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Council PKT 07-19-2011 RegularCITY OF � Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall July 19, 2011 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION a. Certificates of Appointment — Diversity Commission b. Charter Presentation for the Aktion Club of Federal Way c. Fourth of July After-Action Report d. Mayor's Emerging Issues • Sound Transit Strategy • Employee Health Care Plan 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SL/P AND TURN IT IN 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 minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval. All items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: July 5, 2011 Special and Regular Meetings ...paye 3 b. Siteline Park & Playground Products Retainage Release ...page �� c. Allplay Systems Retainage Release ...page �2 d. First Amendment to the MacDonald-Miller Energy Performance Agreement ...paye �3 e. Amendment of the City's 2011 CDBG Annual Plan ...page 2� 6. COUNCIL BUSINESS a. Cancellation of August 16, 2011 City Council Meeting ...page 25 The Council may add items and take action on items not listed on the agenda. 7. ORDINANCES First Reading: a. CB #576 Amendinq Federal Wav Revised Code Chapter 2.05 Article II. Reqardinq Public Defense Standards ...page 2s An Ordinance of the City of Federal Way, Washington relating to public defense; amending sections of Chapfer 2.05 of the FWRC. b. CB #577 Amendinq Federal Wav Revised Code 3.35.030 Reqardinq Aqqressive Begqinq ...page 31 An Ordinance of the City of Federal Way, Washingfon relating to aggressive begging; amending FWRC 6.35.030. Second Reading: c. CB #575 Citizens Initiative and Referendum Process ...page 3� An Ordinance of the City of Federal Way, Washington, relating to Processing Citizen Initiatives and Referendums; amending FWRC 1.30.070 repealing FWRC 1.30.080; 1.30.090; 1.30.100; 1.30.110; 1.30.120; 1.30.130; 1.30.140; 1.30.150 and 1.30.290. 8. COUNCIL REPORTS 9. MAYOR'S REPORT 10. EXECUTIVE SESSION • Collective Bargaining pursuant to RCW 42.30.140(4)(b) 11. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. COUNCIL MEETING DATE: July 19, 2011 ITEM #: _ ..__ _......_ _...... .. _...__. _..... _. _....... _ __ .. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.►ECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes of the July 5, 2011 Special and Regular Meetings? COMMITTEE N/A CATEGORY: � Consent ❑ City Council Business � � Ordinance Resolution STAFF REPORT BY: Carol McNeilly City Clerk Attachments: Draft meeting minutes from the July 5, 2011 Special and Regular Meetings. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. lYIEETING DATE: N/fl ❑ Public Hearing ❑ Other DEPT Human Resources STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY CLERK APPROVAL: N/f1 �� DIRECTOR APPROVAL: N/�9 Conmiittee Coun Conunittee COMMITTEE RECOMMENDATION N/A N/A cou„�;� PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCII, 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 � Federaf Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall July 5, 2011 6:00 p.m. www. cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 6:00 p.m. Councilmembers present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Jim Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. COMMISSION INTERVIEWS - Diversity Commission The Council interviewed two candidates for appointment to the Diversity Commission. 3. ADJOURNMENT Mayor Priest adjourned the meeting at 6:50 p.m. ATTEST: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — July 5, 2011 Special Meeting Page 1 of 1 CITY OF , � Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall July 5, 2011 7:00 pm www. cityoffederalway. 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 Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Councilmember Park led the Pledge of Allegiance. 3. PRESENTATIONS a. Puqet Sound Enerqv — Rock the Bulb Event Mayor Priest announced Puget Sound Energy is hosting their annual Rock the Bulb campaign and they will be at the Federal Way Northshore Ace Hardware store on July 9 and 10. Mayor Priest introduced Gary Nomensen from Puget Sound Energy. Mr. Nomensen stated PSE is offering residents the opportunity to exchange up to ten incandescent light bulbs for Energy Star compact fluorescent bulbs at the event. b. Certificates of Appointment — Ethics Board Deputy Mayor Duclos read the Certificates of Appointment for Tony Aparicio and Donald Dennis into the record. The City Council appointed both individuals to the Ethics Board on June 21, 2011. c. Proclamation - Parks and Recreation Month Councilmember Burbidge read the proclamation into the record and declared July as Parks and Recreation month in the City of Federal Way. Councilmember Burbidge presented the proclamation to Parks and Public Works Director Cary Roe. Mr. Roe thanked the Council for the proclamation and reported on the 18 Annual Red W hite and Blues festival and the upcoming Summer Concert Series. d. Civic Center Update City Council Minutes — July 5, 2011 Rega�lar Meeting Page 1 of 6 Administrative Services Director Bryant Enge reported Council approved funding for the Civic Center in February 2011. The City solicited proposals from A&E firms to prepare initial design concepts. The City re-engaged Webb Management and fifteen proposals were received. The Advisory Committee selected LNM Architects, who presented three concepts for the site. The next step is to have LNM develop initial site sketches and to follow up with the stakeholders. e. Mayor's Emerqinq Issues Mayor Priest reported the Council would conduct a Special Meeting on July 19 at 5:30 p.m. to review the responses to the RFQ for the AMC Theatre site. Mayor Priest stated the next emerging issue regards the City's Neighborhood Stabilization Program (NSP). Administrative Services Director Bryant Enge reviewed the City's current housing stability efforts, which include the Community Development Block Grants, NSP1, ARRA Grants, and Neighborhood Stabilization Program Phase 3. Council Executive Assistant Brook Lindquist spoke regarding the NSP Phase 3 Program. The City was awarded $1.693 million dollars to acquire, rehabilitate and sell fourteen homes in the Westway neighborhood. The City will be working with Habitat for Humanity for the rehabs. Next steps include contract completion by mid-July and the projects will start August 2011. People can apply by calling 206-723-4355. Pastor Jon Schmick provided some history on the re-vitalization efforts that have taken place in the Westway neighborhood with the Build-A-Bridge Organization. 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP & PRESENT lT 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 inferrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. Norma Blanchard spoke regarding the initiative and referendum discussion that occurred at the FEDRAC meeting. She also asked the Council to adopt term limits. Roqer Flyqare stated he would like to see the Civic Center developed on the AMC Theatre site. He encouraged the Council to work with Centerstage on the Civic Center development. Bob Celski encouraged the Council to include a Veterans' Memorial in the development of the AMC Theatre Site. Clara McArthur spoke in favor of the Council adopting term fimits. Kimberlv Shaflik thanked the Police Departments Gang Unit for their efforts in closing a drug house on 24 Place South. Donald Barovic asked how much the fine is for discarding a cigarette/cigar from a moving vehicle and for the number citations the Police issued over the Fourth of July. Betty Taylor asked the Council to extend the public comment period from three to five minutes. She also spoke in support of the National Night Out event on August 2, 2011. Susan Honda thanked the Council and staff for posting signs to address parking issues near the King County Aquatic Center. She recommended using a Park and Ride for overflow parking during events at the Aquatic Center. City Council Minutes — July 5, 2011 Regular Meeting Page 2 of 6 Keith Tyler spoke regarding the Federal Way Revised Code and its impact on loca� businesses. MOTION: Councilmember Ferrell moved to have an agenda item at FEDRAC to discuss Council term limits. Deputy Mayor Duclos second. AMENDMENT: Councilmember povey moved to have this item before a Council Committee of the Whole. VOTE: Amendment carried 7-0. VOTE: Amended main motion carried 7-0. MOTION: Deputy Mayor Duclos moved that the Council also discuss the timeline for collection of signatures on initiative and referendums. Councilmember Ferrell second VOTE: Motion carried 7-0. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirefy by a Council Committee of three members and broughf 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: June 21, 2011 Special and Regular Meeting Approved b. Monthly Financial Report Approved c. Vouchers Approved d. Energy Conservation Measures Approved e. Secondary Internet Connection Approved MOTION: Deputy Mayor Duclos moved approval of items 5a through 5e. Councilmember Dovey second. VOTE: Motion carried 7-0. 6. PUBLIC HEARING a. Vacation of a Portion of SW 340 Mayor Priest stated pursuant to RCW 35.79.030, the purpose of the public hearing is to accept public comment on the proposed vacation of a portion of SW 340'" Street located on the South side of SW 340 Street, east of 13' Court, adjacent to lot 34 of the Wynstone Plat. Mayor Priest declared the public hearing open at 8:17 p.m. Street System Engineer John Mulkey reviewed the street vacation process. He stated Quadrant Corporation has petitioned the City to vacate a portion of SW 340 Street. The area is a twenty-foot wide portion of right-of-way along SW 340 Street adjacent to lot 34 of the Wynstone Plat. The area was used as part of a cul-de-sac prior to the development of the plat. Mr. Mulkey reviewed the mandatory and discretionary criteria a street vacation must meet for approval. Mayor Priest called for public comment. Hearing none he declared the public comment period closed. City Council Minutes — July 5, 2011 Regular Meeting Page 3 of 6 MOTION: Councilmember Kochmar moved approval of the request for street vacation and directed the City Attorney to prepare and ordinance vacating a portion of the right-of-way within SW 340 Street and present to Council for first reading upon payment for the land and granting of required easements for utilities. Councilmember Ferrell second. VOTE: Motion carried 7-0. MOTION: Councilmember Kochmar moved to close the public hearing. Councilmember Burbidge second. VOTE: Motion carried 7-0. 7. COUNCIL BUSINESS a. Diversitv Commission Appointments MOTION: Deputy Mayor Duclos moved to re-appoint Gregory Baruso and Chris Brown as voting members with terms expiring May 31, 2014, and appoint Jessicka Rambus as a voting member to the Diversity Commission and appoint Joseph Kuria as an alternate member both with terms expiring May 31, 2014. Councilmember Dovey second. VOTE: Motion carried 7-0. 8. ORDINANCES First Reading: a. CB #575 Citizens Initiative and Referendum Process An Ordinance of the City of Federal Way, Washington, relating to Processing Citizen Initiatives and Referendums; amending FWRC 1.30.070 repealing FWRC 1.30.080; 1.30.090; 1.30.100; 1.30.110; 1.30.120; 1.30.130; 1.30.140; 1.30.150 and 1.30.290. City Attorney Richardson stated this amendment is in regards to how initiative and referendums are processed. The current City Code specifies the form and content of petitions and states the City Clerk is responsible (instead of King County Elections Office) to determine if the petition is sufficient and to certify the determination to the City Council. Staff is proposing to amend the City Code by incorporating state law, applying consistent format throughout the Code and clarifying the process. State law was changed in 1996 regarding the determination of whether signatures are valid on petitions. State law also specifies the form and necessary language for petitions. Lastly, the County is responsible for determining the number of requisite signatures and certifying the signatures are valid. City Clerk McNeilly read the ordinance title into the record. MOTION: Deputy Mayor Duclos moved approval of the proposed ordinance to incorporate State law forthe citizen and initiative and referendum process at the July 5, 2011 City Council meeting and forward it for enactment at the July 19, 2011 City Council meeting. Councilmember Park second. VOTE: Motion carried 7-0. Second Reading: b. CB #573 Christian Faith Center Development Aqreement Amendment An Ordinance of the City of Federal Way, Washington, relating to amending the Christian Faith Center Concomitant and Development Agreement, amending Ordinance No. 04-461. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to approve the ordinance. City Council Minutes — July 5, 2011 Regular Meeting Page 4 of 6 Councilmember Ferrell second. VOTE: Motion carried 7-0. Ordinance 11-692. c. CB #574 Amendinq Federal Way Revised Code Chapter 12.50 Reqardinq False Alarms An Ordinance of the City of Federal Way, Washington, relating to false alarms; amending sections of Chapter 12.50. Mayor Priest stated when the ordinance was presented for first reading at the June 21, 2011 City Council meeting the Council voted to modify the proposed fee structure for false alarms to allow the first and second alarms to be free. This modification will be reflected in the City's Fee Schedule. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Burbidge moved approval of the proposed ordinance updating Chapter 12.50 FWRC Alarms and authorized the Finance Director to amend the City's Fee schedule accordingly. Councilmember Park second. VOTE: Motion carried 7-0. Ordinance 11-693. 9. COUNCIL REPORTS Councilmember Ferrell reported on the discussion at the FEDRAC meeting regarding the responses from the RFQ for the AMC Theatre site. Councilmember Kochmar thanked the Police and the Parks Departments for their work with the Red White and Blues festival. She reported on two hearings she attended regarding the Part 150 Noise Study. Councilmember Park asked Police Chief Brian Wilson how many 911 calls were received regarding fireworks on the Fourth of July and how many calls they responded to. He noted the next FEDRAC meeting is July 26. Councilmember Burbidge reported the next PRHSPS meeting is July 12. She noted the SheROX Triathlon is this coming weekend. She also thanked Pastor Schmick, Habitat for Humanity and AmeriCorps for their work in the community. Councilmember povey reported the Seattle to Portland bike ride is this coming weekend. Councilmember Freeman thanked the individuals who organized the Relay for Life Event. He asked the Council to discuss Betty Taylor's request to extend the public comment period. He asked when the crossing signals on 320 would be operational. Parks and Public Works Director Cary Roe stated the crossing signals should be operational by late August. Deputy Mayor Duclos thanked the staff for a wonderful job on the Red White and Blues Festival. 10. MAYOR'S REPORT Mayor Priest had no report. City Council Minutes — July 5, 2011 Regular Meeting Page 5 of 6 � �i �_\ � 1� L� 1 � l:�► t►� i I� � t I Mayor Priest adjourned the meeting at 8:49 p.m. ATTEST: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — July 5, 2011 Regular Meeting Page 6 of 6 COUNCIL MEETING DATE: July 19, 2011 CITY OF FEDERAL WAY CITY COUNCIL ITEM #: AGENDA BILL SUBJECT: SITELINES PARK & PLAYGROUND PRODUCTS RETAINAGE RELEASE POLICY QUESTION Should the City accept the project with Sitelines Park & Playground Products as complete and authorize staff to release their Retainage? COMMITTEE PRHSPS CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: Jason Parks & Facilities Sunervisor MEETING DATE: July 12, 2011 ❑ Public Hearing ❑ Other DErT: PRCS 1�5h ►�c:,��— t'1•�thlc,J..11� History: The City worked with Sitelines Park &�'layground Products through King County Directors Association (KCDA) to supply and install a new play structure at �e Park. They successfully completed this project and prior to release of Retainage on any Public Works project; the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Expenditure Summary: $49,562.14 – total invoiced 4,708.40 – sales tax $54,270.54 – total project cost =$2,478.11 Retainage (5% held from the $54,270.54) Options Considered: Accept the project as complete Do not accept the project as complete and give staff direction. MAYOR'S RECOMMENDATION Council accept the project as complete and authorize staff to release Retainage in the amount of $2,478.11 to KCDA. MAYOR APPROVAL: /�� /�� j�� DIRECTOR APPROVAL: `� "' Co �ttee Cou �l Committee Council COMMITTEE RECOMMENDATION I move to forward to full Council on July 19 for approval and accept the project as complete and authorize staff to release Retainage in the amount of $2,478.11 to KCDA. � �� Committee Chair �- ----------. � � _ � �,�- — , ,r� <' -��x-; Committee Member PROPOSED COUNCIL MOTION "I move to accept the project as complete and authorize staff to release Retainage in the amount of $2,478.11 to KCDA. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: July 19, 2011 CITY OF FEDERAL WAY CITY COUNCIL ITEM #:�_ AGENDA BILL SUBJECT: ALLPLAY SYSTEMS RETAINAGE RELEASE POLICY QUESTION Should the City accept the project with Allplay Systems as complete and authorize staff to release their Retainage? COMMITTEE PRHSPS CATEGORY: � Consent ❑ City Council Business � � Ordinance Resolution MEETING DATE: July 12, 2011 ❑ Public Hearing ❑ Other STAFF REPORT BY Jason Gerwen, Parks & Facilities Supervisor DErT: PRCS _...__ _ . . ......... .. _..._.. .. .._......_. ...._... ...... _....... . _ ..__._........ ...__._ ....._............ ....._._..... History: The City worked with Allplay Systems through King County Directors Association (KCDA) to supply and install a new play structure at Lake Grove Park. They successfully completed this project and prior to release of Retainage on any Public Warks project; the City Council must accept the wark as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Expenditure Summary: $51,780.16 — total invoiced 4,919.12 — sales tax $56,699.28 — total project cost =$2,589.01 Retainage (5% held from the $56,699.28) Options Considered: Accept the project as complete Do not accept the project as complete and give staff direction. MAYOR'S RECOMMENDATION Council accept the project as complete and authorize staff to release Retainage in the amount of $2,589.01 to KCDA. MAYOR APPROVAL: � � �� DIRECTOR APPROVAL: ��`'/�L Com rttee Counc Committee Council COMMITTEE RECOMMENDATION I move to forward to full Council on July 19`" for approval and accept the project as complete and authorize staff to release Retainage in the amount of $2, 589. 01 to KCDA. �_ ---t----_ (BELOW TO BE COMPLETED BY CITY CLERKS OFFlCE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # PROPOSED COUNCIL MOTION "I move to accept the project as complete and authorize staff to release Retainage in the amount of $2, 589.01 to KCDA. " COUNCIL MEETING DATE: July 19, 2011 ITEM #:�� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FIRST AMENDMENT TO THE MACDONALD MILLER ENERGY PERFORMANCE AGREEMENT POLICY QUESTION Should the Mayor and Council authorize a first amendment to the MacDonald-Miller Performance Agreement and authorize the use of building reserve funds to pay for repairs? COMMITTEE PRHSPS CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPOR'r BY: Jason Gerwen — Parks & Facilities MEETING DATE July 12, 2011 ❑ Public Hearing ❑ Other sor DEPT: PRCS Attachments: First Amendment to the MacDonald—Miller Memo Options Considered: � 1) Authorize a first amendment to the MacDonald-Miller Performance Agreement and authorize �he use of building reserve funds to pay for repairs in the amount of $39,525.00 2) Do not authorize use of building reserve funds and provide direction to staff MAYOR'S RECOMMENDATION Option 1: Authorize a first amendment to the MacDonald-Miller Performance Aareement and authorize the use of buildina reserve funds to pav for reqairs in the amount of $39,525.00 MAYOR APPROVAL: Co ittee DIRECTOR APPROVAL: � �' �" C Committee Council COMMITTEE RECOMMENDATION 1 move to forward the authorization of a first amendment to the MacDonald- Miller Performance Agreement and to use building reserve funds to pay for repairs in the amount of $39,525.00, and authorize the Mayor to move said authorization to the full Council July 19, 2011 consent agenda for approval Chair ` MeiYrb�-- Committee -----_ .�%� ��'_ � �: � _, � � ��-.� `� �._ :�__ � C'� 0 , '�___ G '�20POSED COUNCIL MOTION "1 move approval of authorizing a first amendment to the MacDonald-Miller Performance Agreement and to use building reserve funds to pay for repairs in the amount of $39, 525.00" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED lsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # ` CITY OF � Federal Way Parks and Facilities Division Date: To: From: Via: Subject: June 30, 2011 PRHSPS Council Committee Stephen Ikerd, Parks & Facilities Manager Jason Gerwen, Parks & Facilities Supervisor Mayor Skip Priest First Amendment to the MacDonald-Miller Performance Agreement Background: The City entered into an Energy PerFormance Agreement with MacDonald-Miller Facilities Solutions November 2010 to upgrade City Hall; front end Direct Digital Controls (DDC), replace 3 rooftop HVAC units and install one new unit. This project was funded through an ARRA Grant, PSE rebate program and guaranteed future energy savings. The equipment and controls have been successfully installed. Now that the new front end DDC controls are installed and the system is operating, additional testing has revealed that there are 24 repairs needed to interior equipment. City Hall has 78 heating and cooling zones that are controlled by individual Variable Air Volume boxes (VAV). Each one of these VAV boxes has a proprietary Staefa controller and velocity probe that is obsolete should they fail. Nine (9) of the 24 VAV boxes in need of repairs have Staefa controllers that have failed. There is a universal LON controller upgrade available that will allow these VAV boxes to still function with our new front end controls. Rather than upgrading all Staefa controllers, staff recommends upgrading 15 controllers now and then use the 15 removed Staefa controllers as spare parts for any future failures. This strategy reduces the cost to replace all controllers now and extends our serviceability for a much longer period of time. These needed repairs affect the overall performance and comfort levels in various locations of the building, so we are requesting authorization to use building replacement reserves to make these repairs. Recommendation: Amend the MacDonald-Miller Performance Agreement to include the 24 repairs and replace 15 Staefa controllers in the amount of $39,346.01. Funding for this project would be from the City Hall building replacement reserves. Expenditure summary: Repair estimate 10% contingency Total Amendment Funding summary: Current balance in City Hall replacement reserves Amount requested from replacement reserves Balance in City Hall replacement reserves $13,348.00 — 24 repairs 22,584.00 — 15 LON controllers 3,593.00 $39,525.00 $1, 569, 604.00 39.525.00 $1, 530, 079.00 CC — Cary M Roe; P.E., Director, Parks, Public Works and Emergency Management � MacDonald-Miller FAClLITY SOLUTIONS June 30, 2011 Steve Ikerd City of Federal Way 33325 8th Ave. S. Federal Way, WA 98003 RE: Amendment to 2011 Energy Efficiency Equipment Installation & Services Agreement Dear Steve: Presented below is our amendment to the existing contract. The purpose of the amendment is to give you options for the following: 1) Repair all identified pre-existing conditions pertaining to the variable air volume boxes. Lists of these conditions are attached. In addition, engineer prints show 2, 10" supply diffusers in Mayor's office. There is currently only one. 2) Replacement of fifteen (15) existing Staefa Smart II controllers with the new LON based Predator controllers. Sincerely, Dale L. Mesecher Account Manager MacDonald-Miller Facility Solutions, Inc. Page 1 of 7 �� June 30, 2011 SteveIkerd City of Federal Way 33325 8th Ave. S. Federal Way, WA 98003 Amendment #1 Proposal #2011-14394-DM City of Federal Way City Hall, 33325 8th Ave. S., Federal Way, WA 98003 Initial 1 Cost for Repairing all Pre-existing Conditions to VAV Boxes and Installing Customer Supplied Supply Diffuser in Mayor's office (See attached pre-existing condition report) including sales tax is $13,348.00 2* Replacement of fifteen (15) existing Staefa Smart II controllers with LON based Predator controller, including sales tax is $22,584.00 *Staefa Smart II controllers are obsolete and no longer available for purchase. June 30, 2011 Dale L. Mesecher Date Account Manager MACDONALD MILLER FACILITY SOLUTIONS, INC. City of Federal Way Date Sunday, July 03, 2011 Page 2 of 7 �� VAV Box Pre-Existing Conditions Report June 11, 2011 Envirotech VAV box 1101 Located in Room 1094 False Ceiling The blower wheel is dirty and should be replaced to help prevent possible component damage Price for all parts and labor is $115.00 Envirotech VAV box 1103 Located at PS Counter The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box 1104 Located in Chief Lobby 1057 The limit switch far the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box 2108 Located in CRT Staff Room 1140 The Staefa control velocity probe is defective and will not allow proper cfm distribution to zone when called upon to do so. NO WARRANTY USED PART Our price for all parts and labor is $450.00 Envirotech VAV box 21ll Located in CRT Admin Hall 1138 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box AH 102 Located in Traffic Ha111035 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Sunday, July 03, 2011 Page 3 of 7 � Envirotech VAV box 1219 Located in Judge Area 1143 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box Al207Located in PS Lunch Hall The blower motor in this boxed is seized and will not operate. We recommend this motor be replaced. Our price for all parts and labor is $450.00 Envirotech VAV box 1202 Located in Permits Lobbv 2014 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box 1203 Located Room 2056 The electric heat has been unhooked from this unit. We recommend time be give to diagnose and provide recommendations. In addition, the Staefa control velocity probe is defective and will not allow proper cfm distribution to zone when called upon to do so. NO WARRANTY USED PART. Our price for replacing Staefa VP controller and troubleshooting is $675.00 Envirotech VAV box 1205 Located Room 2025 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box 1212 Located PS Quarter Master 2009 The blower wheel is dirty and should be replaced to help prevent possible component damage. Our price for all parts and labor is Envirotech VAV box 1213 Located IS 2049 The transformer coil is weak and should be replaced before failure occurs. Our price for all parts and labor is $115.00 $110.00 Sunday, July 03, 2011 Page 4 of 7 �� Envirotech VAV box 1215 Located IS 2049 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box 2204 Located in FD 2116 The Staefa control velocity probe is defective and will not allow proper cfm distribution to zone when called upon to do so. NO WARRANTY USED PART Our price for all parts and labor is $450.00 Envirotech VAV box 2205 Locate in C D 2089 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box 2211 Locate in Room 2104 The heating elements in this box were found open and no longer operational. We recommend removing this element assembly, having it re-strung, and reinstalled. Our price for all parts and labor is $600.00 Envirotech VAV box 2214 Located in 2nd Floor Planner 2111 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. The Staefa control velocity probe is defective and will not allow proper air flow. These controllers are obsolete and no longer available for purchase. We recommend replacing with LON based Predator controller. Our price for all parts and labor is $1485.00 Envirotech VAV Box 1220 Located in Room 1128 Report Write The Staefa control velocity probe is defective and will not allow proper air flow. These controllers are obsolete and no longer available far purchase. We recommend replacing with LON based Predator controller. Our price for all parts and labor is $1375.00 Sunday, July 03, 2011 Page 5 of 7 �� Envirotech VAV Box 2109 Located in Room 1140 Crt Staff The Staefa control velocity probe is defective and will not allow proper air flow. These controllers are obsolete and no longer. available for purchase. We recommend replacing with LON based Predator controller. Our price for all parts and labor is $1375.00 Envirotech VAV Box 2203 Located in Room 2116 F.D. The Staefa control velocity probe is defective and will not allow proper air flow. These controllers are obsolete and no longer available for purchase. We recommend replacing with LON based Predator controller. Our price for all parts and labor is $1375.00 Envirotech VAV Box 2213 Located in Room 2092 Crt Room The Staefa control velocity probe is defective and will not allow proper air flow. These controllers are obsolete and no longer available for purchase. We recommend replacing with LON based Predator controller. Our price for all parts and labor is $1375.00 Envirotech VAV Box 1108 Located in Room 1048 Files The damper actuator for this unit has failed and will need to be replaced to allow proper opening and closing of damper for proper air distribution. Our price for all parts and labor is $350.00 Mavor's Office Suuply Diffuser There is currently one supply diffuser serving the majors office. Engineering prints indicate a quantity of two (2) are required for proper air flow. We recommend installing an additional 10" supply diffuser. Customer to supply diffuser. Our price for all material and labor is TOTAL FOR ALL PARTS AND LABOR $12,190.00 $900.00 Sunday, July 03, 2011 Page 6 of 7 COUNCIL MEETING DATE: August 2, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: AMEND THE CITY OF FEDERAL WAY'S 2011 CDBG ANNUAL PLAN POLICY QUESTION: SHOULD THE CITY AMEND ITS 2011 CDBG ANNUAL PLAN? COMMITTEE: PRHSPSC CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: July 11, 2011 ❑ Public Hearing ❑ Other STAFF REPORT BY: Bryant Enge, Administrative Services Director DEPT Mayor's Office Background: Congress reduced the 2011 CDBG funding by 16.4%. Consequently, the City's 2011 allocation was reduced by approximately $129,000, including nearly $12,800 dedicated to CDBG Public Service Programs. The preliminary 2011 CDBG Plan ("Plan") included a Contingency Plan that provided that an increase or a decrease in CDBG would be applied first to the Federal Way Emergency Services Project. This reduction would nearly eliminate all of the Cty's CDBG funds for the HealthPoint Dental Program. Therefore, staff recommends amending this Plan and allocating this reduction proportionately among the three public service projects. Also, the preliminary 2011 CDBG Plan included an approved Capital Plan that allocated $240,179 for Emergency Feeding Program Facility (C11189), $75,000 for SKCAC Community Facility Improvements, and $60,763 for the HCC Microenterprise Development (C11283). The Emergency Feeding Program and SKCAC Community Facility Improvements cannot be achieved. Staff recommends amending the 2011 Plan to reallocate these unexpended funds to the Federal Way Contingency Fund except for approximately $9,800 to make up the cut in the Highline Community College Microenterprise Development program due to the reduction in the CDBG funding. Funds in the Federal Way Contingency Fund will be available to fund the 2012 CDBG Capital Plan. Attachments: Exhibit A— Memorandum to King County advising that the City of Federal Way chooses to amend its 2011 Preliminary CDBG Plan. Options Considered: 1. Staff recommends approve amending the Preliminary CDBG Plan to allocate the $12,754 reduction in the CDBG funding proportionally to each Public Service program and reallocate unexpended CDBG funds to the City of Federal Way's Contingency Fund except for a portion to fully fund the Highline Community College Microenterprise Development program. 2. Not approve the amendment and provide staff alternate direction. MAYOR'S RECOMMENDATION Approve amending the Preliminary CDBG Plan to allocate the $12,754 reduction in the CDBG funding proportionally to the each Public Service program and reallocated CDBG funds to the City of Federal Way's Contingency Fund except for a portion to fully fund the Highline Community College Microenterpnise Dev�elopment program. n MAYOR APPROVAL: _�� / %��'rl(,►' DIRECTOR APPROVAL: Committ � — u� Committee Council � (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 # COMMITTEE RECOMMENDATION I move to forward staff's recommendation to amend the City's Preliminary 2011 CDBG Plan to the August 2, 2011 consent agenda for approva[. � PROPOSED COUNCIL MOTION I move approval of staffs recommendation to amend the City's Preliminary20ll CDBG Plan. EXHIBIT A � . � • �� ~�,. +r June 28, 2011 CITY HALL-OFFICE OFTHE MAYOR � , ��`�+� � 33325 8` Avenue South �� Federal Way, WA 98003-6325 253 835-2402 Kathy Tremper, Community Development Coordinator Housing & Community Development Program 401 Fifth Avenue, Suite 510 Seattle, WA 98104 Re: Amending City of Federal Way's Preliminary CDBG Plans Dear Ms. Tremper: There are several actions requested in this memorandum: Amend the City of Federal Way's Contingency Plan to reflect a reduction in the city's CDBG allocation. In 2011, Congress reduced the CDBG budget by 16.4%. The Contingency Plan provided that an increase or a decrease in the amount of CDBG funding for Public Service would be applied first to the Federal Way Emergency Services Project. This reduction would nearly eliminate all of the City's CDBG funds for the HeatthPoint Dentat Program. Therefore, the City of Federal Way chooses to move to amend the 2011 Contingency Plan to allocate the $12,754 CDBG Public Service Fund reduction proportionally among the three public service projects, HSS1, HSS2 and HSS3. The following schedule represents the revised funding for the three public services projects: Totals after $12,754 reduction distributed proportionately: HSS1: $16,629 (HealthPoint Dental $10,488; MSC Emergency Feeding Program $6,141) HSS2: $32,881 (FWSC Adult Daycare $15,432; Orion Industries Rehabilitation Svc $17,449) HSS3: 15 675 (Institute for Family Development PACT $15,675) Total: $65,185 - The preliminary 2011 CDBG Capital Plan approved $240,179 for Emergency Feeding Program Facility (C11189) and $75,000 for SKCAC Community Facility Improvements. Both of these projects cannot be achieved. The City chooses to amend the 2011 Preliminary Capital Plan to reallocate to the Federal Way Contingency Fund the approved funding for these projects for purposes of the City's 2012 Annual Allocation Plan except for a portion to maintain full funding for the Highlline Community College Microenterprise Development program (see below). - The Preliminary 2011 CDBG Capital Plan approved $60,763 for the HCC Microenterprise Development (C11283). The reduction in this project is $9,843.61. The City requests that $9,843.61 is reallocated from the Emergency Feeding Program Facility to make up the cut in the HCC Microenterprise Development. The balance for the Emergency Feeding Program Facility would be reallocated to the City's Contingency Fund. - In addition, the City requests that unexpended funds be reallocated to the City's Contingency Fund for purposes to be allocated as part of the 2012 Annual Action Plan. Please let me know if you have any questions. Sincerely, Bryant Enge cc: Cheryl Markham Brook Lindquist Denise Catalano COUNCIL MEETING DATE: July 19, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: CANCELLATION OF AUGUST 16, 2011 CITY COUNCIL REGULAR MEETING POLICY QUESTION Should the City Council suspend the Council Rules of Procedure and cancel the August 16, 20ll Regular Meeting? COMMITTEE: N/A CATEGORY: ❑ Consent � City Council Business STAFF REPORT BY: Carol McN Background: MEETING DATE N/A ❑ Public Hearing ❑ Other ❑ Ordinance ❑ Resolution D�PT: City Clerk Historically the City Council has cancelled the second Regular Meeting in August to allow for summer vacations for Councilmembers and staff. Section 2.1 of the Council Rules of Procedure states the City Council will conduct Regular Meetings the first and third Tuesday of each month. Section 24.1 of the Council Rules of Procedure states any provision of the rules not governed by law or ordinance, may be suspended by a two-thirds (2/3) vote of the Council. Options Considered: 1. Cancel the August 16, 2011 Regular Meeting 2. Conduct the August 16, 2011 Regular Meeting MAYORS RECOMMENDATION: N/A MAYORS APPROVAL: N/A �7�� DIRECTOR APPROVAL N/A Committee Co icil Comnuttee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOT7oN: `7 move to suspend the Council Rules of Procedure for the purpose of cancelling the August 16, 2011 City Council Regular Meeting. " (BELOW TO BE COMPLETED BY C/TY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVF.D TO SECOND READING (ordinances only) REVISED — 02/06/2006 CODNCIL B1LL # 1 reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: ITEM #: Q CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT AMEND FEDERAL WAY REVISE CODE CHAPTER 2.05, ARTICLE III, REGARDING PUBLIC DEFENSE STANDARDS POLICY QUESTION Should the Public Defense Standards Ordinance be amended? COMMITTEE: PHHSPS CATEGORY: ❑ Consent ❑ C ity C ouncil Business STAFF REPORT BY: Brvant � Ordinance ❑ Resolution MEETING DATE: July 12, 2011 ❑ Public Hearing ❑ Other DEPT: Mayor's Office The Federal Way Revise Code regarding Public Defense Standards does not arbitrarily establish a caseload limit. The current Code provides for public defenders not to accept more cases than can be reasonably managed. Caseloads anticipated in a contract should allow each client the time and effort necessary to ensure effective representation. The Code currently provides that caseload limits be based on the number and types of cases anticipated. This amendment provides guidance concerning the number and types of cases determining caseload limits. For determining caseload limits public defenders will consider the number and types of cases being accepted for charging by the City Prosecutor's Office. Attachments: Exhibit A: Ordinance Options Considered: 1. Approve amending the Federal Way Revised Code Chapter 2.05, Article III, regarding Public Defense Standards that provides guidance in determining caseload limits for Public Defenders as the number and type of cases accepted for charging by the City Prosecutor's Office. 2. Not approve the amendment and provide staff alternate direction. MAYOR'S RECOMMENDATION Approve amending the Federal Way Revised Code Chapter 2.05, Article III, regarding Public Defense Standards that provides guidance in determining caseload limits for Public Defenders as the number and type of cases accepted for charging by the City P rosecuto r's Office MAYOR APPROVAL: �� d� DIRECTOR APPROVAL: � Comm�nee Co ncil Committee Council COMMITTEE RECOMMENDATION I move to forward the proposed ordinance to First Reading on July 19, 2011. ` �� w (�_ ` Committee Ch ' '�, C � PROPOSED COUNCIL MOTION(S): Member � 1 READING OF ORDINANCE (dULY 19, 2011) I move to forward approval of the ordinance to the August 2 2011 Council Meeting for adoption. 2 READING OF ORDINANCE (AUGUST 2, 2011) "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUTION # � � REVISED — 08/12/2010 EXHIBIT A ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to public defense; amending sections of Chapter 2.05 FWRC. (Amending Ordinance Nos. 10-666 and 09-609.) WHEREAS, Federa( Way Revised Code ("FWRC") Chapter 2.05, Article III, "Public Defense," sets forth the standards for the delivery of public defense services in the City of Federal Way; and WHEREAS, the Washington State Supreme Court is in the process of adopting standards for public defense services that require a more defined case load limit; and WHEREAS, the City's public defense case (oad limits contained in FWRC 2.05.170 are not clearly defined; and WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to update FWRC 2_05.170 to include case load limits that are more clearly defined; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section L FWRC 2.05.170 is hereby amended to read as follows: 2.05.170 Caseload. Caseloads anticipated in a contract for public defender services should allow each client the time and effort necessary to ensure effective representation. Anticipated caseloads should take into account both the number and types of cases anticipated, charging practices, plea bargaining practices, and case handling practices including diversions and other administrative procedures in use or expected to be used. Public defenders should not accept more cases than can be reasonably managed.-, and case load limits should be determined bv the number and �pes of cases being accepted for charginq bv the Citv Prosecutor's Office For purposes of this section, "case" shall be as defined by the most current Public Defender Services Agreement Private attorneys who provide public defense services as a portion of their practice should Ordinance No. ! 1- Page 1 of 3 Rev 1110 dedicate a sufficient amount of time to their public defense caseload based on the percentage of a full-time caseload which the public defense cases represent. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections_ The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section S. 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 201 l. CITY OF FEDERAL WAY Ordinance No. 11- Page 2 0, f 3 Rev 1/10 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 3 of 3 Rev 1/10 COUNCIL MEETING DATE: July 19, 2011 CITY OF FEDERAL WAY ITEM #:_�� CITY COUNCIL AGENDA BILL SUBJECT: AMEND FWRC 6.35.030 OF THE FEDERAL WAY REVISED CODE REGARDING AGGRESSIVE BEGGING POLICY QUESTION Should the City Council approve and adopt the proposed amendments to FWRC 635.030, Aggressive Begging? COMMITTEE: PRHS&PS CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: Patricia Richardson, � Ordinance ❑ Resolution MEETING DATE: 07/12/2011 ❑ Public Hearing ❑ Other DEPT: Law Attachments: Proposed ordinance amending FWRC 635.030; clean copy of proposed FWRC 635.030. Background: Federal Way Revised Code ("FWRC") 635.030, "Aggressive Begging," sets forth the prohibition of aggressive begging in the City of Federal Way. In June, a King County Superiar Court Judge found that portions of FWRC 6.35.030 are unconstitutionally vague as applied. The proposed amendments to FWRC 635.030 makes it clear that the prohibited behaviors are the unwanted acts of intimidation and interference with pedestrian and vehicular traffic, rather than the actual act of begging, which is constitutionally protected speech. This new version has been modeled after the City of Seattle's Pedestrian Interference ordinance, which has been upheld as constitutional. Staff recommends adoption of the proposed amendments. Options Considered: 1. Approve the proposed ordinance amending FWRC 635.030, Aggressive Begging. 2. Modify the proposed ordinance amending FWRC 635.030, Aggressive Begging. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: Commi ee DIRECTOR APPROVAL: l � 'P�- Committee Council COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on July 19, 2011 City Council meeting. � �� -__-� - , _ , .�.� � -- " � _ �1•yi.-r ,�- - \ � �' \�.'_C -.-;� - �r - ;� .i-�,,._ �,� Committee C air Committee Member Commi e mber PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (JULY 19� I move to forward approval of the ordinance to the August 2, 2011 Council Meeting for adoption. 2 ND READING OF ORDINANCE (AUGUST 2): "I move approval of the proposed ordinance amending FWRC 6.35.030, Aggressive Begging. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # 577 ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances onlyJ ORDINANCE # REVISED— 08/12/2010 RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to aggressive begging; amending FWRC 6.35.030. (Amending Ordinance Nos. 08-576, OS-509, 94-214, 91-89.) WHEREAS, Federal Way Revised Code ("FWRC") 6.35.030, "Aggressive Begging," sets forth the prohibition of aggressive begging in the City of Federal Way; and WHEREAS, a King County Superior Court Judge has found that a subsection of FWRC 6.35.030 is unconstitutionally vague as applied; and WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to revise FWRC 6.35.030 so that it is constitutionally sound; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. FWRC 6.35.030 is hereby amended to read as follows: 6.35.030 Aggressive begging. (1) � n'� {�}-The following definitions apply to this section: �"Aggressive begging" means: (�i) Begging � with the intent to intimidate another person into qivinct money or goods; /h\ Ror+n �iE+ilo � r� F�+Ico i+r miclo'+r7inn ir�{�rm�4inn• (eii) Begging in a manner that creates a threat to the safety of any person or property; #�a#�iE (eiii) Begging in a manner that exploits children; (#i_v) Begging by providing or attemptingto provide services or products of negligible value that were not requested or agreed to, while demanding or coercing payment in returne� (gv_) Begging � . ' 15 feet of an automated teller machine (ATM)�,or ; (+vi) Beqqinq 9on private property or residential property, if the owner, tenant, or lawful occupant has asked the person not to beg on the property or a sign has been posted indicating that begging is not allowed on the propert�_ Ordinance No. 11- Page 1 of 4 Rev U10 r �� /'\ DI no ��ihoro �ho honninn �� I'Lolv 4n imr+or�lo ncrlec��ri�n nr �iohie+� �Inr 4r��n t o,�—r-rcr � ..,,.>,., ,.,., ,,., ... ..,.�, .., ....�.,.�.,.,� r__---..�.. _. __...__._. _._..._ � � nn #hc rr��+rl��in�i � mlocc c�irJ vchinlo ic Icn�lhi n�rlrorl �"Begging" means asking for money or goods as a charity, whether by words, bodily gestures, signs, or other means. �"Exploits children" means begging while associating with children when the funds will not benefit the children or where the children are not cooperating voluntarily °r C�+loo �r mioloni-linrv inF�rmn�i�n��innli u-Icc hi �� ic n�4 Iimi�orl �ti r • + L � � i � nrr�c� # n�r fnrm m �f 4hc ccr�iinc in�7in�4or1- ' pr�..��r—r�vr—rvr�rrr�'—rrr��E.'f , ; r , . �"Impede pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an obiect in such a manner as to block passaqe bv another person or a vehicle, or�^^'� ,^'°° "� �+ ;� .,,,+ , to require a pedestrian or vehicle operator to take evasive action to avoid contact h ^�a�;,�,�"° ^^+" ^f+"�c;�^�_`"r�_ Examples include, but are not limited to preventina the flow of vehicular traffic on a roadwavand preventinq the flow of pedestrian traffic on a sidewalk or at a public transportation stop , , rl+�+�-l��i��i i�nloc c� #4�a �iohinlo ic lon�ll�i r»rLci-1 �"Intimidate�" means to engage in words or conduct which would likely cause a reasonable person to fear bodily harm, fear damage to or loss of property, or otherwise be coerced into giving money or other thing of value. Evidence of intimidation shall include, but not be limited to: (ai) Persisting in soliciting and closely follaving or approaching a person after the person has made a negative response to the begging; (�ii) Using violent or threatening gestures toward a person; (siii) Using profane, offensive, or abusive language which is inherently likely to provoke an immediate violent reaction; and (di_v) Intentionally touching or causing physical contact with another person without that person's consent. f�"Public place" means any place that is in common use by, or expressly or impliedly open to, the public, whether owned oroperated by public or private interests, and includes but is not limited to any street, righ�of-way, parking area, sidewalk, plaza, playground, school ground, park, cemetery, lake, stream, public conveyance, or business establishment open to the public. (2) A person is quiltv of acyqressive begging if in a public place, he or she intentionallv: (a) Aqgressively Begs �b) Impedes pedestrian or vehicular traffic. (3) It is an affirmative defense to prosecution under this section that the person was: (a) Requesting assistance in an immediate, emergent, and unexpected emergency situation; (b) Requesting, arranging, or providing a lawful tow of, or emergency repairs to, a vehicle; Ordinance No. 11- Page 2 of 4 Rev 1/10 (c) Otherwise authorized by a city permit; or (d) A law enforcement officer in the performance of official duties. (4) A person violating this section is guilty of a misdemeanor. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it w�ould have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any referencesthereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Waythis _ day of 2011. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST Ordinance No. ll- Page 3 of 4 Rev 1/10 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. 11- Page 4 of 4 Rev 1/10 Clean Copv of Proposed Chanqes to FWRC 6.35.030 6.35.030 Aggressive begging. (1) The following definitions apply to this section: (a) "Aggressively beg" means: (i) Begging with the intent to intimidate another person into giving money or goods; (ii) Begging in a manner that creates a threat to the safety of any person or property; (iii) Begging in a manner that exploits children; (iv) Begging by providing or attempting to provide services or products of negligible value that were not requested or agreed to, while demanding or coercing payment in return; (v) Begging within 15 feet of an automated teller machine (ATM); or (vi) Begging on private property or residential property, if the owner, tenant, or lawful occupant has asked the person not to beg on the property or a sign has been posted indicating that begging is not allowed on the property. (b) "Begging" means asking for money or goods as a charity, whether by words, bodily gestures, signs, or other means. (c) "Exploits children" means begging while associating with children when the funds will not benefit the children or where the children are not cooperating voluntarily. (d) "Impede pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require a pedestrian or vehicle operator to take evasive action to avoid contact. Examples include, but are not limited to preventing the flow of vehicular traffic on a roadway and preventing the flow of pedestrian traffic on a sidewalk or at a public transportation stop. (e) "Intimidate" means to engage in words or conduct which would likely cause a reasonable person to fear bodily harm, fear damage to or loss of property, or otherwise be coerced into giving money or other thing of value. Evidence of intimidation shall include, but not be limited to: (i) Persisting in soliciting and closely following or approaching a person after the person has made a negative response to the begging; (ii) Using violent or threatening gestures toward a person; (iii) Using profane, offensive, or abusive language which is inherently likely to provoke an immediate violent reaction; and (iv) Intentionally touching or causing physical contact with another person without that person's consent. (fl "Public place" means any place that is in common use by, or expressly or impliedly open to, the public, whether owned or operated by public or private interests, and includes but is not limited to any street, right-of-way, parking area, sidewalk, plaza, playground, school ground, park, cemetery, lake, stream, public conveyance, or business establishment open to the public. (2) A person is guilty of aggressive begging if, in a public place, he or she intentionally: (a) Aggressively Begs; or (b) Impedes pedestrian or vehicular traffic. (3) It is an affirmative defense to prosecution under this section that the person was: (a) Requesting assistance in an immediate, emergent, and unexpected emergency situation; (b) Requesting, arranging, or providing a lawful tow of, or emergency repairs to, a vehicle; (c) Otherwise authorized by a city permit; or (d) A law enforcement officer in the performance of official duties. (4) A person violating this section is guilty of a misdemeanor. COUNCIL MEETING DATE: .i�.�-38H _ ............................ .................................................................................... � ITEM #: �� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED ORDINANCE UPDATING THE INITIATIVE AND REFERENDUM PROCESS POLICY QUESTION: Should the City Council approve and enact the proposed ordinance to incorporate State law for the citizen initiative and referendum process? COMMITTEE FEDRAC CATEGORY: � Consent ❑ City Council Business � Ordinance ❑ Resolution MEETING DATE: 6/28/11 ❑ Public Hearing ❑ Other STAFF REPORT BY: Patricia Richardson, City Attorney DEPT Law Attachments: Staff report and proposed ordinance Options Considered: 1. Approve the proposed ordinance to incorporate State law for the citizen initiative and referendum process at the July 5, 2011 City Council meeting and enact it at the July 19, 2011 City Council meeting. 2. Modify the proposed ordinance to incorporate State law for the citizen initiative and referendum process and direct the City Attorney to present the modified ordinance at the July 5, 2011 City Council meeting and enact it at the July 19, 2011 City Council meeting. MAYOR RECOMMENDATION: Option 1 MAYOR APPROVAL: COMMITTEE RECOMMENDATION: Option 1 1� �.� 0� DIRECTOR APPROVAL: �-�_ mc Committee t Committee Member council Committee Member PROPOSED COUNCIL MOTION "I move approval of the proposed ordinance to incorporate State law for the citizen initiative and referendum process at the July S, 2011 City Council meeting and forward it for enactment at the July 19, 2011 City Council meeting" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # �, �� ❑ DENIED 1sT reading "j -� �j � � � ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances onlyJ ORDINANCE # REVISED- 02/06/2006 RESOLUTION # I�M ,. � � � . .� CITY ATTORNEY'S OFFICE MEMORANDUM DATE: JLJNE 2Q 2011 TO: CITY COUNCIL MEMBERS CC: MAYOR PRIEST FROM: PATRICIA RICHARDSON, CITY ATTORNEY - P'C��'� SUBJECT: CITIZEN INITIATIVE AND REFERENDUM POWERS AND PROPOSED ORDINANCE In 1992, pursuant to RCW 35A.11.100, the City Council enacted Ordinance No. 92-150 giving the citizens the initiative and referendum powers ("Powers") as set forth in Federal Way Revised Code Chapter 1.30. An initiative is generally defined as the citizens enacting a law via an election. A referendum is generally defined as the citizens' intervention of a recently enacted ordinance via an election. Initiative and Referendum Statutory Requirements While State law autharizes the City to enact initiative and referendum powers, it also sets forth specific requirements to bring the matter to the citizens for a vote. The statutory requirements pertain to: 1. The form/content of the petition. 2. Limitations on the signatures: a. Must strike multiple signatures so an individual is counted only once, and b. Must strike all signatures older than six months. 3. Submission of the signatures by the City Clerk to the County within three days of receipt provided that the number of signatuYes appears to be enough (i.e. if one-thousand signatures are necessary and the number of signatures totals nine hundred ninety-nine the City Clerk will not submit the peririon to the County but will follow the process outlined in the Federal Way Revised Code below). 4. The formula to deternune if there are enough signatures for a Ciry uZiriarive or referendum "shall be fifteen percent of the total number of names of persons listed as registered voters within the city on the day of the last preceding city general election." 5. The County representarive, "with reasonable promptness", deterinines: a. The requisite number of signatures based upon the statutory formula b. Whether the petition is sufficient based upon: 1) Valid signatures (not longer than siY months and only one), and 2) The percentage number of signatures. 6. When the County completes its analysis of the signatures on the peririon, a certificate of the determination is completed and transmitted to the City Clerk. 7. If the County deterinines the "peririon is sufficient" (there are enough valid signatures), the election must occur within a specific window of time: a. Not more than 45 days after petirion is cerrified by County as sufficient (a special election�, unless b. A general election will occur within 90 days. Municipal or city elecrions are the prunary and general elections in the odd-numbered years; state primary and general elections are in the even numbered years. 8. Special election dates for City issues are limited to: a. The second Tuesday in February b. The foutth Tuesday in April c. Primary election in even numbered years d. General election on the first Tuesday after the first Monday in even numbered years. Referendum Statutor� Rec�uirements Referendum powers have additional statutory lirriitations, because the effect suspends the law pencling the determination of the sufficient signatures oY the outcome of the election. And, the referendum process is not available for all subjects. For example, referendum is not available for laws created via an iniriarive perition, for local improvement districts, or for the levy of taxes. The courts have also deterinined that those actions chaYacterized as administrative aYe not the proper subject for a referendum, but are appropriate for certain legislative actions not mandated by State law. 2 Because the City has authorized the uutiative and referendum powers, most ordinances do not become effecrive for thirty days. The effect of a referendum suspends the new law. Thus, the deadline to gather signatures for the referendum is sooner: ninety days even though the criteria for valid signatuYes are the same: the signature is not older than s� months. Federal Wa� Revised Code 1. Initiative Petitions. Citizens have the authority to submit a proposed measure to the City Clexk at any time. Once the perition is submitted the City's response first detertnines whether the topic is appropriate for an iniriative and following actions are specifically addressed. The time frame for gathering signatures is ninety days. A review of the iniriarive and referendum process revealed that State law was enacted in 1996 setting forth the above process whereby the county, and not the City Clerk, determines whether the signatures are sufficient and cerrifies the results. The process to determine if the signatures on the perition for either an iniriative or referendum would begin with King County inforrning the City C1eYk of the ininiinum number of signatures required for an initiarive based upon the statutory peYCentage of fifteen percent of the total registered voteYS in the prior municipal election. The City C1eYk does not review the signatures, but counts the lines of signatures to ensure that the minimum number has been gathered before submitting the iniriarive to the County. The County determines whetheY the signatures aYe valid (i.e. no longer than s�-months old), and whether the number of valid signatures is sufficient. If the petition is sufficient, the County certifies the results to the City Clerk. The City Clerk notifies the City Council of the Yesults. 2. Referendum Petitions. The FedeYal Way Revised Code specifies that a proposed referendum petirion must be submitted to the City Clerk within 30 days, or before the law becomes effecrive. Upon Yeceiving notice, the new law is suspended, and the Council must reconsider the new law with the filing of the referendum peririon. If the City Council does not modify the new law, the City Clerk will pYOCess the signed petirion in the same manner as the initiative petitions (i.e. the County determines whether the petirion is sufficient). Recommendation I recommend modifying Chapter 1.30 to incorporate State law for the processing and determination of the sufficiency of petition. The format throughout the Code adopts state statute rather than restating it in different sections. This format provides consistency, and automatically updates the Code when state statutes are modified. The Yecommended modifications are attached in t�1e pYOposed oTCllnance. K:\memo\2011\6-28 FEDR�IC iniUative-xeferendum 3 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Processing Citizen Initiatives and Referendums; amending FWRC 1.30.070; repealing FWRC 1.30.080; 1.30.090; 1.30.100; 1.30.110; 1.30.120; 1.30.130; 1.30.140; 1.30.150; and 1.30.290. (Amending Ordinance No. 92-150) WHEREAS, in 1992 the City Council enacted Ordinance No. 92-150 giving the citizens initiative and referendum powers; and WHEREAS, in 1996 state law was enacted specifically addressing the process for determining the sufficiency of petitions for code cities as codified in RCW 35A.01.010; and WHEREAS, the Federal Way Revised Code was inadvertently not updated in 1996; and WHEREAS, the City Council of Federal Way find that it is in the best interest of the citizens to update the Federal Way Revised to reflect current law regarding the process for determining the sufficiency of petitions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 130.070 is hereby amended to read as follows: 1.30.070 Suffiiciency of ��Ei;��e-petitions-�, � , . . r � !�1 .�a� -• � - -. ..� - . ... -• • _ • - - . .. . . .- e- - e - - e - � - - �- � - - •- -- Y � a r � � .� ! � � Ii �. �� • i► ! �� • s � �:• � � L � t w � • •� �. 1 � • � • •� � � • � • •� .� � � � • • 1 � � � O �l r • • � = • � � � �� •�. � �.� � � . • � � �. •�� • � • • � � • i � • � • :R �� Ordinance No. 11- Page 1 of 6 Rev 1/10 Section 2. FWRC 1.30.080 is hereby repealed in its entirety: � az� ... . e- s' e s e' '� '� e•' e . .. .. . .,. ._ .. . ._ . .. � _ • e— _ � • � : '— • _ _ . —. • .., _ ... • ._ _ • _�• ' . . —..� .. . ... . .. .., �. ... .. �,..- . .- . . .. . .' .'— . � ._ . .� _ � _. ' _ _ � _ i � � r.� � . • r � . .� � � .. � � � •a � � � � � � � '• � � ' � •..� � � � � � � � � � .� a� .� � � � . � � a � � !� �� a • • • i � • � � � � • � � � �� •� � •a �� sa • •� l ! ! � � � a. � � � � � !:'«7'!:�'S:T�::TE1:T.7J . .. — :- -. . . . .�— . � �. •' • 6— ' ' —��. � � • a � � � � � � � � � . � � � � � � � � ! � � u rr �}CCt"...' " � � � � � � � s •�� ••��. � �� ♦' � �r �a' a �w �a��u• � ♦� �• .a •� �� • s a �.� s � � � • � .• a � � • � � � i •. � � �� .s •s •� � r� �� a.�a a � Section 3. FWRC 1.30.090 is hereby repealed in its entirety: Ordinance No. 11- Page 2 of 6 Rev 1/10 � •�� a - • •� � •� • •� 'i`��}�i�� c i �a. �a.�� iR �.�� l�f��t�N.t'�l►.��/l►]1�1�17'!f ' � � � = � � � � � - - - •♦ ! � • � �l i ♦ 1 � �� • � • � • � � � ! � • � a • � • � � � � • t � � � � � = � �• • • � � .=. = t � � � � � � 1� � � • • � � � � � \ � � � � � �.� � • � i Y � •♦ • � Section 4. FWRC 1.30.100 is hereby repealed in its entirety: � �a � .. . .. � e• e _ •_ e . .. . . .. : . .. .: . ._ . .. . _ • -: . . -. ._ ._ .- .- .. . .. - e-• •• e •- e- .. ._ .- _ .._ ._ _ .. .. -� �- �- - •..• - ��.- e • e - •- -- .. . � r � .� � a � � �.a� �� •. � • a • �111511�: � . Section 5. FWRC 1.30.110 is hereby repealed in its entirety: ..�..6�e7!Z`�iirtlfr: .. _ .� � �.�•�� .. �. �.,.�.. �..... ��,. ._ :. :. . .. .- -: -e . ,.. � .. - . ._ -. .. .. _ s _ . . -- - Section 6. FWRC 1.30.120 is hereby repealed in its entirety: a • .. _ :. .. .. - .. .- -• •- - •- -- .. _ .. - - •_ _: .. _. . ._ .. . . . : . .._ .. . .. . . .. _. .. ._ .. ._ .._ .. . .. .- .._ Ordinanee No. 11- Page 3 of 6 Rev 1/10 Section 7. FWRC 1.30.130 is hereby repealed in its entirety: � s -. .. - - . . ,- .. _. - .. .. .._ .- Section 8. FWRC 1.30.140 is hereby repealed in its entirety: ila� �rr L�l►��lli��l�\i��i�lf a 1 � � l� �� . • � �! • • Y � �. • � � � � �. s � �. a a � �� • � • • � � S �. • • � � <� a � • • �a .� � Section 9. FWRC 1.30.150 is hereby repealed in its entirety: �:�►�eT:■:nr�n��a ��c� �� s��i�a�.�i.a�ra� i�f�� i� ��iR�aft�i��: �•a��a.aiw �.:1 t � � �• �. a � � �� • • � � � � � • a � � � � � � � � � � r � � ..� •� .•a •... �� r .��. •• •� �� • �s� � � �.��..� a• Section 10. FWRC 1.30.290 is hereby repealed in its entirety: �..�� ! E � �� • �� r r � �� . . �. • • ��. ,• � � � • •s a a ��t�ys�t l ��.�\(!l��'l�f�.; I� f'iRl► l�RSw.t��l�i►�i il ��ftrJ�l►,1��t�1�3,�I L�lf 1 . = � i � � � 4f • � � �Y ��f ••fi�i��ltta�. � � � � = r � • � • � • r � a + � � � � � • � a �.a � � � �.�� s a a �� r s.��. � a � • � � � � � �� •� ��. Section 1 l. 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 Ordinance No. I I- Page 4 of 6 Rev 1/10 chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 12. 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 13. Ratification. Any act consistent with the authority and prior to the effective date of this ardinance is hereby ratified and affirtned. Section 14. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2011. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: Ordinance No. 11- Page 5 of 6 Rev 1/10 CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ord\2011\initiative process Ordinance No. 11- Page 6 of 6 Rev 1/10 � COUNCIL MEETING DATE: July 19, 20ll ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MORATORIUM ON CANNABIS RELATED COLLECTIVE GARDENS POLICY QUESTION Whether Council should enact an emergency 6-month moratorium on cannabis related collective gardens that would prevent this type of activity from being located within the City for the duration of the moratorium? COMMITTEE: N/A CATEGORY: ❑ Consent � Ordinance MEETING DATE: � Public Hearing ❑ City Co uncil Business ❑ Resolution ❑ Other STAFF REPORT BY: Patricia Richardson, City Attorney DEPT: Law Attachments: Ordinance imposing a 6-month moratorium on cannabis related collective gardens. Background: This past legislative session the Legislature passed bill E2SSB 5073 authorizing cannabis related businesses but substantial portions of the bill were vetoed by the Governor. One provision of the bill that remains allows for qualifying patients to grow cannabis in collective gardens. The City does not regulate col(ective gardens and this moratorium would preserve the status quo for six months while the City reviews the issue. The effective date of bill E2SSB 5073 is Ju(y 22, 2011. A public hearing on the moratorium wilt be held on September 6, 2011. MAYOR'S RECOMMENDAT[ON: Adopt the emergency 6-month moratorium MAYOR APPROVAL: Committez D[RECTOR APPROVAL: Committu Council COMM[TTEE RECOMNIENDAT[ON: N/A Committee Chair PROPOSED COUNCIL MOTION(S): Committee Member Committee Member 1 READING OF ORDINANCE AND ADOPTION (4/19/2011): I move adoption of the proposed emergency moratorium that imposes a 6-month moratorium on cannabis related collective gardens and declares that a public emergency to preserve the status quo exists tivhich requires the immediate effectrveness of this moratorium and sets the public hearing for September 6, 2011. BELOW TO BE COMPLETED BYCITYCLERKS OFFlCE) COUNC[L �CT[ON: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERREDNO ACT[ON ❑ N[OVED TO SECOND READING (ordinances only) REV [SED — 08/ 12/20 ( 0 COUNCIL BILL # l reading Enactment reading ORDINANCE # RESOLUTION # a ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, imposing a six month moratorium on cannabis related collective gardens and setting a date for a public hearing. WHEREAS, the Legislature has passed E2SSB 5073 that atlows cannabis to be grown in "collective gardens"; and WHEREAS, E2SSB 5073 will take effect July 22, 2011; and WHEREAS, the City does not currently regulate cannabis grown in collective gardens; and WHEREAS, E2SSB 5073 allows the City to regulate cannabis by enacting zoning, licensing and/or heath and safety requirements; and WHEREAS, the Council has determined that it is in the public interest to establish a moratorium to evaluate and, if necessary, enact regulations in response to E2SSB 5073; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt a moratorium; and WHEREAS, the adoption of this moratorium is exempt from the requirements of a threshold determination under the State Environmental Policy Act; and WHEREAS, this moratorium is necessary for the immediate preservation of public peace, health and safety, and the support of City government; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section I. Findin�s. The City Council of the City of Federal Way makes the following findings of fact: OrdinanceNo. 11- Page 1 of3 Rev V 10 LU 0 � (a) The forgoing whereas provisions are adopted as findings of fact. (b) A moratorium is necessary to provide the City with sufficient time to study the potential impacts of E2SSB 5073; develop appropriate zoning, health safety, and/ or licensing regulations; and insure that the regulations comply with the law. (c) A moratorium is necessary to preserve the status quo until the City adopts appropriate zoning, health safety, and/ or licensing regulations. Section 2. Moratorium Established. No "collective gardens" as authorized by E2SSB 5073 for purposes including but not limited to producing, processing, transporting and/or delivering of cannabis shall be allowed within the City during the duration of this moratorium. Section 3. Duration of Moratorium This moratorium shall be in effect for six months from the effective date of this ordinance. Section 4. Public Hearin�. A public hearing for this moratorium will be held on September 6, 2011, at the regularly scheduled City Council Meeting. Section 5. 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 ardinance, or the validity of its application to any other persons or circumstances. Section 6. Conections. The City C(erk 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 enors, references, ordinance numbering, section/subsection numbers and any references thereto. Ordinance No. II- Page 2 of 3 Rev U10 LU 1 Section 7. Effective Date. By unanimous consent, the Council finds that this moratorium is for a public emergency and needed for the immediate support of City governments and is not subject to initiative or referendum pursuant to FWRC 1.30. This ordinance shall take effect and be in full force upon adoption. PASSED by the City Council of the City of Federal Way this day of 2011. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 1 l - Page 3 of 3 Rev 1/10 LU