent funds mean costs were incurred to purchase a property or pay for a contractor. Even if a project is awarded funds, Commerce reserves the right to withdraw all or part of the awarded funds and reallocate them to another project if the awarded project is not making progress towards meeting the two spending deadlines. � pepartmer�t pf Cpmmerce Page 2 of 12 Innovaiio� is in our naturc. NSP3 Request for Proposals 4. NSP3 Set-Aside for Low-Income Households/Individuals. The proposal must demonstrate that at least 28% of the requested NSP3 funds will benefit households or individuals earning less than 50% of the area median income (AMI). Since HUD's 25%set-aside requirement applies to all NSP3 funds, including administration; jurisdictions will need to expend 28� of their NSP3 funds for set-aside activities in order to meet the minimum set-aside requirement. 5. Minimum NSP3 Funds Requested. The minimum award under NSP3 will be $500,000. The project's budget must include at least $500,000 in NSP3 funding. NSP3 TARGET AREAS Min # NSP Jurisdiction Target Area Need Score Impact Census Tracts H.U. 1 Clark Washou 12.7 8 4 05.07, 405.09 2 Clark/Vancouver Kevanna Park 13.0 4 413.13 3 Clark/Vancouver Orchards - NE 4th Plain 12.0 6 407.06 4 Vancouver Barracks 13.0 10 417,427 5 Kelso Kelso Eastside 13.6 10 10, li, 13 6 Kelso Longview 13.0 7 5.02 7 Aberdeen Aberdeen 12.0 7 9,12, 13 8 Hoquiam Hoquiam 12.5 7 13,15 9 Federal Way North Federal Way 13.4 26 300.02 10 Federal Way West Federal Way 13.0 24 303.03 11 Kent / King Co Kent - Highline CC 16.0 3 290.04 12 Ki Co Burien 12.4 24 272, 273,274 13 King Co Des Moines 14.0 4 288.01 14 King Co N.W. Renton 13.0 9 261 15 King Co S.E. Lea H ill 12.0 3 312.06 16 Lakewood Lakewood South 13.6 13 718.05,719.01 17 Lakewood Lakewood Thorne 15.0 7 720 18 Pierce Co Ainsworth - Pierce Co 14.7 11 717.03, 17.04 19 PierceCo CedarAv 13.0 17 717.05 20 Pierce Co El Plain � 13.0 13 731.14 21 Pierce Co F 12.0 18 731.08 22 Pierce Co Spanaway -176th 16.0 15 714.09 23 Tacoma Ainsworth - Tacoma 14.8 14 635.02, 717.03, 717.04 24 Tacoma Portland Avenue 15.0 19 620, 621 25 Tacoma Tacoma-So Yakima 12.0 3 614 26 Tacoma T 15.0 14 613 27 Tacoma Tacoma-Sprague South 14.0 24 617 28 Tacoma T acoma - CT 633 17.0 24 633 29 Tacoma Tacoma - Eastside 14.4 33 623, 624 30 Tacoma Tacoma - Lincoln Park 15.0 28 618, 625, 31 Tacoma Taco - South Park 15.0 15 629 32 Tacoma Tacoma - Steward Heights 15.0 18 632 33 Tacoma Tacoma - Wapato 14.0 13 631 34 Tacoma Tacoma -South Tacoma 15.0 22 � 626, 629 35 Everett Everett 13.0 8 405 36 Snohomish Co Marysville 12.0 3 529.03 37 Snohomish Co Sultan 12.0 8 538.02 38 Spokane City E ast Ce ntral Sp okane 12.0 � 3 33 39 Yakima City Yakim 12.0 3 2 A compiled set of maps and details for these target areas can be accessed by visiting Commerce's NSP3 website at: httq://www.commerce.wa.aov/site/1360/d efau It.aspx. Page 3 of 12 Innoxarioa is �n our naturo. NSP3 R2qU25t fOf PI'Op05015 Section 3. Application & Award Process Applicants must submit their complete proposals to Commerce by 5 p.m. (Pacific Standard Time) on Thursday, April 14, 2011 (follow the submittal instructions in Section 5). Proposals that demonstrate making a significant impact on their neighborhoods, that are ready to proceed, and that rank the highest will be selected for funding and publicly announced in May 2011. Proposals will be evaluated and ranked by a review panel consisting of Commerce staff with expertise in neighborhood stabilization, community development, and housing. Preference will be given to proposals that: � address areas of greatest need; � demonstrate readiness to proceed, with a clear plan to spend 50% of the NSP3 funds in 24 months (approximately July 2013) and 100% of the NSP3 funds in 36 months (approximately July 2014); ■ leverage other funds by demonstrating partnerships and local commitment; � generate or recover more housing units; � generate or recover more rental housing units; r commit a larger percent of their requested NSP3 funds to benefit households/individuals earning less than 50% of the AMI; and • encourage vicinity hiring (for the purposes of NSP3, vicinity means the neighborhood identified in the project's target area). In their proposal, applicants must demonstrate a clear readiness to proceed, have capacity to undertake an NSP3 project, address the state's areas of greatest need, and demonstrate an ability to produce the desired impact and results. Proposal evaluation will be based on the applicants' answers to the following scored main categories (detailed contents of each main category are listed in Section 4): Scored Main Categories Max. Points 1. Capacity � 15 2. Project Description & Market Analysis 35 3. Project Readiness & Implementation 35 4. Results 15 Total Maximum Points � 100 Proposals will be scored and then ranked by their total score from highest to lowest. Grant awards will be made to projects in rank order until the available NSP3 funds are exhausted. Commerce may negotiate funding levels with the successful applicants on a case-by-case basis and may make an offer of funding that is lower or higher than the requested amount. Once projects are selected, Commerce will include them in the final NSP3 Action Plan Application/Amendment for HUD's review and approval (due to HUD on June 30, 2011). After HUD approves this final NSP3 Aciion Plan Application/Amendment, they will prepare and execute the NSP3 grant agreement in which they will grant the allocated NSP3 funds to Commerce (estimated for July-August 2011). Commerce expects that grant contracts for the selected projects will be executed in approximately 30 days from the date HUD and Commerce execute the NSP3 grant agreement. � DepartmeM of Corrun�te Page 4 of 12 larrovatiort is in a,r �ature. NSP3 Request for Proposals Section 4. Proposal Format & Content An applicant can submit proposals for more than one project. If an applicant wishes to submit proposals for several projects, the applicant must submit separate proposals for each project and follow the same instructions for format, content, and delivery as described in this section and this RFP. Each proposal must stand on its own; do not refer to responses or statements made elsewhere or in proposals for other projects. In order to submit a complete response to this RFP, the eligible applicants must submit the following items: 1. Letter of Submittal. Along with introductory remarks, the letter of submittal must include the following information: a. Applicant's legal name. b. Applicant's federal Tax ID number. c. ApplicanYs Data Universal Number System (DUNS) number. d. Applicant's statewide vendor (SWV) number. e. Applicant's Central Contractor Registration (CCR) expiration date (see www.bpn.gov/ccr). f. ApplicanYs primary contact name, title, phone, email, and mailing address. g. Name, title, phone, email, and mailing address of the legal entity or individual authorized to legally bind the applicant to a contractual relationship. h. Name of the project for which the applicant is applying. i. The eligible use category for the project: Type B—Acquisition and Rehabilitation; Type D— Demolition; or Type E—Acquisition and Redevelopment. j. Amount of requested NSP3 funding (must be at least $500,000). Note: The letter of submittal will not be scored. 2. Certifications & Assurances Form (found on the last page of this RFP). The Certifications & Assurances form must be signed and dated on or before April 14, 2011, by the person authorized to legally bind the applicant to a contractual relationship. The Certifications & Assurances form will not be scored, but failure to submit this form with an original signature, as instructed in Section 5, will disqualify the proposal. 3. Proposal. The proposal must not exceed 12 pages (8.5" x 11") and must be typed in a minimum of 12 point font. Any page over the 12-page limit will be discarded; only the first 12 pages of the proposal will be considered in the evaluation process. The proposal must follow the outline listed below in this section and must respond to all the main categories and subcategories therein. To ensure that all items are addressed, proposals should use the same headings/titles as the main categories and subcategories headings listed in this section. Proposals that do not address all the main categories and subcategories identified in this section will be considered incomplete and will not be reviewed and evaluated. 4. Evidence of Other Funding Sources. If your project includes local funding sources (such as local government funds, non-NSP federal grants, state or private grants or loans), attach documentation evidencing that funds are either in hand, committed, or awarded. (This documentation will not count towards the 12-page limit for the proposal and may include award letters, grant or loan contract face- sheets, partnership agreements, local government resolutions, etc.) � Department af Cort�rtferoe Page 5 of 12 Innovation is in a�r �atu�e. NSP3 R2quE5t fOf PfOp05015 PROPOSAL OUTLINE, MAIN CATEGORIES, AND SUBCATEGORIES: A. an ��tv Imax„�, 5 n intsl 1. ApplicanYs Capacity. Describe the applicant's capacity and track record to implement/administer one or more neighborhood stabilization programs or projects. Describe any experience/expertise that your organization has with other HUD programs, such as CDBG, NSP, or HOME Investment Partnerships Program. 2. Partnerships. Describe any partnerships or local commitments made for your project. If you are planning to subcontract with another entity to carry out the NSP3 project, describe that entity's capacity and experience. Indicate the current status of the partnership(s), e.g., partner(s) committed, under contract, under negotiations, etc. 3. Leveraging Other Funds. Identify other funding partners and the status of their funding (funds must be in hand, committed, or awarded). Identify any local funding committed to the project. While local or partner funding is not required, it is strongly encouraged and will be a factor in your proposal's evaluation. Make sure to attach documentation evidencing the other funding sources and their status. B. Project Description & Market Analysis (max. 35 points) 1. Target Area and Need Score. Indicate the target area (i.e., where the project will be implemented) and its need score. Include the census tract number(s). Use HUD's Mapping Tool provided at http://www.huduser.ors/NSP/NSP3.html to determine the area for which you are applying. Ensure that the need score for your target area is 9 or higher. 2. Project Description. Briefly describe the scope of the project and your plans to implement it. Describe the role of partners and/or subcontractors, if any. Projects may be new or projeds may be the completion or expansion of an existing site-specific NSP project. Explain whether the project implements a new initiative or continues an NSP project that is already in progress. 3. Market Conditions Assessment. Describe the housing market in the target area. Present the volume and types of housing for sale or rent at this time. Your response should include information regarding sales and/or rental prices. Include data about vacancy rates, particularly long term vacancy rates, and absorption rates, or the average number of weeks to sell property in the area. If applicable, provide information about the density and/or location of foreclosed and/or abandoned housing units. If the properties are located near each other, describe any physical, environmental, and/or geographic characteristics that might cause the properties to be distressed. The assessment should also draw conclusions regarding why the target area, or specific regions of the area, has a high foreclosure need score. 4. Market Demand Assessment. Describe the demand for renting and/or owning homes in the target area. Include information about the number and condition of foreclosed and/or abandoned housing units. Identify any trends about residents that are moving into the area, such as income levels, tenure, family size, languages spoken, etc. The assessment should focus on the availability of NSP3-eligible properties within the target area. 5. Proposed NSP3 Eligible Use(s). Describe the types of NSP3 activities proposed for the target area. tdentify who will carry-out these activities. For instance, for homeownership activities, describe whether the proposed NSP3 activities will be grantee or buyer driven. For rental activities, indicate whether the property will have a property manager or if the maintenance is the responsibility of the tenant. The description of NSP3 eligible uses should identify the types of assistance that will be offered to homebuyers or renters. For instance, the details regarding lease-purchase options and community land trusts should be outlined. Homeownership assistance programs should describe the types and amount of financial assistance offered to the buyer. N, .to ,g: NSP3 eligible activities may NOT include redevelopment of acquired property for nonresidential uses, such as public parks, commercial uses, or mixed residential and commercial uses. � Department of Camm�rae Page 6 of 12 Innovation is in an natuse. NSP3 Request for Proposals 6. Target Area Impact. Identify the minimum number of housing units that your project will recover; it must be the higher of three (3) or the number established by HUD for your selected target area, whichever is higher. Explain how proposed NSP3 activities will meet or surpass this minimum threshold. Estimate the level of rehabilitation and/or redevelopment required. Indicate if your plans for these units include assistance to homebuyers or to renters. Forecast the levels of income of the NSP3-assisted homebuyers or renters who will participate in the program. (All NSP3-assisted activities must benefit individuals or families whose income does not exceed 120% of the AMI.) Compare these results to the low-income set•aside requirement (see details in Section 2). N�: The set-aside requirement also applies to the program income. C. Proi ea ingss �y Imp�gme,��tion Imax. 35 nointsl 1. Project Timeline. Present a timeline for the project. Explain how the NSP3 project is ready to proceed to meet the requirement that the project spends 50% of the NSP3 funds in 24 months (approximately July 2013) and 100% of the NSP3 funds in 36 months (approximately luly 2014). 2. Complete Project. Indicate if the project is already underway or if this is a new project. If this is a pre-existing project, explain how the NSP3 funding will result in a completed project. Present a before-NSP3 and after-NSP3 timeline for all phases of the project, describing the impact that NSP3 funding would make on your project. If this is a new project, describe how the NSP3 funds will be used to complete the project on time. In either case, all NSP3 projects must be finished by approximately July 2014. 3. NSP3 Marketing Plan. Outline and explain how properties will be identified, purchased, rehabilitated, or redeveloped, and then resold or rented. The explanation should include information regarding how realtors and lenders will learn about the program and gain access to it. Your answer should explain how homebuyers or tenants will learn about the program and get selected. Homebuyer programs will need to describe the homebuyer counseling that the program will offer/require and how it will be used to screen prospective buyers. Plans for rehabilitation and redevelopment need to explain how contractors will be recruited and selected, including how vicinity hiring will be implemented. Note: HUD requires that each NSP3-assisted homebuyer receives and completes at least eight hours of homebuyer counseling from a HUD-approved housing counseling agency before obtaining a mortgage. 4. NSP3 Risk-Management Plan. Briefly describe the key risks that the NSP3 project may encounter which may jeopardize or impede the success of the program. Describe your strategy for mitigating risks to the success of the project. If applicable, explain how uniform relocation and tenant protection will be addressed. 5. Environmental Review. Briefly explain the process for your project's environmental review. D. Rg�� (t� s fmax. 15 noints) 1. Goals, Outputs, and Outcomes. Describe your goals, outputs, and outcomes for this project, and include specific, measurable steps that will be taken to achieve them. a. Goals are what the NSP3 project will accomplish given the current market conditions, such as attract new residents to a target area, increase home ownership, improve property values, etc. b. Outputs are what the NSP3 project will deliver. Your response must include the anticipated number of vacant housing units recovered, number of homes repaired or constructed, units demolished, and number of people served. c. Outcomes are the intended effects that will result from carrying out the NSP3 project, such as a lower vacancy rate in the target area, reduce homelessness, stabilize population and property values, etc. 2. Affordability. If the project activities produce housing, describe how the design of the activities will ensure continued affordability. Your response should demonstrate that, to the maximum extent � Departmertt of Corrlmerce Page 7 of 12 Innovation is in our nature. � NSP3 R2qU25t fOf PfOp05815 practicable and for the longest feasible term, the sale, rental, or redevelopment of abandoned and foreclosed-upon homes and residential properties will remain affordable to individuals or families whose incomes do not exceed 120% of the AMI. 3. Vicinity Hiring. Describe your plan to encourage vicinity hiring as it relates to implementing this project. For the purposes of NSP3, vicinity means the neighborhood identified in the target area. Note: HUD requires that NSP3 projects, to the maximum extent feasible, provide for the hiring of employees who reside in the vicinity of the project or contract with small businesses that are owned and operated by persons residing in the vicinity of the project. 4. Green Housing Construction and Rehabilitation. If your project involves gut rehabilitation (i.e., general replacement of the interior of a building) or new construction, briefly describe your plan to meet the Northwest Energy Star standards. Northwest Energy Star encourages construction of homes to Energy Star standards specifically designed for the Northwest. These standards meet or surpass the standards for Energy Star Qualified New Homes AND American Society of Heating, Refrigerating, and Air-Conditioning Engineers. Information about Northwest Energy Star standards is available at: http://www.northwestenerpvstar.com. Nc �: HUD requires NSP3 projects to incorporate energy efficiency and strongly encourages green building practices. For more information refer to HUD's Green Housing Development Guide at: http://hudnsqhelq.info/media/resources/�reenhousin�develoqment�uide.qdf. 5. Sustainability. Explain whether this project will continue the stabilization program in your neighborhood after the NSP3 funding is exhausted (i.e., the NSP3 project is complete). If so, describe how those services will be provided and describe their financial sustainability. Identify ongoing funding sources or partners, if applicable. E. Proiect B,}�degt (not_ sc�,,,oredl 1. NSP3 Requested Amount. Identify the requested amount of NSP3 funding for your project. The minimum NSP3 award will be $500,000. 2. Project Cost. Indicate the total estimated project cost and identify all of the components or cost categories taken into your calculation. Ensure that no more than 5% of your requested NSP3 funding is for administrative or planning costs. You are also allowed to use up to 10% of your program income to pay for administrative and planning costs. Note: For details about eligible NSP3 costs, refer to pages 64332-64333 in the Federal Register/Vol. 75, No. 201/Tuesday, Octoberl9, 2010/Notices, which can be accessed at: httq://hudnsqhelp.info/media/resources/NSP3FederalResisterNotice October192010.pdf. In the event that HUD or Commerce recaptures NSP3 funds from an awarded grant, the administration and planning percent allowance will be reduced accordingly. 3. Program Income. Describe any anticipated program income and how it will be managed and used by your project. Explain if and how the anticipated program income was taken into the calculation of your project's budget. For purposes of NSP3, program income means gross income (e.g., total proceeds from the sale of a unit prior to any deductions for closing and/or homeownership assistance) received by a NSP3 recipient, which was directly generated from the use of NSP3 funds. For a more accurate description of what constitutes program income, refer to 24 CFR 570-500(A). Note: HUD requires that all program income be disbursed for eligible NSP3 activities before additional cash withdrawals are made from the U.S. Treasury for a NSP3 project/program. NSP3 program income must stay in the NSP3 program/project and must be used for additional NSP3 eligible activities. Program income will be subject to all the rules and regulations of NSP3. � Department of Commerce Page 8 of 12 fenoaaiion is in our nature. NSP3 R2QU25t f0f Pt'OPO50�5 Section 5. How & When to Submit Applicants must ensure that their proposal submittal follows the instructions and outline described in this RFP. Proposals must address all the main categories and subcategories listed in Section 4. Do not respond by referring to material presented elsewhere. The proposal must be complete and must stand on its own merits. All submitted proposals and any accompanying documentation become public information in their entirety, as described in RCW 42.56. TWO•STEP SUBMITTAL PROCESS A complete proposal submittal must include a letter of submittal, a Certifications & Assurances form (with an original signature, dated on or before April 14, 2011), a proposal, and documentation evidencing other funding sources. Step 1. Applicants must email their proposal (in Microsoft Word format), letter of submittal (in Microsoft Word format), Certifications & Assurance form (signed and dated on or before Apri114, 2011, and scanned), and documentation of other funding sources (preferably scanned documents) to Corina.Gri�oras@commerce.wa.aov by 5 p.m. (Pacific Standard Time) on Thursday, Aprit 14, 2011. The Subject line of the email must read "NSP3 Proposal". Emails with "NSP3 Proposal" on the Subject line will receive an automated confirmation receipt email. NOTE: Commerce assumes no responsibility for delays caused by any problems in the email and/or servers. If you do not receive an automated confirmation receipt for your email, please call RFP coordinator Corina Grigoras at (360) 725-3092, to ensure that your documents have been received. Late submittals will not be accepted and will be automatically disqualified from further consideration. Step 2. The hardcopy of the Certifications & Assurances form with the orieinal signature and dated on or before April 14, 2011, must be mailed to: Corina Grigoras, NSP3 Program Manager Department of Commerce Contracts Administration Unit Neighborhood Stabilization Program 3 1011 Plum Street SE PO Box 42525 Olympia, WA 98504-2525 Section 6. Questions & Clarifications The RFP coordinator is the sole point of contact in Commerce for this RFP. All communication between the applicant and Commerce upon receipt of this RFP shall be with the RFP coordinator: Corina Grigoras, NSP3 Program Manager Email: Corina.Gri�oras@commerce.wa.�ov Telephone: (360) 725-3092 Any other communication will be considered unofficial and non-binding on Commerce. Applicants are to rely solely on written statements/answers issued by the RFP coordinator. All questions and answers will be compiled and added to an "RFP Questions & Answers" document posted on Commerce's NSP3 website at http://www.com merce.wa.�ov/site/1360/defau It.aspx. � Department of Commerce Page 9 of 12 Introvatioa ia io ow nature. NSP3 R0QU25t fOf PfOp050�5 Section 7. Other Useful Information More information, data sources, and NSP information and publications can be found at the following locations: Commerce's NSP website: http://www.commerce.wa.�ov/site/1139/default.aspx Commerce's NSP3 website: http://www.commerce.wa.�ov/site/1360/default.aspx HUD's NSP3 Website: httn://www.hud.�ov/offices/cqd/com munitvdevelopment/prosrams/neishborhoodsa�/nsp3.cfm HUD NSP3 Regulations: http:/lhudnsphelq.info/media/resources/NSP3FederalRe�isterNotice October192010.pdf HUD's Mapping Tool: httq://www.huduser.or�/NSP/NSP3.html HUD's NSP Website: http://www.hud.�ov/offices/cpd/communitvdevelopment/pro�rams/nei�hborhoodsp�/ HUD's NSP Data Sets: http://www.huduser.or�/portal/datasets/NSP.html HUD's CDBG Website: http://www.hud.sov/offices/cpd/communitvdevelopment/qro�rams/index.cfm Northwest Energy Star: httq://www.northwestener�vstar.com HUD's Green Housing Development Guide: http://hudnsqhelp.info/media/resources/sreenhousin�development�uide.pdf Green Building Advisor: http://www.�reenbuildinsadvisor.com USPS Vacancy Data: http://www.huduser.or�/portal/datasets/usps.html US Housing Market Conditions: http://www.huduser.or�/portal/periodicals/ushmc.html Policy Maps: http://www.policvmaq.com/maps Foreclosure Data: http://foreclosure-response.or�/ U.S. Maps & Data: http://�os2.seodata.�ov U.S. Census Bureau, American FactFinder: http://factfinder.census.�ov U.S. Bureau of Labor Statistics: http://bls.sov/ Mortgage Bankers Association: http://mbaa.ors//researchandforecasts National Association of Real Estate Brokers: http://www.nareb.com/ National Association of Realtors: http://www.realtor.com/ ESRI: httq://www.esri.com/DATA/free-data/index.html or http://www.esri.com/DATA/ESRI DATA/ Central Contractor Registration (CCR): http://www.bpn.�ov/ccr � Departmet�t ofi Commerce Page 10 of 12 Innovatio� is 4n ou� natu:e, NSP3 ReqU25t fOI' P�OpOSa15 Section 8. Glossary of Acronyms AMI Area median income CDBG Community Development Block Grant (HUD program, NSP's "father" program) H.U. Housing units HUD United States Department of Housing and Urban Development NSP Neighborhood Stabilization Program NSPS Neighborhood Stabilization Program 1, the first round of NSP funding, as authorized under Section 2301(b) of the Housing and Economic Recovery Act of 2008 NSP3 Neighborhood Stabilization Program 3, the third round of NSP funding, as authorized under Section 1497 of the Wall Street Reform and Consumer Protection Act of 2010 REO Real estate owned by banks or financial institutions RFP This Request for Proposals � Depsrtmer�t of Commerce Page 11 of 12 InirovaNanisinou�nature. N$P3 R2(�U25tfOt' PfOpO5a�5 CERTIFICATIONS $ ASSURANCES Neighborhood Stabilization Program 3 Request for Proposals I/we make the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract(s): 1. I/we declare that all answers and statements made in the proposal are true and correct. 2. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal. 3. The attached proposal is a firm offer for a period of 60 days following receipt, and it may be accepted by Commerce without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 60-day period. 4. In preparing this proposal, I/we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to this proposal or prospective contract, and who was assisting in other than his or her official, public capacity. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.) 5. I/we understand that Commerce will not reimburse me/us for any costs incurred in the preparation of this proposal. All proposals become the property of Commerce, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal. 6. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by me/us and will not knowingly be disclosed by me/us prior to opening, directly or indirectly to any other proposal applicants or to any competitors. 7. I/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document. 8. No attempt has been made or will be made by me/us to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. 9. I/we grant Commerce the right to contact references and others, who may have pertinent information regarding my/our organization's prior experience and ability to perform the services contemplated in this proposal. Signature Name Title Legal Name of Applicant Organization Date � DepartmeM af Commerce Page 12 of 12 Innovation is itt ou� nature. NSP3 Request for Proposals Map Date: March 2010 C� }` , O � City of Federal Way �y Census Tract 300.02 P�O.Box9718 Federai Way, Wa. 98063 Fed e ra I Way Vcinity & Street Map (P) 253-835-7000 (W) www.cityoffederalway.com CITY OF This map is intended for use � Federal Wa v 0 0.125 0.25 as a graphical representation. � �' J Miles The City of Federal Way makes N � , ., , „� , ,., . , , , , �. , ... ,_. ,_,��_ _ no warranty as to its accuracy. 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R:\erik \ d\Pr � s\Nei hborhood Stabilizati n\Ma s\NSP3 Tra t303.03 Street.mxd COUNCIL MEETING DATE: March 15, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT DIRECT ENTITLEMENT ITEM #:_ � POLICY QUESTION Should the City Of Federal Way provide notice to King County and Housing and Urban Development (HUD) before April 30, 2011 that the city will receive its Community Development Block Grant entitlement funds directly from HUD beginning in year 20I2. Notice to the parties will confirm that the city has determined it is not in their best interest to continue under the Joint Agreement Interlocal with King County but rather receive its fund directly. COMMITTEE PRHS&PS CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: ` Attachments: ❑ Ordinance ❑ Resolution MEETTNG DATE March 8 , 2011 ❑ Public Hearing ❑ Other DEPT: • Memorandum to PRHS&PS Council Committee dated March 1, 2011 • Memorandum to Human Services Commission dated February l6, 2011 • Federal Way CDBG Entitlement Feasibility Study — dated November 2010 � me � 'ma►zX, tio, 2or1 Options Considered: .r. 1. The City of Federal Way provides notice to King County and HUD before Apri130, 2011 of its intent on receiving its entitlement directly. T'his means that the city will allocate the necessary funds needed, as recommended by the feasibility study, to ensure that the completion of the transfer from the interlocal agreement with King County to becoming a direct recipient from HUD is built upon a firm foundation. In addition that the capital priorities for at least the next three years will be housing rehabilitation and micro-enterprising activities as recommended by the Human Services Commission. Knowing that this transition process has to be supported and embraced by city and all of its Departments, it is encouraged that other departments within the city are schooled on the processes and engaged in the transition. Finally, the feasibility study provides descriptive recommendations on how to support the Human Services Divisional staff by ensuring that the program is properly staffed and the city also agrees with its recommendations. 2. The City Of Federal Way will notify King County that its intent is to sign the Joint Interlocal Agreement as a Joint Agreement city whereby, allowing King County to receive the City Of Federal Way's entitlement. This action would by action put the city into a sub-recipient relationslup with HUD and has to remain as such for not less than 3 years. 3. Other: STAFF RECOMMENDATION: Staff recommends option 1 MAYOR'S APPROVAL: Council DIRECTOR APPROVAL: Cow�cil -t-�;� i s i�rr, w� au recom d COMMITTEE RECOMMENDATION: I move to forward e n '' to the March 1 S, 2011 cews � � �uneii Business a9c�'rda. "I move approval of (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # ` CITY OF � Federal Way MEMORANDUM TO: Federal Way City Council FROM: Lynnette Hynden, Human Services Division Man VIA: Bryant Enge, Administrative Services Director CC: Skip Priest, Mayor DATE: March 10, 2011 RE: Direct Entitlement Consideration Supplemental Information BACKGROUND On March 8, 2011 staff presented to the Parks, Recreation, Human Services and Public Safety Council Committee an Agenda Bill recommending that the City Of Federal Way notify King County and HUD of its intent to receive entitlement funding direcUy from HUD beginning in 2012. Council member Park raised a question on funding the start-up costs as identified in the memorandum attached to the Agenda Bill. Where would the funding come from and what if any additional FTE's would be needed and how they would be funded was also explored. The unpredictable CDBG funding levels that have been volatile and could flux beyond the estimated entitlement range the city is accustom to receiving was talk about. The Agenda Bill was moved forward from committee without a recommendation pending fu�ther staff presentation under council business on March 15, 2011. STAFF RESPONSE AND RECOMMENDATION Staff has confirmed that funds not exceeding $50,000.00 from the year-ending fund balance, one-time dollars will be set aside to accomplish the federally required start-up processes to include but not limited to Consolidated Plan and other necessary plans as outline in the staff memorandum dated March 1, 2011 under paragraph "Start-up Costs." The start-up costs are reimbursable from the direct entitlement allotment once the City is under the entitlement agreement between HUD and the City Of Federal Way. If the allotment maintains at the level it has for the past 4 years, there is little to no concern of the citys ability to reimburse itself for the up front costs. However, should the allotment waiver and decrease, there is slight risk that full reimbursement will not be achieved due to the limited cap on administrative cost allotment. Additional FTE staffing is not necessary to implement the conversion to direct entitlement. The unpredictability of what the allotment will be, while concerning, does not waiver staff's the decision to recommend notifying HUD and King Counry of its intent to dissolve our Joint Agreement. In fact, should allotments decrease slightly or significantly it is more beneficial for the city to be a direct recipient because of the greater impact to King County and what would be their inability to provide the same level of services. Staff recommends that the City Of Federal Way provide notice to King County and HUD before April 30, 2011 of its intent on receiving its entitlement directly. The short-term budgetary risk due to the unpredictability of the federal appropriations does not outweigh the overall long-term benefits to the City Of Federal Way. The city will be better suited to manage for a sudden and almost violent swing in funding levels from HUD should that occur, rebuild community relationship pertaining to capital improvements and finally, most important eliminate an additional layer of unnecessary communication between HUD and the city. MOTION: "I move approval for the City Of Federa/ Way to provide notice to King County and HUD before April 30, 2011 of its intent on receiving its entit/ement directly. The city will set aside no more fhan $50,000.00 from its ending fund balance one-time funds to use for the start-up costs necessary to develop the required Consolidated Plan and other necessary and legal documents for transitions from a Joint Agreement City to a Direct Recipient of its CDBG Funds." ` CITY OF � Federal Way MEMORANDUM TO: Parks, Recreation, Human Services and Public Safety Council Committee FROM: Lynnette S. Hynden, Human Services Manager ��, b DATE: March 1, 2011 RE: CDBG Direct Entitlement Consideration Background: Community Development Block Grant (CDBG) dollars have been woven in the fabric of the Federal Way community for well over 16 plus years. Both capital projects and public services have benefited our residents. At one point in the city received its allotment directly from Housing and Urban Development (HUD) when it was a very young city and wasn't properly staffed. From approximately 1995 every three years the city assesses and had made the determination to continue in the Joint City Interlocal Agreement with King Counry where that puts the city as a sub- recipient of its own funds or to ramp up and support the necessary processes to become a direct recipient. The Joint Inter-Loca/ Agreement (JIA) outlines for those cities who chose to be a sub-recipient of their direct entitled funds being administered by King County. There are administrative costs and program impacts as well as procedures that are agreed upon belween King County and joint agreement cities. The countys role is as the technical advisor to the JIA cities because under the agreement, HUD recognizes the county as its client and the JIA cities are sub-recipients. Joint Agreement Cities contribute agreed upon portions of its allotment for such costs associated with the administrating the grants. There is very little if no flexibility in negotiation on the inter-local agreement. Everything from capital implementation (environmental reviews and Davis Bacon monitoring), minor housing repair to the administrative and planning dollars are all jointly and clearly negotiated in the agreement. Also discussed are limitations to number of service programs and capital projects the joint agreement cities can contract with within the program year. King County prepares all required documents that are directed by HUD. While the City Of Federal Way has the ability to select public service programs and capital projects, it is the County, through the JIA, that has the final determination on the projects selected. Purpose: At the end of this year, December 2011, the City Of Federal Wa�s Joint Agreement with King County expires. The city is now once again faced with either renegotiating the JIA for another three years or the city could opt to undertake the process of receiving its entitlement directly from HUD. Infrastructure within the Human Services Division will need to be set up as statutorily required by law and monitored by HUD. This infrastructure creates the foundation for greater responsibility and a direct relationship to HUD. The city's administrative dollars over the past years has supported the countys infrastructure to provide such support that now would need to be switched. The consultant hired to examine the pending question explored and assessed the "Pros and Cons of the City Of Federal Way assuming their Entitlement status beginning in 2012'. The consultant provided his final report in November 2010 (report is attached). In addition to the consultants work, staff also participated in lengthy discussions between King County staff and the two other joint agreement cities as well as the two potentially new joint agreement cities. Discussions on such topics as whether or not there could be changes to the Joint Inter-local Agreement, what type of activities a direct entitlement ciry can do that would limit the risks of greater liability for project management, Housing Repair programs and potential South King County City collaboration. The discussions and outcomes from the meetings are incorporated into the overall staff recommendation. CDBG Program Since 1974 Congress has allocated funding to support the Community Development Block Grant program which is both public services and capital projects that benefit the community of need. The Direct Entitlement average for the city has been in the mid $700,OOO.range. There are a few ways to increase this base line entitlement by generating program income, recapturing funds and supplementing CDBG with local funds. Another option to increase the allocation is the potential of annexing another 20,000 persons that would increase our entitlement by approximately $150,000. CDBG Administrative Costs The consultant compared five most comparable cities to the City Of Federal Way and found that most cities recorded under the 20% administrative service cap on the program. However, across the board cities reported that it is very difficult to truly capture the total FTE used on any one activity. Dedicated CDBG staff hours are recorded and reported, but depending on the project activity other ciry departments provide in-kind supportive services. Other services such as environmental reviews, David Bacon monitoring and in-house projects are just a few that come to mind but have to be supported as needed per activity. The more complex activities selected require more staff and technical expertise that if not provided by employed city staff will have to be done on an outside contractor basis. It is suggested that the city allocate 1.75-2.25 FTEs to just CDBG to assure adequate staffing is available within the Human Services Division to support the added administrative responsibilities, regardless of what program activities are selected. If complex capital activities become a city priority another increase in FTEs would be necessary to support additional labor intensive oversight. Eventually, after a couple of years of ramping up the program and that time commitment levels off the city could maintain a limited number of the FTEs at the 1.75-2.25 suggested level. This is assuming that the staffing expertise remains stable and sustainable. It is staff expertise that makes this program successful or potentially a liability for the city. Also, this assumes that only slight modifications are made to desired program activities over the years. Start-up Costs Developing a Five-year Consolidated Plan as well as the Assessment of the Impediments to Fair Housing and the Anti-Displacement and Relocation Plan are all required to be created and maintained. Currently King County absorbs these costs and burdens for the city. Public comment and participate is the backbone structure of CDBG programming. The Consolidated Plan ranges from $25,000. to $40,000 and must be complete before the city would be approved to receive its allotment. This can be reimbursed; however, the city must front the costs. The other reports range from $5,000 to $10,000 dollars for the initial start-up. The IDIS system for reporting programming and expenses to HUD is required. While this is a web-based system, there will be minimal costs associated with having the appropriate set-up, but there will be soft human capital costs such as technical support from the IT Department will be essential and necessary. While staff have gone through hours of updating our monitoring process, tracking systems and document storage systems. The infrastructure required by HUD as a direct entitlement still lays ahead of us and more work and staff resources are needed to ensure the city's operations meets HUD guidelines. Summary: The consultant's report in addition to staff time spent over the past 6 months examining the question of what benefit, if any, will becoming a Direct Entitlement from HUD be a better option for the City Of Federal Way can be answered. The most important and pervasively absent benefit for the city is community relationships that the City Of Federal Way has not maintained because of the barriers between our community and King County. The inter-local agreement arrangements, with or without intention, inhibits the city staif from developing on-going relationships needed to achieve the necessary spend down ratios required by HUD. The city needs to embrace its community by forming lasting strategic planning partnership for its residents. To date, while the city has spent dollars in our community to enhance capital projects, it is the county tMat is seen as the lead and decision maker. At times those decisions have been detrimental to actually realizing community projects but at other times we have been successful. The inconsistency in services provided by the county to meet its agreements is impacting the citys ability to fully engage the community partners and realize completed projects. Determining whether the city would be interested in changing its program mix is a policy decision that neither staff nor the consultant answered in making its recommendations. However, the Human Services Commission offers its recommendation that capital projects be limited to housing rehabilitation and micro-enterprising activities. Certainly if the city minimized the number of public service agencies they contract with and then limit the capital project activity, managing the entitlement would be done with less risk. The overall organizational change involved in transitioning the current work processes to support the Human Services Division taking on this grand operation needs to be accepted throughout the entire city's organizational structure. The effect the change necessary to make such a shift of this magnitude requires internal support and recognition of the potential impacts if not fully embraced. With organizational support that allows ownership for controlling the change and then having the city adapt to the change will prove to be a successful shift for this program and the city. Come short of an organizational buy in, the risks again to the overall functionality of the CDBG program could be high for the City Of Federal Way if not supported on every level of the organization. Staff Recommendation: I am honored to have had the opportunity to examine in depth the pending question of what is the appropriate decision to make this year as it relates to continue the status quo of engaging in the Joint Interlocal Agreement between the city and King County, or pursue the cities entitlement in a completely different direction. The decision is difficult because of multiple factors. More than 9 months with six of them being consumed with research and queries of partners both internally and externally has transpired. Finally, an unbiased consultant weighed in as well. Engaging the Human Services Commission and their combined wealth of knowledge and vested interest were also done throughout the process and leading to their recommendation on February 28, 2011. The HS Commission after carefully weighing the options unanimously recommends to the City Council that the City Of Federal Way provide notice and sets out a course to receive its entitlement funds directly from HUD starting in 2012. Options for the council committee to consider: 1. The City of Federal Way provides notice to King County and HUD before April 30, 2011of its intent on receiving its entitlement directly. This means that the city will allocate the necessary funds needed, as recommended by the feasibility study, to ensure that the completion of the transfer from the interlocal agreement with King County to becoming a direct recipient from HUD is built upon a firm foundation. In addition that the capital priorities for at least the next three years will be housing rehabilitation and micro-enterprising activities as recommended by the Human Services Commission. Knowing that this transition process has to be supported and embraced by city and all of its Departments, it is encouraged that other departments within the city are schooled on the processes and engaged in the transition. Finally, the feasibility study provides descriptive recommendations on how to support the Human Services Divisional staff by ensuring that the program is properly staffed and the city also agrees with its recommendations. 2. The City Of Federal Way will notify King County that its intent is to sign the Joint Interlocal Agreement as a Joint Agreement city whereby, allowing King County to receive the City Of Federal Way's entitlement. This action would by action put the city into a sub-recipient relationship with HUD and has to remain as such for not less than 3 years. Staff recommends option 1. Thank you and if you have any questions that I can answer, please let me know. ` CiTY OF � Federal Way MEMORANDUM TO: Human Services Commission FROM: Lynnette S. Hynden, Human Services Manager �� \ DATE: February 16, 2011 RE: CDBG Direct Entitlement Consideration Background: The City of Federal Way has been eligible for Community Development Block Grant (CDBG) doltars for well over 16 years. History will recall that at one point the city did receive its allotment directly from Housing and Urban Development (HUD) when it was a very young city and wasn't properly staffed to manage the laborious funding requirements and processes necessary to be a direct recipient. There are few cities in King County with populations above 50,000 that qualify to receive funds directly from HUD; Federal Way being one of them. With a population count over 88,000, the City of Federal Way receives the largest entitlement sum of the cities that remain under a Joint Interlocal Agreement (JIA) partnered with King Counry. King County also receives funds directly from HUD for all the smaller cities that have a population under 50,000 as well as the unincorporated areas of the county. The smaller cities and unincorporated King County in addition to the JIA cities are known as the "Consortium" that is governed by the "Joint Recommendation Committee." Over the years the City of Federal Way has participated in the King County CDBG Consortium as a Joint Agreement City. Currently, Renton and Shoreline combined with Federal Way make up the three cities that are identified as "Joint AgreemenY' cities. There are two seats identified for the Joint Agreement cities to rotate among them and participate as members. If more agreements are reached between cities and the county, at this time only two seats are still available to all JIA cities and must be rotated. Joint Agreement cities are those cities that qualify to receive their allotment directly from HUD but for several reasons have chosen not to. Every three years the JIA between the county and the eligible cities is revisited and executed for continued collaboration. Pursuant to HUD's guidance, cities can opt out of the JIA every three years. The Joint Inter-Local Agreement (JIA) outlines the administrative costs and program impacts as well as procedures that are agreed upon between King County and joint agreement cities. The county's role is as the technical advisor to the JIA cities because under the agreement, HUD recognizes the county as its client and the JIA cities are sub- recipients. Joint Agreement Cities contribute agreed upon portions of their allotment for such costs associated with administrating the grants. Everything from capital implementation (environmental reviews and Davis Bacon monitoring), minor housing repair, to the administrative and planning dollars are all jointly and clearly negotiated in the agreement. Also discussed are limitations to number of service programs and capital projects the joint agreement cities can contract with within the program year. King County prepares all required documents that are directed by HUD. While the City of Federal Way has the abiliry to select public service programs and capital projects, it is the County, through the JIA, that has the final determination on the projects selected. The City of Federal Way's "seaY' at the King County Housing Consortium, "JRC" membership allows for collaboration and contribution to larger regional projects. Being a member of the consortium allows the city to work cooperatively with others among the region on housing and capital projects which would otherwise not have enough funding to be completed. Purpose: At the end of this year, December 2011, the City of Federal Way's Joint Agreement with King County expires. The city is now faced with either renegotiating the JIA for another three years, or the city could opt to undertake the process of receiving its entitlement directly from HUD. If the decision is to receive the city's entitlement directly, the city has to notify both the county and HUD by April 2011. Infrastructure within the Human Services Division will need to be set up and plans drawn up as statutorily required by law and monitored by HUD. This infrastructure would be creating the foundation for greater responsibility and being directly responsive to HUD. The city's administrative dollars over the past years have supported the county's infrastructure to provide such support that now would need to be switched. In preparation for making a determination regarding the feasibility of the ciry receiving our entitlement directly, the Human Services Division hired a consultant. The consultant explored and assessed the "Pros and Cons of the City of Federal Way assuming the direct entitlement status beginning in 2012". The consultant provided his final report in November 2010 (report is attached). Also in preparation for making this decision, staff has participated in lengthy discussions between King County staff and the two other joint agreement cities as well as the two potentially new joint agreement cities. Discussions on such topics as whether or not there could be changes to the Joint Interlocal Agreement, what type of activities a direct entitlement city can do that would limit the risks of greater liability for project management, Housing Repair programs and potential South King County City collaboration. These discussions and outcomes from the meetings are incorporated into the overall considerations staff will weigh when making a recommendation. CDBG Program Since 1974 Congress has allocated funding to support the Community Development Block Grant (CDBG) program which is both public services and capital projects that benefit the community of need. The funding level between 1974 and 2006 remained constant, and then there was a slight decline in 2008. The Direct Entitlement average from the last 4 years is in the mid $700,000 range. There are a few ways to increase this baseline entitlement by generating program income, recapturing funds and supplementing CDBG with local funds. Another option that is lingering that could increase the allotment is per the Growth Management Area there are another 20,000 persons that could at sometime join the city via annexation. The annexation would increase our entitlement by approximately $150,000. There are ongoing costs are associated with managing CDBG. Administering the grant requires more staff time than what the city is currently devoting to the CDBG program management. Developing an Annual Action Plan and annually reporting the program's progress is essential. Both of these reporting processes require public participation. Record keeping and program management in addition to contract management will rest entirely upon the city's purview. Fiscal management is also necessary and depending on what contracts are written and fund source disbursements, there could be extra burdens on other city departments and divisions. Finally, technical experience assistance and training for sub-recipients is another duty in addition to monitoring agency compliance. Staff will have to assume reporting into the IDIS HUD electronic system for all of the city's sub-recipients. CDBG Administrative Costs The consultant compared the five most comparable cities to the City of Federal Way and found that most cities recorded under the 20% administrative service cap on the program. For example, he has shown most operate within average of 1.47 FTEs. What is not used for administrative management can be put into project activities. However, across the board cities reported that it is very difficult to truly capture the total FTE used on any one activity. Dedicated CDBG staff hours are recorded and reported, but depending on the project activity other ciry departments provide in-kind supportive services. Other services are environmental reviews, Davis Bacon monitoring and in-house projects to name a few. The more complex activities selected naturally require more staff and technical expertise that if not provided by employed city staff will have to be done on an outside contractor basis. Currently under the JIA, the City of Federal Way is compelled to support the salary of its CDBG Coordinator with General Fund dollars. The city has dedicated 1.0 FTE to the CDBG grant coordination and the 10% of its administrative allocation ceiling does not cover the salary/benefits of its coordinator. It also does not have monetary allowances to reimburse the ciry for operating costs such as mailing, legal postings and such required by law. It is suggested that the city allocate 1.75-2.25 FTEs to assure adequate staffing is available within the Division to support the added administrative responsibilities, regardless of what program activities are selected. If complex capital activities become a city priority, another increase in FTEs would be necessary to support additional labor intensive oversight. It appears regardless of whether or not the city becomes a direct entitlement, supplementing staff salary and operating costs with General Funds is necessary. Eventually, after a couple of years of ramping up the program and the time commitment levels off, the city could maintain a limited number of the FTEs at the 1.75- 2.25 suggested level. This is assuming that the staffing expertise remains stable and sustainable. It is staft expertise that makes this program successful or potentially a liability for the city. Also, this assumes that only slight modifications are made to program activities over the years. Stan-up Costs Developing a Five-year Consolidated Plan as well as the Assessment of the Impediments to Fair Housing and the Anti-Displacement and Relocation Plan are all required to be created and maintained. Currently King County absorbs these costs and burdens for the city. In general, expert consultants are hired to complete these required documents because of the labor intensive activities needed to complete these reports. Public comment and participation is the backbone structure of CDBG programming. While some of these reports can be delayed and implemented in a rolling fashion, they still have to be completed and will absorb funds from the limited 20% cap maximum limit for administrative costs allowed. The Consolidated Plan ranges from $25,000 to $40,000 and must be complete before the city would be approved to receive its allotment. This can be reimbursed; however, the city must front the costs. The other reports range from $5,000 to $10,000 dollars for the initial start-up that then can be updated by staff. The IDIS system for reporting programming and expenses to HUD is required. While this is a web-based system, there will be minimal costs associated with having the appropriate set-up. On-going technical support from the IT Department will be essential and necessary. In addition, the new federal Transparency Act requirements and associated reports appear to consume significant staff resources. While staff have gone through hours of updating our monitoring process, tracking systems and document storage systems, our current internal corrtrols are sufficient for compliance with our JIA. The infrastructure required by HUD and in anticipation of preparing to become a direct entitlement city, more work and staff resources are needed to ensure the city's operations meet HUD guidelines. Summary: The consultanYs report, in addition to staff time spent over the past 6 months, examines the question of what benefit, if any, becoming a Direct Entitlement from HUD will have, and would it be a better option for the City of Federal Way. To answer this question there appears to be benefits on both sides of the question. Project activities the ciry has accomplished in the past would have a greater impact and drain and still require Regional Support; however, determining the greatest needs of the local community could be better served being a direct entitlement. In general, there is no compelling reason not to engage in the continued Joint Interlocal Agreement; conversely, there are no compelling reasons not to discontinue the agreement relationship as well. The JIA provides much more protection and a safe#y net when administering the program activities. The bureaucracy with the additional layer having King County administratively support the city can be cumbersome and certainly communication at times has been strained which resulted in less than outstanding outcomes; however, over the years there have been many program activities that have benefited the city due to the current arrangement. Specifically, questions 1- 3 on page 15 of the consultanYs report outlined next steps to consider before making the decision. Question 1 was explored and at this time all mentioned cities are not interested in further negotiations outside of the JIA. Question 2 the other South King County entitlement cities are not interested in developing a localized consortium to reduce costs or operate a larger housing repair consortium. No other cities are considering to opt out of the JIA and in fact at least one of the two newer cities are,committed to opt in, as suggested in Question 3 this topic be explored. Determining whether the city would be interested in changing its program mix is a policy decision that neither staff nor the consultant could answer. Certainly if the city minimized the number of public service agencies they contract with and then limit the capital project activity to microenterprise and perhaps home repair, both of which are identified as community needs for Federal Way, managing the entitlement would be done with less risk and significantly less impact to the Finance Department. The organizational change that would be involved in transitioning the current work process into a Division that will receive the entitlement directly needs to be accepted throughout the entire organization. Effecting change is merely not enough to make a shift of this magnitude for the size of this organization. With organizational support that allows ownership for controlling the change and then having the city adapt to the change will prove to be a successful shift in this program. Come short of an organizational buy-in, the risks again to the overall functionality of the CDBG program could be high for the City of Federal Way if not supported on every level of the organization. Staff Recommendation: As staff it is my duty to assess and weigh the overall outcomes of implementing policy change successfully. This is a very difficult situation for the Human Services Divisional staff and was not made in a vacuum. Detailed assessments were completed and queries made on all levels of the organization both internally and externally. As an unbiased participant, a consultant was also asked to make a recommendation based on his work and assessment. All that being said, there is no one obvious answer on which direction to pursue. The pros for "Direct EntitlemenY' are that the ciry has its own autonomy from King Counry but also separate from the Regional King County combined cities. To be frank, it appears as if the struggles for the ciry to fully participate in the current JRC and JIA structure is the disjointed and fragmented communication between the city and King County personnel. Staff is trying to determine if the overall outcome change of being a direct entitlement city based on personnel shortcomings and past experiences is a benefit to the City of Federal Way. The collaborative nature or lack thereof is strained due to personnel performances and not merely the structure that the city has been operating under for the past several years. Another jurisdiction outside of King County that is similar in size reported to staff that their collaborative relationships and open communication have benefited their region to have joint agreements. While it is true that leveraging and combining CDBG entitlement dollars within the Region would provide greater opportunity to expunge the balances on the yearly dollars in meaningful ways to benefit the community it is intended to serve. Option A: The Human Services Commission recommends that the Ciry of Federal Way continue in its long-standing Joint Interlocal Agreement with King County. However, it also recommends that the city actively pursue open communication and convey to King County the necessity to be collaborative by enhancing the working relationships. Option B: The Human Services Commission recommends that the City of Federal Way provides notice before April 15, 2011 to King County as well as Housing and Urban Development (HUD) of its intent on receiving its entitlement directly. Which means the city will have to fund the necessary documents required by HUD before the city receives its entitlement. The 20% Administrative Costs allotment of the entitlement funds will remain with the Human Services Division to ensure appropriate implementation to safeguard potential liability associated with risk of not managing the allotment appropriately. Option C: Other: Cc: Mayor Skip Priest Bryant Enge, Administrative Services Director Federal Way CDBG Entitlement Feasibility Study Potential for City of Federal Way to Assume CDBG Entitlement Responsibilities November 2010 Purpose: The purpose of this study is to assess and present the Pros and Cons of the City of Federal Way assuming CDBG Entitlement status beginning in 2012; and to study the potential for improving (or deteriorating) CDBG Prograrn outcomes. Background: As an urban city with a population over 50,000, the City of Federal Way receives a HUD CDBG allocation based on its population, extent of poverty and condition of its housing stock. The grant allocation for housing and community development activities in the City activities in 2010 is $779,391. For the 2012 program year, the City has the choice of renewing its existing loint Interlocal Agreement (JIA) with King County to receive and administer the program on behalf of the City or it can choose to receive the funds directly from HUD. At least 4 other King County Consortium members are considering the same question (Renton, Shoreline, Kirkland and Redmond). The purpose of this analysis is to provide information on which the City ean make an informed decision regarding which option would best serve the City's interests. Financial Considerations Annual Funding Stability/Instability CDBG Entitlement Funds The City should expect to receive in the area of $750,000 in CDBG funds for the foreseeable future (notwithstanding any potential drastic changes resulting from the continued economic recession). Since the legislation forming the CDBG Program was passed in 1974, there has been a federal allocation of funds for communities every year. For the past 36 years, Congress has seen the Program as a fixture in providing basic needs of both large and small cities. The Program has significant and powerful support from the Mayor's Conference and national county government associations. In the early years following the turn of the century, formula-based Entitlement funding levels for Federal Way were consistently over $800,000 per year. Beginning in 2006, Entitlement funding levels for the City dropped into the $700,000 level and only in the 2010 fiscal year has it approached earlier tevels at $779,391. The proposed FY 2011 Federal budget for the formula-based CDBG Program remains at the same level as the Congress appropriated funds for FY2010. This means the City can expect approximately $780,000 for the 2011 program year and a similar amount for the 2012 year. Following are the annual Entitlement allocations for the City of Federal Way over the past five years, showing a steady funding base, averaging $738,207 over the period: Annual Entitlement Allocations for the City of Federal Way 2006-2010 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 $733,274 $740,582 $714,719 $723,071 $779,391 OtherResources Program Income - An additional source of program funds is possible from income generated from loans or deferred loans made with CDBG funds which are repaid. Estimated 2010 program income was $37,000. Both City and County staff indicate it is likely to drop somewhat in 2011. It is probable (as a result of recent negotiations between other consortium cities and the County) that future program income generated from past activities in Federal Way would revert to the City. This is an area that is subject to negotiation with the County. The current HUD regulations allow the funds to be formally shifted to a newly qualified Entitlement but they also do not require them to do so and the current Interlocal agreement does not include any post-agreement termination provisions. While program income is a relatively small part of the current program, it still represents 5� of total resources. Regardless of the status of current loans made to Federal Way homeowners, if the City is concerned about increasing funds available for administration, it can over time, augment its budget by implementing activities which generate program income such as housing rehabilitation or economic development loans. Recaptured Funds — In discussions with King County CDBG staff, it appears that any project activities that would be open at the time the City would elect for direct Entitlement status would continue to be administered by the County until the project is completed. However, if funds that have been programmed to activities eventually do not ultimately proceed, the County would likely re-convey them to the City. Should this event occur, it is a subject to negotiation between the two entities. Local Funds to Supplement CDBG Funds - City staff not paid with CDBG resources — In discussions with other CDBG Entitlements, it is apparent that many cities are supporting program activities through staff hours that are not charged to the program. It should be noted that in those same discussions, it was apparent that CDBG-assigned staff do not spend 100% of their time strictly on CDBG activities and, in fact, CDBG staff were considered an overall asset to the City as a result of their contributions to other City activities and representations. Potential Entit/ementAllocation Intreases—There is a potential for increased allocations of CDBG formula funds. It is estimated that potential annexations of areas in the Growth Management Area containing approximately 20,000 persons could occur at some point. This could mean as much as $150,000 additional annual allocations. However, it appears from conversations with City staff that annexations are very unlikely in the next 3 years, so it would have no or little impact during the up- coming JIA period. On-going Costs There are several major, on-going responsibilities of administering the program, each requiring staff time and/or expense that the City would have full responsibility for in a direct Entitlement status (for many of these, the City currently has full or partial responsibility under "pass-through" provisions of the current County Consortium Contract): Developing the Annual Action Plan — The Annual Action Plan requires citizen participation, at least 2 hearings, review and selection of projects, preparation of a written plan, publishing notices in newspaper (at least 3 legal notices annually). Program Management — Overall management of the program assures compliance with the HUD requirements and public trust. Program Documentation/Record-keeping Systems — Within these requirements, the eligibiliry of program beneficiaries and eligibility of activities are among the most important. Annual Program Progress Reporting — An annual report (CAPERS) to HUD and the public is required annually. The City currently provides some of the information for the County report while the County provides the rest. Contracting and Contract Management — Contracts with Sub-recipients and private contractors will need to be developed and managed. County models or other Entitlement City models could be used. Fiscal Management — • LOCs system management • Payment of funds to sub-recipients and contractors � Audits and the costs of a periodic audit Sub-recipient Reporting — IDIS is one of the most difficult requirements to manage. Training of staff would be required to meet these data keeping requirements. Sub-recipient Training and Technical /lssistance — To assure compliance with the requirements so that the City itself remains in compliance with HUD requirements, training and technical assistance of sub- recipients is necessary periodically. Sub-recipient Monitoring — If the City has sub-contracts, periodic monitoring of the sub-recipient's performance and compliance is required. Federal Davis-Bacon Wage Rate Monitoring — If public works construction contracts are entered into, the City is responsible for monitoring federal and state wage rates. Environmental Reviews and Clearances— Depending on the project activity, this may be fairly simple or it may be complex. Loan Servicing for Housing and Economic Development Loans, if applicable - If there is program income from loan or recapture activities, these funds must be accounted for and used for eligible activities. Preparation for, and Responses to, HUD Monitoring — HUD periodically monitors (site audits) Entitlements for compliance, progress and performance. These visits often involve both preparation and significant attention during the monitoring visit. An early visit within a year should be expected and if relatively clean, several years may pass before a subsequent monitoring visit is made. Staff Training — New staff will need training. While HUD provides periodic training, it is often only available at regional or national training sites which will require travel expenses. If asked, the local HUD office will try to accommodate a request for 1-1 training. Estimated Cost of Administering Activities Based on the 2011 Proposed Activities In order to determine the approximate cost of potential planning and administration as a direct grantee with the full program responsibilities of a CDBG Entitlement, we reviewed two sources. First, to determine the probable budget for 2011, we used the July 19 staff report to the Human Services Commission outlining potential project activities for the 2011 Program Year. We then used a survey to obtain comparative data from 6 other CDBG Entitlement communities in the state of Washington with similar entitlement allocations. We later decided to limit the use of information from the City of Bellingham because they receive a much higher level of program income ($237,000 annually). If we assume the 2011 HUD CDBG allocation remains essentially the same as 2010 ($779,000) and there is no program income available, approximately $156,000 would be available for planning and administration of the program (this is a conservative estimate as it now appears that a small amount of program income would become available to the City). As can be seen by the attached "Comparable CDBG Entitlements in the State of Washington (CDBG Funds only)", the average amount of resources available to the five most similar Entitlements is 4 $741,000, approximating Federal Way resources of $779, while the average number of programs managed (8.4) by the others is 23% less than the probable number of Federa) Way projects (il). Program Mix In general, the larger the number of project activities administered, the iarger the administrative budget (including financial staff). But even more important than the number of activities, is the type of projects managed. For instance, staffing of a housing rehabilitation program can be paid from the housing rehabilitation program budget, whereas administration and support for a public works construction projects must come from the administration budget. Construction projects involving public works require a significant amount of monitoring and documentation, including administration of the Davis- Bacon Wage Rate and envi�onmental review and clearance requirements. The five most comparable cities used approximately $113,000 of their resources and consumed 1.47 CDBG-funded FTEs for basic administration costs of the program. The average amount of funds spent by these other Entitlements on administration was 14%, indicating that some Entitlements are using some of the funds for planning activities within the 20� cap on planning and administration funds and some (most notably Bellevue and Kennewick) have chosen to use a significant portion of funds — available within the planning and administration cap - for project activities. And in those two cities, other non- CDBG funds are used to pay for a portion of the planning and administration costs. It should be noted that it was very difficult for Entitlement staff to estimate with accuracy the FTEs committed to the program from non-CDBG sources - so the extent of other funds used to support the program may be underestimated. Estimated Administrative Costs If the City were to choose to administer the CDBG directly in 2012, they would need to budget for additional FTEs. Looking at the comparative data, the kind of projects proposed for Federal Way in 2011 and taking into account the somewhat higher number of activities projected compared to other CDBG Entitlements, the City may want to budget for 1.75-2.25 FTEs to assure that adequate staffing is available. Assuming an average staff cost of $40.00/hour including benefits, 2 FTEs would be approximately $10,000 more than the $156,000 that would is likely to be available from CDBG Program resources. This is approximately double the $81,607 budget in the 2010 administrative budget (which is for a more limited scope of program responsibilities). Other costs for travel, mileage, training, public notices, etc. may add $5,000-$10,000/year. If program income could be generated or a slightly less expensive mix of program activities were programmed, on-going program expenses would be almost cost-neutral for the City. And, once systems have been established after a year or two of administering the full requirements, a slightly lower level of FTE consumption may be sufficient to operate the program. In addition to these on-going costs, there are infrequent, periodic costs outlined in the next section that will likely require City resources. 5 City Finance Office staff indicated that adding any responsibilities to the Office beyond their existing responsibilities for CDBG, would cause a"tipping point" to be reached, resulting in the need for an additional position within the Office. Also of concern to the Office should the City seek Entitlement status at this time were several unknowns. Among those are the program activities mix (including the impact on FTEs) and the need to carefully plan for how the Office would gain the level of expertise and experience necessary for direct grant administration. Start-up Costs/Pre-Agreement costs Should the City determine it is in their best interests to become a direct grantee, there are both obligations to be met and resources to defray the start-up costs of ineeting those obligations. Obligations There are two major documents that must be prepared during the start-up stage or shortly following the start-up of a new Entitlement. 1. Development of a Five Year Consolidated Plan. Every S years, Entitlement cities must prepare a Housing and Community Development Five Year Consolidated Plan. The plan must be developed prior to the first year of an Entitlement program. The plan has value beyond being a pre-requisite for CDBG funding as it can serve as a guide to action in housing, community development and human services. The vast majority of Entitlement communities enter contracts with consultants to conduct a planning process to develop a Consolidated Plan largely because of the concentrated time commitment necessary to prepare the Plan, their staff's lack of experience in preparing the Plan and the typical consultant's familiarity with the requirements and facilitating the planning process. In almost all cases of communities gaining Entitlement status for the first time, consultants are contracted to complete the plan. Once the pattern of a plan has been developed and a base of information is available, it is easier for the community to prepare future plans. (It is recognized that a"Federal Way 2006-2010 Consolidated Plan" was developed 4 years ago. While some of the needs/market analysis data could be used, most of the information would need to be updated and the strategies would need to be redeveloped. In addition, there have been some changes to the requirements since then- most notably the performance measurement requirements.) A factor in determining whether to do this in-house is that some of the changes in HUD's suggested format have made the plan somewhat easier to prepare. However, it remains a time-consuming task. The cost for consultant services to prepare a 2012-16 Consolidated Plan and an Annual Action Plan is estimated in the $25,000-$40,000 range. City staff could potentially prepare the Annual Action Plan reducing the overall cost. 2. Assessment of the Impediments to Fair Housing (AI). Most the Entitlement communities do not prepare the initial AI in-house. Roughly one-half prepare the updates every 4-5 years with staff. There are some technical areas in preparing the AI but HUD generally does not make a close quality check of the contents. In fact it is not required to be submitted to HUD for approval; and Entitlements are only required to "prepare" an AI, including a description of actions to be taken to implement recommendations to overcome identified impediments. The AI does not have to be completed in the first or second year - although it is more efficient and cost effective to prepare it during or shortly after the Consolidated Plan is prepared as some of the data and interviews are complementary. If it is contracted to a consultant, the costs range from $4,000-$9,000. 3. Other costs: Also to be developed is an Anti-Displacement and Relocation Plan — this is a simple document that HUD has developed a Guide form to fill out so the costs are minimal. In addition, a Citizen Participation Plan specific to the Con Plan must be developed if the City does not already have one. This not a major task; and this Plan can be created in 3-4 hours. Probably the most time-consuming effort in start-up will be setting up the filing/record-keeping system and the HUD financial reporting and IDIS reporting system. There may be some initial phase-in costs to cover the need for specialized attention for such things as IDIS set up, fiscal record-keeping, program development, etc. that could add to the first or second year costs. These might be obtained through administrative contracts or extra part-time FTEs. These activities may either be covered within the personnel making up the 2.0 FTEs (depending on their particular skills and expertise) or may add up to $10,000 in start-up costs. Resources The City can use their Entitlement funds beginning two years before their first program year as a direct grantee if they request authority to incur pre-agreement costs of the Seattle HUD Office. Such costs are limited to 25� of the Entitlement (or approximately $195,000). Most of the these pre-agreement costs are related to planning and staffing to begin setting up files (which will be a lesser task in the Federal Way case as they have been keeping records on beneficiaries and financial records). It should be remembered that planning and administrative costs are capped at 20� of the annual Entitlement, so these pre-agreement costs will count against that cap for up to two years' of Entitlement allocations. Financial Summary The national CDBG Program is a very stable program; and the Ciry could expect a stable amount of both program and administrative funds for the CDBG Program for many years. If the City elects to administer a direct Entitlement program in 2012, it is suggested 1.75-2.25 FTEs be budgeted. This assumes a program mix that is similar to the draft 2011 activities listed in the July staff report. The $156,000 available for CDBG planning and administration expenses is almost sufficient to provide for on-going staffing at this level. It is estimated that the shortfall to cover other administrative support costs would be $5,000-$10,000. In addition, start up expenses may add $5,000-$10,000 in the first year depending on several factors. If the City undertakes activities which generate future program income, the annual, on-going gap could be reduced significantly over time. The Program mix or types of program could make a major impact by reducing or increasing FTE consumption to come within the available funds. If the Consolidated Plan and the Assessment of Impediments to Fair Housing (AI) are prepared through contracts for services, there will be costs every five years that are likely to be in excess of available funds. These two planning activities will need to take place in the first two years. If the City chooses to seek consultant assistance to prepare them, approximately $45,000 should be budgeted in the first two years. The combination of conducting these planning activities, meeting the suggested staffing levels and paying for other administrative expenses will not fit within the first year budget. There are two steps the City can take to mitigate this: First, the AI can be deferred to a future year (but would need to be in place within three years at the latest). Second, HUD regulations allow the City to request authorization to incur costs prior to the grant award up to 25% of the grant in order to pay for the cost of preparing for the grant; and after award of the initial grant these funds can be paid out of CDBG grants over the next two years. Finally, two issues should be addressed ear�y in the decision process: 1) program mix is a critical factor in determining staffing needs, including fiscal, and should be determined early in any decision to assume Entitlement status; and 2) a strategy for obtaining the expertise needed to successfully administer the program. 8 Other Major Considerations There are a number of non-financial considerations and issues that need to be considered. Below is an issue by issue discussion. Flexibility/Control Over Project Activity Choice Membership in the Consortium results in a number of program/project restrictions emanating from the necessity to have common programs and procedures for efficiency in the King County Consortium. The County has layered requirements on top of HUD eligibility requirements restrirting project type and number per year (such as limitations to 2 stand-along capital projects and 4 stand-alone public services projects). On the other hand, if the City were to administer the program, there would financial limitations on the number and types of programs/projects they could effectively administer because of administrative cost inefficiencies and the necessity of becoming experts on a broader range of program requirements than currently. The County currently provides a management service taking advantage of a larger workload among Consortium members to which they can spread costs. Another factor is the ability and speed of the City to modify or change its programs/projects in mid-year. The County discourages multiple amendments because of process and costs, whereas the City could make that choice whether to pursue a formal amendment complete with hearings and public notices. The City's ability to respond quickly to a needed change is stronger under a direct Entitlement status than it is currentty. Additionally, the County prohibits amendments from July through October whereas if the City were the direct recipient, amendments could be submitted to HUD almost year-round. This has resulted in a more limited ability to undertake activities that may be a higher local priority or respond quickly to a local need. There are three crucial questions related to the issue of flexibility to choose program activities: 1) Are the activities currently being funded under the County Consortium reflective of the City's priorities? City Community Development staff could not recall any cases in recent years where the City was prevented from following one of its priorities due to a County policy or procedure. However, City Community Development staff indicated that, although they have had few proposals for infrastructure projects, these were the project type they might pursue more if they were a direct grantee. In addition, they expressed that the combination of the slow process of working through the County on changes/amendments, along with the Consortium's program mix restrictions, theoretically limits what they could do. If Federal Way were a direct grantee and wanted to respond to a local priority, these issues would not be present. 9 2) A related question is: If the City were a direct grantee, would it have the capacity to carry out the full range of activities? In other words, would there be practical issues that would prevent the City from carrying out activities even if they had that opportunity as a direct grantee? It was recognized that as a direct grantee the City may still not be able to carry out all types and numbers of activities because of administrative or technical capacity issues. For example, would the City have the capacity to administer the Davis Bacon Labor Standards on two capital projects in a given year? 3) Are there activities not currently being funded that would be carried out if the City were a direct grantee? In recent years, the City has undertaken few economic development activities and only a few public works projects have been proposed. There appears to be needs in community for these types of projects but they have not been generated to date. If the restrictions placed on the Consortium members are resulting in the City's inability to meet its own priorities or desired activities, and the City would likely carry out different activities if it had direct Entitlement status, there would be a strong case for becoming a direct grantee. Administrative Layering In order to provide services to Consortium members, some administrative layering of requirements and processes is inevitable. Most of the requirements affecting the program are pass-through requirements of the Federal Program. On the other hand, the County must add a layer of County-level requirements and procedures necessary whenever it contracts with other parties. These do not appear to be major deterrents to effective program management but do add somewhat to the administrative burden and timing of actions. However, one area of concern is over the contracting process, especially related to Program Year start ups. HUD is chronically late in contracting with Entitlements for funds because the annual Congressional appropriations process often drifts into early spring. As a consequence, even though the King County CDBG Program Year begins on January 1 each year, the contract (and eventually access for funds through the LOCCS/King County fiscal system) does not take place until early spring. Jurisdictions wishing to continue on-going projects or start new projects on a timely basis, must up-front local funds which are later reimbursed by HUD. While it is unlikely (because the City's fiscal year is also January— December) the City would want to change the program year to a later date to avoid this hardship if they were a direct recipient, the City would have the flexibility to so. Irrespective of these potential changes, the process of obtaining funds as a direct recipient would be expedited by a matter of weeks if the annual contracting process with HUD was directly between the City and HUD. 10 Federal Program Responsibilities Under CDBG Program rules, the direct recipient of funds is required to comply with al) program laws, rules and regulations. The Joint Interlocal Agreement (JIA) recognizes these as a County responsibility but also passes to the City compliance with ".... All relevant requirements of federal laws and regulations that apply to King County as the applicant......" (under Section VII. H of the Agreement). The JIA requires that the City assign a staff member as liaison to the Consortium to provide information and attend meetings with the County and Consortium members. There is a City cost in time and energy in attending these meetings and providing this information. On the other hand, most of the information would need to be managed by the City if it were a direct Entitlement. For instance, the CAPERs (Annual Performance Report) contains information that the City supplies (and the County provides for programs such as the Home Repair Program it administers for the City and other members). The County also is responsible for preparing the CAPERs document for submission to HUD. There are several major program responsibilities that the County provides (or partially provides under the JIA): 1. Preparation of Annual Plan and Consolidated Plans & amendments 2. Setting up projects in the HUD information management system (IDIS) 3. Administration of and reporting on the Housing Stabilization and Housing Repair Programs 4. Request and disbursement of Federal funds (LOCCS) 5. Liaison with and responses to HUD There are several major areas that are joint responsibilities (in each of these there is actual or potential County/City duplication of effort): 1. Environmental Review and Clearance responsibilities (City may need to provide information on the project) 2. Davis Bacon Labor Standards (City will need to attend pre-construction meetings facilitated by County staff) 3. Monitoring Program Activities In these and other responsibilities, there are necessarily some areas of inefficiency built into the system by the division of responsibilities of the City and the Consortium: � Joint participation in Davis Bacon Labor Standards meetings • Reports to the County on project activities � The County monitors the City for compliance and record-keeping • There are required quarterly meetings (although, in part, these are used by the County to update City staff and provide them technical assistance) 11 There is great value for direct CDBG recipients having technical and program expertise —something the County already possesses. It is unlikely that the City, in a direct recipient role, could fully replace the level of expertise (irrespective of City intent and staff capabilities) currently provided by the County staff because the specialization that is inherent in the County Consortium role allows them to maintain a higher level of expertise. If the City were to become a direct grantee, it would be monitored by HUD staff and subject to Audit. This might result in some findings and the need to resolve them. However, it is clearly possible for cities the size of Federal Way to provide enough staffing and expertise to adequately administer the CDBG Program. There are currently 30 communities in the State of Washington with 2010 CDBG allocations and almost half (14) receive smaller allocations than Federal Way. Apart from Shoreline and Renton, who are in the King County Consortium, all receive their CDBG grants as direct recipients from HUD. While probably all have had some findings or concerns reported by HUD at some point in time (that the jurisdiction responded to and corrected}, it has been rare that HUD or HUD Auditors have raised serious management/compliance issues related to those communities. Impact on Enhancing Partnerships & Relationships Regional Relationships There is value to the existing relationship the City enjoys with King County as a Consortium member. This offers networking opportunities and joint project solutions. To a minor extent this would be diminished under a direct HUD grantee relationship. At this point in time there seems to be a high level of interest on the part of several cities to meet, coordinate and cooperate on a range of subjects. Regardless of the Federal Way decision on Entitlement status, the City can take advantage of these opportunities. The City can still be part of the HOME Consortium, ESG Consortium and is part of the County Homeless Continuum. Sub-Regional Relationships On the other hand, there has been a growing South King County regional presence. This could be enhanced through cooperative efforts involving the CDBG Programs of Federal Way, Kent, Renton, and Auburn through the implementation of common programs in housing or capital facilities. Shared and coordinated planning efforts are currently possible. It does not appear that that direct Entitlement status would necessarily hurt existing partnerships with the possible exception of the Federal Way-King County government relationship. There are few, strong non-profit agencies operating in Federal Way — a concern voiced by City staff whether the CDBG program is operated under the Consortium or as a direct recipient. There are several non-profit housing developers operating in the area that could serve Federal Way, including Common Ground, Fusion, LIHI, the Archdiocese Housing Authority and Mercy Housing. 12 King County Relationships The County sees the CDBG Consortium as a viable means of cooperative efforts in housing and community development in the area. They see the Quarterly meetings as an avenue for networking, information exchange and technical assistance with Consortium members that benefit the individual cities as well as regional efforts. Continuing participation in the HOME Consortium and ESG allocations keep these doors open. If Federal Way were to leave the Consortium, the County has indicated they would need to reduce FTEs and potentially reduce service/increase fees charged to other city members. The Entitlement decision should not impact on the City's participation in the King County HOME Consortium, but the City will have to make that separate decision to continue. The City also has potential access to the Emergency Shelter Grant through the County and the HIV/AIDS HOPWA through the Puget Sound Consortium. The CDBG decision should not directly impact any aspect of these programs. Other Local Government Relationships The CDBG decision should not impact the cities relationship with other cities in the county. Washington State Government Relationships There would be no apparent impact on State relationships. HUD Relationships HUD has no formal position on whether a community takes on direct Entitlement status. HUD expects communities to make their own choices and supports those decisions. In the past 3 years, jurisdictions with newly qualifying Entitlement status have become direct recipients in several small cities in the State, including Mt Vernon, Longview, Anacortes and most recently East Wenatchee, the last two with annual allocations of less than $125,000. If several Consortium jurisdictions became direct Entitlements, there would be some limitations on HUD time staff allocated to the new communities as increasing their staffing (if justified) is typically a drawn out process. 13 Summary There are some sound reasons for Federal Way to remain in the CDBG Consortium as well as reasons why they might consider leaving the Consortium and opportunities that may open if they made that choice. Three primary areas of consideration in the decision stand out: financial feasibility and cost; ease of administration; and program control/flexibility of choice. Financially, there is a safety factor in remaining in the Consortium. For the most part, the costs are known and the sources are non-city (there is some potential for increases in administrative fees the County may charge however). If the City were to opt for direct grantee status, there would be initial start-up costs (largely planning) that are unlikely to be able to be covered within the 20% administrative and ptanning cap. There may also be a modest amount ($5,000-$10,000) of annual supplement needed to cover all administrative costs. This assumes the type and number of programs which would be administered remains about the same currently. A change in program mix would likely result in either reduced or increased costs as this is a major determinant. Administratively, there is no compelling need to opt out of the Consortium for reasons of inability to work with County staff or within the Consortium — according to City CDBG staff the working relationships between the two entities is generally adequate. The City can obtain the capacity to effectively administer the program. On the other hand, they would p�obably struggle somewhat with technical capacity, particularly during the first 2 years -just as other new direct grantees have struggled. Additional staff would need to be hired or assigned. A positive outcome of the direct grantee option would be that local administration of the program would expedite decision-making, contracting and fund disbursement. Programmatically, the City would potentially have more control over what the CDBG funds are used for than they currently have under the Consortium. This is due to program/project choice restrictions imposed by the County Consortium. However, an over-riding central issue is, if the City were to simply continue to operate the same mix of programs as a direct grantee, the value of this increased program flexibility and control would be essentially nil. Since there appear to be few major compelling reasons for change/not changing in Federal Way's case, this may help define the decision. If programmatic choice would remain the same under both systems, there would be few incentives for change. 14 Next Steps If a decision is made to consider pursuing direct Entitlement status, the following steps should be considered before making a formal decision and advising HUD and the County: 1. Before making a final decision, suggest working closely with Kirkland, Shoreline, Renton and Redmond to determine if there are common interests that could affect the negotiations in closing out the Consortium relationships and in particular determining if there is an interest in negotiating any set of administrative services that could to be provided by the County in areas such as Acquisition/Relocation requirements, Davis-Bacon/Labor Standards in shared funding capital projects (or inclusion in the County capital projects consortium subject to HUD rules on use of funds outside of the jurisdiction). 2. Before making a final decision, explore with other South King County Entitlements and other smaller Consortium cities the potential areas of program implementation where cooperation among potential partners could result in administrative savings or efficiencies of scale such as entering into administrative agreements to operate a housing rehabilitation program and Davis- Bacon requirements. 3. Before making a final decision, attempt to determine if other cities are likely to opt out of the Consortium and then discuss with the County if there are likely to monetary implications regarding spreading the administrative costs between fewer members in the Consortium. 4. Use the attached Decision-Filter Tools to further assess the value of potential direct Entitlement status and, in particular, determine the value to the City of changing the current program mix. 15 � • • • � • • � • • Ee�tiR�e�ent 201ti Annua! Totat Numberof P�ojects Admifl FTEs �s F1'fs Comenunity Entitle- Rrogram Resaufces Budget Coord Other !�n- ment lncome $1,OQUs CDBG Funds $1,�Os Capital Housing Pub Serv Otfier Total Bellevue $781 $75 $$56 0 3(80t) 3 1 Ptang 7 $40 1.0 <.1 1.1 BeHfnghatn $917 $237 $1,145 1 5(32+) 10 0 16 $222 2.35 .1 p Kennewkk $619 $40 $659 5 1 3 0 9 $112 1.0 <.2 1.2 Kec�t $849 0 $849 1 2 5 lED 9 $157 1.85 0 7 Lalcewood $692 Q $692 2 3 1 2 ED 8 $138 2.5 0 7 Rsuo $66� � $6�68 3 2 3 1 ED 9 $120 2.0 0 <.� 5�ss Ss9 5�� 2.0 2.� �.� o.a �.� 5��z i.62 .�z a� �ure. � S�i2 ��9 5�� 3.� i.z �.o i.Q s.� S�a�� iA3 .06 w► Federal Way $779 $37 $816 2 2 4 1 ED 9 $163 * * * 2010 ** Federal Way $779 $30 $809 2 3 5 1 ED 11 $162 * * * 2011 draft ** Federal Way $779 0 $779 $156 2012 'GQmparison � curre�t Fecieral way FTEs rwt appropriate hecause Xhe City and 4Cin� County share a;dmtnisLrative and program respa�sibilities. •*ttas ls tl�e amourit af pla�u�ing and admk�sirative funds that wouki have t�een avallat�le i# Federal Way were a direct CD6+G recipient. 16 COUNCIL MEETING DATE: March 15, 2011 ITEM #:�I _ __ __ __. _ _..._.... _.._._. _ _ _ _ _...._. __.. _ __ �ITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RFQ FOR REDEVELOPMENT OF FORMER AMC THEATERS SITE POLICY QUEST'ION Approval of the Request for Qualifications (RFQ) for redevelopment of the former AMC Theaters Site. COMMITTEE: N/A CATEGORY: ❑ Consent � City Council Business STAFF REPORT BY: Patrick _ ............................................................... ........_......._._......_.._.._........ Attachments: Draft RFQ � � Ordinance Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other DEPT: Community & Eco. Dev. Background: On 3/1/11 Council held a special meeting to garner both public and City Council review and comment on the draft "Project Vision and Principles" section of the proposed RFQ. Attached you will find a draft of the entire RFQ for review and approval, with those portions of the "Project Vision and Principles" section that have been modified pursuant to Council comment indicated by underlinin�. If approved as presented, or with minor modifications as directed by City Council, the RFQ may be published and mailed out as soon as 3/21/11, in accardance with the RFQ/RFP timeline approved by Council on 3/1/11. If published on that date, RFQ responses will be accepted through 5/2/11 Options: 1. Approve RFQ as presented; 2. Approve RFQ with modifications as directed by Council MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Committze CONIMITTEE RECOMMENDATION: N�:9 DIItECTOR APPROVAL: Committee Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: `7 move approval of (BFLOW TO BE COMPLETED BY CITY CLERKS OF'H7CE) COUNCIL ACTION: � ❑ APPROVED COl!NCIL BILL # ❑ DENIED 1' reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOV ED TO SECOND READING (ordrnances onl}) ORDIti.ANCE # REVISED - QR;12/2U 10 RESOLUTION # - :�• or Qua1 iticatior �• �i en E DPVPI�nmer _ _- _ .�, - _ _ __ _ _ __ -� '_ ^"" ` r � � �� 4 ; ' w. , - �„ , , - ,. -..... /_ �I, / .. �t �,E.�S. �.i '.� " \ � r .._ ' � �t� ��,'; =. � J�� . ,� ... �–� �ta . . ..=' R' ' i �-F' ti ', i.. T 1 \ 1��"6.rs� � } -n LJ ` �'. 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RFQ: Federal Way City Center Mixed-Use Development Invitation .....................................................................................................................2 TheOpportunity ..........................................................................................................5 Project Vision and Principles .....................................................................................7 SelectionProcess .....................................................................................................10 Submittal Requirements ...........................................................................................11 Schedu le ....... ........................................................... ........................ .................... . . . .14 Appendices. . . . . . . . . . .. . . . . ... . . . . . . . . .. . .. . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . .. . . . . .. .. . .. . . . . . . . . .. . . . . .. . . . . .. . . . . . .16-21 • Map of Federal Way City Center .........................................................16 • Map of Site ....................................................................................17 • Preview of RFP Requirements ...........................................................19 • Criteria for Public-Private Partnerships ................................................20 • Legal Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 City Center Mixed-Use Development page 1 Table of Contents RFQ: Federal Way City Center Mixed-Use Development Invitation The City of Federal Way, Washington (the City), is pleased to announce the offering for mixed- use redevelopment of a key site located in its City Center. Specifically, the City is seeking statements of qualifications from experienced developers (and development teams) willing to entertain a public-private partnership in accordance with the principles and procedures outlined here. [The development project is herein referred to as the Project, and the property that will be developed is herein referred to as the Site.] This Request for Qualifications (RFQ) process is intended to provide an opportunity for interested developers to demonstrate their interest and capability to acquire (from the City) and develop a major mixed-use project in City Center. The City of Federal Way is an equal opportunity employer and encourages participation of small, minority-, and women-owned businesses. Joint ventures are also encouraged where feasible. The City is asking prospective development teams to submit sufficient information regarding their development expertise, as well as a preliminary redevelopment concept, in order to enable the City to select a short list of finalists who will be invited to respond to a more detailed Request for Proposals (RFP). RFQ responses are due by 3:00 pm, on May 2, 2011. We look forward to your submittal. City Center Mixed-Use Development page 2 RFQ: Federal Way City Center Mixed-Use Development Team The City seeks qualifications from comprehensive development teams who can acquire the Site and carry the Project through to occupancy. Therefore, development teams should include any discipline that would be appropriate. Team members may include: ■ Development entity (lead team member); ■ Architects; ■ Civil engineers; ■ General contractor; ■ Marketing/sales support; ■ Financial parMer; and ■ Any other partners deemed appropriate. Partnership The City seeks to identify a development firm or development team who is willing and able to enter a public-private partnership to fulfill the vision far the Project. Thus, the City seeks developers who: ■ Understand the significance of the Site in advancing the City's Comprehensive Plan vision for City Center which can be summarized as follows: ■ Creates an identifiable downtown that is the social economic focus of the City ■ Strengthens the City as a whole ... growing employment and housing ■ Promotes housing opportunities close to employment ■ Supports area transit investments ■ Reduced dependency on automobiles ■ Consumes less land with urban development ■ Maximizes benefit of public investment ■ Provide central gathering places(s) ■ Improves quality of urban design In addition, successful developers should have: ■ Experience in developing, financing, marketing and selling, and/ or managing projects of sunilar size, scope and nature; ■ Demonstrated ability to develop projects which are an asset and a"correct fit" with the community; ■ Experience in project management and compliance with budgets and schedules; • Capacity, experience, and willingness to enter into a public-private partnership; and ■ Sufficient financing capacity to complete the Project. City Center Mixed-Use Development page 3 RFQ: Federal Way City Center Mixed-Use Development About Federal Way City Center Federal Way City Center is in the midst of a transformation from a traditional suburban form to a vibrant urban center. Bound by So. 312� Street on the north, Interstate 5 on the east, So. 324� Street on the south, and the Pacific Highway corridor on the w�st -- and comprising 414 acres -- the area features 2.7 million square feet of existing retail space (much of it large format), more than 650 hotel rooms, 225,000 square feet of office and 890 multifamily residential units. The community hosts world-class cultural institutions, engaging open spaces, and close proximity to regional educational and health care institutions. While City Center has seen continuing investment in retail and commercial projects, it has not seen the same influx of new urban mixed-use developments containing a denser mix of commercial uses and urban housing as other urbanizing suburban communities in the Pacific Northwest. Urban housing, lifestyle-oriented retail/service development and mixed-use development are a core component of every successful downtown as they add vitality to the streets, diversity to the skyline, and buying power to the economy. Even more importantly, however, is that such uses would satisfy a well documented demand for urban, lifestyle-oriented living that is currendy lacking in the Federal Way market. Far these reasons, the Project represents a unique opportunity to capture part of the Seattle- Tacoma region's burgeoning market for urban housing and commercial uses in a mixed-use, lifestyle- oriented format. The most recent market analysis far the greater Federal Way City Center trade area suggested the following: • Population and household growth consistent with the metro area as a whole at; Median household estimates in a five-mile radius of City Center were also found to be City Center (showrng the 5tte hignligntea in reaJ higher than the same area around its two major retail competitors - Tacoma Mall and Southcenter Mall; Based on supply and demand conditions across all major land uses, market conditions support new construction, greater diversification of development types and the potential for a vital urban center. The City has a number of tools available to assist landowners, developers and investors undertaking this and other development and redevelopment projects in the City Center. These are described later in this Request. City Center Mixed-Use Development page 4 RFQ: Federal Way City Center Mixed-Use Development The Property Location Opportunity The Site is located adjacent to the City's Transit Center, featuring a 1200-space parking garage, bus platform for Sound Transit, METRO and Pierce Transit buses, and direct access via HOV lanes to I-5 via S 317� St. This Transit Center serves as the transit hub for the greater Federal Way area and is slated to be a future light-rail hub. Within walking distance are the Commons at Federal Way Mall, Steel Lake Park, Celebration Park and a full range of retail goods and services, including supermarkets. Site Condition Access Site Area City Center Mixed-Use Development Site ("The Site') The Site is located in the City Center of Federal Way, Washington at the southeast corner of S 316� St and 20� Av S; approxunately 10 miles from SeaTac International Airport; and between downtown Seattle, located approximately 23 miles to the north, and downtown Tacoma, located approxunately 12 miles to the south. The Site is within the northern half of City Center, the community's central business district, in an established retail area with numerous restaurants, retail stores, lodging establishments, cinemas, and service businesses. The site is vacant. The majority of the Site is occupied by a paved, surface parking lot. Via lnterstate 5, S 320�` St and north on 20� Avenue South. HOV access to/from I-5 available via S 317� Street. 180,469 square feet (approx. 4.1 acres). King County Assessor's Parcel Number: 0921049021 Scenic Attributes Views from the City of the Olympic Mountain Range and Puget Sound at 6+ stories are available, with unprecedented views of Mt. Rainier from ground level. Parking On-Site parking will need to be accommodated in the development program, chiefly in the form of structured parking (above and/ or below ground). Zoning and Allowed Land Use Currendy zoned as City Center Core which allows for a full mix of uses in low-, mid- and/ or high-rise structures. Height limit: as-of-right maximum height limit: 200 feet. City Center Mixed-Use Development page 5 RFQ: Federal Way City Center Mixed-Use Development Traffic Volumes Through a discretionary process, including design review and impact analysis: flexible maximum height limit. Interstate 5(over 175,000 ADT), Pacific Highway (approximately 28,000 ADT), and So. 320� Street (between 35,000 and 70,000 ADT). Infrastructure City sewer and water, natural gas, electric and telephone are all available to the Site. Fiberoptic cable and Wi-Fi are available in the City Center. Intended Land Use Mix of uses which demonstrate the highest and best use of the Site; incorporating mid- and high-rise structures with low-rise components, including residential (both rental and ownership), office, retail, service, entertainment and institutional uses, supported by public open spaces. Additional Opportunities In addition to the subject site, several nearby parcels are aLso potentially available for redevelopment and/or partnership: 1. Transit Center West. Immediately to the east across 20th Avenue S from the subject site is a 20,669-square-foot vacant parcel owned by the City of Federal Way and available for transit-oriented development. King County Assessor's Parcel Number: 0921049057. 2. Civic Center Site. Immediately to the north across S 316� Street from the subject site is a 172,040 site recently purchased by the City of Federal Way and identified as the future location of a Civic Center to feature a planned Performing Arts/ Conference Center. The site is of sufficient size to allow for private codevelopment (hotel, retail, restaurant, housing, etc.). King County Assessor's Parcel Number: 0921049166. 3. Former Target Store Site. Immediately to the east of the "Civic Center Site" is a 326,050-square-foot site containing a vacant former Target Store. This site is owned by Park Target Investments, LLC. Principal is Mr. Bryan Park who has indicated an interest in redevelopment alone and/or especially in association with the proposed Civic Center development on the adjacent parcel. King County Assessor's Parcel Number: 092104-9017 � City Center Mixed-Use Development page 6 RFQ: Federal Way City Center Mixed-Use Development Project Vision and Principles The City is seeking to select a development team who shares the enthusiasm and vision for a vibrant downtown Federal Way as a place to live, work, shop, and play. The Project envisions a dense mix of uses, featuring urban housing, commercial uses and significant open spaces. A central approach for the renaissance of City Center consists of encouraging strategic investment in a compact environment that contains an appropriate mix of land uses, gives greater emphasis to multiple forms of access, and creates a unique sense of place. VISIOCI The Federal Way City Center will be highly urbanized, mixed-use urban center with a concentration of housing units, commercial uses, jobs and public spaces supporting public transportation, pedestrian activity and a unique sense of place. Predominant land uses will be residential, commercial and civic uses. The Project should serve as a catalyst within this urban center, designed to bring an active and vital mix of uses to the area in a pedestrian-friendly, transit-supportive format. Different land uses will be found side by side or within the same structures. The mix of uses will be located in a development with minimal setbacks, reduced parking requirements, and taller structures, all in an effort to achieve higher densities necessar ty o support the unique °sense of lap ce• It will serve as a catalyst for public and private investment and economic activity, effectively building off the strengths of the surrounding area and connecting to the adjacent neighborhoods. Desired Components of the Vision The desired components of this catalyst Project include the following: ■ Highest and best use of the site ■ Mid- to high-rise buildings as well as low-rise components, achieving the sense of an "organic° village of structures, not a single "project." ■ Mix of uses -- residential (both lease / own), office, retail, service, entertainment, or institutional, etc. ■ A significant public open space in a"town square" farmat that is seamlessly integrated with surrounding development for activation, programming, passive vigilance, etc., and includinQ both re� enscape and hardscape components, as well as art work and/or artistic expression. ■ Superior urban design, site planning and building design � City Center Mixed-Use Development page 7 RFQ: Federai Way City Center Mixed-Use Development ■ Adherence to the Development Goals and Principles enunciated below. Development Goals and Principles As a development catalyst in a significant location in the Federal Way City Center, the Project should embody the best of Smart Growth principles and should be an urban design showcase. The final development plan to be prepared by the selected developer should incorporate these goals and principles as a fundamental part of the plan: Goals: ■ Address underserved market niche ■ Support stabilization and diversification ■ Provide direction for targeting and leveraging public investment ■ Advance a market-tested stakeholder vision over the near- and long-term (as expressed herein) ■ Advance a physically and economically sustainable plan Principles: ■ Smart Growth Principles, as defined by the American Planning Association (APA),1998, including: ■ Efficient use of land resources; ■ Full use of urban services; ■ Mix of uses; ■ Transportation options; and ■ Detailed, human-scale design. ■ "Green" or Leadership in Energy and Environmental Design (LEED) development principles to the extent feasible (LEED rating not required) ■ Provide maxunum o�portunities for viable mixed-use commercial development. • Contribute to the creation of a unique sense o�lace in the Federal Way City Center. ■ Provide a variety of urban housing opportunities. ■ Provide interesting and active fa�ades at the street level. ■ Respect and interact with surrounding property values and land uses. Incentives The City recognizes the physical and financial challenges that can accompany infill redevelopment, especially when compared with development of vacant "greenfield" sites. Consequently, the City intends to consider measures that may help to level the investment and regulatory playing fields. The City further recognizes that no single measure will address this objeciive, but rather that a series of ineasures, designed to capitalize on market opportunities and overcome barriers, may be appropriate. The City has identified the following potential partnership incentives and is willing to discuss their possible application to an appropriate redevelopment project: City Center Mixed-Use Development page 8 RFQ: Federal Way City Center Mixed-Use Development ■ Public funds may be made available to help finance public components, such as public open space, infrastructure, and public parking. The Cit�s Local Infrastructure Financing Tool (LIF'T) award by the State may be available to provide contributory funding for these purposes. ■ Up to 12-year limited property tax exemption may be available for residential development and certain mixed-use development components; ■ City Center environmental impact statement and resulting Planned Action Ordinance that substantially lessens the SEPA environmental review burden for individual developers within the City Center Planned Action Area (that includes the Site). ■ City Center zoning that allows for higher-density uses and from low-rise to high-rise construction; ■ Building Code provisions that allow 5-story wood-frame-over-concrete construction; ■ Provision of a lead staff contact for the Project to facilitate and expedite permit approvals among various City departments, consistent with the development goals identified in the RFQ; ■ Citizen outreach and assistance with public meetings; ■ Other incentives as negotiated. Incentives potentially available from the City are not intended to replace other project financing from private sources. Rather, they are intended to be flexible resources that can potentially bridge funding gaps which may be created by the sometimes more difficult nature of such preprogrammed, infill developments. Once City-identified criteria are satisfactorily addressed, staff will work with the developer or development team to further analyze specific details about the project's financial pro forma and other factors, as warranted. Any potential financial assistance to the project will be determined based upon the nature and extent of the "gap' between the total project costs, the amount of public components, and the amount of private investment available to cover those costs, assuming a market-average rate of return on the private investment. Based upon this information, City staff will then recommend the extent of the City's potential financial participation in the project. Moreover, the level of any potential City financial participation will be dependent, in part, on the fiscal impact of the project to the community and expected private investment leverage resulting from its participation. The ultimate goal will be to make the project economically self-supporting as quickly as possible. � ."�-`"�.�^".�' '�' Permitting Process Please feel free to contact Federal Way's Community and Economic Development Department via phone, in person or through their website for detailed information about development regulations and the permitting process. The Community and Economic Development Department website may be found at http:/ /www.cityoffederalway.com/ Page.aspx?page= 308. � City Center Mixed-Use Development page 9 RFQ: Federal Way City Center Mixed-Use Development Selection Process Process An evaluation committee of stakeholders from the community and City staff will review the developer submittaLs. Additionally, the City's Community and Economic Development Director will contact references and brief committee members on those findings. Also, if needed, the committee will ask for and review supplemental written responses. The evaluation committee will evaluate each RFQ respondent's strength vis-�-vis the evaluation criteria and will determine a composite ranking of the respondents. Based upon the composite rankings, the Federal Way City Council will select approximately three (3) of the RFQ respondents to be invited to respond to a more detailed Request for Proposal. Evaluation Criteria Submittals will be evaluated based on the following criteria, listed here in order of importance: 1. Qualifications of Firm and Relevant Experience/ Projects: The City seeks a development team with demonstrated experience in mid- to large-scale commercial, residential and/or mixed- use projects, as well as with the financial capacity to develop such projects. 2. Relevant Public/Private Partnership Experience: Since the Project may include a public- private partnership, any relevant prior experience in similar partnerships should be noted. 3. Development concept. Each development team should present an illustrative development concept for the Site. If selected to respond to the RFP, the development team will have latitude to develop said concept broadly in preparation of a schematic proposal that is financially viable. 4. References: The City will contact references to evaluate past performance and working relationships. Development teams are cautioned not to undertake any activities or actions to promote ar advertise their submittal, other than discussions with the City staff as described in this RFQ. After the release of this RFQ, developers and their representatives are not permitted to make any direct or indirect contact with members of the Evaluation Committee, Federal Way City Council, other Federal Way boards or commissions, or media on the subject of this RFQ, except in the course of City evaluation committee-sponsored presentations. Violation of these rules is grounds for disqualification of the development proposal and team. City Center Mixed-Use Development page 10 RFQ: Federal Way City Center Mixed-Use Development City Discretion and Authority (Terms and Conditions) a. The City may accept such responses as it deems to be in the public interest and furtherance of the purposes of the City of Federal Way Comprehensive Plan, or it may proceed with additional selection processes. b. The City reserves the right to reject any and all RFQ respondents at any time, to waive minor irregularities and to terminate any negotiations implied in this RFQ or initiated subsequent to it. c. The City reserves the right to request clarification of information submitted, and to request additional information from any respondent. d. The City reserves the right to revise this RFQ and the RFQ evaluation process. Such revisions will be announced in writing to all RFQ respondents. e. City reserves the right to award a right to submit a RFP response to the next most qualified development team if a development team selected from the RFQ process does not submit an RFP response within the deadline stated by the City for RFP submittals. f. The issuance of the RFQ and the receipt and evaluation of submissions do not obligate the City to select a developer and/or enter into or complete the RFP process. g. The City will not be responsible for costs incurred in responding to this RFQ. h. The City may cancel this process or the subsequent RFP process at any time prior to the selection of any respondent without liability. i. RFP's or contracts resulting from acceptance of a SOQ by the City shall be in a form supplied or approved by the City, and shall reflect the specifications in this RFQ. The City reserves the right to reject any proposed agreement or contract that does not conform to the specifications contained in this RFQ, and which is not approved by the City Attorney's office. Submittal Requirements Submittal Document The following information, to be delivered in a sealed packet marked "City Center RFQ;' must be included in the submittal response: 1. A letter of introduction signed by the principal(s) of respondent firm(s). 2. Statement of understanding and project concept: Discuss the significance of the Site and � City Center Mixed-Use Development page 11 RFQ: Federal Way City Center Mixed-Use Development Project, the team's willingness to negotiate a potential private-public partnership with the City; respondent's view of the responsibility of the potential public-private partnership; and, an understanding of the role of a major commercial or mixed-use project for a healthy downtown. In addition, the respondent shall provide and illustrate a project concept(s) In no way is this presentation of project concept binding on eventual proposal submittaLs. It is intended to demonstrate the respondent's initial concepts and/or programmatic response to the Site's development oppartunities and the City's redevelopment vision. 3. Team information: • Name, addresses, and phone numbers of firm(s) responding (include contact information for each team member if the acquisition and development team includes other firms); • Division of tasks among team members; location of principal offices of the developer and each member firm of the consultant team; • Description of form of organization (carporation, partnership, etc.); • Statement of years the firm has been in business under current name and a list of other names under which the firm has operated. 4. Resumes of firm(s) principals and officers and consultant principals to be involved. 5. Description of relevant experience of the development team. Descriptions or resumes should address individual experience and qualifications. Project Examples: List and briefly describe relevant, successfully completed, commercial, residential or mixed-use projects that demonstrate quality of design, attention to detail, integration into existing community fabric, and public-private partnering, if applicable. Projects must have been completed within the last five (5) years. Project examples may be from individual experience of the team principaLs or from firm projects. At a minimum, include examples of projects from the development and design teams. 7. References: For each firm, submit a minimum of three (3) references from public agencies, private companies, or individuals with whom respondent has had relevant experience. Include contact names, addresses and telephone numbers. Submissions to this RFQ shall be in the order specified above. Qualifications must be submitted by no later than 3:00 p.m. PDT on May 2, 2011 It is the sole responsibility solely of the respondent to see that its qualifications are received by the date and time stated in this RFQ. Respondents are asked to submit twelve (12) copies. No oral submittals will be considered. Materials in response to the RFQ may not be submitted via facsimile or e- mail. MateriaLs must be received by the date and time specified in this RFQ. � City Center Mixed-Use Development page 12 RFQ: Federal Way City Center Mixed-Use Development Submit all materiaLs to: Name: Patrick Doherty Title: Community and Economic Development Director Agency: City of Federal Way, Washington Address: 33325 8� Av South, Federal Way, WA 98003 Contact Inquiries regarding all aspects of this RFQ should be directed to: Patrick Doherty, Community and Economic Development Director City of Federal Way, Washington 33325 8� Av South Federal Way, Washington 98003 Phone: 253.835.2612 Fax: 253.835.2409 Email: �atrick.dohertyQcityoffederalway.com Pre-Submittal Meeting A pre-submittal meeting may be called by the City, depending on the numbers of inquiries and/or requests for information prior to the RFQ submittal deadline. If called, all pariies known to have inquired about the RFQ will be invited, and a notice will be placed on the Cit}�s website. Questions Questions regarding the Project or this RFQ process must be directed in writing (e-mail, fax, or mail) to the above con tact. The City will respond to all questions in writing. All substantive questions and corresponding answers will be posted on the City's website at cityoffederalway.com/bids at the "City Center Redevelopment RFQ" link. The deadline for submitting questions to the City shall be April 18, 2011 at 5:00 p.m., PDT. � City Center Mixed-Use Development page 13 RFQ: Federal Way City Center Mixed-Use Development Schedule The selection process to be carried out as part of this Request for Qualifications (RFQ), includes the following steps: Publication in Federal Way Mirror, Daily Journal of Commerce and Puget Sound Business Journal, and distribution of RFQ to developers: March 21-25, 2011 Last day to submit questions to the City in writing: RFQ Response Deadline: Review period: Notification to highest-ranked developers: April 78, 2011, 5:00 p.m. PDT May 2, 2011, 3:00 p.m. PDT May 3-17, 2011 May 18, 2011 � City Center Mixed-Use Development page 14 RFQ: Federal Way City Center Mixed-Use Development Appendices The following exhibits are appendices to this RFQ, containing background information describing the Project and relevant documentaiion. They are available as a PDF via the city's website at city offederalway.com/bids at the "City Center Redevelopment RFQ" link. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 IVIap of Federal Way City Center Map of Site Site Aerial Preview of RFP Requirements Criteria for Public-Private Partnerships Formal Legal Noiice/Advertisement Title Report - Available upon request City Center Mixed-Use Development page 15 , •' � . n �G n � 7 N � m � c � N � cD < (D O � � � � � v � � rn � � t � � . �° p � I � ' ' � � A` _ � �s-,won �'� I i o �� Tx��.n � C�� F � Q �� ....._ � l ., ._. —_ __ . � �� i ... `.; I �F1GHilMqyl . ._ LJ 0 Rp�ltrMt � ,� �� i I The Commons at Federal Way r.n�caa � L� � , anwaasr�u ��_� J, .r_�<J�D �$ _-:- a�� sum�sr `I l��l � �- r , �- S � t �y ;` __.� � .�� ' � . 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I Hlllside � w•�°• Pa�Ip � _ ._ � �. :� r�a. � � g� � � ,_ —� a� � z I r� � � p� i j � ❑ - a � � °'� � U �� _ _. .i �: – _ _ ,�� o t, !> � �' � �� _, � � ^4f � � � � S � f � L7 � C. � �} O . � (7 � I_ - i r r O � � .: ��r I - j�� Vaaant ''��. � �,__� �3�7 �p v. � w� ,�, � G ❑ L LI � � � � C � r} rGj Fowb - � - - ; �srxn �� .amrn . "� � � � . i8lyd • ..p�o � � . � � _ f � 'O oo� �Q� � — .. �� . �� d yt��;��7�� U � � ��'a�'� � �-' '_--� �o. �" ��1 '��o� ��N� ��. �r ° �r o� - � . `- ' � ..- � - satsrns;�- :�-� aian/sr__ - � �.p �� '� � � Mqnsenoo� ;� . A � _ $ �J�1��`�7C]c��Lr�� f � � �� n� ��q - I � � � l�j � � I JJ -L � . •f�aN�T. .. r �.: BMt UY � �m�'O' � : � ; � . �'{-� °��Q�� ,Sl $�0 � �e� `7. �� ? � ��47� t�y,�� - , � _E•�enr! � � lJ '��o�(� � :i ..�J a - .-- �.. �} i I � �� ._ ea�rw< � ,.. � .... '�. n1@8t@� .: �� - a I . . O w..e.n ,e„` ... a[�U a I _� � ,,:. � � � � --- �IMwi�S . site - � '� . .3inx.. � ��.. 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I �,�``-� � ,�,,, i y � � L.-.-,. _-t--"�-, -` .� . � _. . �._,--N� I '�` =1 8 � Ie � � t � I �� y � �� ✓� �? � �I i Q I � �� ( ' SeaTac .--� World _ Ce�►i}r `, tiQ i d! ` ' ' . ._. � au,wl d U � i� ! . ; . , _. �' LL '.. .. �_I !� wnaqe . � � . .. �- --' � �� ' �` d''. _.. _ �_ . ., . . � . . � � . � - °�' . .� � �i�7 V L: � Y � � M �� . /� � �j � u.aaon.uo� uM.� I �._.� � � � � � � � _� ...+• � � 3 `C' 3---�tt...' 2 � w . n _ �-. �.nx _ ° i U I _ C � - F � S 320TH 3T �� ....�� V S 320TH ST � S 320TH ST� S 320TH ST �� t� J �_ �'- J (�.. _ � � ; �- �' � � _ �� r..�` f7'u--� iG'�U � � [,i I �.�. ,, � r.�.. - - ._ .. . . . . � � . � ��^ ; ,i � . . � .. . � � o �F C ti o, ExH143 ,�� ; L� ��- o �" > �� 1 ; �,,, , ,� � ��Q�� ; �� •sntwn I n i �—.,'_��--� � ,^ , �i «� � � � . �,^-.. � � ; 4 '°"� J > _ _ ,�,�� . —_ � � ,� � � .__ � �' __ AMC Theater Site & Federal Way's City Center Legend City Center Core City Center Frame Scale: N 0 250 500 Feet i , i � �Federal Way This map is accompanied by no warranties. �m � 3 � � � � �D � � � � n � � � � � A � � Q � � � C� � � � � � c� � C N � v � � 0 � �D � r+ RFQ: Federal Way City Center Mixed-Use Development Exhibit 2: Map of Site (NOTE: Former cinema building now demolished) _ '�� ' 2QTH AV�NUE S. _ �t _ � � ----- ,� ra��o'22'� 43a9r `. . ��_ _._. �. .--a. � � � i� ` � � ''t � oas� oowa , 1 1 ' � � ' �� ` � � aasr. tiswuu � �i '' � �� , , ❑ t � '' ❑ O �� , �� , i � w � � � `s- � 1 � �__.�_._.i -'_"_' 1 �Il � j �44N1 iF. I, ;� �i � � � JII��11A1CS L � ; � � a � 0; � s , ,� � ;; i i '� � ; � aasT. ��r , i 9 ' ' ' � � � , � � � ' ❑ O� O t ;� � � s � �` � � • � � �,, ; oow�� i� �, ' ; � _ � , ' ' . .. _ _ .. . . _-- �I r ' ; � � ; ; t� �' LOT `1 {PARCEL C} �.,�,,,,�, � � ��; ! 0 1 �7 O „ o ❑ ❑ o ❑ a „ ,, ,, . �-.. „ ,, ,, ,, � , � —.. ____�__ � � � � �._...: _.��__ ---__—:T,.:.;��__�..--- � CB J —a _ I 1 � r + � CB ' W (H � i � � r i � � � � � � �i i � � � ❑ ❑ ❑ �:- ❑ ❑ ❑ ❑ i i � � � ��q� . � � 1 E1QST. ASPHALT _.�,�"'�$ E1�L ASPlYLi Y � e� i L ! 1 � ,. ti i i �� ` S0179'00'IM 393.16' — —.— '._ _ — � — _ � 21 ST AVENUE S. ,� 0 � i � R�35.00 L�55.20 �9D'21'4T � I o� V7 I ~ � W i i � ( �i � I � � i � ; i i � � � City Center Mixed-Use Development page 17 ��: ��ci�� '��1�� ;�� "�ur�t�r ��i:��-�,�� v��o�9r�era� - ,�yi"�� : Site Aerial (Note: Former cinema building now demolished) �� AMC Theater Site � `Federai way � �. � _ . = ., � {, • ,� �` —� f • �' ;'MF• f ^,�� '� �+ M' w. �`°,�°� ap ,;� � "'] � f.._ 1 � I 1 �'' ; {�� ,,i � i � � ;� � �� ¢ �;r � � f > ,�. . � _ � t F .�_ _ . ___-- �. �� '��`� � � �� . . . , . - ""r°x',' i '� . . �� e'� .: . u"! .�. - - �!6 _ '..r- _ . , .. � . , . _ . ��_.., .� a _'�_ _ � . .,� ..�� - .,�.--� ..�. ._ �. _.�...� . „�, �. ,.�. .� ,�_ �. = .�... �-_ _ . . �_ w � _ - `..� � .. �.� �_. _. — �6iit��.k. �'' . � � � ' +a: � � . .� . . ..� _... . I . . �.., .. � . y ,� � �' .� ' ' ,rr��+i.�. � �;�"r<+s ��'.. . T%;,v> . �.. ,, ��__ ' . ' � - . ,. �.. - . � , -�w � '� ..* ' . � . , . , .a.� : . _ �___ • _. ' ry� - -.., _ . �� # . . , � � � � � � � � 1 � � �r :�� . � � , � � '.7' �a�.. � � �, � , Y� � � 1 1 -.�, � � : �. � ► � t.� " "r �"�1 . �� '�/ � •. � ` � � �.�, ' � � ; „M � } .. .� � -� � , � y wr, � � �} . . a s 1 �' �,�� '� � . .�� J � �� '�� {`� .�C` • � -�' ' r � �, ! 1' 1' 1" !1 � � � � � � ! .�. f� I + � ► � ��, - °� � ,� � � i ' - ��_ * . . � � � 'i►, -.,,� y � � �� : F `� r i � � � � � r I► ...I�y,yc `k� � � i � t � �. �. , ,�"� ` � s � � � t , � 1 � s �' �►' :� � �� ► �. �1Tf �'t.'�' ' � i .` � � ; � ' �"` 1�4�tN'S�fl � � � ''�' i! ( ►'�f 1. � �. � � 7 J '� ;e..rt►;.. � "'w` .�- _= ,�a'i '�"... ...,''�"� . : , , ;�� , . �,i ! �: -,� ,, . � � � �� "� � , '°�, irw�eta.��_.�_..�.� '� � ' ,� t w �'��r.� "1 -.. ' ► f +,� ��..,,�� ." F �* � .. 4� � � . � � �y� � � �; � � + �; ; � '�� ' �� ° • �� s . { � r .. � ��, J ( _ l i �egend 0 25 50 100 Feet �'. --- 25' Index Contour Parcels � I i i i I i i i I �, 5' Index Contour '� ��-Zoning Boundary ry Aerial Photo Date: 2002 . . .. This map is accompanied by no warranties. '', .� ��ii"i r - .� .._'S-i ...� .,I_.trr?'�':.',�i� d��<� ';C3 +"r �. RFQ: Federal Way City Center Mixed-Use Development Exhibit 4: Preview of RFP Requirements The following is a brief synopsis of the key substantive components expected to figure in the subsequent RFP. The description of the process and statement of components are subject to further terms and conditions. Within fifteen (15) days of selection as an RFP finalist, the developer or development team must submit to the City a written statement of intent to submit a complete RFP response, pursuant to the following requirements: Within forty-five (45) days (or whatever other timeline expressly set out by the City of Federal Way) of selection as an RFP finalist, the developer or development team will be required to submit: ■ Detailed financial and development cost information relating to the proposed development concept, including preliminary pro forma financial analysis; ■ Preliminary development timeline, including any expected development phasing; ■ Proposed public participation in the project, if any, or other significant "deal points." ■ A project site plan, exterior elevations, dimension of site and building (s) and d'unensions of property liens, and project sections; ■ Discussion of proposed program for major building material, finishes and colors; ■ A landscaping plan and designation of public and semi-public areas; and ■ Vehicular and pedestrian circulation patterns, including parking layouts. Proposals from invited respondents will be reviewed by City Council, with City staff assistance. It is anticipated that respondents will make a public presentation of their proposals and be available for in-person interviews. The selected developer or development team will negotiate with the City to reach mutually agreeable terms for acquisition and development of the Site. It is envisioned that these terms will first be outlined in a Memorandum of Understanding (MOU) and then finalized in a Purchase and Sale Agreement with Development Covenants (Agreement). After final selection, the selected developer or development organization will be required to provide detailed financial statements and agree to a criminal background check. Control of sensitive financial documents will be reviewed by an independent agent (i.e., CPA) under attorney client privilege and will not be made public. Further, the selected developer must agree to an "open book" process in which the City can review on-going financials and assure that there is no inappropriate windfall profit arising from public property. � City Center Mixed-Use Development page 19 RFQ: Federal Way City Center Mixed-Use Development Exhibit 5: City Council-Adopted Criteria for Public-Private Partnerships in City Center Preference for public participation will be given to projects that rate highly with regard to the following guidelines and/or objectives: The proposed development is comprised of (or contains) a mix of uses in a variety of building sizes and heights, and/or offers a"village" or "lifestyle center° site and building design, with such elements as street-oriented storefronts, outdoor eating and dining, and outdoor public amenities, such as artwork, fountains, plazas and seating. Projects with the greatest mix of uses (retail/ service, residential, lodging and office) will be given priority. Phasing may be allowed to accomplish the full mix of uses contemplated in a development concept. ■ The proposed development is transit-oriented in design and concept, where feasible, especially when in proximity to the Transit Center; ■ The proposed development is of superior site and building design, including use of high- quality materials. Parking facilities (both surface lots and structures) are aesthetically pleasing and integrated into the design of the overall project. Parking structures include street-level uses and/or are preferably be wrapped by other uses, where possible, to reduce their apparent bulk and mass. ■ The proposed development is located within the City Center and is of sufficient scale and scope to have a substantial unpact on the image and desirability of the City Center and suggests a high probability of inducing additional, spin-off development; ■ The proponent can provide a solid track record with similar private development (previous experience in public-private partnerships desirable); ■ The project is projected to provide additional jobs at a variety of levels. Projects with family- wage and higher-paying jobs will rate more highly against this guideline. ■ The proponent provides an economic impact analysis. A detailed analysis and estimate of the projec�s direct economic impact in increased property, utility, and sales taxes, as well as an analysis and estimate of indirect economic impacts by multiplier effects throughout the local economy; ■ When selected for partnership consideration, the proponent provides a financial "gap' analysis, including development costs, projected revenue, disclosure of developer's desired capitalization rate, internal rate of return (based on other portfolio projects), etc., in order to determine the necessary level of public participaiion. City Center Mixed-Use Development page 20 RFQ: Federal Way City Center Mixed-Use Development Exhibit 9: Formal Legal Notice/Advertisement City Center Mixed-Use Development page 21 COUNCIL MEETING DATES: March 15, 2011 & Apri15, 2011 CITY OF FEDERAL WAY CITY COUNCIL ITEM # : �7 a AGENDA BILL SUBJECT: AMENDMENT TO FEDERAL WAY REVISED CODE (FWRC) 19140 REGARDING REAL ESTATE SIGNS WITHIN R[GHTS-OF-WAY OF RESIDENTIAL ZONING DISTRICTS. POLICY QUESTION: Should the City of Federal Way approve amendments to Federal Way Revised Code (FWRC), Chapter 19, and add FWRC 19.140.095 which establishes a pilot program that allows real estate signs in the right-of-way of residential zoning districts, subject to specific standards? CoMMITTEE: Land Use & Transportation Committee (LUTC) MEETING DATE: March 7, 2011 CATEGORY: ❑ Consent � Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Deb Barker. Senior Planner ❑ Public Hearing ❑ Other DEPT: Community & Economic Development. Background: On November 15, 2010, the LUTC forwarded the Planning Commission's recommendation for a code amendment pernutting portable signs in the right-of-way to the Federal Way City Council. On January 4, 2011, the City Council voted to return the sign code amendment to the LUTC for further evaluation due to concerns about potential adverse impacts. This amendment was pulled from the Febniary 7, 2011 LUTC agenda and moved to the next meeting. Attachments: (1) Draft Adoption Ordinance; (2) Staff Report to the Planning Commission for the November 3, 2010, Public Hearing; (3) Minutes of the November 3, 2010, Planning Commission Public Hearing; (4) Minutes from the January 4, 2011 City Council meeting (replacing the rescheduled December 21, 2010 City Council meeting); and (5) Minutes from the February 7, 2011 LUTC meeting. Options Considered: 1) Forward the Draft Adoption Ordinance with recommendation of approval; 2) Amend the Draft Ado�tion Ordinance and forward with_recommendation of approval; or 3) Provide direction to staff. __ ____ ___ __ __ ____ __ _ MAYOR'S RECOMMENDATION: The Mayor recommends that the Council approve Option #1; and forward the Draft Adoption Ordinance with a recommendation of approval. MAYOR APPROVAL: / j�� !�_ DIRECTOR APPROVAL: T Cortunittee C uncil o � e Council COMMITTEE RECOMMENDATION: I move to adopt the Draft Adoption Ordinance and forward the proposed adoption ordinance to First Reading on March 1 S, 20�-� � �— at-�� / � `� �CLL �-�� ommitt e Chair tee ember Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (MARCH 15 2011): "I move to forward the adoption ordinance to Second Readingfor enactment on the April S, 2011 consent agenda. " 2" READING OF ORDINANCE (APRIL 5, 2011): "I move to approve the code amendment, contained in the Adoption Ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFLCE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ��_ ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances on[y) ORDINANCE # REVISED - 08/12/2010 - RESOLUTION # Attachment #1 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to implementation of a pilot program that permits real estate signs in the right-of-way of residential zoning districts; adding a new section FWRC 19.140.095. WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the re�ulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, portable signs are permitted outright in the public right-of-way throughout the City, subject to standards, but prohibited from street medians and street side planter strips pursuant to FWR� 19.140.060(29)(h); and WHEREAS, it has been noted that in some residential areas of the City those portions of the public right-of-way not used for vehicle, bike or pedestrian travel are the only locations to safely locate real estate signs that advertise and direct traffic to residences that are for sale, lease or rent; and WHEREAS, it is in the public interest for the City Council to adopt new language which clarifies and/or establishes development regulations for portable signs, including real estate signs, within the City of Federal Way; and Ordinance No. 11- Page 1 of 7 Rev 1/10 LU WHEREAS, an overall housing goal for the City's comprehensive plan is to preserve and protect the City's high quality residential neighborhoods, and one of the factors of neighborhood preservation is the ability to sell, lease or rent residences as opposed to allowing the residences to become abandoned or go into foreclosure; and WHEREAS, the Federal governrnent has identified certain areas of the City that are eligible for Neighborhood Stabilization Program funding to stabilize housing in those areas; and WHEREAS, the inability to advertise and direct traffic to residences that are for sale, lease or rent, combined with the current housing crisis, is adverse to the City's goal of neighborhood preservation and stabilization; and WHEREAS, allowing real estate signs in certain areas of the public right-of-way of residential zoning districts is identified as one option to encourage the sale, lease or rent of residences; and WHEREAS, the City Council has determined that a pilot program should be implemented that would allow real estate signs to be located within the public right-of-way of residential zoning districts, subject to specific standards, in order to assess its effectiveness at addressing the City's goal of neighborhood stabilization; and WHEREAS, this pilot program has taken into consideration impacts to drivers and the general public by Iimiting the height and size of real estate signs and prohibiting features that distract or impede traffic; and WHEREAS, on October 26, 2010, the City properly issued an addendum to the Environmental Determination of Nonsignificance (DNS), previously issued on August 20, 2008, noting that under certain conditions, signs could be permitted within the right-of-way; and Ordinance No. 11- Page 2 of 7 Rev 1/10 LU WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on this code amendment on November 3, 2010; and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered this code amendment on November 15, 2010, and recommended adoption of the text amendment as recommended by the Planning Commission; and WHEREAS, on January 4, 2011, the Federal Way City Council requested that the code amendment be sent back to the Land Use/Transportation Committee of the Federal Way Council for further evaluation; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered this code amendment on March 7, 2011, and recommended adoption of the text amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendment. (a) This code amendment is in the best interest of the residents of the City and will benefit the City as a whole by establishing parameters to allow real estate signs to be located outright within the rigl�t-of-way of residential zoning districts only. (b) This code amendment complies with Chapter 36.70A RCW, Growth Management. Ordinance No. 11- Page 3 of 7 Rev 1 / 10 LU (c) This code amendment is consistent with the intent and purpose of Title 19 FWRC and is consistent with and will substantially implement applicable provisions of the Federal Way Comprehensive Plan. (d) This code amendment bears a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) This code amendment follows the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect ta the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendment is consistent with, and will substantially implement, the following Federal Way Comprehensive Plan goals and policies: Overall Housing Goal - Preserve and protect Federal Way's existing high quality residential neighborhaods and promote a variety of opportunities to meet the housing needs of all residents of the community and region. LUG -1. Improve the appearance and function of the built environment. LUG-3. Preserve and protect Federal Way's single family neighborhoods. LUP -11. Support the continuation of a strong residential community. LUP -14. Maintain and protect the character of existing and future single family neighborhoods through strict enforcement of the City's land use regulations. EDP -2. The City will continue to seek high-quality urban desigra and infrastructure standards for these areas. Ordinance No. I1- Page 4 oJ7 Rev 1/10 LU CCP-18. Continue to enforce and refine local zoning codes, site planning requirements, and street design standards, as necessary, to establish a more pedestrian and bicycle friendly environment. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because the recommended height of real estate signs in residential zoning districts communicates useful information but does not detract from traffic safety; (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it promotes an increase in the occupancy of residential zoning districts and supports the economic vitality of the city; Section 3. Chapter 19.140 of the Federal Way Revised Code is hereby amended to add a new section 19.140.095 to read as follows: 19.140.095 Residential zone signs - Real estate signs within ri ts-of-way. (1) Purpose. The purpose af this section is to: (1) acknowled�e that adverse im acts of the current housing crisis have resulted in numeraus home foreclosures as well as houses remaining unsold for extended periods of time: (2) make it easier for owners to sell their propertv by increasing apportunities for placement af reai estate signs within residential zoning districts; (3 create a pilot program that pertnits real estate si�ns to be located within the public ri t-of- way, subject to specific standards, and evaluate its effectiveness; (4�promote pedestrian and vehicular safet� design standards; (5) ensure compatibility with nei boring uses; and (6) set a sunset date for the pilot pro�ram. (2) Standards. Real estate signs in residential zoning districts are exempt from other provisions of this Chapter and may be located within the public ri t-of-wav subject to the following standards: �a) Real estate signs are limited to signs advertising andlor directing traffic to residences that are for sale, lease or rent; (b) Signs shall not block or impede the traveled portion of a roadway; parking lanes; drivewavs, sidewalks; transit stops; bicycle lanes; or areas used for travel by bicvcles, wheelchairs; or pedestrians; �) Signs shall not be�laced in street medians; in traffic circles; or in similar traffic separation features; �d) No more than 10 real estate signs are allowed per residence; Ordinance No. 11- Page S of 7 Rev 1/10 LU (e) Signs shall not be affixed to the ground, includin tg �ough the use of stakes or other means that maY damage property1 � Signs shall neither exceed six square feet per si�n face nor 30 inches in height; ) Signs are allowed only between the hours of 9:00 a.m. and 5:00 p.m., or sunset, whichever is later, and must be removed each dav; (h) Signs shall not be placed on or attached to other objects, includin� but not limited to buildings, structures, trees plants utility,poles, utility boxes, utility equipment, or other signs; and balloons, paper, cardboard, plastic or perishable, flexible or temporarv materials of any kind shall not be taped, stapled, tacked nailed, glued, or otherwise affixed to the si n; and �i) Signs shall have a name and contact phone number or other contact information on them. (3�piration. This section shall automaticallv ex��re and no longer be in effect on Januarv 1, 2014. Section 4. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary correctians 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. Ordinance No. 11- Page 6 of 7 Rev 1/10 LU PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, SKIl' PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERIf: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 11- Page 7 of 7 Rev 1/10 LU Attachment �2 ` ciTV oF � Federai Way STAFF REPORT TO THE PLA►��TNING COlV�MISSION Amendment to Federal Way Revised Code (FWRC� Chapter 19.140, "Signs" File No.10-104254-00-UP Planning Commission Meeting of Novem6er 3, 2010 BACKGROUND On October 3, 2010, the City Council gave staff direction to prepare a caie amendmeat to allow portable signs to be located in street side planter strips within the right-of-way. II. DISCUSSION Pursuant to Federal Way Revised Code (FWRC) 19.140, portable signs are presently permitted in the pubiic right-of-way subject to the condirions of FWRC 19.140.060(29xa) through (29x&). Limita.tions include FWItC 19.140.060(29), which states that portable signs are not to be placed in street medians or in street side plaater strips. It has been noted that in many areas within the city, a stceet side planter strip is the only location available to safety locate a portable sign when there is no other feasible location due to various factors, including but not limited to the absence of a sidewalk. The placement of portable signs in street medians may adversely impact road safety and is not endorsed. However, portable signs that are properly tocated with'tn street side ptanter strips would keep pedestrian corridors c(ear and would not create traffic safety issues. Further, maintenance can still occur in street side planter strips as portable signs can be easity relocated. To avoid obstructing sight distance at iutersections and driveways and not impact traveler safety, portable signs need to be outside of the sight distance triangle reserve area of street side planter strips. The sight distance triangie reserve area is based on an area having two 30-foot sides along the protongation or continuation of lines from the face of the curb, or if no curb exists, the edge of the pavement at each intersection or driveway. A drawing is provided for reference. By incorporating these parameters, this code amendment would allow portabte signs to be placed in the str�t side planter strips within the right-of- way while protecting Qublic infrastructure and property, and promoting traffic and traveler safety. The draft code amendment is enctosed as Exhibit A. Language proposed to be deleted is shown as stt�eeteEE and any proposed new language would be shown as undertine. Under this amendment to 19.140.060(29), portable signs wouId be allowed in the street side planter strips of the rig6t-of-way as follows: (29) Portable signs located in the public right-0f-way subject to the following standards: (a) S'tgns may not be affixed to the ground, including through the use of stakes or other means that may damage propecty; (b) No more than two signs are a(lowed per event and no person may have more itian two signs at any one time, except that 10 open house signs are allowed; (c) Sign area shall neither exceed six square feet per sign face nor 36 inches in height; (d) Signs are allowed onty between the hours of 9:00 a.m. to sunset and must be removed each aay; {e) Signs may not be placed on or at#ached to other objects, inctuding but not timited to buitdings, structures, trees, plants, utiiity poles, utility boxes, utility ecryipment, or other signs; (� Signs shall not be located on the traveled portion of a roadway; in parking tanes; on sidewalks; in bicycle lanes; or placed in a manner that interferes with vehicle, bicycle, wheelchair, or pedestrian views or travet; (g) Signs shall not be p(aced in street medians or within an,�! siQht-distance triaagle reserve area of � street side planter strips: depicted in the following drawine: F� ��,, ��e�«�. ��. � a sight dis�oce triaugle a � te.�ve at�s. � o � o i � ° 1 � � J - � ( �� Street r I�l Face ofctub, a if aoae exists, cd� of pavemeW. FWRC 19.140.060 (29) (g.l) SIGHT DISTANCE TRIANGLE RESERVE AREA Portable Signs Are NoE Allowed in Sight Distance Triangle Reserve Area (h) Signs shall have a name and contact phone number or other contact information on them. III. STAFF RECOMMENDATION Staff recommends that the cocie amendment as outlined in Section II above and enclosed as Exhibit A be recommended for approval to the City Council. IV. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Process VI - Council Rewnes," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the ro(e of the Planning Commission is as follows: To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendment meets the applicable criteria provided by FWCC 19.80.240(1). To forward a recommendation to City Council regarding adoption of the proposed wning code text amendment. suax�onwmerb.�gco�� oa. io. wisa AowdaKOt to EWKC S9.I40, Si�s � E V. DECISIONAL CRITEWA � FWRC 19.80.130 provides criteria for zoning text amendments. The fo(lowing secrion analyzes the compliance of the proposed zoning text amendment with the criteria provided by sections (1) through (3) of Ct►apter 19.80.130, FWRC. The City may amend the text of the FWRC on(y if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the compreheusive ptan. T'he proposed FWRC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) goal: EDG-6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal T�ay. The comprehensive plan encourages success of business in Fedecat Way as a aenera.l concept Enhattced signage can serve to benefit business visibility and viability. The success of business has a direct impact to the City's tax base, which provides the money to support City services and amenities. 2. The proposed amendment bears a substantial relationship to public 6ealth, safety, or welfare. The proposed FWRC text amendment beazs a retationship to the pub[ic heatth, safety, and welfare because when correctly located, portable signs will not interfere with pedestrian or vehicle travel while assisting businesses in attracting custoarers. Limiting the number of signs and hours during which they may be displayed will continue to promote a positive visual image of the City, and sign portability lends to maintenance ease. 3. The proposed amendmeat is in the best interest of fhe residents of the City. The proposed FWRC text amendment is in the best interest of the residents of the City because safely locating portable signs in the street side planter strips helps to attract customers to business, sales, and other events thus supporting economic development. VI. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the fot(owing actions regarding the proposed zoning code text amendment 1. Recommend to City Council adoption of the FWRC text amendment as proposed; 2. Modify the proposed FWRC text amendment and recommend to City Gouncil adoption of the FWRC text amendment as modified; 3. Recommend to City Council that the proposed FWRC text amendment not be adopted; or 4. Forward the proposed FWRC text amendment to City Council without a recommendation. ExLibit A— Amendment to Federal Way Itevrsed Code Chapter ( 9.14U:060, "Signs," with Proposed Laaguaga Changes. seae��Ree�e�sc�� o�. �n. ss►sa e4mndoeiY to PVYItC 19.140, �gas Psge 3 E�rr A - AMENDMENT TO FEDERAL WAYREf�ISED CODE(FWRC� C�rr�t 19.1 �0.060, " SIGNS" 19.14Q.060 Exempt signs. A sign pernut is not required for the following signs or modifications to signs; provided, however, that such signs shall comply with all of the following requirements: (1) Address identification with num6ers acid letters not more than 10 inches in height. (2) Balloons no greater than 18 inches in diameter and no more than five balioons per display with a tether no longer than 36 inches. No more than two displays are permitted per site. (3) Barber poles. (4) Construction signs, so long as such signs are limited to two signs per project and each sign does not exceed 32 square feet per sign face and IO feet in height. Construction signs shall not be displayed prior to issuance of a building permit and shall be removed prior to the issuance of a certificate of occupancy. One "Coming Soon" or "Open during Conshuction" sign per site en�rance is also permitted. (5} Direc#ional signs, on-site. Each sign shall not exceed four square feet in sign area if the directional sign is indicating one direction and shall not exceed eight square feet in siga area if such sign is indicating more than one direction. Each sign may be no more than five feet in height No more than two signs per street frontage are permiited for multi-tenant complexes. Single-tenant properties sha11 be reviewed oa a case-by-case basis. Center or complex names or logos shall not comprise more than 20 percent of the total sign area. (� Flags of arry nation, government, educational irrsti�tion, or noncommercial organization. Decorative flags without corporate logos or other forms of advertising are also excluded from permit requirements. All flags rnust be a minimum size of five square feet unless it is a national or state flag and the official national or state flag is less than five square feet in size but not larger than 40 square feet in size. (� Fuel price signs. Signs shall be located on the property where fuel is sold, shall be limited to one monument sign per street frontage not exceeding five feet in height and sign area shall not exceed 20 square feet per sign face. (8) Gravestones or other memorial displays associated with cemeteries or mausoleums. (9) Historical site plaques and signs integral to an historic building or site. (10) Holiday decorations displayed in conjunction with recognized holidays. (11) Incidental signs attached to a structure or building, providing that the total af all such signs per use or business shall not exceed two square feet (12) Instructional signs that do not exceed six sc}uare feet in area per sign face. (13) Integral design features when such features aze an essential part of the acchitect�re of a bttilding (including religious symbots) and when sucfi features do not represent a product, service, or registered trademark. (14) Integral signs when no more thau one per building. (15) Interior signs located completely wittun a building or stru�ture and not intended to be visible from outside the structure, excic�sive of window signs. (1� Menu boazd not to exceed 32 square feet per sign face and a maximum height of five feet (two permitted per site). (17) Nameplates not to exceecl two sqvare feet per sign face. (18) Nonbiinking sma[l string lights which are part of decoration to be used in association with landscaped areas and trees. (19) Point ofpurchase displays. Point of purchase signs are limited to two square feet in area and one sign per point of purchase. Such signs shall only display instructional or price information and sha.11 not include copy pertaining to any special sale or promotioa Point of purchase display signs shall be permitted in conjunction with an outd.00r use, activity, or storage as authorized under Chapter 19.I25 FWRC. (20) Political signs so long as the maximum azea per sign is limited to six square feet No political sign shal! be displayed later than seven calendar days after a ftnat eiection. (21) Private advertising signs The sign shall be limited to eight square feet per sign face and five feet in height, the sign must be immediately removed at the end of an event, use or condition, the sign must contain the address of the event or advertiser, and there shatl be no more than six such signs advertising an event (22) Private notice signs. (23) Real estate signs Real estate signs shall be limited to one on site sign per agent per street frontage oz public entrance if no street fronta.ge exists. For dwelling units, the area of the sign shall be no greater than six square feet per sign face. For other uses and developments; the size shall not exceed 32 square feet per siga face. All on-site real estate signs raust be removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession. (24) Temporary business signs for temporary business defined by FWRC 12.?S.O10; provided, however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only one sign is used, that sign may be 32 square feet per sign face. (25} Under-canopy signs not exceeding the width of the canopy and eight square feet in size; and provided, that a minimum separation exists between such signs equal to 20 linea! feet or more. (26) Warning signs. (2?) Window signs not exceeding 25 percent of the wiadow area only to advertise products, goods or services for sale on site, business identification, hours of operatioq address, and emergency information. (28) Signs on sports field fences not exceeding 32 square feet per sign that are securely attached to the fence, are not protruding above the fence line, and are oriented to the interior of the fie(d. (29) Portable signs located in the public right-of-way subject to the following standards: (a) Signs may not be affixed to the ground, including through the use of stakes or other means that may damage property; (b) No more than two signs are allowed per event and no person may have more than two signs at any one time, except that 10 open house signs are allowed; (c) Sign area shall neither exceed six square feet per sign face nor 36 inches in height; (d) Signs are allowed only between the hours of 9:00 a.m. to sunset and must be removed each aay; - (e) Signs may not be p(aced on or attached to other objects, including but not timited to buildings, structures, trees, plants, utility poEes, utility boxes, utility equipment, or other signs; (� Signs shall not be located on the traveled portion of a roadway; in parking lanes; on sidewalks; in bicycle lanes; or placed in a manner that interferes with vehicle, bicycle, wheelchair, or pedestrian views or travel; ExhieitAbSta@'Repor[aoWePlanaiagComnistion . DotLD_56159 Ravixd FlNRC 19.I40.Ob0. Sigos P� 2 (g) Signs shall not be placed in street medians or within any sight-distance trian�le reserve area of any street side planter strips, as depicted in ihe follawin� dra.wingR Face of qub, ar N aone e�sts. edge oE pavement Sight dstaace triangie �►e �. � 4 � o � _ � 1 `, , � J — I �� i Sight distance hiangle � ` reserve areas. a� - � � �� o M � � a�1 � R • — �! V r SVeet I 3 � I Face of cuEb. or i( �one e�6sts, edge of pavement FWRC 19140 060 (291 ta 1) SIGHT DISTANCE TRtANGLE RESERVE AREA Portable Signs Are Not Ailowed in Sight Distance Tria�gle Reserve Area (h) Signs shali have a name and contact phone number or other contact information on them. Ord No. 08-583, § 3(Exh. A), 10-21-08; Ord. No. 07-573, § 49, 12-4-07; Ord. No. 07-554, § 5(Exh. A(14)), 5-i5- 07; Ord. No. 06-523, § 3(Ex6_ A}, 4-IS-06; Ord. No. OS-487, § 3, 419-05; Ord Na. 0�-486, § 3, 419-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99. Code 2001 § 22-1599(d�2)) tizlrbit A to SUKReport ro tha?IeoaY�g Camnisyion Doc. LD. 55l So Revised FiYRC (9.I�p.069. S�6m - � l Attachment = 3 CITY OF FEDERAL WAY PLANMNG COMMISSION November 3, 2010 City Hatt 7:� p.m. Council Chambers MEETING MINUTES Commissioners present: Tom Medhurst , Hope Elder, Lawson Bronson, and Sarady Long. Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Ctark, Senior Ptanner Deb Barker, City Traffic Engineer Rick Perez, Assoeiate Planner Matt Hercera, Assistant City Attorney Peter Beckwith, and Administrative Assistant Dartene LeMaster. CALL TO ORDER Vice-Chair Elder called the meeting to order at 7:00 p_m. ROLL CALL Commissioners Elder, Medharst, Bronson and Long present_ Commissioners Pfeifer, 4'Neil and Carison were excused. APPROVAL OF MIMlTES The minutes of October 20, 2010 were approved as written. AUDtENCE COMNIEYT None ADM[NISTRATiVE REPORT None PUBL[C HEARI1vC — Amendment to the Federat �ay Revised Code (FWRC) C6apter 19.140, "Signs" Vice-Chair Etder explained tfie guidetines fc�r the Pub(ic Hearing. Senior Plannec Deb Barker revie�red the baekground and reasons for the code amendment to allow portab(e signs in street sEde planter strips v�ithin the right of way. Ms_ Barker a(so reviewed the defuution of a portabte sign, characteristics of the street side planter strip, and explained the sight distance triangle r�eserve area language proposed for ttt� code amendment. An email from Mr. Sam Pace, Seattle/King County Association of Realtors was entered inta �he record. There was one pubtic comment. Sam Pace, 298391 S4` Ave 5E, Kent — Mr. Pace spoke in support of the proposed code amendments regarding portable signs. Mr. Pace explained that the code amendment is important for both sellers and buyers, especially first time buyers. The code amendment is also important to the City. Each real estate sale produces revenue in the form of taxes paid when a sale is funded Mr. Pace complimented all City sta, ff on their outstanding customer service on this and past issues and asked for Planning Commission's consideration of the proposed amendment. Vice-Chair Elder asked if there were any questionslconcerns from the commissiouers. Hearing none, Vice- Chair Elder asked for a motion. Cv�nissioner Long moved to recommend adoption� the Federal Way Revised Code (FWRC) 19.140.060 (29) text amendment, in regard to Portable Signs as preposed by stat� Commissioner Bronson second. Motion Planning Commission Minutes Page 2 November 3, 2010 carried, 4-0. Vice-Chair Elder closed the public hearing. PUB�[C HEARING - Zoning and Devetopment Code Amendments Retated to the Keeping of Fowl and Rabbits Vice-Chair Eider explained the guidelines for the Public Hearing. Associate Planner Matt Herrera reviewed the background and reasons for the code amendment and summarized the proposed code amendments_ Staff anatyzed a(1 questions and recommendations from the Planning Commission's September 29, 2010 Study Session and aiso did further research_ Mr. Herrera presented the staff recommendation: • Ban roosters in atl areas of the city with the exception oF Suburban Estate (SE) zoned lots_ • Ailow up to any combination of four chickens/ducks on residential (ots (ess than 35,000 s.f. • Cap the amount of chickens/ducks a(lowed at 20 (total) for tots 35,000 s.f. and greater in single-family residential zones (RS) zones. ■ Maintain the cucrent policy of four rabbits for lots less than 35,000 s_f. There were two public comments: Alissa Hansen, 356 S 304` Place. Federa! Way - Ms. Hansen asked �these code amendments are passed, whnt is the anticipated time that they would be allowed to keep chickens. Mr_ Herrera stated that he anticipates the code amendment to be enacted by the end of the year. Marion Bartholomew, 30305 19`'' P[ace 56�; Federal Kray - tt�lr. Bartholometiv tivas very happy with stcrffs recommendations_ He asked the Commission to consider reciucing the period of time for residents to comply with no roosters from two years to one. t1�lr Bartholomew asked if a chicken coop must be jully enclosed or are chickens allowed outside of a coop. Mr. Herrera explained that the eacisting regulations allow for free range chickem. There are als� nuisanc� reg�ilations in place that state that animals may not nm wilci outside of their own yard_ Mr. Bartholomew hopes that allowing chickens to roam outside of their coops wi[I not create code compliance issues. As for rabbits, Mr. Bartholvmew supports a ten foot setbcrck for rabbit hutches as well. Vice-Chair Elcler asked far questions or eomments &om the Commissionecs. CommissiQnes Bronson suggest� that staf€ may want to recommend four or five appropriate clucken coop designs. Mr. �errera stated there are currently ao design guidelines for single-family residential uses. In addition, many residents desire sustainability and may therefore want to build a coop out of recycled materials. Vice-Chair Elder astced for clariF�eation on the allowed amount of chickens and/or ducks. Mr. Herrera confinned an allowable tct� of €c2ur, in any combination of chickens or ducks for single-family residential areas less than 35,000 s.f. To respond to Mr. Bartholomew's comment on rabbits, there is an eacisting code allowing up to four rabbits in single -family residentiai less than 35,000 s.f. It is assumed that rabbits are household pets, therefore not requiring outdoor living quarters. For lots an 35,000 s.f_ and greater, there is a 40 foot setback for rabbit hutches. Commissionec Medhurst complimented staff for listening to the public on this issue and responding appropriately. Commissioner Medhurst is not interested in regulating a coop design. � Commissioner Long concurred with Commissioner Medhurst and thanked Mr. Herrera for a thorough preseatation. Commissioner Long supports a maximum limit of up to four chickens/ducks, stating that this iimit is very reasonable and will allow the average famil}r��ore than enough egg production. Commissioner Bronson wanted to clarifv wE�at was meant in his earlier comment reQardinQ chicken ccx�ns_ Planning Commission Minutes Page 3 IYovember 3, 2010 Commissioner Broason supports not having requirements for coops; rather, having ideas, suggested plans, materials, etc. for residents who are looking for ideas. Mr. Herrera responded that staff may be producing a resource document, available to residents in siinple text regarding Urban Chickens and the code as it applies to them Commissioner Bronson asked the reason for a ten foot setback for chicken coops. Is there reatiy a difference between five and ten feet? Mr. Hercera responded that because of concerns raised by residents, staff felt inclined to meet residents halfway. A ten foot setback is adequate. For example, in a high density sin.gte-family resideatial area with approx. 5,000 s_E lots, the avecage lot width is 40-b0 feet. Assuming a ten foot setback on the side and rear of the lot, there is adequate room for an appropriate size coop (48 s.f.). Should this turn out to not be the case, staff can re-evaluate this ac a later date. The same applies to mobile coops. There should be adequate space. Commissioner Long asked if residents will need a permit for chickens or d�cks. Mr. Herrera said that permits will not be required. This can also be re-evaluated at a later date if any probiems arise. Commissioner Bronson moved to recommend adoption of the pmposed code amendments to Eederal Way Revised Code (FWRC) 19.260 "Zoning and Development Gode" as it applies to chickens and ducks as presented by staff. Commissioner Medhurst second Motiou carried, 4-0. Vice-Chair Elder closed the pubiic hearing. ADDCf10NAL BUSlNESS/PUBLIC COM1VtENT None ADJOURN The meeting was adjourned at 7=47 p.m. Attachment #4 €rr�r oF F�deral V1�ay MINUTES FEDERAL WAY CITY COUNClL REGULAR MEETING Councii Chambers - City Hatt January 4, 2011 7:00 p.m. www. cityoffed e ral wa y. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:00 p.m. Councilmembers present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Jim Feaeli, Councilmember Linda Kochrnar, Councilmember Mike Park, Councilmember Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman. Staff present: City Attomey Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Councilmember Ferrell led the pledge of allegiance_ 3. PRESENTATIONS a. Proe(amation: National Mentoring Month Councilmember Freeman read the procfama6on into the record and presented it to Doug Baxter from Communi6es in Schools Federal Way. Mr. Baxter thanked the Counci! foG recognizing National Mentoring Month and spoke to the importance of inentoring in the community. b. Kinq Countv Solid Waste Interlocal Aqreement — Information ontv Solid Waste/Recycling Coordinator Rob Van Orsow reviewed the City's involvement in the Metropolitan Solid Waste Management Advisory Committee. King County is conducting a Comprehensive Solid Waste IVlanagement Plan Update to reptace the 2001 Comprehensive Plan. Cities will have 120 days #o either adopt or reject the plan. King County is also looking to request a rate increase in 2012 for garbage fees. King County has Solid Waste Inte�local agreements with 37 cities and is looking into potential revisions to the agreements such as extending the tertns so King County can obtain bond financing for transfer system reconstruction. ' The Councit shared their concems regarding this issue as well as how missed collections due to +nclement weather are being addressed. Mayor Priest recommended deferring issues with Waste Managemer�t a�d King County Solid Waste to the FEDRAC Committee. City Council Miraetes —January 4, 20l t Regular Meeting Page 1 of 6 c. Mayor Emerqinq issues / tntroduc6on of New EmpioYees Mayor Priest stated there were no emerging issues or new employee introduc6ons. 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP & PRESENT lT TO THE CITY CLERK PR10R TO SPEAKING. When recognized by the Mayor, come fonvard to the podium and state your name for the record. PLEASE tlMIT YOUR COMMENTS TO THREE (3) M/NUTES. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. Nancv Combs spoke regarding missed garbage collection dates tast week. She a{so commented on �nsafe city streets. John Wifde submitted a letter for the City Clerk to read into the record. He suggested a communiry volunteer day in Federai Way similar to the City of Auburns Ciean Sweep event. Norma Bianchard asked if a business ticense was issued to a marijuana dispensary. She also asked how the Mayor voted on the Civic Center at the December 7, 2Q10 City Council meeting. Tim Anderson spoke in oppasition of school buses being routed down 13 Ptace South. He woutd like the Councils assistance in negotia6ng altemate rouEes for the buses. Donald Barovic thanked staff for their assistance in keeping storm drains on his property clean. He spoke regarding Waste ManagemenYs level of service and the proposed chicken/duck ordinance. Mollv 6vlcGruder voiced her concems wifh buses being routed on 13�' Place South_ Jackie Muth shared her concerns regarcfing routing tauses on 13 Place South Sam Pace spoke regarding item 7d. He feels there are simple solutions to address the Councii's concems on this item and is looking foN+rard to assisting where he can. Michael Kun stated Puget Sound Energy is no longer a public en6ty. He encouraged the Councii to look into a municipa! energy en6ty to provide energy to Federal Way residents. Tim Bums commented on the Toys-R-Us property purchase. He feels approving the 1033 form is tax evasion and he questions the integrity of the City Council. 5. CONSENT AGENDA lfems listed beJow have been previously reviers�ed rn tFreir entirety by a Council Committee of three members and brought before full Counci! for approval; a/1 items are enacted by one motio�. Individua! ;tems may be removed by a Councilmember for separafe discussion and subsequent motion. a. Minutes: December 7. 2010 Special and Regular Meetings APPROVED b. Energy Pe�formance Agreement with MacOonald Miller and Accepting PSE Grant APPROVED c. Dry Cleaning Contract between Empi�e Cleaners lnc., DBA John's Cteaners and the City of Federal Way, Washington for the Police Department Uniform Dry Cfeaning Services APPROVED City Couneil Minutes -January 4, 2011 Regular Meeting Page 2 of 6 MOTION: Deputy Mayor Duclos moved approval of items 5a throwgh 5c. Councilmember povey second. VOTE: Motion carried 7-0. 6. COUNCIL BUSINESS a. Vouchers Finance Director Tho Kraus stated the December 2010 Finance, Econamic Devetopment and Regional Affairs Committee mee6ng was canceqed so the vouchers did not go through Councii Committee approvat. The vouchers a�e items paid between November 16, 2010 and December 'I 5. 2010 totaling $3,355.361.29 MOTlON: Councilmember Park moved approvai of the vouchers. Councilmember Burbidge second. VOTE: Motion carried 7-0. b. Monthlv Financial Report Fir�ance Director Tho Kraus stated the November 2010 Financiai Report was being presented under Council Business because the December 20i0 Finance, Econamic Development, Regionat Affairs Committee meeting was canceled. Major revenues below ysar-to-date budget include gambling and u6lity tax. The Federal Way Community Center is continuing to perform well. Revenues exceed year-to-date budget as well as prior years. The Dumas Bay Center has a positive ending fund bafance of $112,000.00, of that $55,000 is earmariced for marke6ng study and implementation. Councilmember Park asked Ms. Kraus to bring informa6on on the new woric release program that the Municipal Court implemented to the January FEDRAC Meeting. MOTION: Councifinember Park moved approval of the monthly financia! report. Councilmember povey second. VOTE: Motion carried 7-0. c. Leqislative AQenda Amendment Financial Sen�ices Administrator Bryant Enge stated the City Council adopted the 2011 l.egistative Agenda on Novembe� 2, 2010. Since then the State's economic condition has become more challenging. The revised LegislaGve Agenda before Council takes into consideration the State's financial challenges and does not request new funding. tn addition, the revised agenda provides greater clarity conceming the City's emphasis on public safety and sustainability. Mayor Priest asked staff to provide addi6onal informa6on regarding surface water mandates prior to the January 6, 2011 Legisiative Meefing. MOTION: Councilmember Park moved approval of the draft updated 2011 l.egislative Agenda. Councilmember Burbidge second. VOTE: Motion camed 7-0. 7. ORDINANCES FIRST READiNG: a. CB 563: 201 Q ComQrehensive Plan Amendments Retated to the Performina Arts Center and Competitive Saorts Center An ordinance of the City of Federal Way, Washirrgton, relating to amendmeats to the City's Comprehensive Plan City Council Minutes — January 4, ZO!! Regular Meeting Page 3 of 6 Financial Services Administrator Bryant Enge stated this item had been before the Planning Commission and the Land Use, Transpo�tation Committee for review. He summarized the proposed amendments to Chapter 6 of the FWRC and stated the proposed ordinance would change the name of the PerForming A�ts Center to Civic Center (Conference Center/ Perforrriing Arts Center). Ciry Cle�lc McNeilty read the ordinance 6tle into the record. MOTION: Councilmember Kochmar moved to forward the ordinance to second reading and enactment at the January 18, 2011 City Council meeting. Deputy Mayor Duclos second. VOTE: Motion carried 6-1, Councilmember �eRell dissenting. b. CB 564 FWRC Housekeepinq References to City Manaqer An ordinance of the City of Federal Way, Washington, relating to reflecting the change of govemment to tf►e Mayor-Council in ihe Fede�al Way Revised Code; amending FWRC Sections i.20.020; Z_23.030; 2.29.040; 3. i0.060; 3_ 10.130: 3_35.050: 3.50.370; 8. � 5.0 t 0; 8.1 S.O60; 9.18_ 120; 12.40250; 19 60.Q60; 19.80.250; f9.80.260; 19.9 t. i 20. City Attorney Richardson stated the proposed ordinance is a housekeeping item to replace references to City Manager with Mayor in the Federal Way Revised Code. City Cterk McNeilly read the ordinance title into the record. MOT10N: Deputy Mayor Duclos moved to forwa�d the ordinance to second reading and enactment at the January 98, 2011 City Council meeting. Councilmember Dovey second. VOTE: Motion carried 7-0. City Attomey Richardson reviewed the Mayoral Veto process for ordina�ces. She stated every ordinance must be presented to the Mayo�, who has 10 days to act by either signing the ordinance or vetoing the ordinance by submitting written objections. If the Mayor does not take action the ordinance within 10 days, it becomes valid. If the Mayor veto's an Ordinance, the Council has the op6on to vote to incorporate the Mayor's objec6ons, or override the veto with a majority ptus one vote. The Councit discussed the veto process and deferred the issue to the January 25, 2010 FEDRAC meeting for further discussion. SECONO READING: c. CB 560 Zoninct and Development Code Text Amendments Related to Keepinq Chicken anc! Ducks An ordinance of the City of Federa! Way, Washingfon, relating to the keep�ng of chickens and ducks; amending FRWC 19_260.020 and FWRC 19.260_O60 and adding a new section to FWRC Chapter 19.260. City Cterk McNeilty cead the ordinance titie into the record. MOTION: Councilmember Kochmar moved to apprave the ordinance. Councilmember Burbidge second. VOTE: Motion carried 7-0.Ordinance 11-681 d. CB 561 Portable Sic�ns in Street Side Planter Strips Code Amendment An ordinarrce of the City of Federa/ Way, Washingian, relating to portaWe signs in the �ght�f-way; amending FWRC 19.140.060. City Couneil Minutes —January 4. 20lt Regular Meeting Page 4 of 6 MOT10N: Deputy Mayor Duclos moved to postpone inde�nitely the proposed ordinance regacding portable signs in the right-0f-way as she understands a stakeholder group is being formed to fulfy address the issue. Councilmember Kochma� second. Vote: Motion carried 7-0. 8. CQUNCtL REPORTS Councilmember Ferrel! had no report. Counciimember Kochmar repo�ted the next �UTC meeting was January 10, 2011 _ She read a thank you letter the Council received from a citizen regarding their interac6on with the Police Department Councitmember Freeman reported the theme fo� this years Mardn Luther King eve�t is "Building Community— Together We Stand.° The event will be held on January 17, 2U11 at Decatur High Schoel and begins at 11:30 a.m. Councitmember povey reported on the upcoming Lodging Tax Advisory Committee retreat that wiU be held on January 18, 2011. Councilmember Burbidge reported the next PRHSPS meeting will be January 11, 2011. She also reported on upcoming perfoRnances at the Knutzen Famity Theater. Councilmember Park reported the next FEDRAC meeting wiil be January 25, 2011. - Dep�tty Mayor Ductos reported on-an up eoming SoutFt �ound Chamber o� Gorn�erce - Legislative Meeting_ 9. MAYORS REPORT Mayor Priest asked the Councit for a mo6on to suspend the Council Rules and hold the annual Council Retreat on January 22, 2011 rather than the last weekend in January as stated in the Council Rules. MOTION: Deputy Mayo� Duclos moved to suspend the Council Rules and conduct the Council Retreat an January 22, 2011. Councilmembe� Burbidge second. VOTE: Motion carried 7-0. Mayor Priest reviewed the 2091 Suburban Cites Associa6on Committee Appointments. Mayor Priest announced the following changes to the City's organizatio�al chart: • The Chief Administrator Officer position will not be filled. • The Communiiy Development Director Position will bec;ome the Community � Economic Devetopment Director and will oversee the Building Official and the Planning Manage�. Patrick Ooherty wil! fill this position. • The Administrative Services Director will oversee Govemment Affairs, Civic Center. the Human Services Manager, the Informa6on Technology Manager and City Counci! Ntinutes —January 4, 201 [ Regular Meeting Page S of 6 the Human Resources Direckor. • Jean Stanley will fill the Human Resources Director Position. • Steve Cain will fill the Executive Assistant to the Mayor posi6on. • Chris Carrel will fil! the Community and Grant Coordinator position. 10. ADJOURNMENT With no additional business before the Council, Mayor Priest adjoumed the meeting at 8:55 p.m. ATTEST: -S,�e�.c�� •- Carol McNeilly, CMC City CI Approved by Council: January 18, 2011 City Council Minutes — January 4. 20! ! Regular Meeting Page 6 of 6 City of Federal Way City Council Land Use/Transportation Committee Attachment #S February 7, 2011 City Hall 6:00 PM City Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Linda Kochmar, and Committee Member Jack Dovey (Committee Member Jim Ferrell was excused). Council Members in Attendance: Staff Members in Attendance: Director of Parks, Public Works and Emergency Management Cary Roe, Deputy Public Works Director Marwan Salloum, City Traffic Engineer Rick Perez, Senior Traffic Engineer Jesse Hannahs, Planning Manager Isaac Conlen, Senior Planner Deb Barker, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Tina Piety. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 6:00 PM. 2. PUBLIC COMMENT There was no public comment. 3. BUSINESS ITEMS Forward Topic Title/Description to Council A. B. C. Approval of the January 24. 2011 LUTC Minutes Committee approved January 24, 2011, LUTC minutes as presented. Moved: Dovey Seconded: Kochmar Passed: UnsnimousZy, 2-0 Portable Signs in the Right of Way Code Amendment Committee pulled item to next scheduled meeting. Moved: Dovey Seconded: Kochmar Passed: Unanimously, 2-0 S 320` Street Overlay Reimbursement Contract with Quadrant Corporation Deputy Public Works Director Salloum presented information on this item. There was no public comment or discussion. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Kochmar Passed: Unanimously, 2-0 N/A Feb. 15, 2011 Ordinance 1 �` Reading Feb. 15, 2011 Consent D. Enterprise NTS —18 Ave SW & 20` Ave SW (South of SW 356`�' St to County Line) Feb. 15, 2011 Consent Senior Traffic Engineer Hannahs presented information on this item. Ed Sedlak spoke in favor of installation of speed humps. He has lived on 18�` Avenue for some 10 years. There are approximately 70 houses in the area with lots of children and adults walking, biking, and playing in the area. Tacoma residents use the street to access the freeway. Many speed the straight away just before a blind curve. He and others have tried at least three times to have speed humps installed. Land Use/Transportation Committee Page 2 February 7, 2010 E. 4. OTHER None Sandy Ulr spoke in favor of installation of speed humps. She is the petirioner for 20�' Avenue SW. She will not allow her children play out front because of the speeding traffic. Larry A. Gates spoke in favor of installation of speed humps. He has lived in the area 18 years and stated new homes in the area have contributed to the problem. Karen Ostrand spoke in favor of installation of speed humps. She is a long time resident and typically sees traffic traveling at a high rate of speed. She would love to see 20�' Avenue blocked at the Pierce County line (as it once was). She knows it is not blocked for emergency access, but since the boundary for different emergency districts, why not block it? Laura Boyce spoke in favor of installation of speed humps. She is also a petitioner for 20`� Avenue SW. When he was young, she would not allow her son to play in the front because of the traffic. The neighborhood tried to have speed humps installed six or seven years ago, but did not meet the city's requirements. The situation has only grown worse. Councilmember povey asked why Tacoma residents were included in the voting. Mr. Hannahs replied that city policy calls for the voting to be done within 600 feet of the proposed trat�ic calming device locations. Since there are Tacoma residents within the 600 feet and residents from outside of the city are not precluded from voting by the policy, staff decided to include them. Councilmember povey expressed concem that Federal Way citizens may be denied an action because residents outside of the city vote against it. Mr. Perez commented that staff delineated the results by city for this reason. Chair Kochmar requested that staff provide the Committee with the policy for discussion of this issue. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Kochmar Nautilus NTS — S 308 St (1S` Ave S to 4` Pl S) Senior Traffic Engineer Hannahs presented information on this item. Councilmember povey commented with placing speed humps on 304` last year and now on 308`�', the city may be "herding" drivers to create a new cut-through. He encouraged staff to be pro-active on this issue. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Kochmar Passed: Unanimously, 2-0 Feb. 15, 2011 Consent 5. FUTURE MEETING The February 21, 2010, LUTC meeting is cancelled in observance of President's Day. Depending upon work load, the next LiTI'C meeting will either be held Monday, February 28, 2011, or Monday, March 7, 2011, at 6:00 PM in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 630 PM. Attest: COMMITTEE APPROVAL: Linda Kochmar, Chair Tina Piety, Administrative Assistant II Jim Fenell, Member Passed: Unanimously, 2-0 Jack Dovey, Member c:wUrc�c.Urc agenaas ana summanes zot nza-� t Minutes.ao� COiTNCIL MEETING DATE: March 15, 2011 ITEM #:��_ ..........................................----.................................................................................................................................................................................................................................................................................................................................................................................__......_...._.....................................__.._.................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMEND FEDERAL WAY REVISED CODE TITLE 9 REGARDING ANIMAL SERVICES POLICY QUESTION Should the City Council approve and adopt the proposed amendments to Chapters 9.05, 9.18 and 9.25 of the Federal Way Revised Code regarding animal services? COMMITTEE: PRHS&PS CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: Chief Brian Wilson /1 ■ Ordinance MEETING DATE: 03/08/2011 ❑ Public Hearing Resolution ❑ Other DEPT: Police Attachments: Staff Report and proposed ardinance amending Chapters 9.05, 9.18 and 9.25 of the Federal Way Revised Code ("FWRC") regarding animal services. Options Considered: 1. Approve the proposed ordinance amending Chapters 9.05, 9.18 and 9.25 of the FWRC regarding animal services. 2. Modify the proposed ordinance amending Chapters 9.05, 9.18 and 9.25 of the FWRC regarding animal services. MAYOR'S RECOMMENDATION: 0�1tlOII 1 MAYOR APPROVAL: %�%��_ DIRECTOR APPROVAL: �I,AItM ��.��)qll f�,d�,Ih J��j�/j Committee Council Committee Council COMMITTEE RECOMMENDATION I move to forward the proposed ordinance to First Reading on March 1 S 2011 City Council meeting. COUNCIL MOTION(S): 2 READING OF ORDINANCE (APRIL 5): " I move approval of the proposed ordinance amending Chapters 9. OS, 9.12 and 9.25 of the FWRC regarding Animal Services. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # � O ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 1 READING OF ORDINANCE (MARCH 15) I move to forward approval of the ordinance to the April S, 2011 Council Meeting for adoption. CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: March 8, 2011 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Skip Priest, Mayor FROM: Brian J. Wilson, Chief of Pol' SUBJECT: Amend Federal Way Revised ode Regarding Animal Services The proposed amendment would update Chapters 9.05, 9.18 and 9.25 of the Federal Way Revised Code. The purpose of these updates are as follows: Chanter 9.05 FWRC 9.05.010: Add a definition of bite. Reason: We currently do not have a definition and it would benefit us to clarify that a bite is a pierced. When the skin is not punctured, we can still pursue enforcement through the aggressive dog section of the code. 9.05.010: Change defintion of hobby cattery to 6 or more cats. Reason: This would allow a residence to have up to 5 cats. This encourages people to license their cats. Right now they may not, because they do not want animal services to know that they are over the limit. In addition, this encourages people to adopt more cats. We shelter many more cats than dogs. Chaqter 9.18 FWRC 9.18.020: Expand definition of animal cruelty to include leaving animals in vehicles during hot weather and authorize officers to enter vehicles with force, if necessary. Reason: We respond to several of these calls during hot weather. Right now our only option is to cite the owner with RCW 16.52.080, which is not as specific and is a misdemeanor. This gives us more enforcement options, and it will be easier for us to educate the public with a specific section. 9.18.100: Add "poop/scoop" law. Reason: We currently do not have any law to allow us to enforce cleaning up after a pet. Neighbor complaints regarding other pets are common. 9.18.100: add parks to list of places where aggressive dogs constitute a nuisance Reason: Currently, aggressive dogs on sidewalks, streets, alleys or other public ways are considered public nuisances, but not those in parks — this would fix that over sight. 9.18.110: Clarify when and how the animal services authority may abate nuisances. Reason: Currently, our code refers to Chapter 1.15 for nuisance abatement, which is geared towards code enforcement. We are requesting this be changed "abatement procedures established by director," so our nuisance abatement process can be tailored for animal services. In addition, we need to change language from "shall" to "may" after three convictions, because, as the law reads now, if we write an owner three off leash tickets, we then have to abate that dog. It is essential for the animal services authority to discretion in these types of matters. Chanter 9.25 FWRC 9.25.030: Clarify how a dangerous dog would be confiscated. Reason: Need to clarify the term "dispose of' to state humane destruction of the animal. It is the recommendation of the staff that the City Council approve the proposed ordinance amending Chapters 9.05, 9.12, and 9.25 of the FWRC regarding updating our animal services code. 2 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to animal services; amending FWRC 9.05.010, 9.18.020, 9.18100, 9.18.110, 9.25.030. (Amending Ordinance Nos.10-661, 09-592, 08-574, 07-573, 06- 530, 06-527, 92-153, and 90-30.) WHEREAS, Federal Way Revised Code ("FWRC") Title 9, "Animals," sets forth the administration, regulations, enforcement, and licensing requirements of animal services in the City of Federal Way; and WHEREAS, updates to Chapter 9.05 FWRC are needed to include a definition of "bite" and to increase the number of adult cats a person may have at his or her residence; and WHEREAS, updates to Chapter 9.18 FWRC are needed to address leaving animals in parked cars, aggressive dogs at public parks, cleaning up after animals, and how and when nuisances are abated by the animal services authority; and WHEREAS, an update to Chapter 9.25 FWRC is needed to clarify how dangerous dogs are disposed of; and WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to update Title 9 to adopt changes to these chapters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. FWRC 9.05.010 is hereby amended to read as follows: 9.05.010 Definitions. The definitions in this section apply throughout this title unless the context clearly requires otherwise. `AbatemenY' means the termination of any violation by reasonable and lawful means determined by the director in order that the owner or a person presumed to be the owner shall comply with this title. Ordinance No. 11- Page 1 of 7 Rev 1/10 "Adult cat" means a cat of either sex, altered or unaltered, that has reached the age of 21 weeks. "Adult dog" means a dog of either sex, altered or unaltered, that has reached the age of 21 weeks. "A/tered"means neutered or spayed. "Animal" means any living creature except human beings, insects and worms. "Animal services authority"means the animal services unit of the Federal Way police department acting alone or in concert with King County animal care and control and/or any city- contracted shelter for enforcement of the animal services laws of the city, county and state for the shelter and welfare of animals. "Animal services office►" means any individual employed, contracted or appointed by the director for the purpose of aiding in the enforcement of this title or any other law or ordinance relating to the licensure of animals, control of animals or seizure or impoundment of animals, and includes any state or local law enforcement officer, sheriff or other employee whose duties in whole or in part include assignments which involve the seizure and impoundment of any animal. For the purposes of this title, this definition shall apply where a person charged with enforcement of this title is referred to as "office�" or "official." "Animal rescuer" means any individual who routinely obtains unwanted dogs or cats, ensures that they are spayed or neutered, and locates within 90 days an adoptive home for them. An extension of the 90 days may be granted by the animal services authority up to a maximum of six months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a veterinarian. "Bite" means to pierce the skin with the teeth, fanqs, or mouthparts. "Cattery" means a place where #e��six or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital, clinic or pet shop. "Dangerous dog" means any dog that according to the records of the animal services authority: (1) Has inflicted severe injury on a human being without provocation on pubtic or private property; (2) Has killed a domestic animal without provocation while off the owner's property; (3) Has been previously found to be potentially dangerous, the owner having received notice of such, and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals; (4) Has a known propensity, tendency or disposition to attack without provocation to cause injury or otherwise endanger humans and/or domestic animals based upon notice to the owner; (5) Bites or attacks without provocation after prior notice to the owner; or (6) Is defined as a"dangerous dog" under RCW 16.08.070. "Director" means the Federal Way chief of police or designee. "Domesticated animal" means those domesticated beasts including any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic. "Euthanasia" means the humane destruction of an animal, accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness. "Grooming parlor" or "grooming service" means any place or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged. Ordinance No. I1- Page 2 of 7 Rev 1/10 "Harboring, keeping or maintaining a dog or cat" means performing any of the acts of providing care, shelter, protection, refuge, food or nourishment in such manner as to control the animal's actions, or that the animal is treated as living at one's house by the homeowner. "Hobby cattery"means a noncommercial cattery at or adjoining a private residence where #e� six or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species. "Hobby kennel" means a noncommercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for hunting, training and exhibition for organized shows, field, working and/or obedience trials, or for enjoyment of the species. "Juvenile" means any dog or cat, altered or unaltered, that is under the age of six weeks. "Kennel" means a place where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care whether or not for compensation, but not including a small animal hospital, clinic or pet shop. "Known propensity" means an inclination for behavior that the owner is or should be aware of. "Leash" means a cord, rope, thong or chain not more than 20 feet in length by which an animal is controlled by the person accompanying it. "Livestock"means cattle, hogs, sheep, goats, horses, Ilamas and other large grazing animals. "Neutered"or "spayed"means a procedure performed by a licensed veterinarian meant to prevent conception by an animal. "Owner" means any person having an interest or right of possession to an animal or any person having control, custody or possession of an animal, and includes but is not limited to the keeper or custodian of an animal. Any person residing at a location where an animal has been consistently residing shall be presumed to be the owner. "Pack of dogs" means a group of finro or more dogs running upon either public or private property not that of their owner in a state in which either their control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled. "Pet daycare" means any commercial facility where four or more dogs or other pet animals are left by their owners for periods of supervised social interaction in play groups with other animals of the same species for the majority of the time the pets are at the facility during the hours the facility is open to the public. "Pet shop" means any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells, or offers to sell, or rents such live animals to the public or to retail outlets. "Police dog" means a dog used by a law enforcement agency and specially trained for law enforcement work. "Potentially dangerous dog" means a dog the owner reasonably knows has aggressively bitten, attacked or endangered humans and/or domestic animals and includes but is not limited to any dog that meets the definition of "potentially dangerous dog" as defined by RCW 16.08.070. "Proper enclosure" means a securely confined indoor area of the owner's premises, or a securely enclosed and locked pen, kennel, or other exterior structure no less than six feet by 12 feet on the owner's premises, suitable to prevent the entry of young children or human extremities and designed to prevent a potentially dangerous or vicious animal from escaping. Such pen, kennel, or other structure shall have secure sides and a secure top, and provide protection from the elements for the dog. If such pen, kennel, or structure has no bottom secured to the sides, the sides shall be embedded not less than finro feet into the ground. Doors, windows, or other openings enclosed solely by wire or mesh screening shall not be considered a proper enclosure as defined in this section. Ordinance No. 11- Page 3 of 7 Rev 1/10 "Provocation"includes taunting, teasing, willfully causing undue pain and/or unlawful entry upon or into the owner's property. "Running at large" means to be off the premises of the owner and neither secured by a leash nor under control of the owner or other competent person. "Service anima/"means any animal trained or being trained for the purposes of assisting or accommodating a person's sensory, mental, or physical disability and used for that purpose. "Severe injury" means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. "Shelter" means a facility which is used to house or contain stray, homeless, abandoned or unwanted animals and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals. - "Special hobby kennel license" means a license issued to pet owners, under certain conditions, who do not meet the requirements for a hobby kennel license, to allow them to retain only those specific dogs and cats then in their possession until such time as the death or transfer of such animals reduces the number they possess to the legal limit set forth in this title. "Under control" means the animal is under voice-competent and/or signal control so as to thereby be restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner. "Vicious" means the act of or the propensity to do any act endangering the safety of any person, animal, or property, including but not limited to biting a human being, attacking human beings, or attacking domesticated animals without provocation. Section 2. FWRC 9.18.020 is hereby amended to read as follows: 9.18.020 Cruelty violations. It is unlawful for a person to: (1) Abandon a domestic animal by dropping off or leaving such animal on the street, or in any other public place, or on the private property of another; (2) Willfully run down with a vehicle an animal. A person who kills or injures an animal while driving a vehicle shall stop at the scene of the accident and shall render such assistance as is reasonable, shall make a reasonable effort to locate and identify himself to the owner or keeper of the animal, and shall report the accident immediately to the police department; (3) Sell or offer for sale or to give away living baby rabbits, chicks, ducklings, or other fowl that are under two months of age or that have been dyed or colored, or otherwise treated so as to have an artificial color, but this subsection shall not be construed so as to prohibit the sale or display of natural baby rabbits, chicks, ducklings, or other fowl in proper brooder facilities by hatcheries or stores engaged in selling them for commercial purposes. (4) No person shall leave or confine an animal in any unattended motor vehicle under conditions that endanqer the health or well-beinq of an animal due to heat, cold, lack of adequate ventilation or lack of food or water or other circumstances that could reasonablv be expected to cause sufferinq, disability, or death to the animal. (a) A law enforcement officer or animal services officer is authorized to take all steps that are reasonably necessary for the removal of an animal form a motor vehicle, includinq, but not limited to breakinq into the motor vehicle, after a reasonable effort to locate the owner or other person responsible. Ordinance No. 11- Page 4 of 7 Rev 1/10 Section 3. FWRC 9.18.100 is hereby amended to read as follows: 9.18.100 Public nuisances. (1) The owner of any animal shall not allow such animal to be or become a public nuisance, do any act deemed a public nuisance, or otherwise violate this chapter. (2) The following are declared to be public nuisances: (a) Any dog running at large within the city is a public nuisance. This section does not apply when the dog is on the property of another person with the permission of the owner of the property; on public property designated to allow dog competitions sanctioned by national organizations; at animal shows, exhibitions or organized dog-training classes where at least 24 hours' advance notice has been given to the animal services authority; or in an officially designated off-leash area of a city park during the designated times. � (b) An animal that enters any place where food is stored, prepared, served or sold to the public, or any other public building' or hall, is a public nuisance. This section shall not apply to veterinary offices or hospitals, or to animal shows, exhibitions or organized dog-training classes where at least 24 hours' advance notice has been given to the animal services authority. (c) A female dog, while in heat, accessible to other male animals, except for controlled and planned breeding, is a public nuisance. (d) An animal which chases, runs after, or jumps at vehicles using the public streets and alleys is a public nuisance. (e) An animal which ^^ m�ro +h,,, „�o ,,,.,.��,,,., snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public parks, sidewalks, streets, alleys or other public ways is a public nuisance. (f) Any animal which has exhibited vicious propensities and which constitutes a danger to the safety of persons or property off the premises of its owner or lawfully on such premises is a public nuisance. A vicious animal or animal with vicious propensities which runs at large at any time, or such an animal off the owner's premises not securely leashed or confined and in the control of a person of suitable age and discretion to control or restrain such an animal, is a public nuisance. (g) An animal which howls, yelps, whines, barks or makes other oral noises, in such a manner as to disturb any person or neighborhood to an unreasonable degree, is a public nuisance. (h) Any domesticated animal which enters upon another person's property without the permission of that person. (i) Animals staked, tethered or kept on public property without prior written consent of the animal services authority. (j) Animals on any public property and not under the control of the owner or other competent person. (k) Animals kept, harbored or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian. (I) Animals running in packs. (m) Any animal which enters a public playground or school ground without permission from the school. (n) Pet owners must remove all fecal material deposited by their pets on propertv they do not own, includinq neiqhbors' vards, city parks, school propertv, public riqhts of wav, etc. Each person in control of the pet must have materials to remove and dispose of in a sanitary manner feces left bv their pet when thev are off their own propertv. (3) This section does not apply to service animals. Ordinance No. I1- Page S of 7 Rev 1/10 Section 4. FWRC 9.18.110 is hereby amended to read as follows: 9.18.110 Animai declared a public nuisance — Abatement. An animal that has been the subject of three convictions of a violation of this chapter in a period of 365 days or an animal that bites or attacks a person or persons without provocation twice within a five-year period is a public nuisance and mav be required to be removed from within the city. If deemed necessaN. the animal services authority shall follow the procedures set out in Chapter 1.15 FWRC in order to abate such animal. After the completion of such abatement procedures, an animal subject to removal from the city as provided in this section that is found within the city shall be impounded and treated as an unredeemed animal with no right of redemption by its owner or keeper. Section 5. FWRC 9.25.030 is hereby amended to read as follows: 9.25.030 Confiscation. A dog shall be confiscated by the animal services authority if the dog has been deemed a dangerous dog and the owner has received notice under this chapter and has either failed to appeal or has been denied relief following appeal. A dog may be impounded if the animal services authority has deemed it a dangerous dog prior to final determination. Any dangerous dog impounded or confiscated under this section prior to final determination will be held at the owner's expense pending appeal of the classification or violation. Upon final determination the humane destruction of the doq will occur �+ m�+v hc a,�.,,,�o,� „f �n�7 #ho ,,,.,.,or ti�� .,,, riivhf 4� ror�oom �,,,.h ,�„�. However, upon showing of good cause and in the sound discretion of the animal services authority, the dog may be released to the owner for removal from within the city limits. Section 6. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 11- Page 6 of 7 Rev 1/10 Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errars, references, ordinance numbering, section/subsection numbers and any references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this _ day of April 2011. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. I1- Page 7 of 7 Rev 1/10 COUNCIL MEETING DATE: �• TEM #: � C. _ ................ .... _ . _ _�. �1�--�--�e-t_1..Ma�c h. _1 �. ... _i. ......... _ - ► � � � ........................... ............ ... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJEC'T: 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 REPORT BY: Chief Brian Wilson � Ordinance ❑ Resolution MEETING DATE: 02/08/2011 ❑ 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: ,r3. ��frvj��/► ,(,Ll..►�,.� �� Committee Councit COMMITTEE RECOMMENDATION I move to forward the proposed ordinance to First Reading on February 1 S 2011City Council meeting. Committee C COUNCIL MOTION(S): , ^ � 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): `7 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # � ❑ DENIED 1sT reading L,.' �5 •p1� � ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # Pawnbroker and Secondhand Dealer Differences RCW 19.60 addresses pawnbrokers and secondhand dealers together. Federal Way Revised Code 12.15 likewise addresses pawnbrokers and secondhand dealers together. ISSUE CITY PROPOSAL ENGROSSED SUBSTITUTE HOUSE BILL 1716 Define rightful owner Possession of property prior to None theft or removal without authorization Define secondhand Lists more places: hotels, gas Limits the location to flea dealer stations, tattoo parlors, taverns markets and swap meets for number of times er ear. Create secondhand None Separates precious metal precious metal dealer secondhand dealer; more than 3 times per year at flea market and swap meets; Excludes gold, silver, nlatinum coins or other coins that are le�al tender and recious metal bullions Define secondhand Add exclusion for used, None goods (property) remanufactured, or junk motor vehicles or boats Define transaction None Pledge, purchase, consignment or trade of personal property by pawnbroker or secondhand dealer from eneral ublic Define loan period None Date from loan until paid off, in default, refinanced and now documents Business license Post business license Precious metal secondhand conspicuously; temporary dealer required to obtain secondhand dealer business business license license Required entry into Same for pawnbrokers and None database for police secondhand dealers; entry within 24 hours Business book Same for pawnbrokers and Separate section for precious secondhand dealers. metals secondhand dealers: Additional requirements: Adds time of transaction 1. Address where property removed 2. Ri ht thumb rint Holding period 30 days 30 days for precious metals . (already 30 days for pawnbrokers RCW� 19.60.050); signed declaration to exclude purchases from pawn shop, jeweler, secondhand dealer or - secondhand dealer precious metals Hours of operation Treats secondhand dealers and None awnbrokers the same Published list by Incorporated from EHB 1716 List of those convicted of police theft for precious metal secondhand dealer to use for transactions Penalties Reference RCW 19.60.66 Gross misdemeanor (gross misdemeanor) Felony None Precious metal secondhand dealer: second or subsequent violations class C felony Class C secondhand precious metal dealer 2 or more violations Exclusions None Motor vehicle dealers Vehicle wreckers, hulk haulers,scrap processors Persons giving an allowance for a trade-in or exchange Persons in business of buying or selling empty food and beverage containers Hosted home parties None 1. Secondhand precious metals dealers must: (1) issue receipts with transaction: (1) identifying host, seller, purchaser, (2) describing item, (3) time & date transaction, (4) amount. 2. Four copies of receipt to: seller, host, buyer, and police. All keep recei t3 years 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 /' 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 enforcement mechanism whereby failure to document transactions and/or 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 meta/s"means metals derived from a metal iunk or precious metals that have been reduced to a melted state from other than ore or inqots which are produced from ore that has not previously been processed. "Metal iunk" means anv metal that has previouslv 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 nonmetal iunk does not include an item made in a former period which has enhanced value because of its aqe. "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 Ordinance No. 11- Page 1 of 6 Rev 1/10 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 qold, 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 part in the purchase, sale, barter, sale on consignment, or otherwise exchanges for value secondhand goods including metal iunk melted metals whether or not the person maintains a fixed place of business. Secondhand dealer also includes persons or entities conductinq business at locations within the City includinq but not limited to flea markets, swap meets, hotels, qas stations, tattoo parlors, and taverns, and conductinq business more than three times per year �r �uh� �oe.,� � , , , , , , , , , , , • "Secondhand goods" means anv item of personal property offered bv sale which is not new, including metals in any form except postaqe stamps, coins that re leqal tender, bullion in the form of fabricated hallmarked bars, used books, and clothinq of resale value of seventv-five dollars or less, except furs. Secondhand qoods �" ��+ ^� rom'+r�� f�n�i �roiJ ni+l+i'1�+ o,,,.o.,+ ;+ , does not include used, remanufactured, or junk motor vehicles or boats. "Tempora►v secondhand dealer license" means a license that will be issued bY the City Clerk when the secondhand dealer intends to conduct business for ninetv davs or less at one location. Section 2. FWRC 12.15.140 is hereby amended to read as follows: 12.15.140 Required. � 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 qranted 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 enqaqe in secondhand dealinq for ninetY davs or less at one location without first obtaininq a Temporarv Secondhand Dealer License from the Citv Clerk. Section 3. FWRC 12.15.230 is hereby amended to read as follows: 12.15.230 �es�e�s-Information Required to be entered into data base and into a business book. �eq�i� (1) Data base. Everv pawnbroker and secondhand dealer shall enter within finrenty-four (24) hours anv and all requested information into the data base qrescribed bv the law enforcement aaency (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, � age, date of birth, height, weight, address, telephone number, the general description of the dress, complexion, color of hair and facial appearance of Orclinance No. 11- Page 2 of 6 Rev 1/10 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 siqnature of the pgrson with whom the transaction is made. a nhoto conv of both sides of an official qicture identification card and the riaht thumb nrint. (g)The name, address and telephone number of the owner of the properry bought or received in pledge; (�f The address of the ptace from which the property bought or received in pledge was last removed; (�) 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; (�h) The price paid or the amount loaned; (�i) The number of any pawn ticket issued therefore; or (��) 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. � 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. (2) Upon request from law enforcement, evenr pawnbroker and secondhand dealer doinq business in the Citv shall furnish a full, true, and correct transcript of the record of all transactions conducted on the precedinq dav. These transactions shall be recorded into the database prescribed bv law enforcement within twenty-four hours. Section 5. Chapter 12.15 of the FWRC is hereby amended to add a new section 12.15.245 to read as follows: .� � - • • � - � . • � � • • • . � � • � � - � . • � - • 1 � l • 1 . - • - ' 1 •� -� • .I 11" 1 • 1 1' l I'l 1' �, i � � •� .�� •1��.�� - �._ � . • . � . � • � � • � • � • • - � • � ' � . � � • � ' ( • � � � • . • • �� - - • ' • � 1 - • • � ' Section 6. 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 �a �Q days after the receipt of such goods has been reported to the law enforcement authority for the ciry as provided herein, except when the goods have been inspected by the law enforcement authority for the city and Ordinance No. 11- Page 3 of 6 Rev 1/10 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 7. 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 �ep-place of business for transaction of any business whatsoever therein, between the hours of 8:00 p.m. and 7:00 a.m., except that from December 1 st to December 24th of each year, when pawnbrokers may remain open until 10:00 p.m. Section 8. Chapter 12 of the Federal Way Revised Code is hereby amended to add a new section 12.15.330 to read as follows: 12.15.330 Prohibited Acts — Penaltv. RCW 19.60.066 is herebv adopted bv reference. It is a qross misdemeanor for: � Any person to remove, alter, or obliterate anv manufacturer's make, model, or serial number, personal identification number, or identifvinq marks enqraved or etched upon an item of personal propertv that was purchased, cosiqned, or received in pledqe. In addition an item shall not be accepted for pledqe or a secondhand purchase where the manufacturer's make, model, or serial number, personal identification number, or identifvinq marks enqraved or etched upon an item of personal propertv has been removed, altered, or obliterated; � Any person to knowinqlv make, cause, or allow to be made any false entry or misstatement of anv material matter in anv book, record, or writinq required to be kept under this chapter; � Anv pawnbroker or secondhand dealer to receive any propertv from anv person under the aae of eiqhteen vears, any person under the influence of intoxicatinq liquor or druqs, or any person known to the pawnbroker or secondhand deafer as havinq been convicted of burqlarv, robberv, theft or possession of or receivinq stolen property within the past ten vears whether the person is actinq in his/her own behalf or as the aqent of another; � Any pawnbroker to engaqe in the business of cashinq or sellinct checks, drafts, monev orders, or other commercial paper servinq the same purpose unless the pawnbroker compties with the provisions of chapter 31.45 RCW; or � Anv qerson to violate knowinqlv any other provision of this chapter. Section 9. 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, Ordinance No. II - Page 4 of 6 Rev 1/10 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 10. 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 1 l. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 12. 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, SKII' PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON Ordinance No. I 1- Page S of 6 Rev 1/10 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ord�2011 \code update — pawnbrokers precious metals(2).doc Ordinance No. II- Page 6 of 6 Rev 1/10 COUNCIL MEETING DATE: • � ITEM #:�__ _. ._ ..............__..._._.._......................__...................._. __ _ _.............................. _ ............................... _._. _. _................ ........... 4�.:�]._.� 5�. 2-O...1..1............_...._.._..._......................._..._............._...................._.....---..........._...._....._.... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2011 CARRY-FORWARD BUDGET ADJUSTMENT POLICY QUESTION Should the City Council approve the 2011 Carry-Forward Budget Adjustment? COMMITTEE Finance, Economic Development and Regional Affairs CATEGORY: ❑ Consent � Ordinance MEETING DATE: February 22, 2010 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ O the r STAFF REPORT BY: Tho Kraus, Finance Directo� DEPT: Finance Attachments: • Budget Adjustment Memo • General & Street Fund Results of Operations � Carry-forward Budget Requests • Ordinance Options Considered: 1. Approve the 2011 Carry-Forward Budget Adjustment Ordinance as presented. 2. Provide direction to staff on modifications to the 2011 Carry-Forward Budget Adjustment Ordinance and forward to the full Council at the March 1, 2011 Council Meeting. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: __�(�l�_ _�� DIRECTOR APPROVAL: '�omm�ttee Council Committee Co� COMMITTEE RECOMMENDATION I move to forrvard the proposed ordinance to First Reading on March 1, 2011. 1 READING OF ORDINANCE (MARCH 1 , 2011): I move to forward approval of the ordinance to the March 15, 2011 Council Meeting for adoption. 2" READING OF ORDINANCE (MARCH 15 2011): `7 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ��- � — ��,� � ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # PROPOSED COUNCIL MOTION(S): CITY OF FEDERAL WAY MEMORANDUM Date: February 15, 2011 To: Mike Park, Chair Finance, Economic Development and Regional AfFairs Committee Via: Skip Priest, Mayor From: Tho Kraus, Finance Director Subject: 2011 Carry Forward Budget Adjustment Ordinance BACKGRQUND The proposed carry forward budget adjustment makes the following types of modifications to the current biennium budget: 1. Revise Beginning Fund Balance — adjust the beginning fund balance from the estimated amount used during budget deliberation to the actual as we conclude fisca12010 activities; 2. Continue Existing Projects — appropriate projects that were budgeted in the prior year, but not completed and will continue during the current year; 3. Grant Funded Projects — appropriate projects funded by grants and contributions; 4. Technical Adjustments — correct the adopted budget and incorporate programs Council previously approved; 5. New Programs — on an exception basis appropriate projects not previously approved by Council; and 6. Other — reduce budgets as a result of frugal innovation and management changes. GENERAL&' STREET FUND 2010 Year-End Estimates Compared to Actual Results (see attached General & Street Fund Results of Operations) The General and Street Fund 2010 actual ending fund balance of $8,538K is $3,146K over and above the $5,392K projected for 2010 year-end. However, of this amount, $1,219K'(net of revenues and reductions as a result of frugal innovation and management) is needed to implement the proposed budget adjustment. This results in an adjusted excess ending balance of $1,927K. The 2012 revised ending fund balance after the proposed carry-forward budget adjustments is $4,828K compared to the adopted $2,901K. While the ending fund balance is higher than projected, it should be noted that the $1,927K increase in ending fund balance is considered one-time funds. And also, as a reminder, excluding COPS Rehiring grant funded officers, there are 16.50 positions funded on a one-time basis in 2012 totaling $1,979K. Fourteen (14) of these one-time funded positions are police officers. The $3,146K increase in ending fund balance befare the proposed budget adjustments is made up of $214K in additional revenues/other sources an $2,932K unspent expenditures/other uses. The $214K increase in revenues is attributable to: $131K sales tax; $108K gambling tax; $85K property tax; $90K parks & recreation fees; $81K criminal justice sales tax; $64K building permits and fees; $SSK court revenue; $36K franchise fees; $12K business licenses; $2K leasehold sales ta�c; and $1K other miscellaneous; offset by decreases in ($20K) public works permits/fees; ($SK} intergovernmental; ($3K) police services; $(241K) prop 1 utility tax transfer; and ($182K) grants/other one-time. The $2,932K unspent expenditures is amibutable to: $563K Public Works Streets; $431K Police; $395K Mayar's Office; $291K Community Development; $206K Parks & Recreation; $187K Human Resources/City Clerk; $127K Law; $114K Economic Development; $62K Finance; $60K Municipal Court; $18K City Council; and $478K in grants/other one-time. Proposed Budget Adjustments The proposed carry-forward budget does not include adjustments to property tax, gambling tax or liquor profits revenue. This will be reviewed as part of the preliminary mid-biennium budget adjustment which is scheduled to be presented to the Finance, Economic Development and Regional Affairs Committee in June. The $1,219K proposed carry-forward budget adjustment (net of revenues) is comprised of: $1,290K for continuation of existing projects; $39K for technical acijustments; $851K for new program requests; offset by ($961K) reductions due to management changes/frugal innovation. Grandcontribution funded projects total $584K but are offset by grant/contribution revenues. Unless otherwise noted, the proposed budget adjustments are one-time funded. Continuation o ExistingProjects — Tota1$1,290K • $420K Public Employees Retirement Systems Reserves for potential future rate increases; • $82K City Center Redevelopment for permits, consultant, etc.; • $44K Public Defender for 2010 open cases; • $99K in Information Technology ($3K personnel retro pay, $7K temporary help, $11K copier/printer cost increase, $SK SafeCity m&o, $73K Microsoft Enterprise renewal) • $31K in Human Resources/City Clerk ($3K city-wide training, $4K wellness program, $lOK labor negotiations, $15K family medical leave temporary help � • $202K in Community Development ($68K permit system upgrade, $9K graffiti., program, $85K abatement/demolition funds, $31K shoreline master plan, $lOK backfill planning staffl; •$ l OK in Finance for temporary help for family medical leave and electronic records retention; • $110K in Law ($60K outside legal counsel, $SOK for Risk Mgmt insurance deductibles); • $79K in Parks and Recreation ($7K Resource Conservation Manager, $31K wire theft, $41K Arts Commission Cultural Plan) • $144K in Police ($103K Seizure Funds, $9K explorer program, $1K animal services, $31K City match for Ballistic Vest Partnership and Secure Our Schools grant. • $67K in Public Works ($65K joint emergency operations center funds, $2K community preparedness grant) Technical Adjustments — Total $39K • $8K adjustments to personnel cost to more accurately reflect projected salary & benefits; •($98K) elimination of termination pay and reduction in outplacement services due to payments made in 2010 using department savings; and • $129K in Contingency Reserves needed for 2012 reserves. New Programs — Total $85IK • $425K in Risk Management for future deductibles and pending claims for damages; • $26K in Parks for Lakehaven Utility District LID assessment on open space parcel; • $20K in Parks for energy retrofit service maintenance agreement (balance needed); and • $380K in Police and Non-Police earmarked specifically for potential gasoline cost increases: FruQal lnnovation/Management ChanQes — Total Reduction ($961K) •($882K) reduction in salary and benefits as a result of Mayor's management changes; •($57K) reduction in travel & training (ongoing reduction); • ($9K) elimination of Council Retreat Facilitator (not funded in 2013 and beyond); and •($13K) elimination of National League of Cities dues (not funded in 2013 and beyond) Grant Funded Projects- Total $584K, net cost $0 • $168K in Mayor's Office far Community Weatherization and Public Defender Grant ` • $6K in Human Services for United Way Solution Grant • $29K in Community Development and Public Works for Communities Putting Prevention to Work Grant • $306K in Police for DUI Target Zero, Ballistic Vest Partnership Program, Secure our Schools, JAG, Patrol Task Force, and Registered Sex Offender grants • $75K in Public Works for Commute Trip Reduction and Signal Timing grants UTILITY TAX FUND The carry-forward budget adjustment does not take into consideration of potential reductions in cellular phone or other utility tax trends. This will be reviewed as part of the preliminary mid-biennium budget adjustment in June. The table below provides for a comparison of actual results to year-end estimates. Actual revenues came in $294K or 2.3% higher than anticipated. The 2011 adopted estimate is below 2010's actual by $425K or 3.3%. QTHER DESIGNATED OR PR(?JECT SPECIFIC FUNDS The remaining adjustments are for continuation of designated programs or capital project funds. These adjustments include: Capital Improvement Projects — Total $9.416K • $945K in Downtown Redevelopment CIP for $195K continuation of projects and $750K transfer to Civic Center-Performing Arts/Conference Center; • $1,493K in Municipal Facilities CIP for $537K continuation of projects and $956K for Civic Center-Performing Arts/Conference Center schematic design and infrastructure improvements; •$728K in Parks CIP for continuation of projects; • $1,429K in Surface Water Management CIP for continuation of projects; and • $4,821K in Transportation CIP far continuation of projects. Designated Funds/Programs — Total $1,386K • $561K for asphalt overlay program; • $218K for hoteUmotel lodging tax; • $SOK for red light photo potential maintenance and operations expenses; and • $557K for special studies/contracts/government access channel program. Enterprise Funds — Total $236K •$81K far Surface Water Management fund for continuation of projects ; and • $155K for Dumas Bay Centre fund for continuation of projects and potential deferred maintenance. Internal Service Funds — Total $1,454K •$475K in Risk Management Fund for future/pending deductibles and pending claims for damages; •($22K) reduction in Information Technology Fund for continuation of projects offset by effect of management changes; • $11K in Mail & Duplication Fund for copier/printer cost increases; • $395K in Fleet & Equipment Fund for continuation of projects, anticipated gasoline cost increases and eliminate replacement of CD pools; and • $595K in Buildings & Furnishings Fund for grant projects. TQTAL BUllGET ADJUSTM�IVT The overall biennium budget adjustment, including General/Street fund transfers of $113,799 totals $14,410,857. Please see attached list for details of the Mayor's recommended adjustments. YND Estimate GENERAL & STREET FUND 2010 vs. Actual RESULTS OF OPERATIONS .4Rnua1 YND Favorable / Bud et Estimate Actual (Unfavorable) Car Forward Re uest Itemized Total Be innin Fund Balance $8,345,195 $8,345,204 $8,345,195 $ 9 OPERATING REVENUES Pro e Taxes 9,329,370 9,529,370 9,614,187 84,81'7 - - Sales Tax 10,578,000 IQ578,000 10,708,959 130,959 - - Criminal Justice Sales Tax 1,740,000 1,620,000 1,701,120 81,120 - - Inter ovemmental 2,386,000 2,543,000 2,538,462 4,538 - - Leasehold Ta�c 4,000 4,000 5,757 1,757 - - Gamblin T�es 1,110,000 385,000 493,487 108,487 - - Court Revenue 1,47�,469 1,503,469 1,558,931 55,462 - - Buildin Permits/Fees-CD 1,251,000 1,251,000 1,314,602 63,602 - - ROW Permits & Dev Svcs Fees-PW 349,000 348,000 328,455 19,545 - - Business Licenses 240,000 240,000 251,620 I 1,620 - - Franchise Fees 995,000 945,000 980,891 35,891 - - Pazks & Recreation Fees 775,000 823,805 913,832 90,027 - - Public Safe 811,000 811,000 808,162 2,838 - - Admin/Cash Mana ement Fees 639,755 639,755 640,460 705 - - Interest/Misc/Other 392,250 392,250 392,422 172 - Utili Tax for eratio�s 6,092,665 6,092,665 6,092,665 -- - Red Li t Photo for CT/PD/"I'R 830 000 830 000 830 000 - - Subtotal 39,000,509 38,536,314 39,174,012 637,698 - Utili TaxforPro 1 3,396,049 3,396,049 3,154,879 241,170 n/a - 1-Time Time Transfers In / Grants / Othe 1 137 677 1 137 677 955 373 182 304 Grants & Contributions 583 965 'I'otak Rs�enues & Other Sources 43'S34 235 '43 (170 U40 43 284 64 214 22Q Total'Revenue'Gar -Forward Ad' S83 65'' OPERATING EXPENDITURES City Council 432,645 432,645 414,733 17,912 Eliminate Council Retreat Facilitator ($9,000); (22,000) Eliminate National League of Cities Dues ($13,000) City Manager/Mayor 1,714,325 1,714,325 1,319,670 394,655 Grants $153,246; Public Defender $58,817 212,063 Municipal Court 1,488,253 1,488,253 1,428,247 60,006 - - Economic Development 404,921 404,921 290,857 114,064 City Center Redevelopment (Permits, Consultant, etc) 82,269 Human Resouroes 1,148,879 1,148,879 961,622 187,257 Outplacement Services ($30,400); City-Wide 897 Training $2,526; LaborNegotiations $10,000; Wellness $3771; Temporary Help $I5,000 Finance 979,647 979,647 917,770 61,877 Temporary Help FMLA $7,000; Temporary Help 10,000 Electronic Records Retention $3,000 Civil/Criminal Legal Services 1,546,079 1,546,079 1,419,355 126,724 Outside Legal Counsel 60,000 Community Development 3,796,427 3,787,789 3,496,864 290,925 United Way Grant $6,403; Permit System Upgrade 217,859 $67,736; Gr�ti Program $8,837; Abatement Funds $84,883; Shoreline Master Plan $31,329; CPPW Grant Program $18,671 Police & Jail Services 25,027,173 25,027,173 24,596,590 430,583 Grants $114,341; Animal Services $1,000; Explorers 424,170 $8,829; Gasoline Increase $300,000 Pazks and Recreation 3,897,787 4,037,315 3,830,994 206,321 Resource Conservation Manager $6,890; Wire Theft I 125,428 $31,286; Arts Comm Cultural Plan $40,512; � Lakehave� LID Assessment on Open Space $26,285; Energy Retrofit Maintenance Service Agreement Public Works 4,717,933 4,704,314 4,141,643 562,671 Joint EOC Funds $65,391; Community Prepazedness 242,405 Grant $1,800; Commute Trip Reduction Grant $58,390; Signal Timing Grant $16,740; CPPW Grant $20,084; Gasoline Increase $80K Internal Service Funds - - - - Risk Mgmt Future & Settled Deductibles and Pe�ding 5'74,410 Claims for Damages $475,000; IT Retro Pay $3,059; Temporary Help $7,000; Copier/Printer Contract Cost Increase $11,000; SafeCity M&O $5,411; Microsoft Enterprise Agreement Renewal $72,940 Frugal Innovation/Mgmt Changes/Other - - - - Management Changes ($882,356); Travel & Training (998,953) net of Street Fund Subsidy ($56,962); Personnel & Terxnination Pay Adj ($59,635) Subtotal 45,154,069 45,271,340 42,818,345 2,452,995 Contin enc Reserves 1,200,000 - - - Contingency Reserves Balance for 2012 128,560 Pension Reserves $420,000; Seizure Funds $103,434; One-Time Transfers Out / Other 1 269 751 751 623 272 983 478 640 Grants $222 256 745 690 Tatal �x nditures' & Other Usrs 47 623 820 '46 U22 963 43 091 2$ ' 2 931 `'635 Total Ex enditure'Car -Forward Ad' i' 02 798 Endin >Fund Balance $4' S5 610>' $5 92` 81 $S 538131 `$ 3145''$50 Net Ex enditure Car forward Ad' I'' 18 33 CITY OF FEDERAL WAY 2011 CARRY-FORWARD ADJUSTMENT Prfl ed 2QI1' ZQ1"2 ' General Fund: Citv-Wide / Non-Deparimental Personnel Cost Savings due to Management Changes (527,030) (355,326) Reduction in Travel & Training Budgets (28,481) (28,481) Adj to Adopted Budget - Corrections to Personnel Cost Projections 5,054 3,211 Adj to Adopted Budget - Eliminate Termination Pay (payments were made at the end of 2010) (67,900) - Public Employees Retirement Systems Reserves for Potential Future Rate Increases 420,000 - General & Street Fund Subsidy - To Fund Public Works Street Fund Carry-Forward Requests 103,671 36,480 Citv Council Eliminate Council Retreat Facilitator (4,500) (4,500) Eliminate National League of Cities Association Dues (6,500) (6,500) Mavor's �ce Economic Development - City Center Redevelopment (Permits, Consultant, etc.) 82,269 - Community Weatherization Recovery Grant 153,246 - Public Defender ($14,497 grant expenditures /$44,320 carry over for 2010 open cases) 58,817 - Contingency Reserves Needed for 2012 - 128,560 Information Technology Internal Service Charge - 2010 Retro Pay for Various Employees 3,059 - Internal Service Charge - Temporary Help (Window 7/Office 2010 Upgrade) 7,000 - Internal Service Charge - Increase Copier/Printer M&O Cost (due to unexpected contracted cancellation by vendor) 11,000 - Internal Service Charge - SafeCity M&O 5,411 - Internal Service Charge - Microsoft Enterprise Agreement Renewal 72,940 - Human Resources Non-mandatory City-wide Training (managing stress, reducing conflict, effective communication) 2,526 - Labor Negotiations (4 of 5 bargaining units in progress) 10,000 - Wellness Program $2,508 and Flu Shots $1,263 (provide for full funding if subsidy not provided medical insurance provider) 3,771 - Reduce Outplacement Services Budgeted for 12 Employees (30,400) - Family Medical Leave Temporary Help in City Clerk's Office 15,000 - Community Development Admin - Transfers Admin Assistant 0.50 FTE from CD-Administration to Human Services (35,905) (37,198) Human Services - Transfers Admin Assistant 0.50 FTE from CD-Administration to Human Services 35,905 37,198 Human Services - United Way New Solutions Grant Balance 6,403 - Building - Permit System Upgrade Funded by Designated Automation Fees 67,736 - Building - Graffiti Program Supplies & Temporary Help 8,837 - Building - Abatement Funds 84,883 - Planning - Shoreline Master Plan 31,329 - Communities Putting Prevention to Work (CPPW) Grant Project Balance 18,471 200 Finance Temporary help - FMLA Leave $7,000 / Electronic Records Retention $3,000 10,000 - Law Outside Legal Counsel 60,000 - Internal Service Charge - Risk Mgmt - Future Deductibles $324,470 / Settled Deductibles $25,000 / Pending Claims for Damages $125,530 ($425K of the request is New Program) 475,000 - CITY OF FEDERAL WAY 2011 CARRY-FORWARD ADJUSTMENT Pro , as�d . 201 � , Ztkt2 Parks & Recreation Resource Conservation Manager - City Portion of Cost 6,890 - Wire Theft 31,286 - Arts Commission Cultural Plan 40,512 - New Program - Energy Retrofit Program - Service Maintenance Agreement 17,244 3,211 New Program - Lakehaven Utility District LID Assessment on Open Space Parcel 26,285 - Police Seizure Funds - State $61,514 / Federal $41,920 103,434 - Explorer Program g - Animal Services Program - Funded by 2010 Donation Received 1,000 - New Program -Internal Service Charge for Police Gasoline Cost Increase (specifically earmarked for gasoline cost increase) 150,000 I50,000 2010 WA State Traffic Safety Commission Grant - DUI Target Zero 1,912 - 2010-2011 WA State Traffic Safety Commission Grant - DUI Target Zero 6,211 - 2010 Ballistic Vest Partnership Program -$15,165 Grant Funded /$15,165 Local Match 30,330 - 2009 Ballistic Vest Partnership Program -$6,566 Grant Funded /$6,566 Local Match 13,132 - Secure Our Schools Program - Funded by $28,097 Grant, $9,365 City, $9,365 FWSD, $9,365 GFW EOC 56,192 - 2009 JAG ARRA Grant 55,026 - 2009 JAG Spillman Grant 49,431 - 2010 JAG Grant 48,623 - 2010 Patrol Task Force Grant 65,085 - 2010/I 1 Registered Sex Offender Grant 10,655 - Street Fund: PW/EOC - Joint EOC Funds -$27,401 Current Year Balance /$37,990 Prior Year's Balance 65,391 - PW/EOC - Community Preparedness Grant - City's Grant 1,800 - PW/TR - Commute Trip Reduction, Funded by Grant 58,390 - PW/ST-Signal Timing ARRA Grant-Exp (Total $121,740 less $lOSK in Adopted)) 16,740 - New Program -Internal Service Charge for Non-Police Gasoline Cost Increase (specifically earmarked for gasoline cost increase) 40,000 40,000 Communities Putting Prevention to Work (CPPW) Grant Balance 20,084 - Ad' to Ado ted Bud et - Allocate Internal Service Char es Net Decrease from General to Street Fund (14,045) (12,307) Subtotal General & Street Fund 1,962,049' (45,452} Arterial Street Fund: Asphalt Overlay 561,374 - HoteUMotel Taz Fund: Hotel/Motel Tax Fund Allocation as Adopted by Council on 2/1/11 212,200 5,330 TiaJfic Safety Fund: Traffic Safety Earmarked or Potential Ex enditures 50,000 - Subtotal Special Reveuue Funds 823,574 5,33Q Downtown Redevelopment CIP Fund: Transfer to Civic Center-Performing Arts/Conference Center 750,000 - Healthcare Innovation - Grant Funding $30,590 / City Portion $61,249 91,839 - Business Incubator 100,000 - AMC Theatre Utilities and Rent-a-Fence 3,000 - CITY OF FEDERAL WAY 2011 CARRY-FORWARD ADJUSTMENT P�ro ed �Q�� a�� Municipa[ Facilities CIP Fund: Federal Way Community Center - Project Balance 436,707 - Major Facility Rehab-West Hylebos, Steel Lake Annex, Fishers Pond 95,947 - Emergency Equipment - Project Balance 3,921 - Civic Center-Peforming Arts/Conference Center Design - Funded by Transfer In from Downtown Redevelopment CIP, Reduced by Amount Expended in 2010 742,007 - Civic Center-Peforming Ars/Conference Center Design - Infrastructure Improvements - Grant Funding $100,000 / City Portion $114,000 214,000 - Parks CIP Fund: Major Maintenance - Parks Facilities - Project Balance 73,576 - Madrona Park (for Signage) - Project Balance 7,296 - Downtown Park - Project Balance 96,050 - Playgrounds - Project Balance 181,253 - Lakota Park - Project Balance 90,534 - West Hylebos Boardwalk Replacement - Project Balance 28,756 - Sacajawea Park Master Plan - Project Balance 26,120 - Planning - Impact Fees Study/Open Space Mgmt Plan - Project Balance 4,222 - Laurelwood - Project Balance 166,098 - Panther Lake Open Space: Feasibility Study and Master Plan - Project Balance 54,200 - Celebration Park Maintenance Facility - Project Balance 2� - Surface Water Management CIP Fund: - Small CIP - Project Balance $7,250 / Return Unspent to SWM Operations Fund $144,798 152,048 - SW 356th Regional Storm Water Facility - Project Balance 8,692 - West Hylebos Basin Land Acquisition - Project Balance $346,522 / Grant Funded $341,342 687,864 - W Hy(ebos Creek Headwaters Restoration & Culvert Replace - Project Balance 580,343 - Transportation CIP Fund: Annual Transportation System Safety Improvements - Project Balance 957,944 - S 348th St at lst Ave S-Add Turn Lanes Funded by Urban Vitality Grant 1,044,339 - S 320th St 20th Ave South - Project Balance 14,822 - SW 312th St SR509 - ReduceBudget by Amount Spent in Prior Year (2,563) - S 320th St-8th Ave S-SR99 - Project Balance 187,831 - lOth Ave SW/Sw344th St:SW Campus Dr-21st AveSW - Project Balance 2,452 - lst Ave South & South 28th Intersection - Project Balance 11,648 - S 336th St:l8th Ave S-IS - Project Balance 75 - S352nd St Extension From SR99 to SR161 - Project Balance 333,609 - S 320th St SW at 21st Ave SW - Project Balance 4,124 - S 320th St: lst Ave to 8th Ave S- Project Balance 58,285 - S 304th St 28th Ave South - Project Balance 1,435 - S 320th St@I-5 - Reduce Project due to Timing of Payments ($2,678,375), Funded by Grant $3,030,929 352,554 - S 356th St: SR99-161 - Project Balance 18,002 - lst Ave South :So 292nd St - So 312th St - Project Balance 19 - SR99 HOV Lanes Ph. IV - Reduce Project due to Payments Made in 2010 ($5,164,262) / Grant Funding $5,225,278 / Lakehaven ILA $1,007,032 / Mitigation Fees $50,000 1,118,048 - South 312th St @ 28th Ave South - Project Balance 841 - Military Road South - South Star Lake Road-South 288th - Project Balance 10,553 - CITY OF FEDERAL WAY 2011 CARRY-FORWARD ADJUSTMENT Pr�► os�d �aa� zu�z SW 320th St @ 47th Ave SW - Project Balance 1,110 - SW 336th Way/SW 304th St: 26th Place SW - Hoyt Road - Project Balance 21,285 - Zlst Ave SW SW 336th St - Grant $487,500 / Project Balance $7,757 495,257 City-Wide Flashing Yellow Lights Installation - Project Batance 6,280 - SR 99 South 312th - Project Balance 63,000 - SW 344th St: 12th Ave SW to 21st Ave SW - Project Balance 1,751 - Ci -Wide Pedestrian Safet Im rovements - Pro'ect Balance 120,456 - Subtotal Capital Project Funds 9,417,650 - Surface Water Management Fund: Steel Lake Management District - Balance of Funds 2,868 - North Lake Management District - Balance of Funds 1,955 - Water Resource Inventory Area (WRIA) - 2010 Payment 7,300 - Sea Lettuce Removal - Grant Funding $47,124 / Local Match $15,708 62,832 - Kitts Corner Instrumentation Contract 7,250 - Adjust NPDES Grant to Reflect Actual Grant Award - (1,372) Dumas Bay Centre Fund: Marketing Study & Implementation Plan Balance 37,118 - Microphone Balance 5,383 - Curtain Fireproofing Balance 16,000 - Dishwasher Purchase (Estimated, Lease vs Purchase Evaluation to be Completed) 6,000 - Appropriate Balance of 1-Time Funds for Unexpected Repairs & Maint, including Sprinkler Heads 90,535 - Risk Management Fund: Future Deductibles $625,000 / Settled Deductives $25,000 / Pending Claims for Damages $425,000 1,075,000 - Eliminate Deductibles Approved in Adopted Budget (reallocated to specific known cases in 20ll) (300,000) (300,000) Information Technology Fund: 2010 Retro Pay for Various Employees 3,059 - Temporary Help for Window 7/ Office 2010 Upgrade 7,000 - Management Changes - Effect of Eliminating Information Technology Tech II (92,577) (99,888) CDBL - Permit System Upgrade - Funded by Designated Automation Fees 67,736 - Web Re-design -$7,075 Start-up Funded by Replacement Reserves /$5,280 M&O Funding by Redirecting a portion of Annual Replacement Reserves 7,075 5,280 SafeCity M&O Balance 5,411 - Microsoft Enterprise Agreement Renewal ($5550 Funded by Replacement Reserves) 78,490 5,550 Adj to Adopted Budget - Reduce Code Compliance M&O Expense (4,453) (4,453) Mail & Duplication Services Fund: - Copier/Printer Maintenance Cost Increase - Due to Vendor's Cancellation of Contract 11,000 - Fleet & Equipment Fund: Gasoline Cost Increase (Police $150,000 / City-Hall $40,000) 190,000 190,000 Replace 3 Leased Harley (#8013, #8023, #8042) with New Honda Purchase - funded by reserves 72,000 - Eliminate Replacement of CD Pool Vehicles #301, #302 (source was reserves $49,550, grant $20,000) (49,550) - Adj to Adopted Budget - Reduce Frozen Code Compliance M&O Expense (3,624) (3,624) Buildings & Furnishings Fund: Resource Conservation Mgr - Funded by GrandContrib $51,500, City of Auburn $58,390, City $6,890 116,780 - Energy Retrofit Program Capital Expense - Funded by Grant $415,297 and Puget Sound Energy Contribution $42,106 457,403 - CITY OF FEDERAL WAY Total Biennium Adjustment 14,410,857 Less General/Street Fund Subsidy (113,799) Total Adjustments Excluding Transfers Between General & Street Fund 14,297,058 Note - For purposes of the 2010 year-end results comparison and carry forward budget adjustment, Economic Development and Human Services divisions are accounted for in their respective departments prior to the 2011 management changes. 2011 CARRY-FORWARD ADJUSTMENT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE TO CARRY FORWARD FUNDS REVISING THE 2011-12 BIENNIAL BUDGET (Amending Ordinance No. 10-677). WHEREAS, the t� estimates and budget for the City of Federal Way, Washington, for the 2011-12 fiscal biennium have been prepared and filed on October 19, 2010 as provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for hearing on the budget and said notice stating copies of the budget can be obtained on-line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way having held public hearings on November 2 and November 16, 2010, and having considered the public testimony presented; WHEREAS, the City Council enacted the 2011-12 Biennial Budget on December 7, 2010, to become effective on January l, 2011; WHEREAS, the City Council finds it necessary to revise the 2011-12 Biennial Budget as a result of funds to be carried forward from 2010; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l. Amendment. Exhibits A entitled "2011/12 Adopted Budgets" in Ordinance No. 10-677 is hereby amended to Exhibit B(1) —"2011 Revised Budget" and Exhibit B(2) —"2012 Revised Budget" to include the 2010 carry forward funds into the adopted budgets for 2011 and Ordinance No. 11- Page 1 of 3 Rev 1/10 2012. Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget approved herein. Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declazes that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ardinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PAS SED by the City Council of the City of Federal Way this _ day of 2011. Ordinance No. 11- Page 2 of 3 Rev 1/10 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TQ FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 11- Page 3 of 3 • Rev 1/10 EXHIBIT A 2011/2012 ADOPTED BUDGETS zu�� n�2 Beginning Fund Beginniug Fund Ending Funt1 : Fun� Balance Revenue E�pendFtu�re 8�lance Bevenae �xpeaditure Balance General Fund $ 5,292,275 $ 43,542,351 $ 43,752,800 $ 5,081,826 $ 38,467,811 $ 40,748,229 $ 2,801,425 Special Revenue Funds: Street 100,000 4,420,613 4,420,613 100,000 4,342,923 4,342,923 100,000 Arterial Street - 1,513,500 1,513,500 - 1,523,500 1,523,500 - UtilityTax 3,199,666 12,496,000 12,775,508 2,920,158 12,576,000 12,886,357 2,609,798 Solid Waste/Recyding 136,968 413,243 415,118 135,093 414,120 420,575 128,637 Special ContracbStudies - - - - - Hotel/Motel Lodging Tax - 160,300 160,300 - 161,300 161,300 2% for Arts - - - - - - CommunityCenter 670,378 2,251,422 2,142,839 778,961 2,264,622 2,177,404 866,178 Traffic Safety Fund 480,288 830,000 1,205,000 105,288 830,000 830,000 105,288 Grants-CDBG - 171,090 171,090 - 173,179 173,179 - Paths and Trails 132,768 161,000 153,000 140,768 163,000 155,000 148,768 Debt Service Fund 2,915,604 1,830,000 2,082,726 2,662,878 1,830,000 2,182,669 2,310,209 Capital Project Funds: Downtown Redevelopment 2,976,204 - - 2,976,204 - - 2,976,204 Municipal Facilities - - - - - Parks 1,565,585 428,000 1,089,580 904,005 430,000 375,000 959,006 Surface Water Management 1,744,225 222,000 391,992 1,574,233 680,000 860,714 1,393,519 Transportation 26,078,793 4,908,000 24,901,000 6,085,793 7,022,000 11,269,000 1,838,793 Enterprise Fund: SurfaceWaterManagement 2,001,189 3,396,505 3,554,591 1,843,103 3,302,505 3,571,814 1,573,794 Dumas Bay Centre 76,817 629,318 617,964 88,171 635,732 625,126 98,777 Internal Service Funds: Risk Management 5,357,573 739,573 1,019,573 5,077,573 769,268 1,049,268 4,797,573 Information Technology 3,101,026 2,080,167 2,026,633 3,154,560 2,116,598 2,046,612 3,224,546 Mail & Duplication 347,633 182,087 209,056 320,664 182,087 208,056 294,695 Fleet & Equipment 4,648,158 2,179,132 1,824,451 5,002,839 2,212,185 1,709,777 5,505,247 Buildin s& Fumishin s 1,454,962 550,946 511,179 1,494,729 552,059 446,426 1,600,362 Grand Total All Funds $ 62,280,093 $ 83,105,248 $ 104,938,499 $ 40,446,841 $ 80,648,890 $ 87,762,913 $ 33,332,818 EXHIBIT B (1) 2011 REVISED BUDGET B� fnnln' Fi�r�dBalan�e ' Revereue enditure' Ending Fund r�� m��rnt s�»�ent ev se no� mou�[� ' uslmettt ' evrs� ' �r mnunl A uslrn�nl �v �e .�' l�u�d �alance . General Fund $ 5,292,275 $ 3,145,842 $ 8,438,117 $ 43,542,351 $ 488,551 $ 44,030,902 $ 43,752,800 $ 1,777,209 $ 45,530,009 $ 6,939,009 S ecial Revenue Funds: Street 100,000 - 100,000 4,420,613 184,840 4,605,453 4,420,613 184,840 4,605,453 100,000 Arterial Street - 561,374 561,374 1,513,500 1,513,500 1,513,500 561,374 2,074,874 0 UtilityTa�c 3,199,666 510,515 3,710,181 12,496,000 - 12,496,000 12,775,508 12,775,508 3,430,673 Solid Waste/Rec clin 136,968 (1,870) 135,098 413,243 413,243 415,118 415,118 133,223 S ecial ContracUStudies - 557,474 557,474 - - - 557,474 557,474 - HoteUMotel Lod in Tax 215,657 215,657 160,300 (1,300) 159,000 160,300 212,200 372,500 2,157 2% for the Arts 293 293 - 293 293 (0) FW Communi Center 670,378 110,376 780,754 2,251,422 - 2,251,422 2,142,839 - 2,142,839 889,337 Traffic Safe 480,288 353,232 833,520 830,000 - 830,000 1,205,000 50,000 1,255,000 408,520 Grants - CDBG - - - 171,090 - 171,090 171,090 - 171,090 Paths and Trails 132,768 3,593 136,361 161,000 161,000 153,000 153,000 144,361 Debt Service.Fund 2,915,604 463,821 3,379,425 1,830,000 - 1,83Q000 2,082,726 - 2,082,726 3,126,699 Ca ital Pro'ect Funds: Downtown Redevelo ment 2,976,204 29,602 3,005,806 - 30,590 30,590 944,839 944,839 2,091,557 City Facilities - 204,913 204,913 - 1,287,671 1,287,671 - 1,492,582 1,492,582 2 Parks 1,565,585 728,219 2,293,804 428,000 - 428,000 1,089,580 728,125 1,817,705 904,099 SWM 1,744,225 798,018 2,542,243 222,000 341,342 563,342 391,992 1,428,947 1,820,939 1,284,646 Trans ortation 26,078,793 (5,977,546) 20,101,247 4,908,000 10,879,238 15,787,238 24,901,000 4,823,157 29,724,157 6,164,328 Enter rise Fund: Surface Water Mana ement 2,001,189 273,072 2,274,261 3,396,505 191,922 3,588,427 3,554,591 82,205 3,636,796 2,225,891 Dumas Bay Center 76,817 70,165 146,982 629,318 629,318 617,964 155,036 773,000 3,300 Internal Service Funds: Risk Mana ement 5,357,573 74,209 5,431,782 739,573 475,000 1,214,573 1,019,573 775,000 1,794,573 4,851,782 Information S stems 3,101,026 140,784 3,241,810 2,080,167 57,978 2,138,145 2,026,633 71,741 2,098,374 3,281,581 Su ort Services 347,633 (35,225) 312,408 182,087 11,000 193,087 209,056 11,000 220,056 285,439 Fleet & E ui ment 4,648,158 219,296 4,867,454 2,179,132 162,925 2,342,057 1,824,451 208,826 2,033,277 5,176,234 Buildin s& Furnishin s 1,454,962 9,008 1,463,970 550,946 591,426 1,142,372 511,179 591,426 1,102,605 1,503,738 7�ota[All Funrl� S ;62,2,�O,�1�3 $ ' 2,454,S�1 �69,13� 914 ', $ 83,�1�5.247 $ 14, �111,183 - $5�7,806 d3� $flf4.F.��,49�1 S 14,65b,1?4 �'114x594,781 ' $ 42,946,576 EXHIBIT B (2) 2012 REVISED BUDGET Be inn�n F'r�nd Balanee RevenuQ ' ' E enditure Enrl�ng '; Fund PriorAmaun� .3d ustment ' Re�tsed FrlarAmuunl �d u�tment 1��vi��d Prtor�tmount ' A iestmenl ' Revitsed' Fund BnlanCe ' General Fund $ 5,081,826 $ 1,857,183 $ 6,939,009 $ 38,467,811 $ 200 $ 38,468,011 $ 40,748,229 $ (69,626) $ 4Q678,603 $ 4,728,417 S ecial Revenue Funds: Stree 100,000 (0) 100,000 4,342,923 24,173 4,367,096 4,342,923 24,173 4,367,096 100,000 Arterial Street - 0 0 1,523,500 1,523,500 1,523,500 - 1,523,500 0 Utili Tax 2,920,158 510,515 3,430,673 12,576,000 - 12,576,000 12,886,357 - 12,886,357 3,120,316 Solid Waste/Recyclin 135,093 (1,870) 133,223 414,120 - 414,120 420,575 - 420,575 126,768 S ecial ContracdStudies - - - - Hotel/Motel Lodgin Tax - 2,157 2,157 161,300 8,400 169,700 161,300 5,330 166,630 5,227 2% for the Arts (0) (0) - - - - - ��) Federal Way Comm. Cente 778,961 110,376 889,337 2,264,622 2,264,622 2,177,404 - 2,177,404 976,555 Traffic Safety 105,288 303,232 408,520 830,000 830,000 830,000 - 830,000 408,520 Grants - CDBG - - - 173,179 - 173,179 173,179 173,179 - Paths and Trails 140,768 3,593 144,361 163,000 - 163,000 155,000 - 155,000 152,361 Debt Service Fund 2,662,878 463,821 3,126,699 1,830,000 - 1,83Q000 2,182,669 - 2,182,669 2,774,030 Capital Project Funds: Downtown Redevelopment 2,976,204 (884,647) 2,091,557 - - - - - 2,091,557 Ci Facilities 2 2 - - � Parks 904,005 94 904,099 430,000 430,000 375,000 - 375,000 959,099 SWM 1,574,233 (289,587) 1,284,646 680,000 680,000 860,714 - 860,714 1,103,932 Streets 6,085,793 78,535 6,164,328 7,022,000 - 7,022,000 11,269,000 11,269,000 1,917,328 Enter rise Fund: SurfaceWaterMana emen 1,843,103 382,788 2,225,891 3,302,505 (1,372) 3,301,133 3,571,814 (1,372) 3,570,442 1,956,582 Dumas Ba Center 88,171 (84,871) 3,300 635,732 - 635,732 625,126 - 625,126 13,906 Internal Service Funds: Risk Mana ement 5,077,573 (225,791) 4,851,782 769,268 - 769,268 1,049,268 (300,000) 749,268 4,871,782 Information Systems 3,154,560 127,021 3,281,581 2,116,598 (105,479) 2,011,119 2,046,612 (93,511) 1,953,101 3,339,599 Su ort Services 320,664 (35,225) 285,439 182,087 - 182,087 208,056 - 208,056 259,470 Fleet & Equi ment 5,002,839 173,395 5,176,234 2,212,185 183,517 2,395,702 1,709,777 186,376 1,896,153 5,675,783 Buildin s& Furnishin s 1,494,729 9,009 1,503,738 552,059 3,211 555,270 446,426 3,211 449,637 1,609,371 TvtaF�l�Funds�', $.4I�446,��5 $ �,499,73lt'� $Sf2,9�6,5�'6 $ 8(1,6�f8,1��9 $'� 112,65i! �8�,?�X�S39 $ Y7,7d2,�1� '�� d3�� $B�sSI7,3'l�l $ ��,31�,IFn,6US�'