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Council PKT 11-01-2011 RegularCITY OF � Federal Way AGENDA F�DERAL WAY CITY COUNCIL REGULAR MEETING Councii Chambers - City Hall November 1, 2011 '� 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION a. Volunteer Spotlight: Build the Bridge Coalition b. Proclamation: Pancreatic Cancer Awareness Month ...page 3 c. Mayor's Emerging Jssues 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAK/NG. When recognized by the Mayor, come forward fo the podium and state your name for the record. Please limit your commenfs fo three minutes. The Mayor may interrupt comments thaf exceed three minutes, relate negatively to other individuals or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their enfirety 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 subsequenf motion. a. Minutes: October 18, 2011 Special and Regular Meeting ...page a b. Monthly Financial Report — September ...page �2 c. Vouchers ... page 30 6. ORDINANCES First Reading: a. CB #588 Puctet Sound Enerav Franchise Aqreement ...page �3 An ordinance of the City of Federal Way, Washington, granting Pugef Sound Energy, Mc. a non-exclusive franchise to occupy rights-of-way in the City of Federal Way, Washington, within fhe speci�ed franchise area for the purpose of transmission, distribution and sale of electrical energy for power, heat and light and any other purpose for which such energy can be used. The Council may add items and take action on items not listed on the agenda. Second Reading: b. CB #586 Shoreline Master Proqram — Final Approvai and Adoption ...paye �os An ordinance of the City of Federal Way, Washington, relating to amendments to the City's comprehensive plan adding a new Chapter 11 "Shoreline Master Program" repealing existing Title 15 FWRC; and adding a new Title 15 FWRC. c. CB #587 Amendments to the Federal Wav Revised Code Relatin4 to Accessorv Uses and Convention Centers in the Office Park Zone. ... page 229 An ordinance of the City of Federal Way, Washington, relating to types of accessory uses and status of convention centers in the O�ce Park Zone; amending FWRC 19.235.010, 19.235.020 and 19.235.030. 7. COUNCIL REPORTS 8. MAYOR'S REPORT 9. EXECUTIVE SESSION Collective Bargaining pursuant to RCW 42.30.140(4)(b) Potential Litigation pursuant to RCW 42.30.110(1)(i) 10. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. � CITY OF ,�.'`� Federal Way PROCLAMATION `Panci•eatic Cancei• Awareness Month - Novembe�'' LVHEREAS pancreatic cancer is one of the deadliest cancers and is the foui leadin� cause of c�iicer death in the Ur:ited Scates where in 2011, an estimated 43,030 people �vill be diagnosed �vith pancreatic cancer•in the United State, and 37,66o will die fi�om the disease; • -- WHEREAS wheit symptoms of pancreatic cancer present themselves, it is usuxl ly too late for• an. optimistic� prognosis, and ;9� percent of pancreatic cancer patients die within the fi�st year of their diagnosis while 94 percent of pancreatic cancer patients die within the tirst five years; . WI-IER�S there is no cure for panereatic cancer and there have been no signiticant impr<ivertie�t$s .in su�•vival rar.es in the last �0 years and approximatety 76U deaths w ill occur iii Washington in 10.1 l�due ta� � pancreatic cancer; �`HE.REAS the Pancreatic Cancer Action Netw�ork is thr first and onty nacional patient advo�cacy orgattization that serves the pancreatic cancer community in the City of Federal Way, Washington�and uxtionwide by focusing its efforts on pubtic policy, research funding, pahient services, and public�awareness and elucation related to developing effective treatments and a ctu•e for pancreatic cancer; • -• WHEREAS the Pancreatic Cancer Action Netwoi•k and its af�iliates in the City of' Federal Way support those patients c�n-rently battling pancreatic cancer, as well as to thnse who have I�st their lives ta Lhe disea;e, and are committed to nothing less than a cure; •: WFiEREAS the good health and well-being of the residents of the City of' Federal Way, Washington •are - enhanced as a clirect result of increased awareness aboirt pancreatic cancer and research into early detection; : causes, and effective treatments, - THEREFORE, �s�e the Mayor and City Council of the City of Federal Way do hereby declare the rriont� of Iv'o� ember 1oi i as `Pancreatic Cancer Awareness 1�Ionth° in the City of'Federal Way. SIGNED this ist day of November, 2011 in the City of Federal Way, Washington. '. . FEDERAL WAY CITY COUNCIL Skip Priest, Mayor Jeanne Burbidge, Councilmember Lrnda Kochmar, Councilmember Dini Duclos, Deputy Mayor Jack Dovey, Councilmember .. Mike Park, Councilmember Jim Ferrell, Councilmember Roger Freeman, Councilmember COUNCIL MEETING DATE: November l, 2011 ITEM #: � CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT CITY COITNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes from the October 18, 2011 Special and Regular Meeting? COMMITTEE: N/A CATEGORY: � Consent ❑ City Council Business A ■ Ordinance Resolution MEETING DATE: N/fl ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeilly, City Clerk DEPT: Human Resources Attachments: Draft meeting minutes from the October 18, 2011 Special and 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/fl Committee COMMITTEE RECOMMENDATION: N/fl DIRECTOR APPROVAL: N/A N/�4 committee council PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED I reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/31/2010 RESOLUTION # CITY OP � Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Councii Chambers - City Hall October 18, 2011 5:30 pm www. cifyoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 5:30 pm. Elected o�cials present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember Jeanne Burbidge and Councilmember Jack Dovey. Councilmember Roger Freeman arrived at 5:58 pm and Councilmember Jim Ferrell arrived at 6:02 pm. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. EXECUTIVE SESSION The Council adjoumed to executive session at 5:30 pm to discuss collective bargaining pursuant to RCW 42.30.140(4)(b) and potential litigation pursuant to RCW 42.30.110(1)(i) for approximately forty-five minutes. The Council adjourned from executive session at 6:18 pm. 3. ADJOURNMENT Mayor Priest adjourned the meeting at 6:18 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — October 18, 2011 Special Meeting Page 1 of 1 CITY OP ,� Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall October 18, 2011 7:00 pm www. cifyoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest calied the meeting to order at 7:00 pm. Elected officials 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 Attomey Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Kyle Olsen led the Pledge of Allegiance. 3. PRESENTATION a. Kina Countv Ten-Year Plan to End Homelessness Update Mayor Priest stated that five years ago King County embarked on an ambitious plan to end homelessness and developed a 10-year plan. The City of Federal Way endorsed that plan. Bill Block, Project Directorforthe Committee to End Homelessness provided Council with an update on the plan's implementation. Mr. Block stated as a result of the plan, King County has transformed programs for chronically homeless single adults with housing first and client care coordination. They have funded over 4,500 units of new homeless housing, implemented a Landlord Liaison Project; which breaks down housing barriers, and created effective diversion programs interrupting the cycle of jails and psychiatric hospitals. So far they have prevented homelessness for over18,500 people and helped more than 30,000 individuals in over 18,000 households to leave homelessness. b. Juried Arts Show Winners — Arts Commission Arts Commission Chair Susan Honda introduced members of the Arts Commission and stated the Juried Arts show is an annual event, held every fall. The artwork entered into the contest is currently on display in the City Hall Gallery. There are three awards for the show; The Jurors Award is a$200 cash prize and a private art show at the City Hall Art Gallery. The Commissioners Award is a$150 prize, and the Peoples Choice award. Voting for the Peoples Choice award is open through December. The Jurors Award was presented to Tis Huberth. The Commissioners Award was presented to Kathy McFall- Butler. City Council Minutes — Glctober 18, 2011 Regular Meeting Page 1 of 6 c. Proclamation: DECA Week Deputy Mayor Duclos stated that DECA is an association of Marketing for students at Decatur High School. Their mission is to prepare emerging leaders and entrepreneurs in marketing, financing, hospitality and management. The students at Decatur High School will participate in leadership activities and business competitions throughout the year. Deputy Mayor Duclos read the proclamation into the record and presented it to students Debra Chong and Stephanie Stanek. d. Proclamation: Domestic Violence Awareness Month Councilmember Burbidge stated October is Domestic Violence Awareness Month, and the City has been a leader in legislation involving domestic violence. Domestic Violence transcends all walks of life, adversely affects individuals, families, businesses and other organizations in our community. Statistics show that one in fourwomen and one in thirteen men will experience domestic violence in their lifetime. Exposure to domestic violence puts our children at risk for long-term emotional, psychological and physical harm. Councilmember Burbidge read the proclamation into the record and presented it to Municipal Court Judge David Larson, Police Chief Brian Wilson, Deputy Police ChiefAndy Hwang, Ted Vidan - Marriage and Family Therapist, Jackie Natario-Mairs owner of ABC Visitation and Family Services and Cathy Williams the City's Domestic Violence Liaison. Judge Larson thanked the Council for the proclamation and noted that domestic violence awareness and prevention is very important. e. Mavor's Emerqina Issues Mayor Priest stated there were no emerging issues this evening. 4. CITIZEN COMMENT Clara McArthur spoke regarding signs and banners in the City, she read a legal notice regarding City evaluating the sign and banner code. She would like to see enforcement of the shopping cart theft laws. Mia Franklin stated her concern for how easy it is to get access to individual's information from the internet. She would like to see a breakdown of where her taxes are going. Trise Moore spoke about the School Donors Choice Card partnership program. 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 subsequenf motion. a. Minutes: October 4, 2011 Special and Regular Meeting b. Grant Funding for Transportation Improvement Projects c. WSDOT Traffic Busters — Project Acceptance d. 10 Ave. SW at SW Campus Drive Intersection Improvements -30% Design Status Report e. 2012 Asphalt Overlay Program Preliminary Project List f. Washington Traffic Safety Commission Grant Money for 2011 Uniforms g. Lakota Park Fence Bids City Council Minutes — October 18, 2011 Regular Meeting Page 2 of 6 MOTION: Deputy Mayor Duclos moved approvai of items 5a through 5g. Councilmember Kochmar second. Vote: Deputy Mayor Duclos: Yes Councilmember Ferreil: Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember povey: Yes Councilmember Freeman: Yes Motion carried 7-0. 6. COUNCIL BUSINESS a. Proposed Purchase and Sale Aqreement with Development Covenants (former AMC Theatre site) Mayor Priest stated at their July 19, 2011 City Council meeting the Council authorized staff to negotiate exclusively with ARCADD, LLC for the purchase and sale of the former AMC Theatre site. Staff has negotiated the proposed agreement that is before Council for approval. City Attomey Pat Richardson reviewed the terms of the proposed agreement. Section 2.2 Purchase Price Based Upon Appraisal: specifies that the basis of the purchase price will be from certified appraisals. The City has obtained an appraisal; however, the buyer's appraisal is not yet complete. When both appraisals are complete, the parties will exchange information in an attempt to agree upon a purchase price. If the parties cannot agree upon the purchase price, an independent appraiserwill be hired and select one of the appraisals for the purchase price. Staff will return to Council in a public meeting with the proposed price in the form of an addendum for Council action. • Section 2.4 Deposit Earnest Money: specifies that $150,000 in for form of a certified cashier's check is to be deposited into escrow when both parties execute the agreement. • Section 3.2.5 Documentation of Financing for Project: specifies that within thirty days of executing the agreement the buyer will provide verification of financing for the entire project. The information must be acceptable to the City. • Sections 4.4.1 and 4.4.2 Express Easements for Public Access: specify easements for public access, public restrooms and Safe Cities program. • Section 4.5 Development Covenants: the development covenants stated in the agreement run with the land. This means that the development of the property will be in accordance with the terms and exhibits in the agreement in the event ARCADD, LLC sells the property before it is developed. The development covenants include: the scope and description of the project; Safe Cities system; enumerated design guidelines; identifiable public parking; and traffic mitigation plan during construction. • Section 4.5.10 Public Art: states that the buyer will include in the budget funds for public art; to not exceed $300,000. • Section 5.1 Environmental Assessment: states that the parties agree to split the cost of a CitX Council Minutes — October 18, 2011 Regular Meeting Page 3 of 6 Phase il environmental assessment, which invoives taking samples of the soil and analyzing it to determine if hazardous substances are in the soil. • Section 10.1 Closing Date: states that closing will occur on or before January 6, 2012, but may be extended by mutual agreement. Economic and Development Director Patrick Doherty reviewed the design guidelines in the proposed purchase and sale agreement which include: • Providing a variety, yet cohesive architecture • Providing public spaces with a variety of hardscape, greenscape, artwork, water feature etc. • Providing human-scale and interest at street level • Design and construct with public safety in mind • Design and construct with sustainability in mind at LEED level The Council asked clarifying questions of Ms. Richardson and Mr. Doherty. MOTION: Deputy Mayor Duclos moved approval for the Mayor to execute the Purchase and Sale Agreement with the Development Covenants and return to Council with an addendum stating the sale price prior to closing for Council Approval. Councilmember Kochmar second. Vote: Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember povey: Yes Councilmember Freeman: Yes Motion carried 7-0. 7. ORDINANCES First Reading: a. CB #586 Shoreline Master Proqram — Final Approval and Adoption An ordinance of the City of Federal Way, Washingfon, relating to amendments to the City's comprehensive plan adding a new Chapter 11 "Shoreline Master Program" repealing existing Title 15 FWRC; and adding a new Title 15 FWRC. Mayor Priest stated State Law requires the City to periodically update its Shoreline Master Program (SMP), which must be approved by the Department of Ecology. Senior Planner Janet Shull presented information on this item. Ms. Shull stated the Last October the City Council passed Resolution 10-597 approving revisions to the SMP and authorizing staff forward the SMP to the Department of Ecology for review and approval. The Department of Ecology responded with finro required modifications: City Council Minutes — October 18, 2011 Regular Meeting Page 4 of 6 1. Wetland buffers within Shoreline Environment: This change will add the requirementfor a Shoreline Variance in cases where proposed modifications to wetland buffer widths reduce the buffer width by more than 25%. 2. Increase amount of native vegetation conservation in shoreline setback area in Shoreline Residential and Urban Conservancy Environment: Shoreline Residential Environment - this change will increase the minimum amount of native vegetation retention from fifty percent to seventy percent within shoreline setback areas and increase the minimum amount of native tree retention from 60% to 70% within shoreline setback areas. Urban Conservancy Environment: this change will increase the minimum amount of native vegetation from 70% to 85% within shoreline setback areas and increase the minimum amount of native tree retention from 70% to 80% within shoreline setback areas: � City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to forward the ordinance to the November 1,• ..� 2011 City Council meeting for second reading and enactment. Councilmember povey second. Vote: Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember povey: Yes Councilmember Freeman: Yes Motion carried 7-0. b. CB #587 Amendments to the Federal Wav Revised Code Relatina to Accessorv Uses and Convention Centers in the Office Park Zone An ordinance of fhe City of Federal Way, Washington, relating to types of accessory uses and status of convention centers in the O�ce Park Zone; amending FWRC 19.235.010, 19.235.020 and 19235.030. Principal Planner Margaret Clark reviewed the policy question before the Council this evening. The City received a request to amend the Federal Way Revised Code (FWRC) to increase the percentage of gross office floor that can be used for accessorywarehouse use from no more that 20°/a to no more than 50%. This request was presented to the Land Use Transportation Committee as well as the City Council. As part of this amendment, staff is recommending that types of accessory uses not be limited in the Office Park Zone but instead be treated consistently with the FWRC definition of "accessory use." Staff is also proposing to allow convention centers as a principal use rather than an accessory use. The size would be restricted by a maximum allowable height of 35 feet. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to forward the ordinance to the November 1, 2011 City Council meeting for second reading and enactment. Freeman second. Vote: Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Yes Councilmember Park: Yes City Council Minutes — October 18, 2011 Regular Meeting Page S of 6 Councilmember Burbidge: Yes Councilmember povey: Yes Councilmember Freeman: Yes Motion carried 7-0. 8. COUNCIL REPORTS Councilmember Freeman stated he was approached by a member of the FW High School football team who informed him that they are currently undefeated. Councilmember povey had no report. Councilmember Burbidge stated the next PRHSPSC meeting is November 8, 201.1. She reported on upcoming events at the Centerstage Theater. Councilmember Park reported the next FEDRAC meeting is October 25, 2011. Councilmember Kochmar reported the next LUTC meeting is November 7, 2011 Councilmember Ferrell reported that while on his way to a crime forum his bus was stopped by a bomb scare at the park and ride. He stated the crime forum was very informational and the City of Federal Way was well represented. He noted on an upcoming children's book reading. Deputy Mayor Duclos announced the City is seeking applicants for the Independent Salary Commission and the Civil Service Commission. Interested parties should contact the City Clerk's O�ce at 253-835-2540. 9. MAYOR'S REPORT Mayor Priest thanked Robert Stole for his efforts in picking up litter while he is out walking. 10. EXECUTIVE SESSION The Council did not adjourn to executive session. D�+Ien4i.�l I �+;,.�+c„� .. .,+ +,. o��ni ���n 1 � \/il 11. ADJOURNMENT Mayor Priest adjourned the meeting at 8:22 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: Ciry Council Minutes — October 18, 2011 Regular Meeting Page 6 of 6 COUNCIL MEETING DATE: November 1, ZOl 1 ITEM #:�� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB3ECT: SEPTEMBER 2011 MONTHLY FINANCIAL REPORT POLICY QUESTION: Should the Council approve the September 2011 Monthly Financial Report? COMMITTEE: Finance, Economic Development and Regional Affairs Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resotution STAFF REPORT BY: Tho Attachments: Finance Director ■ September 2011 Monthly Financial Report Options Considered: MEETING DATE: October 25, 2011 ❑ Public Hearing ❑ Other DEPT Finance 1. Approve the September 2011 Monthly Financial Report as presented. 2. Deny approval of the September 2011 Monthly Financial Report and provide direction to staff. MAYOR'S RECOMMENDATION Mayor recommends approval of Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: O�� +� Committee Council COMMITTEE RECOMMENDATION I move to forward approvad of the September 2011 Monthly Financial Report to the November 1, 2011 consent agenda for approval. ��ccu�( Mike PaJ , o ittee C'-- Jeanne Burbidge, Committee / Member PROPOSED COUNCIL MOTION "I move approval of the September 2011 Monthly Financial Report" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: � ❑ APPROVED COUNCIL BIL.L # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment resding ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # Fede� Se tember 2011 Monthl Financial Re ort Y P Y P GENERAL & STREET FUND OPERATIONS The overall operations of the combined General and Street Fund showed a negative result of $1.3M. Overall revenue total $30.2M and is $592K above 2011 year-to-date budget of $29.6M. 2010 2071 YTD BUDGET VS ACTUAL ENERAL & STREET FUND pnnual YTD YTD Favorabie (Unfavorabk) ummary of Sources S Uses Budget Actual Actual Budget Budget Actual ; � Beginning Fund Balance $ 8,345,195 $ 8,345,195 $ 8,345,195 $ 8,538,117 $ 8,538,117 $ 8,538,117 nJa N ERA7TNG REVENUES Property Taxes 9,328,370 9,614,187 5,327,783 9,577,000 5,379,466 5,393,827 14,361 0.3 Sales Tax 10,578,000 10,7o8,951 8,068,748 10,684,000 8,061,502 8,146,193 84,692 �.� riminal Juatice Sales Tax 1,740,000 1,701,120 1,268,780 1,636,000 1,220,211 1,351,418 131,207 10.8 Intergovernmerrtal 2,386,000 2,538,462 1,903,478 1,928,000 1,445,720 1,809,048 363,328 25.1 Leasehold Tax 4,000 5,757 4,209 4,000 2,924 4,188 1,264 43.2 amblingTaxes 1,110,000 493,489 460,323 212,000 165,099 367,597 202,497 �22,7% ourt Revenue 1,477,469 1,558,931 1,191,026 1,557,500 1,189,988 1,158,317 (31,671) -2.7 Building Permits/Fees-CD 1,251,000 1,314,602 1,016,058 1,241,815 959,246 870,910 (88,336) -9. ROW Permits & Develop Svcs Fees-PW 349,000 328,455 255,290 333,230 244,357 212,442 (31,915) -13.1 Licenses 240,000 251,620 98,820 242,000 95,042 97,224 2,182 2.3 Franchise Fees 995,000 980,891 733,091 945,000 706,267 747,931 41,664 S,g PassportAgency Fees 73,0�0 58,925 51,800 69,000 60,657 33,845 (26,812) -qq.2 Park & General Recreation Fees 775,000 913,831 794,529 848,811 737,997 802,944 64,946 8.8 Pdice Services 811,000 808,162 533,957 1,033,000 682,509 564,850 (117,659) _�7.2 dmin/Cash Management Fees 639,755 640,460 480,420 493,117 369,896 369,838 (58) 0.0 Interest Eamings 72,250 32,518 34,488 74,000 78,483 16,183 (62,300) -79.4 MisclOther 247,000 300,972 221,262 274,260 201,624 246,607 44,983 22.3 Celebration Park/PK M&O 361,620 361,620 361,620 274,000 274,000 274,000 - N Arts CommlRW&B Festival 119,070 119,070 119,070 97,000 97,000 97,000 - N Police Positions 1,002,862 1,002,862 1,002,862 1,432,000 1,432,000 1,432,000 �/ Street Bond/Lights 482,461 482,462 482,462 371,000 371,000 371,000 - �/ General Fund Operations 4,126,652 4,126,652 2,900,000 3,919,000 2,900,000 2,900,000 - N Prop 1 Voter Package 3,396,049 3,154,878 2,451,107 2,933,509 2,062,325 2,062,325 - N c n - CouNPolicelfraffic 830,000 830,000 500,000 830,000 830,000 830,000 rd otal Opera#ng Revenues 42;396,558 ' 42,328,879 30,261,183 41,009,242 29,567;373 30,159,685 592,372' 2.0'G PERATING EXPENDITURES City Council 432,645 414,733 382,327 477,345 404,867 391,306 13,561 3.3% Mayors OfFice 1,714,325 1,319,670 1,000,705 1,554,800 1,179,005 882,162 296,843 25.2'� Human Services 813,170 765,963 502,468 757,567 537,730 429,785 101,945 19.2 Municipai Court 1,488,253 1,428,247 1,077,082 1,539,668 1,150,971 1,093,692 57,279 5.0% Ecorromic Development 404,921 290,857 163,259 217,941 140,606 69,532 71,075 50.596 Human Resources 1,148,879 961,623 636,325 843,226 607,733 525,723 82,009 13.5 Finance 979,647 917,770 712,606 927,264 712,587 691,047 21,540 3.po ivillCriminal Legal Services 1,546,079 1,419,355 1,035,250 1,526,597 1,140,711 981,585 159,126 13.9° omm. Development Svcs 2,983,256 2,730,900 2,083,22t 2,654,950 2,002,289 1,704,035 298,254 14.9% ail Services 2,368,041 2,603,924 1,750,340 2,510,000 1,687,205 1,627,562 59,643 3.5 Police Services 22,659,132 21,992,667 16,761,469 24,514,805 18,458,556 17,337,080 1,121,476 6.1% Parks and Recreation 3,897,787 3,830,994 2,905,574 3,809,557 2,871,610 2,675,685 195,925 6.8 Public Works 4,717,933 4,141,643 3,028,953 4,605,454 3,407,453 3,042,173 365,280 10.7 1-time Savings/Unalloc IS Charges 365,723 - - - - - - Ma otal Operating Expenditures 46,519;792 42,S18,348 32,079,579 45,939,176 34;295,326 31,451,367 2,841,957 8.3Na Operating Revenuea oved(under) Openting Expenditurea (3,123,234) (489,4fi9) (1,758,39I) (4,929,934) (4,M8,012) (1,291,682) 3,436,330 -72.7% THER FIN/WCING SOURCES One-Time Transfers In\Grant\Other 1,137,677 955,373 573,961 5,454,725 4,744,445 4,744,445 - �/ Total Other Financing Sourcea 1,137,677 955,373 573,961 5,454,725 4,744,445 4,744,445 � THER FINANCING USES Contingency Reserves 1,200,000 - - 1,117,362 - - - N One-Time Transfersl0therlUnalice IS 904,028 272,983 212,556 906,544 - N Total Other Financing Uses 2,104,028 272,983 272,5b6 2,023,906 - � Total Endin Fund Balance S 4,255,609 S 8,538,116 S 6,948,203 $ 7,039,001 S 8>���1 S 11,990,880 nla n/ DESIGNATED OPERATING FUNDS Designated operating funds revenue total $183M and is $1.5M above year-to-date budget of $16.8M. Expenditures of $17.2M is $604K below 2011 year-to-date budget of $17.8M. 2010 2011 YTD BUDGET VS ACTUAL DESIGNATED OPERATING FUNDS Annual YTD YTD YTD Favoreble (Unfavorable) ummary of Sources 8� Uses Budget Actual Actual Budget Budget Actual E % Begin Balance-Designated Funds $ 10,004,673 $ 10,004,667 $ 10,004,667 $ 12,173,612 $ 12,173,616 $ 12,173,616 n/a n/a PERATMG REVENUES IntergovemmeMal 537,315 513,304 379,108 508,000 375,190 370,631 (4,560) -1.2°� tility Tax 10,811,614 9,974,976 6,690,8�7 9,646,58Y 7,360,298 7,758,886 398,588 5.4°h Utility Tax - Prop 1 Voter Package 3,155,239 2,915,334 2,228,158 2,819,419 2,154,852 2,266,377 111,526 5.2°h oteUMotel Lodging Tax 165,0� 149,058 103,035 155,000 111,210 136,530 25,320 zz.g� eal Estate Excise Tau 900,000 1,403,362 1,046,985 900,000 721,775 1,358,682 636,908 88.2°.6 FW Community Center-Operations 1,552,093 1,608,401 1,274,730 1,555,422 1,229,072 1,268,364 39,292 3.2°� Red Light Photo Enforcement Program 830,000 1,510,29t 1,068,836 830,000 587,393 720,019 132,626 22.6 roperty Tax - KC Expansion Levy 151,443 155,828 83,305 153,000 81,793 86,526 4,734 5.8°� Dumas Bay CenVe 603,786 5�0,844 407,280 516,318 419,864 461,408 41,545 9.9°,6 nutzen Family Theatre - 413 452 - 150 150 N SWFA Fees 3,338,969 3,479,564 1,901,529 3,164,969 1,759,955 1,908,425 148,470 8.4°/ efuse Collection Fees 278,854 276,214 230,774 275,366 230,066 228,487 (1,579) -0.7°r6 Interest Eamings 150,526 17,949 20,760 54,00� 62,456 10,047 (52,409) -83. Miscellaneous/Other 25,896 20,578 20,395 29,036 28,778 12,844 (75,935) -55.4% UTAX Transfer Knutzen Family Theatre 132,232 132,232 732,232 113,000 113,000 113,000 - 0.0° UTAXTransferFWCommunityCenter 1,817,264 1,817,263 535,132 1,611,000 563,193 563,193 - 0.096 UTAXTransferArterialSVeets 761,684 76t,684 455,000 1,011,000 1,017,000 1,011,000 - 0.0% Total Operating Revenues 25,211,915 25,177,294 16,578,588 23,342,111 16,809,894 18,274,570 1,464,676 8.7% PERATING EXPENDITURES Ry Overtay Program 2,133,379 1,593,829 1,503,122 2,074,874 1,956,790 2,046,692 (89,901) -4.6 Utility Tax-Admin/Cash Mgmt Fees 64,622 64,621 48,466 48,000 36,000 36,000 (0) 0.0° Solid Waste 481,140 450,972 335,681 415,118 308,993 319,259 (10,266) -3.3% HoteUMotel Lodging Tax 370,707 740,065 123,338 372,500 328,017 122,346 205,670 62.7°h FWCommunityCenter 2,110,626 2,051,623 1,507,804 2,142,839 1,564,301 1,539,000 25,300 �.g raffic Safety (Red Light Photo) 50,000 2,938 2,938 50,000 - N DeM Service 1,203,805 1,779,462 350,013 1,162,726 345,047 314,726 30,321 8.8°h SurtaceWaterManagemeM 3,574,474 2,947,662 2,25i,695 3,414,797 2,608,536 2,161,947 446,590 �7.� Dumas Bay Centre 641,056 576,026 408,541 687,905 487,890 490,683 (2,793) -0.6% KnutzenFamilyTheatre 762,849 82,054 56,472 85,095 58,565 59,788 (1,223) -p.�^ n oin ii T T fers ut: UTAX Transier FW Community Center 1,817,264 1,877,261 535,130 1,611,000 563,193 563,193 - 0.0% UTAX Transfer Knutzen Family Theatre t32,232 132,232 132,232 713,000 113,000 113,000 - 0.0% UTAXTransferArterialStreetsOverlay 761,684 761,684 455,000 1,071,000 1,011,000 7,011,�00 - 0.0°.6 UTAX Transfer Transportation CIP - - 791,000 500,000 500,000 - 0.0°� UTAX Transfer General/Street Fund Ops 6,092,666 6,092,666 4,866,014 6,093,000 5,074,000 5,074,000 0.0°k Utax Transfer Prop 1 Voter Package 3,396,049 3,154,879 2,451,108 2,933,509 2,062,325 2,062,325 - 0.0°k Red Light Photo Tmsfr Court/PD/Tr�c 830,000 830,000 500,000 830,000 830,000 830,000 - 0.0° oWl Operating Expenditures 23,822,553 21,877,975 15,527,554 23,836,364 17,847,656 17,243,958 603,698 3.4X pentlng Revenues oveN(under) OperaU�g Expenditures 1,389,362 3,299,319 1,051,034 (494,253) (1,037,762) 1,030,612 2,088,374 -199.3� OTHER FINANCING SOURCES Grants/Mitigation/Otherlfransfer 3,594,408 3,480,377 1,357,009 529,8� 678,880 678,880 - 0. Total Other Financing Sources 3,594,408 3,480,377 1,357,009 529,800 678,880 678,880 p, THER FINANCING USES One-Time TransTers OuUOther 4,973,020 4,730,948 2,603,404 1,845,000 2,039,459 2,039,459 - 0.0°,6 Total Other Financing Uses 4,973,020 4,730,948 2,603,404 1,845,000 2,038,459 T,039,458 p,p� ENDING FUND BALANCE Arterial Street - 561,373 520,120 - 220,099 �/a �/ lttility Tax 3,457,075 3,012,648 3,219,759 2,733,137 - 3,340,142 n/a N Utility Tax -Prop 1 Voter Package 899,580 697,535 676,630 697,535 - 864,088 n/a N Solid Waste 8 RecyGing 103,805 135,098 149,326 133,223 - 136,837 n/a n/ Hotel/Motel Lodging Tax - 215,657 186,423 2,157 - 230,036 n/a M FW CommunRy Center 660,704 780,753 330,462 889,335 - 780,753 n/a n/ Traffic Satety Fund 105,287 833,520 679,735 408,520 349,556 Na n/ Paths 8 Trails 132,769 136,361 61,762 144,361 - 76,823 nla n! Debt Service Fund 2,905,708 3,379,428 3,235,687 3,126,699 - 3,798,927 n/a nJ Surface Water Management 1,638,753 2,274,261 1,388,293 2,225,891 - 1,875,318 n/a N Dumas Bay/Knutzen Operations 82,304 146,982 255,046 3,298 171,069 n/a N otal Endin Fund Balance S 9,885,928 S 12,773,616 E 10,T02,642 S 10,364,155 ; , S 11,843,648 nla n/ Sales Tax Compared to year-to-date 2010 actual, sales tax revenues are up $77K or 1%. September sales tax collection of $927K is $1K ar 0.1 % below 2010's September sales tax of $928K. The positive variance compared to May and June 2010 is most likely due to the City's share of $56.8 million (of the $320.7 million the State received in state/local back taxes) for amnesty payments for local back taxes received by the state between February l and April 30` The state did not provide breakdown of amnesty payments by jurisdiction, however, it appeazs some portion of the amnesty payments were categorized under the °Government" component (a category for local sales tax that cannot be coded to a specific jurisdiction - the pool funds are distributed proportionally across the state based on jurisdictions distribution amount). Compared to year-to-date 2011 budget, sales tax revenues are up $85K or 1.1%. If the City did not received the amnesty payment, the positive variance compared to 2010 actual would be reduced to a negative variance of $8K or 0.1% and compared to year-to-date budget positive variance would be reduced to a negative variance of $1K or less than 1%. There is an overall increase in Construction, Government, and Fin/Ins/Real Estate and an overall decrease in Retail, Services, and Information. LOCAL RETAIL SALES TAX REVENUES Year-to-date thru September 2010 201 f Change from 2010 201 f Actua/ vs Budget Month Actua/ Budget Actual $ % $ % Jan $ 824,040 $ 839,057 $ 818,614 $ . (5,426} -0.7% $ (20,443) -2.4% Feb 1,171,625 $ 1,181,633 1,153,192 (18,432) -1.6% (28,441) -2.4% Mar 786,688 $ 784,344 751,420 (35,268) -4.5°h (32,924) -4.2% Apr 837,813 $ 792,623 805,675 (32,138) -3.8% 13,052 1.6% May 887,167 $ 912,803 949,316 62,149 7.0% 36,514 4.0% Jun 790,522 $ 806,626 847,896 57,374 7.3% 41,270 5.1% Jul 834,924 $ 840,105 928,023 93,099 11.2% 87,917 10.5% Aug 1,007,538 $ 980,315 964,978 (42,560) -4.2% (15,337) -1.6% Sep 928,430 $ 923,997 927,080 (1,350) -0.1°k 3,083 0.3% Oct 888,319 $ 889,014 - - - - - Nov 925,608 $ 925,361 - - - - Dec 826,277 $ 808,123 - - - - o a a 8,068 S 8,061,502 E 8,146,793 S 77,443 1.0% E 84,692 1.1°� nnua o a $ 70,708,951 a 10,684,000 n/a nla n!a n!a nla Sales Tax bv SIC Grou� Retail trade unfavorable variance is due to a major retailer continue decrease from 2010. Services decrease is due to a hospital audit that resulted in an additional $88K for 2010. Information unfavorable variance is due to prior year audit in 2010, which resulted in $31K for 2010. Other unfavorable variance is due to an audit in 2010 that resulted in an additional $lOK for 2010 distribution. Govemment overall increase appears to be due to amnesty payments and audit. COMPARISON OF SALES TAX COLLECTfONS BY SIC GROUP Year-to-date thru Se tember Component Component comprised of the 2010 2011 Change from 2010 Grou foilowin ma'or cat ories: Actua/ Actua/ S % General merchandise stores, motor vehicle 8 parks dealer, building material/garden, and misc. Retail Trade store retailers g 4,315,784 $ 4,266,580 $ (49,204) -1.1% Food services/drinking places,professional, Services scienYrfic, tech, and repaiNmaintenance 1,855,029 1,787,974 S (67,055) -3.6% Construction of buildings and specialty trade Construct contractors 680,008 822,041 $ 142,033 20.9% Wholesale oi durable goods and non durable Wholesaling goods. 319,577 318,982 $ (595) -0.296 Transp/Utility Utilities 2,612 3,405 $ 793 30.3% Telecommunications, publishing and motion Information picture/sound record 444,556 387,141 $ (57,415) -12.9% Wood product manufacturing, printing/related Manufacturing support, and furnkure related products 109,283 114,318 $ 5,036 4.6% Economic Programs, Executive/Legislative, Justice/Public Order, Human Resources AdminisVation, Nonclass'rfiable Establishments which inGudes Liquor Stores and sales tax for establishments that did not classify their Government Component group. 135,243 224,039 $ 88,796 65.7% Rental/leasing services, real estate, and credit Fin/Ins/Real Estate intertnediation. 178,583 205,463 $ 26,880 15.1°k Mining, support activities of mining, and Other transportation serv'�ces. 28,075 16,256 $ 11,819) -42.1% YTD Total S 8,068,748 E 6,146,193 S 77,443 1.0°h Other 61.9% Corcm�ons 9.1% S 348th . I1.0% S 312th/S316th 7. g% Pavilion FW Center Crossings HoteUMoteT 4.9% 3.8% 1.6% Comparing 2011 to 2010: SALES TAX COM PARISON by AREA Year-to-date September Chg from 2010 Group 2010 2011 � % YTDTotal Sales Tax 58,�8,748 58,146,193 E77,443 1.0°/ S 348th FOetail Block $884,632 $892,785 $8,153 0.9° % chg from prev yr -6.2% 0.9% na na The Commons 737,047 741,843 34,T96 0.6° % chg from prev yr -12.5% 0.7% na na S 312th to S 316th 684,313 634,453 (549,860) -7.2°� % chg from prev yr -1.1 % -7.3% na na Pavilion Center 408,585 396,152 (512,433) -3.2% % chg from prev yr 4.9% -3.0% na na Hotels 8 Motels 99,809 129,157 29,348 27.3° % chg from prev yr -7. i% 29.4% na na FlNCrossings 306,259 308,180 1,921 0.6° % chg lrom prev yr -3.0% 0.6% na na ■ S 348` is up $8K or 0.9% mainly due to a general increase and audit from a major wholesale retailer, which is offset by decrease in building/garden retailer and electronics retailer. ■ The Commons is up $SK or 0.6% mainly due to an overall increase for an electronics retailer and a major retailer going out of business sale. ■ S312 to 5316`� is down $SOK or 7.2% mainly due to a decrease from a major retailer offset by an increase in a motor/parts dealer. � Pavilion Center is down $12K or 3.2% mainly due to a decrease from a major electronics/appliances retailer and a grocery retailer. • Hotel & Motels is up $29K or 27.3% mainly due to adding one additional hotel which opened in August of 2010. • Federal Way Crossings is up $2K or 0.6% mainly due to an increase for new food/beverage retailers offset by a decrease in a cellular retailer. Utility Tax (Total 7.75%) Total utility taxes received year-to-date 2011 is $lOM and is above 2010's year-to-date collections by $178K or 1.8%. T'he variance between January and February is due to timing of payments. Compared to budget, net utilities tax revenues are above 2011 projections by $S 10K or 5.4%. Federal Way residents who are 65 years of age or older, disabled/unable to work, and had an income during the calendar year qualifies for the City's Utility Tax Rebate Program. Any payments that these qualified individuals made towards the utility tax that is passed from the utility company to the consumer is reimbursed by the City. This is an annual program that opens January 1 and closes April 30`�' of each year. City has processed 216 rebates totaling $27K. UTKlTY TAXES Year-to-dafe thru Se tember 2010 2011 Change from Y010 2011 Actual vs Bu et Momh Actual Budget Actual $ Var % Var $ Var % Var Jan $ 1,259,004 $ 1,217,583 $ 1,121,556 $ (137,448) -10.9% $ (96,027) -7.9% Feb 1,227,306 1,186,928 1,358,659 T31,353 10.7% 171,732 14.5° Mar 1,762,917 1,124,657 1,286,564 123,647 10.6% 161,807 14.4% Apr 1,210,765 1,170,931 1,295,155 84,391 7.0% 124,225 10.8° May 1,119,347 1,082,521 1,186,432 67,085 6.0% 103,911 9.6% Jun 1,043,015 1,008,700 1;033,820 (9,195) -0.9% 25,120 2.5°/ Jul 980,878 948,607 949,722 (31,156) -3.2% 1,115 0.1° Aug 936,258 905,455 908,464 (27,794) -3.0% 3,009 0.3°/ Sep 928,067 897,534 911,253 (16,815) -1.8% 13,719 1.5% Oct 1,038,465 1,004,300 - - - - Nov 989,331 956,782 - - - Dec 1,015,410 982,003 - - YTD Total ; 9,867,556 S 9,542,974 3 10,051,626 S 184,070 1.9°h S 508,712 5.3 Rebate (20,453) (27,764) (26,362) (5,908) 28.9% 1,402 -5.1% Total: � 9,847,103 E 9,515,150 510,025,264 S 178,161 1.8°k� 510,114 5.4°k 2011 SALFS TAX BY AREA % of Total The Compared to year-to-date 2010 — • Electricity is up by $167K or 4.6% mainly due to more consumption. • Gas is up by $236K or 17.1% mainly due to a 2% rate increase effective November l, 2010 along with more consumption. ■ Solid Waste is up by $7K or 1.2% due to an overall rate increase of 16.9% effective March 1, 2010. � Cable is up by $20K or 1.9%. ■ Phone is down by $90K or 1 Q% due to a decrease from a major tax payor. � Cellular phone is down by $156K or 7.1% mainly due to a major payor excluding data service revenue as part of the utility tax calculation and another major payor decrease in overall revenues. UTILITYTAXES Year-to-date thru September 2010 2011 Change from 2010 Actual Actual $ Var %Var BeCtriC $ 3,615,635 $ 3,782,833 $ 167,198 4.6% Gas 1,380,528 1,616,103 235,574 17.1% Solid Waste 584,419 591,616 7,197 1.2% Cable 1,061,583 1,081,866 20,282 1.9% Phone 895,589 805,683 (89,906) -10.0% Cellular 2,179,876 2,024,107 (155,769) -7.1% Pager 1,123 325 (798) -71.1% SWM 148,802 149,093 290 0.2% Tax Rebate (20,453) (26,362) (5,908) 28.9% YTDTotal $ 9,847,103 $ 10,025,264 a 178,167 1.8°�6 Update on Proposition I Year-to-date 2011 Prop l expenditures total $2.1M or 71.6% of the $2.9M budget. Current life-to-date Prop 1 Utility tax collections total $13.7M and expenditures total $12.8M resulting in ending fund balance of $864K. "'Police Officer 2.0 FTE was frozen as part of the 2011/2012 Adopted Budget Rea! Estate Excise Tax Compared to 2010 year-to-date actuals, collections are up $312K or 29.8%. September's receipt of $179K is above September 2010's actual by $122K or 211% and $98K above September 2011's projections. Year-to-date collections are currently exceeding 2011 year-to-date projections. The increase in January is due to the sale of the Palisades Apartments ($67_SM), Woodmark at Steel Lake - Retirement Communi� ($9.2M), business building located on b Ave S. ($4.4M), and a vacant lot located on 19�` Ave ($2.OM). The increase in June is due to the sale of The Lodge Aparnnents for $5.2M. September 2011 activities include 162 real estate transactions, of which 101 were tax exempt. September significant transactions included the sale of a vacant single family home for $2.6M and the St. Croix Apartments for $231 M. HoteUMotel Lodging Tax HoteUMotel lodging tax collections for year- to-date 2011 total $137K. Compared to year- to-date 2010, lodging tax is up $33K or 32.5%. The increase is due to Hampton Inn & Suites, which opened in August of 2010. Compared to 2011 year-tadate budget, lodging tax is above projections by $25K or 22.8%. HOTEUMOTEL LODGING TAX REVENUES Year-tadate thru September 2010 2011 Change from Z010 2011 Actual vs8udget Month Actual Budget Actual SVar %Var SVar %1�ar Jan $ 8,787 $ 10,846 $ 10,925 $ 2,138 24.3% $ 79 0.7% Feb 11,823 12,041 12,360 537 4.5% 319 2.7% Mar 8,134 9,623 9,988 1,854 22.8% 365 3.8% Apr 10,617 11,031 12,823 2,206 20.8% 1,792 16.2% Mky 13,285 13,654 16,036 2,751 20.7°k 2,382 17.496 Jun 9,489 10,488 13,982 4,493 47.3% 3,494 33.3% ,k�l 11,853 11,563 19,982 8,129 68.6% 8,419 72.8% Aug 12,099 15,532 17,643 5,543 45.8% 2,111 13.6°h Sep 16,947 16,432 22,791 5,845 34.5% 6,360 38.7°h Oct 16,476 17,444 - - - - - Nov 14,628 14,724 - - - - - Dec 14,918 11,622 - - - - YTD Total s 103,035 S 111,210 S 136,530 E 33,495 325% S 25,320 22.8'k GA[mbli7tg T2Y Annuat Total g 149,o5s S 155,000 nla n/a Ma nha Na Year-to-date 2011 Gambling tax collection total $368K, which is exceeding year-to-date projections. In comparison to year-to-date 2010 collection, 2411's taac collection is $93K or 20.1% below. The negative variance comparing to 2010 year-to-date actual are due to $58K decrease in a cardroom establishment, $62K due to rate change for pulltabs and $SK due to a gambling establishment closing in March of 2010. However, these are offset by an additional establishment added for amusement/games, which added $12K for prior years back taxes and an additional $18K for penalties and interests owed. The current gambling rates are as follows: Card Rooms - rate from 20% to 10% effective date June 6`�', 2010 and Pulltabs - rate from 5% to 3% effective date August 1 2010, and Amusement is 2%. GAMBUNG TAX REVENUE Year-to-date thru Se tember 2010 2011 Change from 2010 2011 Actual vs Bud et Month Actual Bud et Actual a Var % Var S Var �o Var Jan $ 68,015 $ 19,108 $ 6,879 $ (61,136) -89.9% $ (12,229) -64.0% Feb 84,876 21,337 63,306 (21,571) -25.4% 41,969 196.7% Mar 87,142 12,t58 55,169 (31,973) -36.7% 43,071 353.8% Apr 96,850 28,343 52,305 (44,545) -46.0% 23,961 84.5% May 11,768 14,044 35,055 23,287 197.9% 21,011 149.6% Jun 51,860 18,209 46,594 (5,267) -10.2% 28,384 155.9% Jul 21,983 17,063 13,735 (8,248) -37.5% (3,328) -19.5% Aug 12,475 20,488 48,054 35,580 285.2% 27,567 134.6°!0 Sep 25,354 14,349 46,500 21,145 83.4% 32,151 224.1% Oct 9,664 13,457 - - - - - Nov 54,129 22,671 - - - - - Dec (30,627) 10,772 - - - - YTD Totel $ 460,323 $ 165,099 $ 367,597 $�92,727) -20.1% $ 202,497 122.7% nnua o $ 493,489 $ 212,000 n/a n!a Na n/a Na REAL ESTATEIXCISETAX REVENUES Year•to-date thru September 2010 2011 Change from 2010 2011 Actual vs Budget Mottth Actual Budget Actual $Var %Var $Var %Var Jan $ 79,389 $ 89,931 $ 461,865 $ 382,476 481.8% $ 371,934 413.6% Feb 47,571 73,499 44,769 (2,802) -5.9% (28,730) -39.1% Mar 230,191 96,613 67,758 (162,433) -70.6°� (28,855) -29.9°k Apr 125,035 73,990 77,333 (47,702) -38.2% 3,343 4.5% May 78,616 92,490 55,�8 (23,608) -30.0°� (37,481) -40.5°k Jun 87,441 70,991 332,852 245,411 280.7°k 261,861 368.9°k ,k�l 280,791 86,254 78,185 (202,606) -72.2°k (8,069) -9.4°k Aug 60,287 57,077 61,686 1,399 2.3% 4,608 8.1% Sep 57,664 80,929 179,226 121,561 210.8% 98,297 121.5% Oct 89,537 65,147 - - - - Nov 54,191 63,283 - - Dec 212,649 49,795 - - - YTDTotal $1,046,985 S 721,775 S 1,358,682 311,697 29.8°b 636,908 88. Annual Total s 1,403,362 $ 900,�0 n/a n/a n/a n!a nla State Shared Revenue Year-to-date 20ll distribution of $3.8M is beIow 2014's year-to-date activity by $26K or 0.7%. The unfavorable variance is mainly due to a decrease in Liquor Profits Tax offset by an increase in Local Criminal Justice Sales TaY, Dui Cities, and Criminal Justice - Population. The City qualified for Criminal Justice High Crime distribution for 2" half of 2011 through the first half of 2012. Criminal Justice High Crime will be reevaluated in June 2012 to determine if the City qualifies for the High Crime distribution July 1 2012 through June 30`", 2013. Permit Activity Building, planning, and zoning permit activities are below 2010's year-to-date activity by $145.1K or 143%. Compared to year-to-date budget, permit activity is down $883K or 9%. Permit activity and permit issuance remain below expectations. Community Development's has a positive variance of $2983K is mainly due timing of 1-time program for Comprehensive Plan Update, abatement funding and permit system upgrade which is funded by automation fees. STATE SHARED REVENUES Year-to-date thru September 2010 2011 Change from 2010 Revenue Actua/ Actual $ % Liquor Profits Tax $ 538,918 $ 476,751 $ (62,167) -10.3% LiquorFxciseTax 328,129 326,741 (1,388) -0.4% Gim Just - Pbpulation 70,491 70,965 474 0.7% Giminal Just High Q�ime 155,318 142,128 (13,190) -8.5% Local GimJust Sales Tax 1,268,780 1,351,418 82,638 6.5% FuelTax' 1,415,488 1,380,862 (34,626) -2.4% DUI - Cities 12,350 14,514 2,164 17.5% YTD Total S 3,789,474 $ 3,763,380 S (26,094) -0.7% ' Fuel tax amount includes generaUstreet, designated operating funds, and transportation CIP. Right-of-way permits and development services permit fees are down $319K or 13.1% when compared to 2011 year-to-date budget. Permit activities are at a lower level than year-to-date 2010, this is due to residential, commercial and ptat activities remaining down due to economic conditions in the market place. Owners/developers are not proceeding with new plats since there is a surplus of new homes, new lots, and other fmancial issues. lfiis is the same for the commercial market, there is an excess of existing office space and banks are more stringent on lending practices. Public Works Operations year-to-date expenditures total $3M and is below year-to-date budget of $3.4M by $3653K mainly due to vacant,grant funded traffic engineer (hired mid-March 2011), savings found in temporary help, timing of intergovernmental payments, traffic counts, repairs/maintenance, signal timing, comp plan, and community putting prevention to work (CPPVi�, and one-time gas savings. ROW PERMITS'& DEVELOPMENT SERVICES FEES Year to date thru September 2010 2011 Change from 2010 2017 Actual vs Buctget Actual Budget ' Actual S % 3 °/a Jan' 11,036 22,647 12,685 1,648 14.9% (9,963) -44.0% Feb 30,655 27,555 30,046 (610) -2.0% 2,491 9.0% Mar 26,054 19,681 22,477 (3,577) -13.7% 2,796 14.2% Apf 35,290 39,579 25,148 (10,141) -28.7% (14,431) -36.5% May 26,709 27,589 44,077 17,367 65.0% 16,488 59.8% Jun 46,479 28,812 20,973 (25,506) -54.9% (7,839) -27.2% Jul 17,926 27,886 13,224 (4,702) -26.2% (14,662) -52.6% ug 26,559 34,025 32,050 5,491 20.7% (1,975) -5.8% Sep 34,582 16,584 11,764 (22,818) -66.0% (4,820) -29.1% Oct 17,772 30,552 - - - - Nov 29,089 27,192 - - - - Dec 26,304 31,128 - - - YTD Total 255,290 244,357 212,442 (42,848) -16.8% (31,915) -13.1% Annual Total 328,455 333,230 n/a n/a n/a n/a n/a Police Department ZO11 year-to-date expenditures total $17.3M and is below year-to-date budget of $18.SM by $11M. The savings is mainly due to police officer vacancy, 1-time program for SCORE start-up cost (not anticipated to be savings at year-end), 1-time program for various grants, timing of dispatch services payment, and savings in ongoing travel/training. Compared to year-to-date budget, overtime is $37K or 6.2% above year-to-date estimate. Compared to year-to-date 2010 actuals, City portion overtime increased $31K or 6.4%. Including the increase in billable overtime, total overtime increased $42K or 7.2%. 'The Overtime budget consists of $686K for City overtime and $106K for billable time. City portion of overtime includes $31K related to red light photo, which is currently not budgeted. The increases compared to prior year overtime are due to: February - homicide investigation and conducting an investigation for an officer involved shooting in the City of Tukwila. PDOvertime 9y Month 2010 2011 Change from 2010 2011 Actualvs Budget Actual Budget Actual S °� S % Jan $ 57,368 $ 60,909 $ 56,227 $ (1,141) -2.0°� $ (4,683) -7.7% Feb 40,952 45,563 56,219 15,267 37.3% 10,656 23.4°/a Mar 65,076 62,036 50,412 (14,664) -22.5% (11,624) -18.7°k Apr 57,612 57,891 45,223 (12,389) -21.5% (12,668) -21.9°k Nl�y 53,154 56,169 78,380 25,225 47.5% 22,210 39.5% Jun 44,058 54,954 50,613 6,555 14.9% (4,341) -7.9°k Jul 60,583 63,185 74,968 14,385 23.7°k 11,783 18.6% Aug 63,193 64,574 47,804 (15,390) -24.4% (16,770) -26.0% Sep 43,689 55,87� 57,152 13,462 30.8% 1,282 2.3% Oct 66,180 58,401 - - - - - Nov 44,802 51,130 - - - - Dec 56,057 54,945 - - - - - Cily Pbfion $ 485,685 $ 521,151 $ 516,996 31,311 6.4% (4,154) -0.8% Bdlable 1�,637 76,656 117,709 11,072 10.4% 41,053 53.6% YTD Total 592,323 597,807 634,706 42,383 7.2% 36,899 6.296 May - mutual aid request from City of Auburn and timing of the Civil Disturbance (CDU) week long training June - murder trial that required Criminal Investigation staff and assisted Tukwila PD in the patrol of Rock & Roll Mazathon which will be reimbursed by the City of Tukwila. July - Red, White, and Blue & SheRox Triathlon required extra overtime staff'mg. The Department also experienced staffing shortages due to one officer being on Administrative Leave for the entire month of July and 4 officers were on light duty associated with injuries. In addition, there were three Bomb Disposal Unit call outs and one major SWAT Unit call out. September - due in part to reduced staffmg levels. There were several officers who were either on light duty due to injury or out on FMLA (Federal Medical Leave Act) and mandatory training. In addition, there are vacancies which contributed to shift call-in overages. .JRII SBN[CeS Jail Services for year-to-date 2011 is $1.63M and is below the year-to-date budget of $1.69M by $60K or 3.5%. The 2011 budget is based on 2010's trends. Compared to 2010 year-to-date actuals, Jail services aze down $123K or 7.0% mainly due to decease in usage of $66K, decrease in medical costs of $106K offset by an increase of $49K due to rate increase. Jail Services ' Year-to-dafe thru September '' 2010 2011 Charrge from 2010 2011 /�Ctual vs BtMget nnont►, '- actuaf euayet actaal s % s °k Jan - - - - Feb 128,846 124,198 116,292 12,554 9.7°� 7,906 6.4°� Mar 88,727 85,526 185,655 (96,928) -109.2% (100,129) -117.1% Apr 226,430 218,263 152,124 74,307 32.8°k 66,139 30.3°� May 348,808 336,226 231,875 116,933 33.5°k 104,351 31.0% Jun 295,907 285,234 221,716 74,191 25.1°i6 63.518 22.3% Jul 194,429 187,416 234,522 (40,093) -20.6% (47,106) -25.1°r6 Aug 195,059 188,023 236,603 (41,544) -21.3% (4$,580} -25.8% Sep 272,134 262,318 248,775 23,359 8.6°� 13,543 5.2°,6 Oct 228,491 220,249 - - - - - Nov 71,590 69,008 - - - - - Dec 553,504 533,539 - - - - - YTDTotal 1,750,340 1,687,205 1,627,b62 122,778 7.0% 59,643 3.5°h Annual Total 2,603,924 2,510,000 1,627,562 Na Na Na Na Anima! Services Previously animal services was administered by King County. The County had estimated that Federal Way would incur a cost of approximately $400K -$SOOK annually to continue the service agreement at full recovery cost. In July of 2010, the City formed its own Animal Services Division within the Police Department due to the anticipated increase in cost. In addition to cost savings the City would benefit from increased services. The 2011 projected pet license revenues of $264K was based on 100% of King County license renewals and an increase in new licenses. This did not take into consideration the free licenses for Senior/Disabled, which account for approximately 28% of the total licenses issued year-to-date or $31K if based on $25 licensing fee. The $326K expenditure budget includes funding for two animal services officers, shelter, administrative hearings, supplies, dispatch services and internal services charges for the City's information technology and fleedequipment services. The budgeted cost is $62K which is substantially lower than the anticipated cost of $400K -$SOOK had the City retained King County's services. On a year-to-date actual basis, revenues total $85K and expenditures total $168K resuiting in a net cost of $83K, which is substantially less expensive than King County. Although year-to-date licensing fees account for only 31% of projections, expenditures are also down due to position vacancy savings and sheltering cost. The Police Department has taken various steps to increase licensing compliance, including: comparing current licenses against King County's database; sending reminders to pet owners who have not complied; advertising the licensing law; including a licensing flyer in utility bills; working with multi-family home complexes to place license brochure in new resident folder; providing licensing brochure to local vets and pet stores; animal services booth at local farmers mazket; and pet license enforcement. The tables below provide a summary of revenues & expenditures and licenses issued by type. 1st Qtr 2nd Qtr 3rd Qtr YTD Total License TYPe Fee # $ # $ # $ # $ Altered Cat $ 20.00 335 $ 6,700 261 $ 5,220 140 $ 2,800 736 $ 14,720 Altered Dog $ 25.00 745 $ 18,625 438 $ 10,950 240 $ 6,000 1,423 $ 35,575 NewAlteredCat $ 20.00 56 $ 1,120 47 $ 940 141 $ 2,820 244 $ 4,880 NewAltered Dog $ 25.00 85 $ 2,125 144 $ 3,600 322 $ 8,050 551 $ 13,775 Unaltered Cat $ 60.00 1 $ 60 - $ - - $ - 1 $ 60 Unattered Dog $ 60.00 49 $ 2,940 49 $ 2,940 48 $ 2,880 146 $ 8,760 New Unaftered Cat $ 60.00 -$ - -$ - 4$ 240 4$ 240 New Unattered Dog $ 60.00 11 $ 660 20 $ 1,200 18 $ 1,080 49 $ 2,940 Replacement Tag $ 2.00 5$ 10 6$ 12 12 $ 24 23 $ 46 Permanent Disabled $ - 59 $ - 40 $ - 68 $ - 167 $ - Senior Permanent $ - 423 $ - 303 $ - 341 $ - 1,067 $ - Service Animal $ - 1 $ - 3 $ - 1 $ - 5 $ - 1,770 $ 32,240 1,311 a 24,862 7,335 $ 23,894 4,416 S 80,996' " Dispatch and intemal service charges are shown in the table to more accurately reflect tota! animal service cost and are assumed to be fully expended. These charges are not easily tracked separately and therefore accounted within the total police internaf service charges and dispatch services. Traffe Safety/Red Light Photo Enforcement � Red light photo revenues are accounted for in the Traffic Safety Fund to be used for, but not limited to, prevention, education, and enforcement efforts related to traffic safety and compliance with traffic control devices within the City, including maintenance and operations costs. Currently there are a total of 14 cameras at 11 locations (8 of these cameras are red light and 6 are in the school zones). The original 4 red light cameras were activated in October 2008 and an additional4 cameras were activated February 2010. The original4 school zone cameras were activated February 2010 and an additional 2 cameras were activated December 2010. Payments to ATS include $4,750/month per location plus supplemental fees for check processing and online payments. Red Li ht Photo Enforcement' 2010 201'1 Za11 vs 201Q Gross '' Paymenrs Net Gross Payments Net' Net Revenue ' AAonth Revenue to ATS Revenue ' Revenue to ATS Revenue ' Variance Jan $ 70,736 $ (46,960) $ 23,776 $ 150,039 $ (54,217) $ 95,822 $ 72,046 Feb 127,201 (49,835) 77,366 159,379 (54,831) 104,548 27,183 Mar 178,719 (50,560) T28,159 173,031 (56,674} 116,357 (11,802) Apr 162,493 (50,245) 112,248 156,321 (54,707) 101,615 (10,633) May 154,824 (50,502) 104,322 129,070 (54,740) 74,331 (29,992) Jun 186,088 (50,852) 135,236 168,322 (54,711) 113,611 (21,625) Jul 224,032 (42,008) 182,024 87,649 (53,611) 34,039 (147,986) Aug 207,807 (42,276) 165,531 78,868 (51,695) 27,173 (138,359) Sep 197,302 (57,129) 140,173 92,298 (39,775) 52,523 (87,651) Oct 215,641 (51,309) 164,332 - - - - Nov 193,306 {51,274) 142,032 - - - Dec 185,541 (50,452 135,090 - - - YTD Total $ 1,509,202 � (440,366) $ 1,068,836 $ 1,194,977 S (474,958) $ 720,019 S 348,817) Annuat Total 2,103,691 593,401j 1,510,291 n/a n/a n!a n/a Annual Budget n/a n/a 830,000 n/a n/a 830,000 n/a Year-to-date red light photo net revenues total $720K which is $349K or 33% below year-to-date 2010. T'he decrease is due primarily to a reduction in July (decrease of $148K or 81%), August (decrease of $138K or 84%), and September (decrease of $88K or 63%) revenues compared to prior year. The factors contributing to the decrease include: - Schooi zone decreased due to equipment malfunction. The City's Public Works Traffic Division and Police are working with King County and ATS, respectively to address the issue. - Miscommunication by ATS staff to the City's Police Department regarding the time line for traffic o�cers to review and respond to ATS whether the violation is valid or rejected. ATS initially stated that police officers had until midnight on the 14`�' day following the violation to review and respond to ATS. Towards the end of July, another ATS staff member informed the Police Department that ATS must process and mail out within the 14 days (per RCV�. ATS has since stated they need one to two business days to process and mail out. Police has corrected this issue for August and September violations. - Expected decrease in the number of violations over time because of red light photo implementation. The City's goal is improving safety; it is working and as a result revenues will be diminishing moving forward. Court Municipal Court year-to-date expenditures totaI $1.1M and is beTow year-to-date budget of $1.2M by $57.3K. The positive variance is mainly due to savings found in temporary help (for pro tem judges) and timing of interpreter costs. Court revenues are $32.7K or 2.7% below 2010 year-to-date actuals and budget. The lower revenue can be explained by the reduction in revenue from traffic and non-parking citations issued (-$73,340). Staff reductions and vacancies required the police deparhnent to pull officers from traffic duties, which translates into less traffic citations issued. If the timing issue with Shared Court Costs from the state is considered, then the net reduction in court revenue is actually $20.7K compared to 2010 actuals. COURT REVENUE Year-to-clate thru Se tember 2010 2011 Chan from 2010 ?011 Actcra! vs Bu t Month Actual 8ud eY" Actual $ Var % Var $ Var % Var January $ 111,414 $ 111,707 $ 86,717 $ (24,697) -22.2% $ (24,990} -22.4% February 156,784 157,196 110,982 (45,802} -29.2% (46,214) -29.4% March 159,493 159,913 190,183 30,689 19.2% 30,270 18.9% April 126,513 126,846 131,430 4,917 3.9% 4,584 3.6% May 104,487 104,761 118,146 13,659 13.1% 13,385 12.8% June 117,509 117,817 102,567 (14,941) -12.7% (15,250) -12.9% July 108,860 109,147 111,494 2,634 2.4% 2,347 2.2% August 133,575 133,926 136,562 2,987 22% 2,636 2.0% September 113,343 113,641 112,108 (1,236) -1.1% (1,533) -1.3% October 113,904 114,204 - - - - - November 120,144 120,460 - - - - - December 114,581 114,882 - - - - - Subtotal a1,731,979 $1,134,954 $1,10Q,188 $ (37,791) -2.8% $ (34,766) -3.1°k Probation Svcs 59,047 55,034 58,126 (921) -1.6% 3,092 5.6% YTDTOtaI $1�191�026 $1�189,988 $1,158,317 � 32,709 -2.7% S 31,671 -2.7% Annual Total 1,558,931 1,557,500 n!a n/a n/a n/a n/a *Yearto-date budget is based on 2010 trends. The Court's increased workload and the resulting increased revenue from expansion of the photo enforcement program aze not accounted for in the Court's revenue or expense projectims. Revenue from Criminal Costs and Criminal Conviction Fees have increased 12.5% and 95.0% respectively due to the court's new court cost program. T'hese increases were able to offset some of the losses from reduced traffic and non-parking revenue. The court has also assisted in mitigating jail expenses with its jail alternatives programs. **Shazed Court Costs is for partial funding for an additional judge from Washington Courts Trial Court Improvement Fund, which funds approxim�ely 30% of the Judge's yearly salary spread oW for 4 quarters. In 2011, we will only receive 3 quarter payments because in 2010 we received 5 quarter payments. Parks & Recreation includes administration, parks maintenance and general recreation. Year-to-date expenditures total $2JM and is below budget by $195.9K. Savings are comprised of $152K in one-time programs not yet spent, $43K in repairs and maintenance, $37K in timing of utility payments, $39K in professional services, and $21K in supplies, offset by $92K overage in temp/seasonal help and related benefits. General Recreation and Cultural Services Direct program expenditures total $766.8K excluding indirect costs. Including indirect administration costs, recreation expenditures total $939.6K. Recreation fees total $799.4K. Recreation fees have recovered 1043% of direct program costs and is 12.9% above the budgeted recovery ratio of 91.4%. Considering indirect administration costs, the recovery ratio is reduced to 85.1% or is 12.6% above with the budgeted recovery ratio of 72.5%. Program subsidy is established during the adopted budget process; increase in new or existing program expenditures require equal or greater revenues. Total Parks revenues of $802.9K is $64.9K or 8.8% above the year-to-date budget of $738K. Compared to year-to-date actual, general recreation is above 2014's activity of $794,SK by $8.4K. Variance compared to year-to-date 2010 actual is due to: • Adult Athletics - Revenues are down $3K and expenses are down $13K. Fall season started for soccer leagues with 30 teams, this is an all time high. Expenses are down from 2010 due to timing of payments for game officials. � Youth Athletics - Revenues are down $6K from 2010 due to timing of field rental payments, expenses are up $3K in temp help due to a Spring/Summer internship program. Youth Tennis lessons are finishing up this month. ■ Senior Services - Revenues are up $2K and expenses are up $6K. Expenses are up due to the purchase of new supplies to gear up for the coming year and the addition of overnight trips that include lodging. Trips and tours continue to be well attended and the drop-in programs at the FWCC continue to grow. ■ Community Recreation -Revenues are up $39K and expenses are up $11K. Preschool education is currently running at full capacity with 70 kids. ■ Recreation Inc. - Revenues are up by $7K and expenses are up by $2K from 2010. Special Olympics bowling is experiencing all time high numbers of participants with 76 registered and cooking classes are running at capacity. Some of these programs are staffed entirely by volunteers. � Arts & Special Events - Revenues are down $30K and expenses are up $IK from 20I0. Attendance has been lower than expected in creative dance programs. T'he expenses are up due to the purchase of new supplies that can be used again and staff reclassification. Staff is experiencing difficulty in obtaining sponsors for events and is working with our contracted dance and gymnastics instructors to add more programs and classes to increase revenues. � Red, White, & Blues - Revenues are the same and expenses are up $2K from 2010. This year's event was larger than last year however parking revenues were down due to available space and competition. The table below is a comparison of budgeted versus actual subsidy and recovery ratio by program. GENERAL RECREATION PERFORMANCE Year-to-date thru Sepiember Badget Actual Recovery Reeovery Varfanee Prognm Revenue' Expend Subsidy Ratio Revenue Expend Subsidy Rstio Subsldy GENERAL RECREATION Steel Lake Aquatics 2,000 20,360 18,360 9.8°� - 28,816 - n/a Ma Arts & SpeCiai Events 162,980 151,487 (11,493) 107.6°k 88.473 96,342 7,869 91.8°k (19,363) Youth Athietics 37,200 100,236 63,036 37.1°� 27,100 52,706 25,607 51.4°r6 37,430 AdultAthl2tiCS 183,000 139,694 (43,306) 131.0% 172,839 108,412 (64,427) 159.4% 21,121 Community Recreation 334,000 275,188 (58,812) 121.4% 357,931 266,191 (91,740) 134.5% 32,928 Recreation Inc 45,781 83,835 38,054 54.6°h 66,490 77,285 10,796 86.0°k 27,259 Youth Commission - 1,800 1,800 n/a - 73 73 n/a 1,727 Red, White & Blue 21,550 36,000 14,450 59.9% 18,673 39,765 21,092 Na (6,642) Senior Services 56,700 114,009 57,309 49.7% 67,876 97,190 29,314 69.8°� 27,995 Subtotal Direct Cost $ 843,211 S 922,610 S 79,399 91.4°� $ 799,381 a 766,780 ; (32,601) 104.3•h S 171,999 Administration - 240,062 240,062 n/a - 172,816 172,816 n/a 67,246 o enera ecrea �on including Indirect Cost $ 843,211 S 1,162,672 $ 319,461 72.5% $ 799,381 $ 939,597 S 140,216 85.1°� 5179,245 •Anrrual budgeted reverrues of $843,211 does not include $5,600 budgeted for Arts Commission. When included, total budget revenues for Parks and General Recreation total $849K, which equals the General/Street Summary page for Parks and General Recreatron budgeted revenues. 2011 revenue of $799,381 does not include $3, 563 for Arts Commission and Celebration Park. When included, the total revenues for Parks and General Recreation totals $802,944, which eguals !he General/Street Summary page for Parks and General Recreatron actual revenues. Federal Wav Communitv Center The Federal Way Community Center Fund was established as a special revenue fund supported by user fees and designated utility tax transfer. 2010 2017 YTD Budget vs Actual' Federal Way Rnnual ' YFD YTD Favorable!(Unfavorable)' Community Cente► Budget ' Actuaf Actua! Budget Budget actual °k Beginning Fund Balance $ 240,014 $ 240,014 $ 240,014 $ 780,753 $ 780,753 $ 780,753 n/a n/a Revenues Daily Drop-ins $ 353,593 $ 320,289 $ 263,757 $ 352,622 $ 290,383 $ 253,302 $(37,081) -12.8% Passes 630,000 713,601 539,496 630,000 476,292 566,669 90,376 19.0% City Staft Membership - Employee 43,500 34,705 28,673 43,500 35,940 26,642 (9,299) -25.9°k City Staff Membership - Family - 3,423 3,423 - - 1,976 1,976 n/a Youth Athletic Programs 35,000 47,393 43,986 35,000 32,483 40,263 7,779 23.9% Open Gym/Indoor Playground 1,000 - - - - - - n/a Aquatics Programs-Lessons/Classes 110,000 123,410 106,174 116,000 99,799 110,895 11,096 11.1% Chi�dcare Fees 10,000 8,674 6,602 9,000 6,850 7,582 732 10.7% Fifiess ClasseslFitness Training 85,000 98,189 77,842 85,000 67,386 83,370 15,985 23.7°h Towel/equipment Rentals 8,000 5,211 4,178 7,000 5,612 3,372 (2,240) -39.9% Pool Rentals/Competitive-Lap Lanes 21,000 17,078 11,058 19,000 12,302 10,000 {2,302) -18.79'0 Rentals 185,000 203,212 158,852 223,300 174,554 139,361 (35,194) -20.2% Merchandise Sales 21,000 7,359 6,416 10,000 8,719 5,296 (3,423) -39.3�0 ConcessionsNending 24,000 3 3 - - 23 23 n/a Interest Earnings/Other Misc Revenues - 856 5,522 - - 866 866 Ma General Park/Rec - Facility use charge 25,000 24,997 18,748 25,000 18,750 18,747 (3} 0.0% Total Revenue 1,552,093 1,608,401 T,274,730 1,555,422 1,229,072 1,268,364 39,292 3.2% Expenditures Personnei Costs 1,312,215 1,229,285 929,053 1,303,919 985,459 984,084 1,375 0.1% Supplies 151,468 150,900 102,248 ?46,750 99,436 90,848 8,588 8.6% Other Services & Charges 124,716 168,066 120,780 176,300 126,697 109,354 17,343 13.7% Utility Cost 381,000 365,727 240,753 380,000 250,149 249,307 842 0.3% Intergovernmental 15,500 26,434 20,673 20,500 16,032 18,881 (2,848) -17.8% Capital - - - - - - - Na Intemal Service Charges 125,727 111,211 94,297 115,370 86,528 86,528 - 0.09'0 Total Expenditures 2,110,626 2,051,623 1,507,804 2,142,839 1,564,301 1,539,000 25,300 1.6°k Operating Rev Over / (Under Exp) (558,533) (443,222) (233,074) (587,417) (335,229) (270,636) 64,593 -14.6% Utility Tax - Reserves 319,727 459,009 - 106,000 - - - 0.0% Utility Tax - Operations 582,504 443,222 237,616 590,000 316,305 270,637 45,668 10.3% Contribution/DonationlTransfer in - Reserves 85,645 90,195 90,195 - - - - 0.0% Total Qther Sources 987,876 992,426 327,811 696,000 316,305 270,637 45,668 4.696 Other Uses Capital/Use of Reserves 8,464 4,288 - - - - Ma Total Other Uses - 8,464 4,288 - - 0.096 Net Income 429,343 540,740 90,449 108,583 (18,924) 1 18,925 3.5% nla Endin Fund Balance S 669,356 $ 780,T53 S 330,462 S 889,335 S 761,83Q E 780,753 S 338,895 �3.4% Operetin Recove Ratio 73.5°� 78.4°�� 84.5°h 72.6°� 78.6°k 82.4°h nla n/a The operating revenue budget includes $1.6M in user fees/program revenues, $590K contribution from utility tax for operations, $106K contribution from utility tax for reserves, and $25K use charge from General Fund Recreation for use of the facility. YTD September operating revenues total $1.3M and is $393K or 3.2% above the YTD budget. In comparison to 2011's year-to-date budget: ■ Daily Drop-in revenues are $37.1K helow due mainly to staff'mg efforts to up-sell daily guests to Membership Passes. Pass revenues are $90.4K or 19.0% above due to marketing and membership retention efforts. Pass numbers are tracking above projections mainly due to high attendance in group exercise and aquatics programs for families. Exceptional customer services, along with strong program offerings are helping bring in new customers and retain current ones. Federal Wav Communitv Center (continued� ■ City Staff Membership revenues and enrollment numbers are down slightly with the adoption of new Employee Pass guidelines that included an Employee Fee of $10/$25 per quarter. ■ Aquatic Programs are $11.1K or 11.1% above due to strong swim lesson registrations. ■ Fitness Classes are up $16K or 23.7% due to strong class registrations and professional service programs like; Pump It Up, H.i.i.T. functional training, Boxing, and Biggest Loser. ■ Rental revenues are $35.2I� or 20.2% below projections due to the loss of two ongoing church rental clients. Also, a week night on-going rental has dropped from the Wednesday schedule for the summer. Staff is following leads on new prospective clients to fill available capacities. � Towel/Equipment rentals still tracking below due mostly to the fact that climbing gear is now included as a membership incentive. ■ Merchandise Sales are $3.4K or 39.3% below projections. New display products and designs have recently arrived. 20I 1 YTD operating expenditures total $I.SM and is $25.3K or l.6% below 2011's YTD budget. Federal Way Community Center has recovered 82.4% of operating expenditures compared to the budgeted recovery ratio of 78.6%. In comparison to 2011's YTD budget: � Personnel Costs are on target due to reducing the use of temp help to offset personnel adjustments made during the 2011- 12 Budget process that included paying an office tech at 100% which is a re-allocation to FWCC from General Rec and an increased use of instructors as opposed to contracted trainers for classes; see other svcs & charges. � Other services and charges are $173K or 13.7% below budget primarily due to a reduction in printings and mailings for smaller print jobs spread throughout the year as oppose to one big print job in the previous year. Also, adjustments to some of the Personal Trainer contraets have reduced professional services wages and increased instructor wages. City's contribution of $696K for the Community Center was scheduled to annually provide $590K for maintenance/operations and $106K for capital reserves. YTD $270.6K is needed to cover maintenance and operations. Dumas Bav Centre Fund In the 2011/2012 Adopted Budget process, Council approved combining Dumas Bay Centre and Knutzen Family Theatre for accounting purposes and is referred to as the Dumas Bay Centre Fund. Dumas Bay Centre Fund year-to-date operating revenue of $462K is above budget by $42K compared to year-to-date budget of $420K due to increased food services and rental activity. Staff completed producing a marketing and communications plan to increase visibility and revenue for 2011 and beyond. Year-to-date operating expenditures total $489K, which is $31K or 6.7% above budget of $459K due to temp help needed to cover staff absence and roof repairs for the theatre. One-time repairs and maintenance include replacement of the dish machine and walk in freezer, and building repairs and maintenance. Ending fund balance for Dumas Bay Centre Fund is a positive $171K, of which $94K is earmarked for repairs and maintenance. Other Departmental Year-to-date Variances City Council expenditures total $391.3K and is below budget by $13.6K mainly due savings found in salary/benefits, food/beverage, and remainder is timing of travel/training. Mayor's �ce expenditures total $8822K and is below budget by $296.8K mainly due to timing of one-time programs for Energy Efficiency GranUWeatherization Grant, Public Defender, and timing of the State/Federal Lobbyist payments. Human Services expenditures total $429.8K and is below budget by $101.9K mainly due to timing of Human Services Contract. Ecorromic Development expenditures total $69.SK and is below budget by $'71.IK mainly due to one-time program for powntown Redevelopment. Human Resources expenditures total $525.7K and is below budget by $82K mainly due ta savings found in job announcement which is offset by overage for the Health Care Consultant, 1-time temporary help and 1-time outplacement services for laid off employees. Finance expenditures total $641K and is below budget by $21.SK mainly due to savings found in salaries/benefits, traveUtraining and under spending of audit cost. Law expenditures total $981.6K and is below budget by $159.IK mainly due to savings in salary/benefits for City Prosecutor military leave and timing of outside counsel. CASH & INVESTMENTS Currently all excess balances are invested in the State Investment Pool. The portfolio yield is 0.13%, which is above the average 6-month US Treasury Bill (0.04%). The total invested balance at the end of September is $41.3M. The state pool is composed of treasury securities (8.14%), interest bearing bank deposits (639%), agency floating rate notes (14.40%), agency variable rate notes (6.57%), discount notes (28.82%), certificates of deposit (0.93%), repurchase agreements (31.76°/a), agency coupons (1.50%), agency callables (0.26%), and N.O.W accounts (1.22%). SIP Average Invested Balance by Type September 2011 Treas ury Securitie; 8.14% Agency Callables 0.26% Repurchase AgreementsJ 31.76% Agency � Bank qgency Coupons Deposits Flpating Rate 1.50% 6.39% Nptes 14.40% qye� Variable Rate �' � jv a � 4 i' Notes � 6.57°h Discount NOW Certificates of �tes Accounts p 28.82% 1.22% 0.93°k Interest Rates Comparison For the Month of September 2d11 6.0% 5.0% 4.0% 3.0% 2.0% 1.0% 0.0% ■ 6 Nbnth T-Bill ■ State In�estrnent Pool O In-house Imestment ■ Portfolio Arerage 2005 2006 2007 2008 2009 2010 2011 DEBT SERVICE Under RCW 39.36.020 (2), The City Council may approve bond issues not to exceed 1.5% of the City's assessed valuation. In addition, the public may vote to approve bond issues for general government in an amount not to exceed 2.5% of the value of all taxable property within the City. The City's outstanding total general obligation debt is $28JM at September 30, 2011. This leaves the City with a remaining debt capacity without voter approval of $102.SM and an additional $82.7M that can be accessed with voter approval. The voter-approved capacity is generally referred to as unlimited tax general obligation debt, which requires 60% voter approval and the election must have a voter turnout of at least 40% of those who voted in the Iast State general election. With this vote, the voter approves additional property tax can be levied above and beyond the constitutional and statutory caps on property tax. In addition to these general-purpose debt capacities, RCW 3936.030(4) also allows voters to approve park facilities and utility bond issues; each limited to 2.5% of the City's assessed valuation. T'herefore, legally the City can issue up to a total of 7.5% of the City's assessed valuation in bonds for $598.6M. The Public Works Trust Fund Loans are the obligation of the Surface Water Utility, backed by the rates collected from users, and are not considered as the City's general obligation debts nor are they subject to the limitation of indebtedness calculation. The tables below show the available debt capacity for the City and schedule of outstanding debt as of September 30, 2011. V= $ 8,268,045,774 (A) 1.50% 2.50% Cash on hand for debt redemption (B) �TION OF LIMITATION OF INDEBTEDNESS' ' Seutember 30. 201I General Purposes Excess Levy Excess Levy Total Councilmanic Excess Levy Open Space Utility Debt (Limited GO) (Unlimited GO) and Park Purposes Ca aci $ 124,020,681 $ (124,020,687) 206,701,144 206,701,144 206,701,144 $ 62Q103,433 7,139,069 - - - 7,139,069 COPs outstanding - - - - - Bonds outstanding (28,683,950) - - - (28,683,950J REMAINING DEBT CAPACITY $ 102,475,805 $ 82,680,458 $ 206,701,144 S 206,701,144 $ 598,558,552 GENERAL CAPACITY (C) S 185,156,263 Final 201 I Assessed Valuation Fund balance of $3,798,927 in DebtService prefunding balance and $3,340,142 in Utility Tax Fund (dces not include earmarked Prop I voter Package). Combined total for Councilmanic, and Excess Lew capacities. OUTSTANDING GENERAL OBLIGATION DEBT - As of Se tember 30, 2011 Amount Outstanding Outstanding Funding Maturity Interest Originally Debt as of Amount Debt as of Callable Cal�ble Descri tion Pu se Source Date Rate Issued 1/1/2011 Redeemed 9/30/2011 Date Amount General Obli ation Bonds: 2 � Valley Comm (911 Limited Dispatch}Center REET I-Dec-IS 531 2,551,600 1,044,000 - 1,044,000 1-Dec-15 - Bldg & Equipment 2003 Communiry Center Uta�c 1-Dec-33 4.67 15,000,000 12,980,000 - 12,98Q000 1-Dec-13 ll,955,000 Limited 2009 SCORE I-Jan-39 14,659,950 14,659,950 - 14,659,950 Total General Obli ation Debt $ 32 21 I 550 $ 28 683 950 $ -$ 28 683 950 $ 11 955 000 Public Works Trust Fund Loan: PWTL SWM CIP-Kius SWM 1-Ju{-14 1.00 1,555,440 344,958 (86,239) 258,719 - - Comer Project SWM CIP-SeaTac PWTL MaIlDetention SWM 1-Ju1-19 1.00 2,475,000 865,077 (96,120) 768,957 - - Pro�. Subtotal PWTFL 4,030,440 1,210,035 (182,359) 1,027,676 - - Grand Total $ 36,241,990 $ 29,893,985 $ (182,359) $ 29,711,626 $ 11,955,000 FUND ACTIVITY SUMMARY Beginning Fund Net lncome Ending Fund Fund/Fupd Name Ba{anceat 1/1l2011 Revenue Expertditure in/(Out) Balance at 9/30/2011 Generat/Sbeet Funds S 8,538,117 $ 33,104,231 a 29,651,468 S 3,452,763 S 11,990,881 Debt Service Fund >' 3,379,427 1,654,226 1,234,726 419,500 3,798,927 Specia/ Revenue 102 Ar�rial Street 561,373 1,705,418 2,046,691 (341,274) 220,099 103 Utifty Tax(� 3,710,184 10,028,564 9,534,518 494,046 4,204,230 106 Sdid Waste 8 Recycing 135,098 320,998 319,259 1,738 136,837 107 Speciai Contracts/Studies Fund 557,474 458 728 (270) 557,204 109 HokeVMotel Lodging Tax 215,658 136,724 122,346 14,378 230,036 110 2°k for the Arts 293 - - - 293 111 Federal Way Corrrnunity Center 780,752 1,539,001 1,539,000 1 780,753 112 Traffic Safety Fund 833,520 72f,036 1,205,000 (483,964) 349,556 119 CDBG ("') - - 11,622 (11,622) (11,622) 120 Path & Trails 136,361 93,462 153,000 (59,538) 76,823 Subtota/ S' ial Revenue Funds 6,930,713 14,545,661 14,932,165 (386,504) 6,544,209 Capital Project: 301 Downtown Redevelopment 3,005,805 142,491 914,217 (771,726) 2,234,079 302 Nh�nicipal Facilities fi42,583 792,397 189,989 602,409 1,244,992 303 Parlcs 2,293,807 434,050 263,530 170,520 2,464,327 304 Surface Water Management 2,542,244 224,052 297,866 (73,814) 2,468,430 306 Transportation 20,101,243 5,276,163 11,600,419 (6,324,256) 13,776,987 SebtotalCa italProjects '28,585,682 6,869,153 13,266,020 �6,396,86� 22,188,815 Enterprise Funds 401 Surface Water Management 2,274,262 2,179,463 2,578,406 (398,943) 1,875,318 402 Dumas Bay 146,982 574,559 550,471 24,088 171,069 SubMtal En 'se Funds " 2,421,244 2;754,022 3,128,877 (374,855) 2,046,389 Intema/ Service Funds 501 Risk Management 5,431,782 660,239 937,412 (277,173) 5,154,609 502 Information Systems 3,241,810 1,553,623 1,262,035 291,588 3,533,398 503 Mai18 Duplication 312,408 142,819 128,437 14,382 326,790 504 Fleet & Equpment 4,867,454 1,577,575 1.453,445 124,130 4,991,584 505 Buildings 8� Fumishin 1,463,970 835,967 716,817 119,150 1,583,120 Subtotal Mlemal Service Funds 15,317,424 4,770,223 4,498,146 ' 272,077 15,589,501 Total A!lFutttls S 85,172,607 y 63,697,515 S 66,711;401 s 3,013,886 S 62158,721 'Utility Tax ending fund balance of $4,204,230 indudes ,8864,088 reserved forProp 1. *'CDBG Negative ending ba/ance is due to timing of grant reimbursements. COUNCIL MEE.TING DATE: November 1, 20ll ITEM #:��' CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB,TECT: VOUCHERS POLICY QUESTION Shoudd the City Council approve the vouchers in the total amount of $2,977,886.26 COMMITTEE: Finance, Economic Deveiopment and Regional Affairs Committee MEETING DATE: October 25, 2011 CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: Tho �I � �' Finance Director Ordinance ❑ Public Hearing Resolution ❑ Other DEp'r: Finance I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claims are just and due obligations against the City of Federal , on, and that I am authorized to authenticate and certify said liens. Finance Director Attachments: Voucher List Options Considered: NA MAYOR RECOMMENDATION: NA MAYOR APPROVAL: COMMITTEE RECOMMENDATION: DIRECTOR APPROVAL: � Committee PROPOSED CbUNCIL MOTION "I move approval of the vouchers pursuant to RCW 42.24. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 02/06/2006 RESOLUTION # �e "I move approval of the vouchers and forward to the November 1, 2011 Council Meeting for approval. " City of Federal Way - Accounts Payable Check List Bank of Amer Check No. Date Vendor Inv Date Invoice 225069 9/16/2011 000771 COSTCOlHSBC BUSINESS SOLUTIONS, 8/26/2011 ;4UGUST 2011 8/26/2011 AUGUST 2011 8/26l2011 AUGUST 2011 8/26/2011 AUGUST 2011 8l26/2011 AUGUST 2011 8/26/2011 AUGUST 2011 225070 9/16/2011 000328 ERNIE'S FUEL STOPS (DBA), 8/31/2Q11 0362603 225071 9/16/2011 000328 fRN1E'S FUEL STOPS (DBA), 8/3112011 0362604 8/31 /2011 0362604 225072 9/16/2011 000514 WA STATE-STATE REVENUES, 9/14/2011 AUG 2011 9/14l2011 AUG 2011 9/14/2011 AUG 2011 9/14/2011 AUG 2011 9/1M201T AUG2011 � 9/14/2011 AUG 2011 9/14/2011 AUG 2011 9/14/2011 AUG 2011 9/14/2011 AUG 2011 9/14/2011 AUG 2011 9/14/2011 AUG 2011 9/14/2011 AUG 2011 9/1M2011 AUG 2017 9/14/2011 AUG 2011 225073 9/16/2011 001259 KING COUNTY CRIME VICTIMS FUND, 9/14/2011 AUG 2011 225074 9/23/2011 013014 AFICHUK, IGOR & SVETLANA 9!7/2011 SEPTEMBER 23, 2011 9f7/2011 SEPTEMBER 23, 2011 225075 9/23l2011 013007 AFICHUK, VITALIY & LYUDMILA 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225076 9/23/2011 012113 AFICICUC, VLADIMIR & IRINA 9R/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225077 9/23/2011 012106 AHMAD, NAZIR 9/7/2011 SEPTEMBER 23, 2011 9/7l2011 SEPTEMBER 23, 2011 225078 9/23/2011 012117 ALDABAEV, PAVEL 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225079 9/23/2011 013011 ALIYEVA, NAILA 8 MEAMEDOVA CAMI 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225080 9/23l2011 012162 AN, MARTIN I 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225081 9/23/2011 013043 APPLEXUS PROPERTIES LLC, 9!7/2011 SEPTEMBER 23, 2011 9f7/2011 SEPTEMBER 23, 2011 225082 9/23/2011 013090 ARCHER, GARY W& ROSARIO C 9!7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225083 9l23/2011 012126 AREF, AMIR M 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 Description FWCC-LAUNDRY SOAP PRCS-DAY CAMP SUPPLIES FWCC-SWIM TEAM BANQUET SUPPLIE PD-SAFE FOR MARIJUANA LEAF TES SWM-INSPECTION TRAILER SUPPLIE FWCC-KID ESCAPE SUPPLIES PWFLT-8/15-8l31-11 FUEL CHARGE PD/SIU-8/15-8/31/11 FUEL CHARG PD-8/15-8/31/11 FUEL CHARGES FI-08/011 STATE PORTION REMIT FI-08/011 PSEA COURT FEES #2 FI-08/011 PSEA COURT FEES #3 FI-08/011 ACCESSCOMMACCT FI-08/011 MULTITRANSACCT FI-OSl011 PSEA JIS FEES FI-08/011 TRAUMA VICTIMS FEES FI-OSl011 SCHOOL ZONE SAFETY FI-08/011 AUTO THEFT PREV. FI-08/11 BRAIN TRAUMA INJ FI-OS/11 SBCC SURCHARGE FEES FI-08/11 HIWAY SAFETY FI-08/11 DEATH INVESTlGATIONS FI-08/11 WSP HIWAY FI-08/11 REMIT CRIME VICTIM FE PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PNwMITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MIT�GATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND Page 1 of 42 Amount Check Total 1,414.23 39.06 728.57 122.93 87.59 340.92 95.16 8,674.34 8,674.34 15,603.77 1,110.35 14,493.42 123,185.56 56,057.44 28,070.25 504.34 55.55 55.55 21,043.26 5,123.20 513.46 9,815.19 1,644.49 216.00 16.65 10.49 59.85 1,952.19 1,952.19 172.61 155.55 17.06 172.61 155.55 17.06 250.58 218.50 34.08 250.58 216.50 34.08 250.58 216.50 34.08 172.81 155.55 17.06 250.58 216.50 34.08 1,313.98 1,175.00 138.98 407.42 212.55 23.51 154.30 17.06 250.58 216.50 34.08 Bank of America Check No. Date Vendor Inv Date Invoice 225084 9/23l2011 013120 AYAKO, WOODY 9l7/2011 SEPTEMBER 23, 2011 9l7/2011 SEPTEMBER 23, 2011 225085 9/23/2011 013120 AYAKO, WOODY 9/7/2011 SEPTEMBER 23, 2011 9/7l2011 SEPTEMBER 23, 2011 Y15086 9/23/2011 013073 BAC HOME LOANS SERVICING LLC, 9/8l2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225087 9/23/2011 012167 BATEH, RAYMOND & HEATHER 9/7l2017 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225088 9/23/2011 012204 BOWMAN, JOSEPH & PAMELA LATRIC 9!8/201? SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225089 9/23/2011 012242 BOYKO, ROMAN & LYUDMILA 9/8/2011 SEPTEMBER 23, 2011 9!S/2011 SEPTEMBER 23, 2011 225090 9/23/2011 012140 BOYLAND, WELDON C 8 DEADRIA T 9/8l2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225091 9l23l2011 013111 BREITHAUPT, GAIL E& JANET E 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225092 9/23/2011 012160 CAMPOS, CHARITY C 9!8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225093 9l23l2011 012125 CAUDILL, GREGORY T 9/8/2011 SEPTEMBER 23, 2011 9/B/2011 SEPTEMBER 23, 2011 225094 9l23/2011 013072 CHAND JAMES V, POONAM P, 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225095 9/23/2011 013085 CHANG, SOK KI 9!7/2011 SEPTEMBER 23, 2011 9!1/2011 SEPTEMBER 23, 2011 9/7l2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225096 9/23/2011 012168 CHAWLA, SANJAY & RESHMI 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225097 9/23/2011 013034 CHEGARNOV, TIMOFEY & NATALAY 9!7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225098 9/23/2011 013083 CHI, MYONG S 8/7l2011 SEPTEMBER 23, 2011 9!7l2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225099 9/23/2011 013068 CHO, HELENA HEE-KYUNG & DAVID 9!7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225100 9/23/2011 012099 CHOE, JAMES S 8 SOON S 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225101 9/23/2011 013081 CHOE, PYONG N 9/7/2011 SEPTEMBER 23, 20T1 9!7/2011 SEPTEMBER 23, 2011 9/7l2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 Description PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PVI�MITIGATIQN REFUND PV�MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PVI�MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PWF-MITIGATION REFUND PVI�MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PV1tiMITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PV1F-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PVI�MITIGATION REFUND PW-MITIGATION REFUND PW-MiTIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND Page 2 of 42 Amount Check Total 236.06 212.55 23.51 171.36 154.30 17.06 250.58 216.50 34.08 250.58 216.50 34.08 250.58 218.50 34.08 250.58 216.50 34.08 250.58 21 B.50 34.08 407.42 154.30 17.06 212.55 23.51 250.58 216.50 34.08 250.58 216.50 34.08 250.58 216.50 34.08 407.42 212.55 23.51 154.30 17.06 250.58 216.50 34.08 172.61 155.55 17.06 407.42 154.30 17.08 212.55 23.51 250.58 216.50 34.08 250.58 216.50 34.08 407.42 154.30 17.06 212.55 23.51 Bank of America Check No. Date Vendor Inv Date Invoice 225102 9/23/2011 013115 CHOI, DOUGLAS K 9/7/2011 SEPTEMBER 23,2011 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9/7l2011 SEPTEMBER 23, 2011 225103 9/23/2011 013117 CHOl. JONATHAN I& KIMMIE S 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225104 9l23/2011 013040 CHRISTIAN FAMILY CAR INC, 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225105 9/23l2011 012166 COOPER, KRISTI M& ALGER C 9/8l2011 SEPTEMBER 23, 2011 9/8l2011 SEPTEMBER 23, 2011 225106 9/23/2011 012174 CORPUZ, CONNIE & EUGENE 9!7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225107 9/23/2011 012186 COURTNEY, WESLEY & ALISA 9/8/2U11 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225108 8/2�2011 013044 DDDICHAL LLC, 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225109 9/23/20'� 1 012213 DELGADO, JOSE & MONICA 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225110 9/23/2011 012169 DIAZ, LILLlAN D 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225111 9/23l2011 013070 DINH, TIEN KIM 9/23/2011 SEPTEMBER 23, 2011 8/23/2011 SEPTEMBER 23, 2011 225112 9l23/2011 013098 DO, HAI-YEN 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225113 9/23/2011 012178 DOHSE, TONY & BRIDGET 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225114 9l23/2011 012124 DONG, YONG QUAN 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225115 9/23/2011 012232 DSOUZA, BOSCO T& NGOC M 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225116 9/23/2011 012143 DUFFY, ERIC G& LAURA L 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225117 9/23/2011 013025 EESTI INVESTMENTS LLC, 9!7/2011 SEPTEMBER 23, 2011 9!7/2Q11 SEPTEMBER 23, 2011 225118 9/23/2011 012122 EIM, SON OK 9/8/2�11 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225119 9/23l2011 013112 ELLIS, TOMMY C 8 OKSU 9!7/2011 SEPTEMBER 23, 2011 9(7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 Description PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MiTIGATION REFUND PW-MITIGATION REFUND PW-MITIGATI�N REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PVI�MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITiGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND Page 3 of 42 Amount Check Total 407.42 212.55 23.51 154.30 17.06 407.42 212.55 23.51 154.30 17.06 1,313.98 1,175.00 138.98 250.58 216.50 34.08 250.58 216.SU 34.08 250.58 216.50 34.08 1,313.98 1,175.00 138.98 250.58 216.50 34.08 250.58 216.50 34.08 250.58 216.50 34.08 407.42 212.55 23.51 154.30 17.06 250.58 216.50 34.08 250.58 216.50 34.08 250.58 216.50 34.08 250.58 216.50 34.08 172.61 155.55 17.06 250.58 216.50 34.08 407.42 212.55 23.51 154.30 17.� B ank of America Check No. Date Vendor Inv Date Invoice 225120 9/23/2011 013071 ENG, ALAN J& MELANIE L 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225121 9/23/2011 012158 EUGENIO, NEIL P& IRENE B 9/8/2011 SEPTEMBER 23, 2011 9/8l2011 SEPTEMBER 23, 2011 225122 9/23/2011 013029 EURO STANDARD CONSTRUCTION, 9!7l2011 SEPTEMBER 23, 2011 9?/2011 SEPTEMBER 23, 2011 225123 9l23/2011 012108 FAJARDO, RENATO & NATfVIDAD 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225124 9/23/2011 013078 FANA FEDERAL WAY CROSSINGS, 9!7l2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9/7l2011 SEPTEMBER 23, 2011 225125 9l23/2011 013077 FEDERAL HOME LOAN MORTGAGE, 9/8l2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225T26 9/23/2011 013069 FEDERAL NATIONAL MORTGAGE, 9/7/2011 SEPTEMBER 23, 2011 9/7l2011 SEPTEMBER 23, 2011 9/7l2011 SEPTEMBER 23, 2011 9/7l2011 SEPTEMBER 23, 2011 225127 9/23l2011 013069 FEDERAL NATIONAL MORTGAGE, 9/7/2011 SEPTEMBER 23, 2011 9!I/2011 SEPTEMBER 23, 2011 225128 9l23/2U11 013041 FILBERT, DDS, BRIAN 9f7l2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225129 9/23/2011 012217 FISHER, PETER & STEPHENIE 9!8/2011 SEPTEMBER 23, 2011 9/8l2011 SEPTEMBER 23, 2011 225130, 9/23l2011 013020 FRANTSEVICH, VLADIMIR 9/7/201 t SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225131 9/23/2011 073097 FRAZIER, LAVONNE 9f7l2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225132 9l23/2011 012134 FURGALA, MONIKA M 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225133 9l23/2011 013045 GAGNIER, TRAVIS & CHRISTY 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225134 9/23/2011 012164 GEHZAD, ELHAM 9/S/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225135 9/23/2011 012112 GLAZKOV, VIKTOR & SVETLANA GLA 9!7/2011 SEPTEMBER 23, 2011 9/7l2011 SEPTEMBER 23, 2011 225136 9/23/2011 012200 GIEBOV, VLADIMIR & MARINA 9/8/2011 SEPTEMBER 23, 2011 9/8l2011 SEPTEMBER 23, 2011 225137 9/23/2011 013042 GLOS OFFICES LLC, 9/7/2011 SEPTEMBER 23, 2011 9!7l2011 SEPTEMBER 23, 2011 225138 9/23/2011 012135 GONZALES, JOSE A& ORALLA 9!8/2011 SEPTEMBER 23, 2011 Description PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PVI�MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUNO PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND P\M-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGAT�ON REFUND PW-MITIGATION REFUND PW-MITIGAT�ON REFUND Page 4 of 42 Amount Check Total 250.58 216.50 34.08 250.58 216.50 34.08 172,61 155.55 17.06 250.58 216.50 34.08 17,145.30 6,445.00 803.85 e,�ss.00 1,097.45 250.58 216.50 34.08 421.84 154.30 17.06 216.50 34.08 236.06 212.55 23.51 1,313.98 1,175.00 138.98 250.58 216.50 34.08 172.61 155.55 17.06 407.42 212.55 23.51 154.30 17.06 250.58 216.50 34.08 1,313.98 1,175.00 138.98 250.58 216.50 34.08 250.58 216.50 34.08 250.58 216.50 34.08 1,313.98 1,175.00 138.98 250.58 216.50 Bank of America Page 5 of 42 Check No. Date Vendor Inv Date Invoice Description Amount Ch eck Total 9/8/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 34.08 225139 9/23/2011 013023 GRIGORYAK, IVAN & GALINA 172.61 9l7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 155.55 9I7/2011 SEPTEMBER 23, 201 i PW-MITIGATION REFUND 17.06 225140 9/23/2011 013082 HALLAM, WARREN G& JANE H 407.42 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 212.55 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGAT{ON REFUND 23.51 9/7/201 T SEPTEMBER 23, 2011 PW-MITIGATION REFUND 154.30 9!7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 17.06 225141 9/23/2011 012129 HAN, SANG N 250.58 9/8/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 216.50 9/8l2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 34:08 225142 9/23/2011 013088 HARDI, MARSHA JOHONSON 407.42 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 212.55 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 23.51 9/7l2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 154.30 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 17.06 225143 9/23/2011 013104 HEE, CHUNG SUNG 407.42 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 212.55 9!7/20t1 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 23.51 9/7/2011 SEPTEMBER 23, 2011 PW-MIT�GATION REFUND 154.30 9!7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 17.� 225144 9/23/2011 013095 HENDERSON, RICHARD S& FRANCHE 407.42 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 212.55 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 23.51 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 154.30 9/7Y2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 17.06 225145 9/23/2011 013079 HENNING, VANESSA L 407.42 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 212.55 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 23.51 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 154.30 9/7Y2011 SEPTEMBER 23, 2tl11 PW-MITIGATION REFUND 17.� 225146 9/23/2011 012116 HONG, YOUNG 250.58 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 216.50 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 34.08 225147 9/23/20T1 013075 HSBC MORTGAGE CORP, 250.58 9/8/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 216.50 9/8/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 34.08 225148 9/23/2011 013028 HUYHN, SANG & BICH-THUY 172.61 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 155.55 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 17.06 225149 9/23/2011 013028 HUYHN, SANG & BICH-THUY 172.81 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 155.55 9/7YZ011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 17.06 225150 9/23/2011 013114 HWANG, HEE JO 407.42 9/7l2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 154.30 9!7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 17.06 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 212.55 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 23.51 225151 9l23/2011 013005 ING BANK F S B, 172.61 9l7Y2011 SEPTEMBER 23, 2011 PW-MITiGAT10N REFUND 155.55 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 17.06 225152 9/23/2011 012115 INGRAHAM, WILLIAM & FRANCINE 250.58 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGAT�ON REFUND 216.50 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 34.08 225153 9/23/2011 012145 JUNOD, BETTY JO 250.58 9/8/2011 SEPTEMBER 23, 2011 PW-MITIGATiON REFUND 216.50 9/8/2011 SEPTEMBER 23, 2011 P1M-MITIGATION REFUND 34.08 225154 9/23/2011 013022 KAHLON, JASMINE 172.61 9!7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 155.55 9!7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 17.06 225155 9/23l2011 012152 KANNEGANTI, PRADEEP 250.58 Bank of America Check No. Date Vendor inv Date Invoice 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225156 9l23/2011 012228 KAYASTHA, SURESH & LALITA 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225157 9/23/2011 012176 KIM, DENNIS 8 JANE 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225158 9/23/2011 U13109 KIM, EUN CHA 9fT/2011 SEPTEMBER 23, 2011 9R/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225159 9/23/2011 012234 KIM, JOHN & SUN YOUNG 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225160 9/23/2011 012172 K6ftA, KY SUNG 8 HAN SUN CHOI 9!7/2011 SEPTEMBER 23, 2011 9/7l2011 SEPTEMBER 23, 2011 225161 9l23/2011 073110 KIM, KYONG EItN 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 20Y1 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225162 9/23/2011 013018 KlM, MINJUNG & KOLATA, MATTHEW 9R12071 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225163 9/23/2011 012130 KIM, NANCY 9/8/2011 SEPTEMBER 23, 2011 9!8/2011 SEPTEMBER 23, 2011 225164 9/23/2011 012133 KIM, TO KYUN 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225165 9/23/2011 012191 KIM, YOUNG HEE 9!7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225166 9/23/2011 013036 KOLOSHA, VALENTIN 9!7/2011 SEPTEMBER 23, 2011 9/7/2071 SEPTEMBER 23, 2011 225167 9/23/2017 012198 KOSTENKO, YELENA A 8 DMITRY V 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225168 9/23/2011 013017 KOVAL, VLADIMIR L 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225169 9/23l2011 013091 KOVALCHUK, VLADIMIR N& NATALI 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225170 9/23/2011 012211 KRISHNA, SAMAKSHI & DEEPAK 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225171 9/23/2011 013032 KRYSA, IGOR 8 IRINA 9/7/2011 SEPTEMBER 23, 2011 9/7l2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225172 9/23l2011 012173 KU, KIM SEUNG WOOK & KU HWI 9/S/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225173 9/23/2011 013118 KWON, SUN C& WINDSOR TRUST Description PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PVIFMITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PVN-MITIGATION REFUND PW-M�TIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND Page 6 of 42 Amount Check Total 216.50 34.08 250.58 216.50 34.08 250.58 216.50 34.08 407.42 212.55 23.51 154.29 17.07 25U.58 216.50 34.08 250.58 216.50 34.08 407.42 212.55 23.51 154.30 17.06 172.61 155.55 17.06 250.58 216.50 34.08 250.58 216.50 34.08 250.58 216.50 34.08 172.61 155.55 17.06 250.58 216.50 34.08 172.61 155.55 17.06 407.42 212.55 23.51 154.30 17.06 250.58 216.50 34.08 345.22 155.55 17.06 155.55 17.06 250.58 216.50 34.08 407.42 Bank of Am erica Page 7 of 42 Check No. Date Vendor Inv Date Invoice Description Amou C heck Total 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 154.30 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 17.06 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 212.55 9/7/2011 SEPTEMBER 23, 20t 1 PW-MITIGATION REFUND 23.51 225174 9/23l2011 012100 LAGISETTI, PRASAD & ANITHA 250.58 9/7l2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 216.50 9/7l2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 34.08 225175 9l23/2011 012107 LAGISETTI, PRASAD K& ANITHA 250.58 918/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 216.57 9/8/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 34.01 225176 9/23/201? 013093 LE, TOAN V& SUONG NGUYEN 407.42 9�//2011 SEPTEMBER 23, 2011 PW-MITIGATION REfUND 212.55 9!7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 23.51 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 154.30 9!7/2011 SEPTEMBER 23, 2011 PW-M{TIGATION REFUND 17.06 225177 9l23/2011 012101 LEE, CHONG YUN & SOO J 250.58 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 216.50 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 34.08 225176 9/2312011 012155 LEE, HO & CHERYL L 250.58 9/8l2011 SEPTEMBER 23, 2011 PW-MIT�GATION REFUND 216.50 9!8/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 34.08 225179 9/23l2011 012184 LEE, JEONG Y 250.58 9/S/2011 SEPTEMBER 23, 2011 PW-M�TIGATION REFUNO 216.50 9/8/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 34.08 225180 9/23/2011 012120 LEE, KYUNG UK & MI YOUMG 250.58 9/8/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 218.50 9!8/2011 SEPTEMBER 23, 2011 PV1tiMITIGATiON REFUND 34.08 22518T 9/23/2011 013t06 LEE, SANDRA SANGHEE y3g,pg 9/7l2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 212.55 8/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 23.51 225182 9/23/2011 013106 LEE, SANDRA SANGHEE 171,36 9/7/2011 SEPTEMBER 23, 2011 PW-M�TIGATION REFUND 154.30 9/7l2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 17.06 225183 9/23/2011 072127 LEE, SANG YEOL & MEE RYANG 250.58 9!8/2011 SEPTEMBER 23, 2011 PW-M�TIGATION REFUND 216.50 9!8/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 34.08 225184 9/23/2011 013047 LEE, SUKJOO JAY 1,313.98 9/7/2011 SEPTEMBER 23, 2011 P1f1�MITIGATION REFUND 1,175.00 9!7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 138.98 225785 9/23/2011 012132 LIPPMAN, MICHAEL R 8 TERESA L 250.58 9/8/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 216.50 9/8/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 34.08 225186 9{23/2011 013118 LIU, TIEN 225187 9/23/2011 225188 9/23/2011 225189 9/23/2011 225190 9/23/2011 225191 9l23/2011 9!7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 9/7Y1011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 073105 MAHN, SIEGFRIED A& EDITH A 9/7/2011 SEPTEMBER 23, 2011 9f7l2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 012102 MAK, ALFONSO, AND 9!7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 012105 MAN, ADAM & DENISE 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 013021 MANCHIK, ALEXANDR & GALINA 9(!/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 013031 MANCHIK, VLADIMIR & MARIANA PW-MITIGATION REFUND PVU-MITIGATION REFUND PW-MITIGATION REFUND PW-MIT�GATION REFUND PVI�MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PV1f-MITIGATION REFUND PW-MITIGATION REFUND PV1hMITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND 407.42 212.55 23.51 154.30 17.06 407.42 212.55 23.51 154:30 17.06 250.58 216.50 34.08 250.58 216.50 34.08 172.61 155.55 17.06 172.61 Bank of America Check No. Date Vendor Inv Date Invoice 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225192 9/23/2011 013035 MANCHIK, YAROSLAV & LYUBOV 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 201 t 225193 9/23/2011 013033 MANCHIK, YURI & VITA 9/7/2011 SEPTEMBER 23, 2011 S/7/2011 SEPTEMBER 23, 2011 225194 9/23/2011 013099 MARTINEZ, KRISTOPHER A 9!I/2011 SEPTEMBER 23, 2011 9!1/2011 SEPTEMBER 23, 2011 9!7/201T SEPTEMBER 23, 2011 9Rl2011 SEPTEMBER 23, 2011 225195 9l23/2011 013103 MI, CHOI SANG 9I7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225196 9/23/2011 013019 MOMOTYUK, YRIY & VALENTINA 9/7/2011 SEPTEMBER 21, 2011 9/7/2011 SEPTEMBER 21, 2011 225197 9/23/2011 012104 MOSTROM, HOWARD 9!7/2011 SEPTEMBER 23, 2011 9/7l2011 SEPTEMBER 23, 2011 225T98 9/23l2011 013046 NEEDHAM LLC, 9/7l2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225199 9/23l2011 013076 NEWTEK BUSINESS SVCS, INC, , 9/8/201 t SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225200 9/23J2011 013113 NGOC, DANG TRAN 9/7l2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 9f7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225201 9/23/2011 013102 NGOC, HONG LE 9!7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 9f7/2011 SEPTEMBER 23, 2011 225202 9/23/2011 013010 NGUYEN, CUONG & NGA DUONG 9lIY2011 SEPTEMBER 23, 2011 9!7l2011 SEPTEMBER 23, 2011 225203 9/23/2011 012119 NGUYEN, RANLY T 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225204 9/23/2011 012245 NORTHLAKE HOMEOWNERS, 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 9!8/2011 SEPTEMBER 23, 2011 9/8l2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 9/S/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 9/8l2011 SEPTEMBER 23, 2011 9!8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225205 9/23/2011 013013 O'ELAMIN, MOHAMED 9/7/2011 SEPTEMBER 23, 2011 9r//2011 SEPTEMBER 23, 2011 225206 9/23/2011 012240 OTT, ANONG V 9!7/2�11 SEPTEMBER 23, 2011 9/7l2011 SEPTEMBER 23, 2011 Description PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MIT{GATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUNp PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATtON REFUND PW-MITIGAT�ON REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND Page 8 of 42 Amount Check Total 155.55 17.06 172.61 155.55 17.06 172.81 155.55 17.06 407.42 212.55 23.51 154.30 17.� 407.42 212.55 23.51 154.30 17.06 172.61 7 55.55 17.06 250.58 216.50 34.08 1,313.98 1,175.00 138.98 250.58 216.50 34.08 407.42 154.30 17.06 212.55 23.51 407.42 212.55 23.51 154.30 17.06 172.61 155.55 17.06 250.58 216.50 34.08 1,252.90 216.50 34.08 216.50 34.08 216.50 34.08 216.50 34.08 216.50 34.08 172.61 155.55 17.06 250.58 216.50 34.U8 Bank of Ameri Check No. Date Vendor Inv Date Invoice 225207 9/23/2011 012171 PARK, CHAN 9/7l2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225208 9/23/2011 013037 PARK, STEVE & HYON 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225209 9/23/2011 013024 PAT, JUSTIN 8 LADA MUSAYEL 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225210 9/23/2011 012147 PATRICELLI, DANNY D 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225211 9/23/2011 013089 PAVEL, DIMOV P 9!7/2011 SEPTEMBER 23, 2011 9!1/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2�11 225212 9/23l2011 013119 PECHENYUK, ROMAN 9R/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9!7l2011 SEPTEMBER 23, 2011 9!7l2011 SEPTEMBER 23, 2011 225213 9/23l2011 012187 PERRY, THOMAS EDWIN 8 EARLENE 9/Sl2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225214 9/23/2011 012123 POLICARPtO, REVIE C& FAYE Y 9/8l2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225215 9/23/2011 013074 POLYAKOV, MIKHAIL N 8 RAISA N 9/8/2011 SEPTEMBER 23, 2011 9/8l2011 SEPTEMBER 23, 2011 225216 9/23/2011 012177 QUACH, QUYEN 9!8/2011 SEPTEMBER 23, 2011 9/8l2011 SEPTEMBER 23, 2011 225217 9l23/2011 012109 RASMUSSEN, COILEEN A 9/7l2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 9f7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225218 9/23/2011 012111 RAZAQ, SAMINA & MAJAZ ABDUL 9/7/2011 SEPTEMBER 23, 2011 9!7l2011 SEPTEMBER 23, 2011 225219 9/23/2011 012244 REID, ANNA & TRUMBIE MESA 9/8/2011 SEPTEMBER 23, 20T1 9!8/2011 SEPTEMBER 23, 2011 225220 9/23/2011 012175 RIVERA, AURORA 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225221 9/23l2011 013086 SAKAI, KEVIN 9!7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 9/7l2011 SEPTEMBER 23, 2011 225222 9/23/2011 013012 SANZGIRI, SHASHIKANT & JENNY 9!7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9I7/2011 SEPTEMBER 23, 2011 9/7l2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225223 9l23/2011 013084 SANZGIRI, SHASHIKANT M& JENNY 9!7/2011 SEPTEMBER 23, 2011 Description PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MiTIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PVI�MITIGATION REFUND PVI�MITIGATION REFUND PW-MITIGATION REFUND PW-MIT�GATION REFUND PW-MITiGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATfON REFUND PVI�MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MIT�GATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PVI�MITIGATIOId REFUND PW-MITIGATION REFUND P�/1�MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PVI�MITICaATiON REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND Page 9 of 42 Amount Check Total 250.58 216.50 34.08 172.61 155.55 17.06 172.61 155.55 17.06 250.58 216.50 34.08 407.42 154.30 17.06 212.55 23.51 407.42 154.30 17.06 212.55 23.51 250.58 216.50 ' 34.08 250.58 216.50 34.08 250.58 216.50 34.08 250.58 216.50 34.08 501.16 216.50 34.08 216.50 34.08 250.58 216.50 34.08 250.58 216.50 34.08 250.58 216.50 34.08 407.42 212.55 23.51 154.30 17.06 580.03 154.30 17.06 212.55 23.51 155.55 17.06 407.42 154.30 Bank of America Page 10 of 42 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 17.06 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 212.55 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 23.51 225224 9/23/2011 013087 SEO, SILVIA M 407.42 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 212.55 9!7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 23.51 9!7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 154.30 9!7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 17.06 225225 9/23/2011 012215 SET, SUOT 9/8/2Q11 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225226 9/23/2011 012179 SHAIKH, FAROOQ & GERALDtNE 9/7Y2011 SEPTEMBER 23, 2011 9/7/201 T SEPTEMBER 23, 2011 225227 9l23/2011 013107 SHON, JIN KYU & MI KIM & SUNWA 9(T/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225228 9/23/2011 012114 SIMPSON, WALTER J& TERESA D 9/7l2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225229 9/23/2011 012236 SMITH, JEFFREY SCOTT 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225230 9/23/2011 013009 SOBO, IGOR & SVELLANA 9/7/2011 SEPTEMBER 23, 2011 9!7/201 T SEPTEMBER 23, 2011 225231 9/23/2011 011791 STEADFAST COMMONS, 9!7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225232 9/23/2011 012156 STEBAKOV, VLADIMIR 9/8/2011 SEPTEMBER 23, 2�11 S/8/2011 SEPTEMBER 23, 2011 225233 9/23/2011 012139 STRASBOURGER, HAIM 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225234 9/23/2011 012097 SUH, DAE HOON 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225235 9/23/2011 012196 TAK, YOUNG 1 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225236 9/23/2011 013006 TALLY HOMES LLC, 9/7/2011 SEPTEMBER 23, 2011 9f7l2011 SEPTEMBER 23, 2011 225237 9/23/2011 013008 TALLY HOMES LLC, 9!7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225238 9/23/2017 012219 TANG, ANH 8 HUYNH MAI 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225239 9/23/2011 013096 TARANJEET, KAUR 9!7/2011 SEPTEMBER 23, 2011 9!7l2011 SEPTEMBER 23, 2011 9i7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225240 9l23/2011 013080 THAI, HOANG-KHOI B 8 JULIE T 9/7/2011 SEPTEMBER 23, 2011 9!7l2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATtON REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PV1F-MiTIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND 250.58 216.50 34.08 250.58 216.50 34.08 407.42 212.55 23.51 154.30 17.06 250.58 216.50 34.08 250.58 216.50 34.08 172.61 155.55 17.06 34,407.56 26,878.00 3,02229 4,0.50.00 457.27 250.58 216.50 34.08 250.58 216.50 34.08 250.58 216.50 34.08 250.58 216.50 34.08 172.61 155.55 17.06 172.61 155.55 17.06 250.58 216.50 34.08 407.42 154.30 17.06 212.55 23.51 407.42 154.30 17.06 Bank of America Check No. Date Vendor Inv Date Invoice 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225241 9/23/2011 013094 THOMPSON, INGRID S 9/7/2011 SEPTEMBER 23, 2011 9!7l2011 SEPTEMBER 23, 2011 9l7/2011 SEPTEMBER 23, 2011 9f7l2011 SEPTEMBER 23, 2011 225242 9/23/2011 OT3108 TIILEY, CAROLA 9/7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225243 9/23l2011 012154 TRASK, ROBERT & TEN PATRICIA A 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225244 9/23/2011 013100 TRINH, PHOUNG T 9/7l2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 9lIY2011 SEPTEMBER 23, 2011 225245 9/23/2011 013038 TROFIMCHIK, SERGERY & NATALIY 9!7l2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225246 9/23l2011 013026 TRUELINE CONSTRUCTION LLC, 9/7l2011 SEPTEMBER 23, 2011 9!7/2011 SEPTEMBER 23, 2011 225247 9/23/2011 012128 TSAI, JULIA 9!8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225248 9/23/2011 012243 VALDEZ, HELEN C 8 ERENSTO D 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225249 9/23/2011 013015 VARKEY, MATHEW & MARIAM 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225250 9l23/2011 012226 VOON, EHUA C 9!8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225251 9/23/2011 011825 WALMART REAL EST BUS TRST, 9/7/2011 SEPTEMBER 23, 2011 9!7l2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 9/7/201 T SEPTEMBER 23, 2011 225252 9/23/2011 012202 WILCOX, GARY B& KIMBERLY J 9/8/2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225253 9/23l2011 003109 WOODSTONE CREDIT UNION, 9R/2011 SEPTEMBER 23, 2011 9l7Y1011 SEPTEMBER 23, 2011 ' 9!7/2011 SEPTEMBER 23, 2011 9r//2011 SEPTEMBER 23, 2011 225254 9/23/2011 013016 YAMAT, SANDRA & VICTOR 9/7/2011 SEPTEMBER 23, 2011 9/7/2011 SEPTEMBER 23, 2011 225255 9/23/2011 012194 YANG, SEUNG HWAN & YONGJA 918/2011 SEPTEMBER 23, 2011 9/S/2011 SEPTEMBER 23, 2011 225256 9l23/2011 012148 YI, HOWARD JONGUN 9/8l2011 SEPTEMBER 23, 2011 9/8/2011 SEPTEMBER 23, 2011 225257 9l23/2011 012098 YI, HWA-YON K 9!I/2011 SEPTEMBER 23, 2011 Description PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PU�MITIGATION REFUND PW-MITIGATION REFUND PW-MIFIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-M�TIGATION REFUND PW-MITIGATION REFUND PW-M�TIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATtON REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND PVI�MITIGATION REFUND PW-MITIGATION REFUND PW-MITIGATION REFUND Page 11 of 42 Amount Check Total 212.55 23.51 407.42 154.30 17.06 212.55 23.51 407.42 212.55 23.51 154.30 17.06 250.58 216.50 34.08 4U7.42 154.30 17.06 212.55 23.51 172.61 155.55 17.06 172.61 155.55 17.06 250.58 216.50 34.08 250.58 216.50 34.08 172.61 155.55 17.06 250.58 216.50 34.08 46,716.09 23,700.00 3,773.23 16,600.00 2,642.86 250.58 216.50 34.08 31,659.47 22,907.00 3,837.19 4,210.00 70522 172.61 155.55 17.06 250.58 216.50 34.08 250.58 216.50 34.08 250.58 216.50 Bank of Ameri Page 12 of 42 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 34.08 225258 9/23/2011 �13092 YONG, JUNCs BYUNG & YUNG RAN 407.42 9/7/201T SEPTEMBER 23, 2011 PW-MITIGATION REFUND 212.55 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 23.51 8/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 154.30 9/7l2011 SEPTEMBER 23, 2011 PW-M�TIGATION REFUND 17.06 225259 9/23l2011 013030 YOUNG, KIM & MI 172.61 9/7@011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 155.55 9/7/2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 17.06 225260 9/23/2011 OT2131 YU, BYONG 8 KYUNG IN 250.58 9!8l2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 216.50 9/8l2011 SEPTEMBER 23, 2011 PW-MITIGATION REFUND 34.08 22526T 9l30/2011 000083 AARO INC DBA THE LOCK SHOP, 11.94 9l13/2011 76295 PWST-DUPLICATE KEYS- 11.94 225262 9l30/2011 004234 ABT TOWING OF FEDERAL WAY INC, 242.27 9/9l2011 7686 PD-VEHICLE TOW CASE 1T-11723 242.27 225263 9/30/2011 012731 ACTION COMMUNICATIONS INC, 4,564.11 6/2/201 t 1106085 PD-ACTION COMMUNICATIONS SYSTE 741.19 6/2/2011 1106085 PD-ACTION COMMUNICATIONS SYSTE 780.19 6/2/2011 1106085 PD-ACTION COMMUNICATIONS SYSTE 975.23 6/712011 1106085 P0.ACTION COMMUNICATIONS SYSTE 875.23 6/2/2011 1106085 PD-ACTION COMMUNICATIONS SYSTE 1,092.27 225264 9l30/2011 013126 ADAMS, SHERI 45.00 9J19l2011 988251 PRCS-CLASS CANCELLED 21.67 9/19/2011 988257 PRCS-CLASS CANCELLED 23.33 225265 9l30/2011 000475 ALARM CENTERS/CUSTOM SECURITY, 135.00 9/20/2011 772521 DBC-Q4 2011 ALRM MNTR SVC 75.00 9l20/2011 772522 DBC-KFT Q4 2011 ALARM MNTR 60.00 225266 9l30/2011 009764 ALL ACCESS PRiNTING & MAILING, 182.48 8/31/2011 24745-2249 HR-BUSINESS CARDS 182.48 225267 9/30/2011 010033 ALLIANCE PRINTING INC, 1,443.21 9/9/2011 12048 PRCS-ARTS COMM. FALL NEWSLETTE 1,443.21 225268 9/30l2011 010530 ARAMARK UNIFORM SERVICES, 194.60 9/1312011 655-5760170 DBC-LINEN SERVICE 45.44 9/6/2011 655-5748101 DBC-LINEN SERVICE 86.53 9l20/2011 6555772209 DBC-LINEN SERViCE 32.41 8/6l2011 14378754 DBC-ARAMARK SAMPLES-LINENS 30.22 225269 9l30/2011 003649 ARBUTHNOT, STEVEN 175.19 9/15/2011 ARBUTHNOT 2011 PD-GPS SYSTEM FOR SWAT VAN 175.19 225270 9/30/2011 001233 AT&T BUSINESS SERVICE, 62.73 9/6/2011 030 598 3151 001 IT-09/11 LONG DISTANCE SVC 2.50 9/6/2011 030 598 3151 001 IT-09/11 LONG DISTANCE SVC 31.37 8/6/2011 030 598 3151 001 IT-09/11 LONG DISTANCE SVC 28.86 22527T 9/30/2011 000755 ATTORNEY 8 NOTARY SUPPLY, 125.00 9/21/2011 DUNNACHIE 2011 LAW-HEATHER NOTARY 125.00 225272 9l30/2011 001604 BALL, GIGI Y 9/16/2011 09l16/11 225273 9/30/2011 011382 BECKWITH, PETER 9l23/2011 BECKWITH 2O11 9/23/2011 BECKWITH 2O11 225274 9/30l2011 010993 BENJERT, JULIE 9/21l2011 BENJERT 2011 225275 9/30/2011 005645 BERTUCCI, MICHAEL 9/20/2011 BERTUCCl2011 225276 9/30/2011 013157 BEST BUY #372, 9/23/2U11 01-82608 REFUND 9/23/2011 01-85388 REFUND 225277 9/30/2011 010185 BIRD, FERESIKA S 9/13l2011 09/13/1 T 225278 9/30l2011 012335 BLACK DOG SOUND & RECORDING LL, 9/20l2011 JULY-AUG 2011 225279 9/30/2011 013146 BLUE LINE TRAINING, MC-INTERPRETER SVC LAW-WSAMA CONF. BECKVI�TH LAW-WSAMA CONF. BECKWtTH PD-2011 CLOTHING ALLOW. BENJER PD-BINOCULARS FOR SWAT FI-01-82608 BEST BUY DUPLICATE FI-01-85388 BEST BUY DUPLICATE MC-INTERPRETER SVC PRCS-SMNR SOUNDS TECHNICIAN 100.00 100.00 409.00 254.00 155.00 500.00 500.00 294.14 294.14 100.00 50.00 50.00 100.00 100.Q0 1,650.00 1,650.00 99.00 Bank of America Page 13 of 42 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 9/14/2011 301 PD-WHY TEES KILL SMNR - MATSUY 99.00 225280 9l30/2011 001630 BLUMENTHAL UNIFORM CO INC, 2,859.10 9!6/2011 895071 PD-BOOT ALLOW. HOWELL 197.05 8/31/2011 890624 PD-MEDALS & INSIGNIAS 2,662.05 225281 9/30/2011 005010 BOONE ELECTRIC CONSTRUCTION, INC 107.00 9l20/2011 11-103778 REFUND CD-11-103778 OUT OF CITY LIMIT 3.00 9/20/2011 11-103778 REFUND CD-11-103778 OUT OF CITY LIMIT 3.00 9/20l2011 11-103778 REFUND CD-11-103778 OUT OF CITY LIMIT 101.00 225282 9/30/2�11 006680 BOYLE, SHARON 227.02 9/20l2011 BOYLE 2011 PRCS-MATERIAL & SUPPLIES FOR C 88.44 9/20/2011 BOYLE 2011 PRCS-WHITE PANTS FOR FRIENDSHI 65.67 9/20/2011 BOYLE 2011 PRCS-MATERIAL FOR COSTUMES FOR 72.91 225283 9/30/2011 004919 BRATWEAR, 153.43 9l8J2011 321126 PD-ALTER TAN JUMPSUIT 91.68 9!6/2011 321162 PD-REPAIR PURCELLA JUMPSUIT 61.75 225284 9l30/2011 00395U CAR TOYS INC, g73,g2 5/31l2011 05311 FWl'UAH PWFLT-SPEAKER SENSORS, TWEET L 436.51 . 6!7/2011 06071FVWGTO PWFLT-SPEAKER SENSORS, TWEET L 436.91 225285 9/3W2011 000991 CASCADE COFFEE INC, 52.00 8l29/2011 20651124 HR-COFFEE & COFFEE SUPPLIES 52.00 225286 9/30/2011 012371 CASCADE ENGINEERING SERVICES, 1,280.00 8/31/2011 ML-11083103202 PD-RADAR CALIBRATIONS 1,280.00 225287 9/30/2011 UO2351 CASCADE MOBILE MIX, 306.60 8/1l2011 27548 SWM-CONCRETE- 306.80 225288 9/30/2011 011524 CASCADE PRINT MEDIA INC, 8,199.15 8/29/2011 11-32435 SWR-PRINTING SERVICES- 6,089.15 S/29/2011 11-32435 SWR-PRINTING SERVICES 1,000.00 8/29/2011 11-32435 SWR-PRINTING SERVICES- 1,100.00 225289 9/30/2011 009573 CENTER ELECTRIC, INC., 418.29 9J9/2011 30057-000 FWCC-MOTOR MAINTENANCE 418.29 225290 9/3W2011 004676 CENTERSTAGE THEATRE ARTS, 5,279.00 9/1Y1011 SEPTEMBER 1, 2011 DBG09/11 KFT MANAGEMENT AG09- 6,300.00 9/1/2011 SEPTEMBER 1, 2011 DBG09l11 KFT MANAGEMENT REPAY -1,021.00 225291 9/30/2011 001481 CH2M HILL NORTHWEST INC, 41,248.47 8l26/2011 3805704 PWST-21ST AVE � 336TH DESIGN A 41,248.47 225292 9/30/2011 �13162 CHAMBERLAIN, TED 250.00 9/17/2011 SEPTEMBER 17, 2011 PRCS-ARTS IN THE GARDEN DISPLA 250.00 225293 9/30l2011 005622 CHELAN COUNTY TREASURER'S, 125,615.00 9/5/2011 450001-01972 PD-08/11 CHALAN PRISONER HOUSI 125,615.00 225294 9/30/2011 012939 CHEM MARK, 85_96 9/1M2011 50222 DBC-DISH DETERGENT 85.96 225295 9/30/2011 007368 CHIEF SUPPLY CORPORATION, 1,619.79 9/8/2011 423855 PD-PORTABLE RADIO BATTERIES 1.619.79 225296 9/30l2011 013128 CHUNG, EUN qq 9/19/2011 988258 PRCS-SWIM LESSONS CANCELLED 44.00 225297 9/30/2011 011595 CITY OF BUCKLEY, 10,260.00 8/31/2011 AUGUST 31, 2011 PD-08/11 BUCKLEY PRISONER LODG 10,260.00 225298 9/3W2011 010360 CITY OF FEDERAL WAY, �,387,32 9/14/2011 CK #1190 PD-FBINAA TRNG S NEAL 402.72 9/14/2011 CK #1190 PD-FBINAA TRNG S NEAL 80.00 9/20/2011 CK #1191 CD-WACE CONF. LEMKE 300.00 9/20/2011 CK #1191 CD-WACE CONF. LEMKE 75.00 9/20/2011 CK #1192 CD-WACE CONF. VAUSE 300.00 9/20/2011 CK #1192 CD-WACE CONF. VAUSE 75.00 9/20l2011 CK #1192 CD-WACE CONF. VAUSE 154.60 225299 9/30/2011 005817 CITY OF FIFE, 24,554.00 9/9/2011 0006441 PD-08/11 FIFE PRISONER LODGING 24,554.00 225300 9l30/2011 005158 CITY OF SEATTLE, 60.00 9/20/2011 HIGGINS REGISTER PKM-PESTICIDE LICENSE RECERTIF 60.00 225301 9/30/2011 011606 CIVICPLUS, 80.00 8/31/2�11 91840 CD-'ENGAGE FEDERAL WAY' WEBSIT 80.00 225302 9/30l2011 012961 CLEAR VIEW EQUIPMENT CO, 2,973.00 Bank of America Check No. Date Vendor Inv Date Invoice 8/S/2011 US 7032 225303 9/30/2011 003752 COASTWIDE SUPPLY DBA, 8/30/2011 W2337394-3 225304 9/30/2011 001969 CODE PUBLISHING COMPANY INC, 9/14/2011 38980 9/6/2011 38907 225305 9/30/2011 007591 COMMERCIAL SPACE ONLINE INC, 9/1/2011 75813 225306 9/30/2011 010303 COOL GUY GEAR LLC, 10l25/2011 22515 225307 9/30/2011 013127 COOLIDGE, MICHELLE 9/19/2011 988243 225308 9l30/2011 008445 COPIERS NORTHWEST INC, 9/13/Z011 INV581742 225309 9/30/2011 Q00721 CORLfSS RESOURCES INC, 9!1/2011 299919 8/3112011 299711 8/31/2011 299712 9/8/2011 300546 9/13/2011 301277 225310 9l30/2011 012359 COUNTY OF LOS ANGELES, 9/14/2011 13064 225311 9/30/2011 011096 COURTSPORTS INC, 9/3/2011 1516 9/3/2011 1516 225312 9/30/2011 008766 CRYSTAL CARPET CARE, 9/20/2011 92011 225313 9/30/2011 000854 D J TROPHY, 7/25/2011 232194 �/15/2011 232153 225314 9/30/2011 013060 DETROIT INDUSTRIAL TOOL, 8l10/2011 447731 225315 9/30/2011 005922 DEX MEDIA WEST, 7/23/2011 650474119 225316 9/30/2011 008039 DMX MUSIC, 8/1/2011 50191272 9/1/2011 5020fi549 225317 9l30/2011 005341 DODD, ESCOLASTICA ROSA 9l16/2011 09/16/11 9l13/2011 09/13/11 225318 9/30/2011 000939 DS WATERS OF AMERICA, LP, 9/1 /2011 5236041090111 9/4/2011 5236069090411 9/4/2011 5236069090411 225319 9/30/2011 013145 DURHAM, DAVID 9/12/2011 11-103400 REFUND 225320 9l30/2011 000570 EAGLE TIRE & AUTOMOTIVE (DBA), 9/9/2011 1082669 9/9/2011 1082670 9/8/2011 1082647 9/8/2011 1082652 9/8/20T 1 1082657 225321 8/30/2011 009021 EDWARDS, NOLAND A 9/13/2011 09/13/11 9/21/2011 09l21/11 9/20/2�11 09/20N 1 225322 9/30/2011 Q08620 ELLIS, JASON 8/3/2011 ELLIS 2011 225323 9/30/2011 000328 ERNIE'S FUEL STOPS (DBA), 9/15/2011 0364247 9/15l2011 0364248 9/15/2011 0364248 Description SWM-PROTOTEK TRANSMITTER- FWCC-JANITORIAL SUPPLIES HRCK-CODIFICATION SERVICES HRCK-CODIFICATION SERVICES CDED-09/17 PROPERTY DATABASE S PD-REPLC VEST CARRIER PRCS-CLASS CANCELLED 1T-08/11 COPIERS/PRINTERSMAIN PWST-CONCRETE SUPPLIES PWST-CONCRETE SUPPLIES PWST-CONCRETE SUPPLIES PWST-CONCRETE SUPPLIES PWST-CONCRETE SUPPLIES FWCC-2011-2012 POOL CERT. R TO FWCC-RECOAT GYM FLOORS FWCC-RECOAT GYM FLOORS DBGCARPET CLEANING PRCS-ENDURANCE PLAQUE PRCS-SOFTBALL TROPHIES SWM-DIAMOND BLADE- DBC-07/11 DIRECTORY ADS IT-08/11 ALL DIGITAL MUSIC IT-09/11 ALL DIGITAL MUSIC MC-INTERPRETER SVC MC-INTERPRETER SVC PKM-WATER COOLER RENTAL- FWCC/PRCS-WATER/COOLER RENTAL FWCC/PRCS-WATER/COOLER RENTAL CD-11-103400 REFUND APPEAL FEE PWFLT-REPAIR TIRE PWFLT-TOW, INSTALL STARTER, E PWFLT-REPLC MAF SENSOR PWFLT-MOUNT TIRES 8 BALANCE PWFLT-WHEEL BALANCE MC-INTERPRETER SVC MC-INTERPRETER SVC MGINTERPRETER SVC PD-NW GANG CONF. J ELLIS PWFLT-09/01-09/15/11 VEHICIE F PD-09/01-09/15/11 VEHICLE FUEL PD-09/01-09/15/11 VEHICLE FUEL Page 14 of 42 Amount Check Total 2,973.00 10.99 10.99 782.93 597.87 155.06 100.00 100.00 87.60 87.60 88.57 88.57 2,340.15 2,340.15 1,596.27 613.21 89.24 303.87 303.87 286.08 65.00 65.00 2,950.00 1,475.00 1,475.00 376.00 376.00 737.f6 162.28 574.88 236.42 236.42 84.53 84.53 128.48 64.24 6424 225.00 125.00 100.00 202.11 13.14 94.49 94.48 100.00 100.00 1,638.74 n.o� soe.n 398.95 332.93 221.02 300.00 100.00 100.00 100.00 225.00 225.00 22,442.41 6,515.48 14,911.60 1,075.33 B of Am erica Check No. Date Vendor Inv Date Invoice 225324 9/30/2011 001748 EVERSON'S ECONO-VAC INC, 8/31/2011 067795 225325 9/30/2011 013065 FAGOTHEY, DWIGHT 9l21 /2011 0991100064336 225326 9/30l2011 008647 FASTENAL, 8/31/2011 WAFED113884 225327 9/30l2011 000229 FEDERAL WAY CHAMBER COMMERCE, 9/1/2011 8176 9/1/2011 8325 9lIY2011 2031 9/7/2011 2031 9f7l2011 2031 9/7/2011 2031 225328 9l3W2011 000229 FEDERAL WAY CHAMBER COMMERCE, 9/23/2011 SEPTEMBER 30, 2011 225328 9l30/2011 001276 FEDERAL WAY COMMUNITY COUNCIL, 9l20/2011 303 225330 9/30/2011 002664 FLEX-PLAN SERVICES INC, 8/31/2011 181265 225331 9/30l2011 012996 FLYING AJ'S TRACK CLUB, 918YLOY1 SEPTEMBER 30, 2011 225332 9/30/2011 008860 FOOD SERViCES OF AMERICA, 9/21/2011 3363318 9/8/2011 3331385 9/13/2011 3342362 225333 9/30/2011 013156 FORENSIC PIECES INC, 9/23J2011 VANDERVEER 2001 225334 9l30/2011 009242 FSH COMMUNICATIONS LLC, 9/1/2011 000469977 225335 9/30l2011 004566 G&M HONEST PERFORMANCE, 9/14/2011 149498 9/19/2011 149651 225336 9/30/2011 013153 GARDINER, JEAN 9/9/2011 984412 225337 9/30/2011 013152 GASS, MICHAE� 9!9l2011 984413 225338 8/30/2011 012995 GBH COMMUNICATIONS INC, 9l12/2011 SI480565 9/12/2011 S1480565 9/12/2011 S1480565 9/12/2011 SI480565 225339 9l30/2011 011650 GEBREMICHAEL, MERIAM 9/20/2011 09/20l11 225340 9/30/2011 010940 GOODYEAR WHOLESALE TIRE CNTR, 9l14/2011 162065 225341 9/30/2011 002547 GRAINGER INC, 9!7/2011 9630461847 9/6/2011 9629111460 S/29/2011 9623040905 9/1/2011 9626043104 9/1/2011 9626466172 225342 9/30/2011 013063 GULCHUK, ANATOLIY 9/B/2011 0991100070069 225343 9/30/2011 000671 H D FOWLER COMPANY, 9/9/2011 C260877 9/7/2011 12992680 9/9/2011 12995107 225344 8/30/2011 003534 HALL, PAM 9/15/2011 HALL 2011 225345 9/30/2011 013155 HARDIN, CRAIG 9/9/2011 984414 225346 9/30/2011 003841 HEAD-QUARTERS PTS, Description SWM-08/11 MAINT/SERVICE AGOS-0 MC-RED LIGHT PHOTO FAGOTHEY PWST-WRENCH- CM-08/11 BUSINESS INCUBATOR AG CDED-08/11 TOURISM WEBSITE MAI CGCHAMBER LUNCHEON- CGCHAMBER LUNCHEON- CGCHAMBER LUNCHEON- CGCHAMBER LUNCHEON- P0.ENERGY IMPROVEMENTS REBATE CDED-SAND SCULPTURE SPONSORSHI HR-08/11 FLEX PLAN ADM SVCS CDED-TOURISM ENHANCEMEN7 GRANT DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBGCATERING SUPPUES PD-CSI TRNG VANDERVEER IT-08/11 FSH PAYPHONE SVCS PWFLT-MATS & REAR LINERS PWFLT-RETURN REAI2 LINERS PRCS-CLASS CANCELLED PRCS-CLASS CANCELLED Freight IT-MC/RR HDX 60U0 HD- IT-MC/RR HDX - IT-MClRR HDX- MGINTERPRETER SVC PD-NEW TIRES DELIVERED TO SPAR FWCC-FACILITY MAINT SUPPLIES PKM-SAFETY EQUIPMENT- SWM-REPLACEMENT LENS FWCC-APRON FWCC-GLOVES, CABLE LOCK MC-RED LIGHT PHOTO GULCHUK PKM-RETURN IRRIGATION SUPPLIES PWST-IRRIGATION PARTS PKM-IRRIGATION REPAIR SUPPIiES PD-WATER CUPS PRCS-CLASS CANCELLED Page 15 of 42 Amount Check Total 23,338.10 23,338.10 24.00 aa.00 114.02 114.02 8,728.33 8,333.33 250.00 20.00 20.00 20.00 85.00 4,228.70 4,228.70 6,311.71 6,311.71 237.20 237.20 3,000.00 3,000.00 4,194.03 1,862.04 1,466.68 865.31 495.00 495.00 160.00 160.00 83.70 188.45 -104.75 42.00 42.00 116.00 116.00 6,617.63 20.28 4,434.75 848.82 1,314.00 100.00 100.00 379.67 379.67 ass.s� 138.08 60.98 14.89 19.75 51.97 150.00 150.00 80.41 -80.43 80.43 80.41 103.57 103.57 42.00 42.00 81.50 Bank of America Page 16 of 42 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 9/16/2011 24537 SWR-PORTABLE TOILET RENTAL- 81.50 225347 9/30l2011 001487 HEWLETT-PACKARD COMPANY, 14,418.19 9/8/2011 30641221-001 IT-RR HP PROLIANT DL380G7, (2) 11,830.12 9/S/2011 30641221-001 IT-RR HP 300G8 SAS HARDDRIVE 494.00 9/8/2011 30641221-001 IT-RR F!P CAREPACK, 5 YEARS, NE 664.00 9/8/2011 30660940-001 IT-HP LTO-3 ULTRIUM SOOGB RW N 1,430.07 225348 9/30/2011 001073 HISTORICAL SOCIETY-FEDERAL WAY, 1,674.00 9l15/2011 SEPTEMBER 30, 2011 PRCS-MARKETING DEVELOPMENT AG1 500.00 9!7/2011 SEPTEMBER 30, 2011 PRCS-MARKETING DEVELOPMENT AG1 1,174.00 225349 9/30/2011 011754 HOMAVAND, JOHN 100.00 9/16/2011 09/16/11 MC-INTERPRETER SVC 100.00 225350 9/30/2011 003256 HURLEY ENGINEERWG COMPANY, 510.05 9/12/201 t 30406 DBC-BOILER 8 DHW UNIT SERVICE 510.05 225351 9l3Q/2011 001431 ICON MATERIALS INC, 400,124.71 9/12/2011 AG11-104 #3 PWST-320TH OFF RAMP CHANNELIZA 400,124.71 225352 9/30/2011 000016 IKON OFFICE SOLUTIONS, �gg.gg 9!2/2011 502C11558/8 IT-09/11 ALL FAX MAINT 9.80 9!2/2011 5020155818 IT-09/11 ALL FAX MAINT 98.00 9/2/2011 5020155818 IT-09l11 ALL FAX MAINT 88.19 225353 9/30/2011 012846 IMS INFRASTRUCTURE, 29,803.75 9/15/2011 11011-3 PWST-PAVEMENT DISTRESS SURVEY 29,803.75 225354 9/30/2011 005757 INSTITUTE FOR FAMILY, 150.00 9l15/2011 33907 DBC-RENTAL DEPOSIT REFUND 150.00 225355 9/30/2011 007109 INTERCOM LANGUAGE SVCS, �,275,pp 9/6/2�11 11-159 MC-INTERPRETER SVC 1,275.00 225356 9/30/2011 010737 INTERWEST DEVELOPMENT NW INC, y2g,72 8/25/2011 81157 SWM-GRAVEL DASH PT RD MUDSLIDE 229.72 225357 9/30/2011 012927 �RON MOUNTAIN INFORMATION MGMT, 412.83 9l22/2011 DZS7884 PD-RECORDS STORAGE SVC 412.83 225358 9/30/2011 009730 JACK, DRISKELL J 200.00 9/1/2011 09/01/11 MC-INTERPRETER SVC 100.00 9/14/2011 09/14/11 MC-INTERPRETER SVC 100.00 225359 9l30/2011 010757 JOHNSON-COX COMPANY, 350.40 9/19/2011 00057878 FI-AJP ENVELOPES 350.40 225360 9l30/2011 005056 JONES, WARREN CASEY 225.00 9/28/2011 JONES 2011 PD-GANG CONF. C JONES 225.00 225361 9/30/2011 013142 JW ELECTRIC, 9/21/2011 11-103812 REFUND . 9/21/2011 11-103812 REFUND 9/21/2011 11-103812 REFUND 225362 9/30/2011 011736 KIM, CHUL JOON 9/19/2011 09/19/11 9l13/2011 09/13/11 9/16/2011 09H 6/11 225363 9/30/2011 000125 KING COUNTY FINANCE DIVISION, 8/19/2011 1625309 8/19/2011 1625309 8l19/2011 1625309 8/19/2011 1625309 9/19/2011 1627378 9/19/2011 1627381 9/19/2011 1627382 9/19/2011 1627382 9l19/2011 1627382 9l19/2U11 1627382 9/19/2011 1627382 9/19/2011 1627382 9/19/2011 1627382 9N 9/2011 1627382 9/19/2011 1627382 9/19/2011 1627382 225364 9/30l2011 000376 KING COUNTY FINANCE DIVISION, CD-11-103812 OUT OF JURISDICT� C0.11-103812 OUT OF JURISDICTI CD-11-103812 OUT OF JURISDICTI MC-INTERPRETER SVC MC-INTERPRETER SVC MC-INTERPRETER SVC IT-09/11 NETSVCSAG11-1t1 - IT-09/11 NET SVCS AG11-111 - IT-09/11 NET SVCS AC,11-111 - IT-09/11 NET SVCS AG11-711 - PWTR-08/11 8SC SIGN/MRKNGS MTN PWTR-08/11 BSC SIGN/MRKNGS MTN PWTR-08/11 DISC INVOICE TRFFC- PWTR-08/11 DISC INVOICE CAPITA PWST-08/11 DISC INVOICE PED SA PWST-08/11 DISC INVOICE HOV PH PWST-08/11 DISC INVOICE S 348T PWST-OS/11 DISC INVOICE 2011 O PWST-08/11 DISC INV. TRAFFIC B PW-08/11 DISC INV. CHURCH OF B PW-08l11 DISC INV. MISC: PW-08/11 DtSC INV. FWPS CNTR 86.50 3.00 3.00 80.50 300.00 100.00 100.00 100.00 77,881.82 414.00 103.50 258.75 258.75 66,379.01 1,683.08 23.33 168.36 788.38 5,636.54 324.11 108.49 t ,193.44 1,084.38 -650.96 120.66 17,008.64 Bank of America Check No. Date Vendor Inv Date Invoice 8/26/2011 SWM FEES #200t-1 225365 9/30/2011 005568 KING COUNTY FLEET ADM DIVISION, 9/7/2011 205509 225366 9/30/20t1 009492 KPG INC, 8/25/2011 80711 7/25/2011 7081 T 225367 9l30/2011 003399 KVASNYUK, NIKOLAY 8/16/2011 08/16/11 225368 9/30/2011 009387 L& S TIRE COMPANY, 9/17/2011 53218 9/17l2011 53219 225369 9/30/2011 013151 Lf1KE, MARY JO 9/9/2011 984407 225371 9/30/2011 000096 LAKEHAVEN UTILITY DISTRICT, 9/8/2011 101103 9l15J2011 3519201 9/15/2011 2781401 9/15/2011 2798301 9/T 5/2011 28308U1 9/15/2011 3341801 9/15l2011 3341901 8/12/2011 3481301 9!8l2011 99902 9/8/2011 3461301 9!8/2011 3474201 9/8/2011 3474301 9/8/2011 3499201 9/8/2011 3513001 9/8/2011 3518001 9!8/2011 3541001 9/8/2011 3552401 9/8/2011 3563701 9/8l2011 3568201 S/8l2Q11 3568601 9/22/2011 3042401 9/8/2011 3075201 9/8/2011 3075201 9/8/2011 3075301 9/S/2011 3075301 9!S/2011 3075401 9!8/2011 3075401 9/8/2011 3336201 9/8/2011 3336301 9/8/2011 3383601 9/8/2011 3383701 9/8l2011 3405101 9/8/2011 3405101 9/8/2011 3461301 9/8/2011 2573402 9/8l2011 2913103 9/8/2011 2913103 9/8/2011 2922203 9!8/2011 2922503 9/8/2011 2926402 9/8/2011 2926402 9/8/2011 2926501 9/8l2011 2926501 9/8/2011 2957001 9/8/2011 2961401 9/8/2011 3238401 9/8/2011 3266301 225372 9/30/2011 004052 LEED, 9/6/2011 09061105 Description PW-SWM UTILITY BILLINGS PERPET SWM-KUT KWICK PARTS PWST-HOV IV ENGINEER�NG SVC AG PWST-HOV IV ENGINEERiNG SVC AG MC-iNTERPRETER SVC SWR-TIRE RECYCLING SERVICES- SWR-TIRE RECYCLING SERVICES- PRCS-CLASS CANCELLED PKM-OS/11-07l21l11 630 356TH S PWST-05/11-OS/03/11 35601 21 ST P KM-05/ 11-07/28/ 11 2501 349TH P KM-OS/11-07/25/11 32800 14TH PKM-05/11-07/27/11 2700 340TH P WST-06/11-08/02l11 35826 16TH PWST-O6/11-08/02/11 1559 S 356 PWST-05/11-07/OS/11 SR 99 S 27 PKM-OS/11-07l21/11 411 348TH S FWCC-OSl11-07l27/11 876 S 333R FWCC-05/11-07/21/11 876 S 333R FWCC-05/11-07/21/11 876 S 333R PKM-05/11-07/20l11 2220 S 333R PWST-OS/11-07/21/11 33647 20TH PWST-OS/11-07/21/11 35205 PAC PWST-05l11-07l21M 1 930 348TH PWST-OS/11-07/21/11 35503 PAC PWST-OS/11-07/21/11 101 S 348T SWM-OS/11-07/22J11 1026 S 351S PKM-OS/11-07/21l11 34915 4TH A PWST-05/11-07/27/11 2500 336TH PKM-OS/11-07/20/11 1095 324TH PKM-O5/11-07/20/11 1095 324TH PKM-OS/11-07/20/11 1095 324TH PKM-05l11-07l20/11 1095 324TH PKM-OS/11-07/20/11 1095 324TH PKM-O5/11-07l20/11 1095 324TH PWST-OS/11-07l22/11 32409 PAC PWST-05l11-07/20/11 32402 PAC PWST-OS/11-07/20/11 33300 PAC PWST-05/11-07/20/11 32500 PAC PKM-O5/11-07/21/11 600 S 333RD PKM-OS/11-07/21/11 600 S 333RD FWCC-OS/11-07/21i11 876 S 333R PKM-OS/11-07/22l11 34800 14 PL PKM-U5l11-07/21/11 33325 8TH A PKM-OS/11-07/21/11 33325 8TH A PKM-05/11-07/21l11 33325 8TH A PKM-05/11-07l21l11 33325 8TH A P KM-OS/11-07/22/11 33914 19TH P KM-05/11-07/22/11 33914 19TH P KM-O5/11-07/22/11 33914 19TH PKM-OS/11-07/21 /11 33914 19TH PKM-05/11-07/20/11 1095 324TH PWST-05/11-07/21/11 34727 PAC PWST-05/11-07l20/11 32001 PAC PKM-OS/11-07/22/11 1540 SW 356 PD-DEFTECH SPONGE ROUNDS, POWD Page 17 of 42 Amount Check Total 17,008.64 131.95 131.95 30,757.33 7,966.80 22,790.53 200.00 200.00 1,123.00 937.00 186.00 95.00 95.00 15,875.79 -112.4� 131.92 110.46 510.82 322.01 90.99 87.11 402.35 36.95 5,346.67 392.58 10.74 -86.07 19.72 192.76 40.09 81.52 45.40 19.72 20.74 0.84 539.6b 539.74 126.17 34.31 _ 175.40 100.78 19.72 19.72 194.21 544.66 45.40 27.32 2,831.97 19.72 440.95 346.53 10.74 502.8� 111.12 64.60 138.62 71.59 19.72 19.72 1,245.92 19.72 2,Y21.27 2,173.40 Bank of America Check No. Date Vendor Inv Date Invoice 9/6/2011 09061108 225373 9/30/2011 011909 LEXISNEXIS RISK, 8/31 /2011 1470204-20110831 8/31l2011 1470204-20T 10831 225374 9/30/2011 007985 LINCOLN EQUIPMENT INC, 8/31l2011 SI171628 9/1/2011 SI171803 225375 9/30/2011 000630 LLOYD ENTERPRISES INC, 9t9/2011 154439 9!9/2011 154441 sisnoi� isaaas 9/6/201 t 154248 3/6/2011 154248 22537& 9/30/2011 005339 LOWE'S HIW INC, 9l16l2011 02409 9/16/201T 02566 9l15/2011 02341 9/16/2011 11971 9/8/2011 14424 8/1/2011 Q2317 9/6/2011 01309 9!8/2011 14518 9l13/2011 02945 9l13/2011 23643 225377 9l30/2011 700156 MACDONALD MILLER SERVICE INC, 5/1/2011 PM010807 225378 9/30/2011 005043 MACHINERY POWER & EQUIPMENT CO, 8l29/2011 320Q5755-001 8/29/2011 32005755-001 225379 9/30/2011 009433 MAKSIMOV, YURI 9/20/2011 �9/20/11 225380 9/30/2071 009851 MARTIN, CHRIS 9/28/2011 MARTIN 2011 225381 9/30/2011 010490 MARTINSONS, JAQUELYN 9H 9/2011 1043 225382 9/30/2011 011811 MATTIX, SAMUEL A 9/13/2011 09/13l11 225383 9/30/2011 004182 MCDONOUGH & SONS INC, 9/10/2011 176210 9/12/2011 176413 225384 9/30/2011 013138 MCDOWELL, ELAINE 9/19/2011 988247 225385 9l30/2011 013137 MCGRAW, TOM 9/19/2011 988244 225386 9/30/2011 005176 MERINO STRAWE, BETTY 9/20/2011 09/20/11 9/13/2011 09/13111 225387 9/30/2011 004380 MICRO DATA BUSINESS FORMS, 9/6/2011 411156 225388 8/30/2011 012823 MILES RESOURCES LLC, 9/15/2011 211774 9/12/2011 211607 9/12/2011 211649 225389 9l30/2011 013135 MIX, LEANNA 9/19/2011 988250 225390 9/30/2011 013136 MIZUKAMI, CLAUDIA 9/19/2011 988248 225391 9/30/2011 008029 MONTES DE OCA RICKS, MARIA 9/20/2011 09l20l11 225392 9/30/2011 005004 MORRIS HANSEN ENTERPRISES INC, 9/12/2011 32862 225393 9/30/2011 001052 NAPA AUTO PARTS, Description PD-FLEX CUFFS PD-08/11 LEXIS NEXIS SVC PD-08/11 LEXIS NEXIS SVC PKM-STEEL LAKE DOCK LADDER- PKM-STEEL LAKE DOCK LADDER- PWST-CONCRETE ASPHALT MIX-RET PWST-CONCRETE ASPHALT MIX-RET PWST-SWM-MIXED CONCRETE PWST-SWM-MIXED CONCRETE PWST-SWM-MIXED CONCRETE PKM-GALV HANGER TAPE ROLL SWR-RECYCLlNG EVENT SUPPLIES PKM-CAMERA MOUNT SUPPLIES SWM-PVC PIPE 8 CAP FWCC-METAI HOSE & SANDING SEAL SWM-EMERGENCY TRAILER MATL PKM-TABLE PADS PKM-DBC CARVING SUPPLIES FWCC-WD40, GALV. PIPE, WASHERS FWCGFACILITY MAINT SUPPLIES PARKS-ENERGY EFFICIENCY PROJEC SWM-POND DIG OUT EQUIP RENTAL SWM-POND DIG OUT EDUIP RENTAL MC-INTERPRETER SVC PD-REPLC I-PHONE C. MARTIN PRCS-PAYMENT FOR 2011 TEACH ME MC-INTERPRETER SVC CHB-09/11 PARKING LOT CLEANING FWCC-PARKING LOT CLEANING SVCS PRCS-CLASS WITHDRAWAL PRCS-CLASS CANCELLATION MC-INTERPRETER SVC MGINTERPRETER SVC PD-INFRACTION FORMS PWST-ASPHALT MIX PWST-ASPHALT MIX PWST-ASPHALT MIX PRCS-CIASS CANCELLATION PRCS-CLASS CANCELLED MC-INTERPRETER SVC FWCC-V1pNDOW CLEANING SVC Page 18 of 42 Amount Check Total 47.87 484.98 242.50 242.48 512.16 267.97 244.19 1,004.47 227.74 274.68 315.35 50.12 136.58 895.01 6.37 11.83 201.95, 2.66 120.94 388.58 30.18 114.45 11.71 5.34 8,826.80 8,826.80 3,854.63 1,000.00 2,854.63 100.00 100.00 242.53 242.53 504.00 504.00 216.28 216.28 562.16 106.36 455.80 45.00 45.00 45.00 45.00 212.50 100.00 112.50 1,205.81 1,205.81 2,352.14 533.65 1,389.64 428.85 45.00 45.00 87.60 87.60 7 00.00 100.00 1,050.00 1,050.00 79.38 Bank oi America Check No. Date Vendor Inv Date Invoice 9/11I2011 082602 225394 9l30/2011 003868 NATIONAL BARRICADE COMPANY INC, 8/31/2011 237811 225395 9/30l2011 000043 NEW LUMBER & HARDWARE COMPANY, 8l30l2011 258048 9/9/2011 258323 9/9/2011 258325 9/3/2011 258177 9/15/2011 258510 9N 5l2011 258527 9/TM2011 258458 9/7/2011 258253 9/13l20t 1 258422 9/13/2011 258440 9/8l2011 258282 9/8/2011 258295 9/19/2011 25�16 225396 9/30/201t 011721 NORDIC CONSTRUCTION INC, 9/6/2011 251211 225397 9/30/2011 012847 NORTHWEST IANDSCAPE SVC OF WA, 8/31/2011 I N000029916 225398 9/30/2011 003736 NORTHWEST TOWING INC, 9/2/2011 405080 9/8/2011 405088 225399 9l30/2011 013144 NOVAK, TONY 9/9Y2011 0403189 REFUND 9/9/2011 04-03189 REFUND 225400 9/30/2011 011414 OFFICE DEPOT, 8/8l2011 573896841001 225401 9/30/2011 004292 OLYMPIC SECURITY SERVICES INC, 8/31/2011 SI+0025480 225402 9/30/2011 013139 OMERO, KATHLEEN 9/19J2011 988259 9/19/2011 988249 225403 9/30l2011 007444 ORCA PACIFIC INC, 9/1l2011 051758 225404 9/30/2011 007248 OTTO,JEFFERY 9/14/2011 OTTO 2011 225405 9/30/2011 006440 PAPE MACHINERY INC, 9115/2011 2320126 9/15/2011 2320157 225406 9/30/2011 000885 PARKER PAINT MANUFACTURING CO, 9l8/2011 022011291 225407 9/3Q/2011 013163 PEARSOIV, SUSAN 7/1/2011 SEPTEMBER 26, 2011 225408 9/30/2011 011624 PETTY CASH - DBC, 9/26/2011 DBC-9/26/11 9/26/2011 DBC-9/26/11 9J26l2011 DBC-9/Z6/11 9/26/2011 DBC-9/26/11 9/26/2011 DBG9/26l11 9/26/2011 DBG9/26/11 9/26/2011 DBC-9/26/11 9/26l2011 DBC-9/26/11 9/26/2011 DBC-9/26/11 225409 9/30/2011 006241 PETTY CASH-POLICE DEPT, 9/21/2011 PD-9/21/11 9/21/2011 PD-9/21/11 9/21/2011 PD-9/21/11 9l21/2011 PD-9/21/11 9/21/2011 PD-9/21/11 9/21/2011 PD-9/21/11 Description PKM-BATTERY SWM-INSPECTION TRAILER ARROW B SWAA-INSPECTION TRAILER MATL PWST-2X8X10 H/F STUD PWST-TORX SCREW DRIVER BIT PKM-SS CLP W/SS SCREW PWST-LOCKING BOLLARDS SUPPLIES SWM-FLAGGING TAPE SWM-WOOD STAKES PKM-STLK SPRING TOY REPAIR PWST-SNAP DRAIN COUPLING & WYE PKM-GRAFFITI SUPPLIES SWM-MISC SCREWS/BOLTS PWST-MISC SCREWS/BOLTS PWST-PENETRATING OIL FWCC-SLIDE PAD FOR LEISURE POO DBG-08/11 LANDSCAPE MAINT. AG1 PD-VEHICLE TOW SVC PD-VEHICIE TOW CASE 11-11423 PW-04-03189 NOVAK ROW PW-04-03189 NOVAK ROW FI-2010 CAFR BOOKS MC-08/11 COURT SECURITY AG09-1 PRCS-WITHDREW FROM CLASS PRCS-WITHDRAW FROM CLASS FWCC-POOL CHEMICALS SVC AG10-1 PD-TACTICS TRNG/ACADEMY CELEBR PWFLT-RESEAL THUMB CYLINDER PWFLT-REPAIR CUTTING DRUM CD-GALVANIZING COMPOUND PRCS-ARTWORK GALLERY EXHIBIT DBC-CATERING GROCERIES DBC-CATERING GROCERIES DBC-FERGUSON MILEAGE DBC-CATERING GROCERIES DBC-FERGUSON MILEAGE DBGCATERlNG GROCERIES DBGCATERING GROCERIES DBC-CATERING GROCERIES DBGCATERING GROCERIES PD-REIMB:BiKE SHOES AND- PD-FULE FOR TRANSPORT- PD-REIMB:SERVING TRAY AND- PD-REIMB:FRAMING OF CITY MAP- PD-REIMB:FOLDERS FOR- PD-REPAIR OF TORN TRACKING LEA Page 19 of 42 Amount Check Total 79.38 2,978.40 2, 978.40 196.35 13.10 6.55 4.92 19.46 4.51 4.91 74.85 9.25 8.91 25.57 13.60 2.86 7.86 1,034.78 1,034.78 1,007.t8 1,007.18 484.58 280.72 193.86 78.50 109.00 -30.50 182.40 182.40 2,916.40 2,916.40 45.00 6.40 38.60 671.83 671.83 152.00 152.00 1,219.23 293.35 925.88 38.12 38.12 200.00 200.00 134.01 20.98 36.95 4.21 13.96 3.85 22.22 3.98 7.� 19.96 621.61 70.62 20.00 43.26 70.41 50.34 9.80 Bank of America Check No. Date Vendor Inv Date Invoice 9/21/2011 PD-9/21/11 9/21/2011 PD-9/21/11 9/21/2011 PD-9/21/11 9/21/2011 PD-9/21/11 9/21l2011 PD-9/21l11 9l21/2011 PD-9/21/11 225410 9/30/2011 005977 PHSI PURE WATER FINANCE, 8/23/2011 0000667889 225411 9/30/2011 013143 PHUNG, MY-YEN 9/8/201 T 0991100063536 225412 9/30l2011 013164 PHYSICAL TkERAPY ASSOC OF WA, 9H 9/2011 33925 225413 8/30/2011 003537 PIERCE COUNTY SECURITY INC, 9/7/2011 230571 9/7/2011 230626 9l7Y1011 230669 9!7/2011 230716 9!7/2011 230718 9!7/2011 230761 9!7l2011 230764 9/7/2011 230826 225414 9l30/2011 000808 PLATT ELECTRIC SUPPLY, 8l29/2011 0153884 225415 9/30l2011 012653 PMI TRUCK BODIES, INC, 9/13/2011 5711 9/13/2011 5711 9/13/2011 5711 9/13/2011 5711 9/13/2011 5711 9/1312011 5711 9/13/2011 5712 9/13/2011 5711 225416 9/30/2011 009960 PROFORCE LAW ENFORCEMENT, 9!7l2011 119205 225417 9/30/2011 004308 PUBLIC AGENCY TRAINING COUNCIL, 9/16/2011 145380 225418 9/30/2011 000051 PUGET 50UND ENERGY INC, 9/S/2011 131-06&1002 225419 9/30/2011 012304 PURCELLA, ADRIENNE 9/28/2011 PURCELLA 2011 225420 9/30/2011 009881 PVP COMMUNICATIONS, INC, 9/13/2011 15432 225421 9/30l2011 013124 ROTEN, JIM 9/23/2011 11-01-091-715 225422 9/30/2011 013158 ROYAL ARMS INTERNATIONA�, 8/31 /2011 18557 225423 9/30/2011 005508 SAFAROVA-DOWNEY, ALMIRA 9N4l2011 09/i4/11 9/16/2011 09/16f11 9/13/2011 09/13/11 225424 9/30/2011 003726 SAFEWAY STORE #1555, 9l23/2011 2068285 9/19/2011 2068284 9/15/2011 2068276 9/15/2011 2068280 9/1Y2011 2068272 225425 9/30/2011 013147 SATHER, GIGI 8!9l2011 984411 225426 9/30/2011 �11764 SBS LEASING PROG. OF DE LAGE, 9/10/2011 10641308 225427 9/30/2011 010523 SBS OF AMERICA, 9/1l2011 27421 Description PD-REIMB:HELMET FOR BICYCLE PD-REIMB:CAR WASH FOR VEHICLE PD-GOOF-OFF TO REMOVE SAP^ PD-COFFEE FOR VOLUNTEER^ PD-REIMB:ANNUAL BOOT ALLOWANCE PD-REIMB:ANNUAL BOOT ALLOWANCE PD-FILTERED WATER SVC MC-RED LIGHT PHOTO M. PHUNG DBC-DEPOSlT & CREDIT REFUND PKM-PARK CLOSINGlSECURITY AG11 PKM-PARK CLOSING/SECURITY AG11 PKM-PARK CLOSING/SECURITY AG11 PKM-PARK CLOSING/SECURITY AG11 PKM-CHB LOT SECURITY AG11-120- PKM-PARK CLOSING/SECURITY AG11 PKM-PARK CLOSING/SECURITY AG11 PKM-PARK CLOSING/SECURITY AG11 CHB-REPAIR AND MAINTENANCE SUP PWFLT-TRUCK BODY REPLACEMENT T PWFLT-TRUCK BODY REPLACEMENT T PWFIT-TRUCK BODY REPLACEMENT T PWFLT-TRUCK BODY REPLACEMENT T PWFLT-TRUCK BODY REPLACEMENT T PWFLT-TRUCK BODY REPLACEMENT T PKM-INVERTER INSTALLATION- PWFLT-TRUCK BODY REPLACEMENT T PD-REPLACEMENT TASER PD-HOMICIDE SMNR MORIKAWA, KIM PWTR-OS/11 NON-METERED ELECT PD-DRE IN-SERVICE TRNG PURCELL PD-WIRELESS SHOULDER MIC RM-11-01-091-715 J ROTEN GARAG PD-AMMO MC-INTERPRETER SVC MC-iNTERPRETER SVC MC-INTERPRETER SVC PRCS-DISCOVERY KIDS SUPPLIES PRCS-CONTRACT FOR SERVICES WOR PRCS-LEWISlCLARK LEARNING CNTR PRCS-LEWIS/CLARK LEARNING CNTR PRCS-F DUB POTLUCK SUPPLIES PRCS-WITHDREW FROM CLASS IT-CD COPIER RPR, MNT, SUP DBC-08/11 JANITORIAL SVC AG10- Page 20 of 42 Amount Check Total 43.71 35.00 5.34 80.41 96.36 96.36 1,182.60 1,182.60 110.00 110.00 305.33 305.33 1,525.00 150.00 300.00 150.00 300.00 150.00 175.00 150.00 150.00 29.51 29.51 13,746.64 969.08 766.50 1,872.45 427.05 930.75 273.75 655.91 7,851.15 2,215.08 2,215.08 1,050.00 1,050.00 15,738.57 15,738.57 157.08 157.08 605.34 605.34 719.66 719.66 132.50 132.50 480.00 280.00 100.00 100.00 122.59 10.56 28.95 21.08 37.70 24.30 42.00 42.00 109.92 1 �9.92 2,394.81 1,783.11 Bank of Ameri Page 21 of 42 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 9/1/2011 27528 FWCC/PRCS-KITCHEN DETAIL CLEAN 225.00 9/1/2011 27528 FWCC/PRCS-KITCHEN DETAIL CLEAN 225.00 9/1/2011 27531 PKM-DBC BASEMENT JANITORIAL SV 105.00 8!1/2011 27237 PKM-DBC BASEMENT JANITORIAL SV 56.70 225428 9/30/2011 013159 SCHOLTEN, JOEL 200.00 9/23/2011 JULY 13, 2011 PRCS-ARTWORK CALLERY EXHIBIT 200.00 225429 9/30/2011 013123 SEATAC ELECTRIC INC, 138.00 9/14/2011 11-103668 CD-11-103668 OVERCHG SEATAC EL 138.00 225430 9l30/2011 001213 SECOMA FENCE INC, 798.63 9/6/2011 8445 CHB-PD GATE REAR WHEELS- 131.40 8!1/2041 8408 SWM-FENCING MATERIALS- 667.23 225431 9/30/2011 012926 SOCIALMENTUM, 4t6.67 9/1/2011 1016-4 CD-FEDERAL WAY MIND MIXER AG11 416.67 225432 9/30/2011 004963 SOUND PUBLISHING INC, 355.00 8/3Y2011 440684 FWCC-WEB BANNER AD 275.00 8!6/2011 472496 FWCC-DISPLAY AD 80.00 225433 9l30/2011 004963 SOUND PUBLISHING INC, 125.45 8J27/2011 519947 ASHS-CDBG FUNDS AVAILABLE LEGA 125.45 225434 9/30/2011 004963 SOUND PUBLISHING INC, 92.29 8l27/2011 519949 CD-NOA KOHL'S LEGAL NOTICE 92.29 225435 9/30l2011 004963 SOUND PUBLISHING �NC, 279.76 8/6l2011 515458 HRCK-ORD 11-102056 SUMMARY 40.38 8/24/2011 518982 HRCK-PH CANNABIS COLLECTIVE 34.61 8l24/2011 519010 HRCK-PH NOTICE - AMC THEATRE S 34.61 8/13/2011 517179 ASHS-CITiZEN PARTICIPATION PLA 47.59 8/13/2011 517181 ASHS-PN HOUSING & CD NEEDS 89.40 8l13/2011 517182 ASHS-PN COMMUNITY/HOUSING NEED 33.17 225436 9/30/2011 004963 SOUND PUBLISHING INC, Sg,2g 6/30/2011 505531 HR-INSPECTOR JOB AD 59.26 225437 9/30/2011 001885 SPARKS CAR CARE, 1,789.23 7/26/2011 28367 PD-TIRE REPAIR 43.80 9/6/2011 28625 PD-TIRE REPAIR 21.90 9/7/2011 28633 PD-OLF 36.08 9/14/2011 28683 PD-OLF 34.99 9/14/2U11 28685 PD-OLF, MOUNT TIRES, SERVICE B 371.10 9/14/2011 28686 PD-OLF, BATTERY 178.41 9/16/2011 28687 P0.ALTERNATOR & BATTERY 565.06 9/16/2011 28701 PD-REPLC STOP LIGHT 21.14 9/19l2011 28711 PD-OLF, WIPER BLADES 80.41 9l19l2011 28712 PD-TIRE REPAIR 21.90 9/20/2011 28620 PD-OLF, BRAKES 346.61 9/12/2011 28664 PD-OLF, COOLANT, INSPECT 67.83 225438 9/30/2011 004701 SPRINT, 9/ 18/2011 796588811-046 225439 9/30/2011 013161 STROHRMANN, JEANNE 9/23/2011 JULY 21, 2011 225440 9/30/2011 009238 SUMNER LAWN N SAW, 9/8/2011 186113 225441 9/30/2011 007710 SUPERIOR LINEN SERVICE, 9/12l2011 87783 9/18/2011 89423 9/5/2011 86263 225442 9/30/2011 002521 SUPERLON PLASTICS INC, 9R/2011 11F2569 225443 9/30/2011 009523 SYSTEMS FOR PUBLIC SAFETY, 9!8/2011 17004 225444 9/30/2011 005970 TACOMA RADIOLOGY & MEDICAL, 9/13/2011 778533-TRA 1 225445 9/30/2011 002176 TACOMA SCREW PRODUCTS INC, 9!9/2011 13894079 9/9/2011 13894152 225446 9/3W2011 009579 THE ACTIVE NETWORK LTD, IT-09/11 DATA CELLULAR PRCS-ARTWORK GALLERY EXHIBIT PWFLT-ADJ DRIVE TRACKING DBC-LINEN SERVICE DBC-LINEN SERVICE DBC-LINEN SERVICE PKM-REPAIR AND MAINTENANCE SUP P¢INSPECT A!C SYSTEM PD-09/11 PRISONER MED TREAT PWST-REPAIR AND MAINT. SUPPLIE PWST-MAINT. AND REPAIR SUPPLIE 3,100.00 3,100.00 200.00 200.00 117.01 117.01 55.94 78.36 18.36 19.22 84.62 84.62 127.06 127.06 35.50 35.50 11.33 2.05 9.28 766.50 Bank o Ame rica Check No. Date Vendor Inv Date Invoice 10/31 /2010 1002637 225447 9/30/2011 009283 THE KOREA TIMES, SEATTLE INC, 9/12/2011 01-85342 REFUNd 225448 9/30/2011 013149 THOMAS, CAROL 9/9/2011 984409 225449 9/30l2011 013174 TRANSBORDER MAIL, 9l28l201 t 4388 225450 9/30/2011 011786 TREEHOUSE, 9l12/2011 985390 9/12/2011 985391 225451 9/30l2011 008902 TRI-CITY MEATS, 9/13/2011 249898 9/23/2011 2500�5 9l21l2011 250218 9/6/2011 249535 9/6J2011 249560 225452 9/30/2011 005549 TRINH, JAMES 9/16/2011 09/16l11 225453 9/30l2011 009557 ULINE, 9/7/2011 39853422 225454 9/30/2011 002426 UNITED GROCERS CASH & CARRY, 9!7l2011 102301 9!7/2011 102302 9/7l2011 102309 9l16/2011 104969 9l17/2011 105316 9/14/2011 104393 9/15/2011 104672 9/75/2011 105781 9/9/2011 102918 9/8/2011 102605 9/8l2011 102827 9/3l2011 101288 9/3/2011 101493 9l21l2011 106416 9/18/2011 105633 9/22/2011 106651 9/12/2011 103819 9/10/2011 103289 9/13/2011 104112 225455 9/30/2011 003837 UNITED PARCEL SERVICE, 9/26/2011 UPS 9/3/2011 0000 F6588V361 8/27/2011 OOOOF80 F48351 9/17l2011 OOOOF6588V381 9/2M2011 OOOOG6588B391 225456 9/30/2011 003837 UNITED PARCEL SERVICE, 9/12/2011 745656993 225457 9l30/2011 005019 UNITED RENTALS NORTHWEST INC, 9/20/2011 95587740-001 225458 8/30/2011 �05715 USA MOBILiTY WIRELESS, 9/2/2011 U61638381 9/2/2011 U61638381 225459 9l30/2011 012399 V& G STYRO RECYCLING & PICKUP, 9/18/2011 769 225460 9l30/2011 001124 VERIZON WIRELESS, 9/13/2011 1012564449 9/12/2011 1012121406 225461 9/30/2011 006278 VISUAL EFFECTS, 9/15/2011 17842 • 225462 9/30l2011 011894 WA LAW ENFORCEMENT EXPLORER, 8/15l2011 1106 Description IT-CLASS UPGRADE PO 062042 Ft-01-85342 OVER PAY ROW PERMI PRCS-CLASS CANCELLATION FWCC-BULK CLASS POSTCARD MAIU PRCS-CLASS CANCELLED PRCS-CLASS CANCELLED DBC-CATERING SUPPLIES DBGCATERING SUPPLIES DBC-CATERING SUPPLIES DBGCATERING SUPPLIES DBC-CATERING SUPPLIES MC-INTERPRETER SVC PD-CRIME SCENE SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBGCATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERiNG SUPPL�ES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBGCATERING SUPPLIES PD-DOCUMENT DELIVERY SERVICE PD-DOCUMENT DELIVERY SERVICE IT-UPS SHIPPING PD-UPS DOCS TO SECRET SERVICE PD-UPS - RETURN TO GLOBAL ASSE PD-DOCUMENT DELIVERY SERVICE SWM-VI6 PLATE RENTAL IT-09/11 PAGER LEASE IT-09/11 PAGER LEASE SWR-STYROFOAM RECYCLING SERVIC IT/PD-08/11 BOMB SQUAD CELLULA PD-08/11 BAIT CAR WIRELESS WAT PD-WINDOW TINTING PD-EXPLORER REGISTRATION Page 22 of 42 Amount Check Total 766.50 7.50 7.50 40.50 40.50 1,728.50 1,728.50 41.15 25.75 15.40 1,603.53 348.97 299.49 483.22 350.68 720.17 100.00 100.00 , 110.99 110.99 2,054.13 71.U7 9.18 45.22 85.33 160.65 325.42 113.11 105.01 136.43 56.51 t6.26 40.47 1B4.12 82.76 184.39 64.22 84.08 109.34 200.56 164.28 15.08 93.70 21.17 22.03 12.30 2.17 2.17 150.79 150.79 11.60 6.03 5.57 150.00 150.00 110.71 43.01 67.70 32.79 32.79 600.00 600.00 Ban o America Page 23 of 42 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 225463 9/30/2011 000094 WA STATE AUDITOR'S OFFICE, 1,379.40 9/23/2011 L89829 FI-08/11 STATE AUDITOR SVCS 1,379.40 225464 9/30/2011 004258 WA STATE DEPT OF LICENSING, 549.00 8/31/2011 SEPTEMBER 15, 2011 PD-REMIT CPL FEES 531.00 8/31/2011 SEPTEMBER 15, 2011 PD-REMIT CPL FEES 18.00 225465 9/30/2011 003825 WA STATE DEPT OF TRANSPORTATN, 56,622.79 9l13/2011 RE-313-ATB10913042 PWST-S. 320TH OFF RAMP CONSTRU 56,622.79 225466 9/30/2011 000851 WA STATE PATROL, gp2,75 9!1/2011 112001241 HR-08/11 BCKGRND CHECKS 160.00 9/1/2011 H2O01585 PD-08/11 STATE PATROL CPL FEES 442.75 225467 9l30l2011 006007 WALKER ACE HARDWARE, SO.tS 9/15/201T 005915 DBGMAINT/JANITORIALSUPPLIES 28.46 9/15l2011 005915 DBC-MAINTlJANITORIAL SUPPLIES 11.53 9/13/2011 005912 DBGKFT SINK REPAIRS 10.16 225468 9/30/201 T 011181 WALTERS, MOIRA C. 120.00 9/20/2011 09/20/T1 MC-INTERPRETER SVC 120.00 225469 9/30/2011 011828 WAPRO, 375.00 9/12/2011 2011377 LAW-WAPRO 2011 ANNUAL CONF; AM 125.00 9/12/2011 2011377 LAW-WAPRO 2011 ANNUAL CONF; HE 125.00 9/12/2011 2011377 LAVI�WAPRO 2011 ANNUAL CONF; TO 125.00 225470 9/30/2011 000343 WASHDUP, LLC, 933.44 8/31/2011 101 PD-08/11 CAR WASH SERVICE 933.44 225471 9/30/2011 012658 WATCH SYSTEMS LLC, 35.00 9!I/2011 14448 PD-SEX OFFENDER NOTIFICATION S 35.00 225472 8/30l2011 009995 WATER MANAGEMENT, 737.00 9l13/2011 104688 SWM-ALGAE COUNT & FECAL COLIFO 82.00 9/13/2011 104688 SWM-ALGAE COUNT & FECAL COLIFO 55.00 225473 9/30/2011 013154 WESSEL, KAREN 40.00 9/9/2011 984415 PRCS-WITHDREW FROM CLASS 40.00 225474 9l30/2011 001241 WEST GOAST AWARDS, 93.76 9/1/2011 49778 DBC-STAFF POlO SHIRTS 93.76 225475 9/30/2011 000173 WEST PAYMENT CENTER, ��73g,pp 9!1l2011 823437007 IT/LAW-08l11 WEST LAW SVCS 1,633.74 9l1Y2011 823493265 PD-08l11 AUTO TRACKKP SVCS 102.26 225476 9/30/2011 000541 WESTERN EQUIPMENT DISTRIBUTORS, 387.30 9/14/2011 683858 PWFLT-REPAIR WHEEL MOTOR, FORW 387.30 225477 9/30/2011 010057 WHISTLE WORKWEAR, 196.73 9/5/2011 55477 PKM-BOOTS FOR S. GEHRING- 196.73 225478 9/30/2011 013165 WHITNEY, LAURALEE 100.00 9/21/2011 0991100058007 MC-RED LIGHT PHOTO REFUND WHIT 100.00 225479 9/30/2011 005805 WILLIAMS OIL FILTER SVC CO INC, 60.72 9/15/2011 986007 PWFLT-FUEL ELEMENTS 60.72 225480 9/30/2011 701984 WORLD VISION-COMMUNICATIONS, ���,g7 9l15/2011 12494 DBC-RENTAL DEPOSIT BALANCE REF 111.67 225481 9/30/2011 013160 WRIGHT, DAN ypp.pp 9/23/2011 AUGUST 31, 2011 PRCS-ARTWORK GALLERY EXHIBIT 200.00 225482 9l30/2011 010020 WSAPT, 25.00 9/9l2011 SEPTEMBER 9, 2011 CD-WSAPT 2011 FALL SEMiNAR - C 25.00 225483 9/30/2011 012977 YIM, MARIMA p,pp 8/16/2011 E952079 REFUND P0.E952079 MARIMA YIM, REFUND 8.00 8/16/2011 E952079 REFUND PD-E952079 MARIMA YIM, REFUND 18.00 8l16/2011 E952079 REFUND PD-E952079 MARIMA YIM, REFUND 1925 225483 Void Cash Disbursement -4525 225484 9/30/2011 013150 YOON, HEE JUNG 43.80 9/9l2011 984408 PRCSWITHDREW FROM CLASS 43.80 225485 9/30/2011 012991 YOUN, JAEDO 600.00 9l20/2011 AUGUST 10, 2011 PRCS-SUMMER CONCERT SERIES 600.00 225486 9/30/2011 005545 YSIINCORPORATED, 2,119.48 S/25/2011 464269 SWM-TURBIDITY PROBE - 2,119.48 225487 10/7/2011 000051 PUGET SOUND ENERGY INC, 55,682.84 9/20/2011 PARKS 2011 09 PKF-09/11 SAC PARK RR FIELD LI 2,115.56 9/20/2011 PARKS 2011 09 PKF-09/11 1ST AVE & CAMPUS DR. 29.84 Bank of America Check No. Date f ��.'L S:I'i [�7i [�7f ���j f l 225489 10/14/2011 225490 10/14/2011 225491 10/14/2011 225492 10/14/2011 225493 10/14/2011 V en d or Inv Date Inv 9/20/2011 PARKS 2011 09 9/20/2011 PARKS 2011 09 9/20/2011 PARKS 2011 09 9/20/2011 PARKS 2011 09 9/20/2011 PARKS 2011 09 9/20/2011 PARKS 2011 09 9/20l2011 PARKS 2011 09 9/20l2011 PARKS 2011 09 9/20/2011 PARKS 2011 09 9/20/2011 PARKS 2011 09 8/20/2011 PARKS201T09 9/20/20?1 PARKS20t108 9/20/2011 PARKS 2011 09 9/20/2011 PARKS 2011 09 9/20/2011 PARKS 2011 09 9/20/2011 PARKS 2011 09 9/20/2�11 PARKS 2011 09 9120/2011 PARKS 2011 09 9/20/2011 PARKS 2011 09 9/20/2011 PARKS 2011 09 9/20/2011 PARKS 2011 09 9120l2011 PARKS 2011 09 9l20/2011 PARKS 2011 09 9/20/2011 PARKS 2011 09 9/20/2011 PARKS 2017 09 9/20/2011 PARKS 2011 09 9l20/2011 PARKS 2011 09 9/20/2011 PARKS 2011 09 9/20/2011 PARKS 2011 09 9l20/2011 PARKS 2011 09 9/20/2011 PARKS 2011 09 9l20/2011 PARKS 2011 09 003947 CITY OF FEDERA� WAY, 10/5/2011 OCTOBER 5, 2011 10/5l2011 OCTOBER 5, 2011 10/5/2011 OCTOBER 5, 2011 10l5/2011 OCTOBER 5, 2011 10/5/2011 OCTOBER 5, 2011 10/5/2011 OCTOBER 5, 2011 10/5/2011 OCTOBER 5, 2011 10/5/2011 OCTOBER 5, 2011 10/5l2011 OCTOBER 5, 2011 10/5/2011 OCTOBER 5, 2011 10/5/2011 OCTOBER 5, 2011 10/5l2011 OCTOBER 5, 2011 10/5/2011 OCTOBER 5, 2011 10/5/2011 OCTOBER 5, 2011 10/5/2011 OCTOBER 5, 2011 10/5/2011 OCTOBER 5, 2011 001360 AABCO BARRICADE COMPANY INC, 7/5/2011 89147 000083 AARO INC DBA THE LOCK SHOP, 9/21/2011 76407 10/512011 76586 9/16/2011 76295 000332 ABC LEGAL MESSENGERS INC, 9/30/2011 35550 9/30/2011 35550 9l30/2011 35550 9/30/2011 35550 004234 ABT TOWING OF FEDERAL WAY INC, 9/27/2011 7744 001856 ACTION SERVICES CORPORATION, Description PKM-09/11 2410 S 312TH BEACH R PKM-09/11 2410 S 312TH STORAGE PKM-09/11 2410 S 312TH WOODSHO PKF-09l11 2645 S 312TH ANX-RR! PKF-09/T1 2645 S 312TH SEWER L PKF-09/11 2700 SW 340TH ALDERD PKF-09/11 28156 1/2 24TH HERIT PKF-09/11 31104 28TH AVE S HAU PKF-09/11 3t 104 28TH AVE S HAU PKM-09/11 31132 28TH AVE STLK PKM-09/11 31132 28TH AVE S STL PKM-09/11 31207 28TH AVE SKATE DBC/KFT-09/11 3200 SW DASH PT DBClKFT-09/11 3200 SW DASH PT DBC/KFT-09l11 3200 SW DASH PT DBC/KFT-09/11 3200 SW DASH PT PKF-09/11 32730 17TH AVE SW AL CHB-09l11 33325 8TH AVE Z00453 PKF-09/11 33914 19TH AVE SAG F PKF-09/11 34915 4TH AVE MARKX PKF-09/11 34915 4TH AVE S PALI . PKF-09/11 600 S 333RD EVID. BL PKF-09/11 600 S 333RD EVID BLD FWCC-09/11 876 S 333RD Z002806 FWCC-09/11 876 S 333RD 0008456 FWCC-09/11 876 S 333RD ST. LIG PKCP-09/11 S 324TH BLDG A- PKCP-09/11 S 324'TH BLDG B- PKF-09/11 7TH AVE HISTORICAL S PKF-09/11 7TH AVE HISTORICAL S PKF-09/11 21ST AVE LAKOTA RR B PKF-09/11 2410 S 312TH STLK ST PS COVERT ACCOUNT- PS COVERT ACCOUNT- PS COVERT ACCOUNT- PS COVERT ACCOUNT- PS COVERT ACCOUNT- PS CO�/ERT ACCOUNT- PS COVERT ACCOUNT- PS COVERT ACCOUNT- PS COVERT ACCOUNT- PS COVERT ACCOUNT- PS COVERT ACCOUNT- PS COVERT ACCOUNT- PS COVERT ACCOUNT- PS COVERT ACCOUNT- PS COVERT ACCOUNT- PS COVERT ACCOUNT- PRCS-RWB BARRICADES PWFLT-LOCKSMITH SERVICES PWFLT-LOCKSMITH SERVICES PWST-KEY AND KEY FINDER- LAW- MNTHLY SRV CHRG; 9/28/11 LAW- MNTHLY SRV CHRG; 9/28/11 LAW-BLK DEL TO WHITE PDA -1 ST LAW-BLK DEL TO TALMADGE - &9- PD-VEHICLE TOW SVC Amount 278.60 12.87 69.91 1,430.28 11.10 10.11 17.91 39.19 17.01 436.55 44.27 10.11 950.94 468.38 210.29 103.57 10.11 11,667.86 3,417.79 12.70 10.11 482.56 69.91 17,673.13 8,077.15 104.37 3,910.87 2,442.11 8.16 31.21 1,483.85 24.46 315.75 30.08 419.26 9.50 385.83 217.91 101.00 1,515.83 3.50 38529 216.00 273.75 77.73 9.50 381.90 1,350.51 Page 24 of 42 Check Total 5,693.34 147.50 147.50 59.57 21.57 26.06 11.94 137.00 62.50 62.50 6.00 6.00 387.63 387.63 �o,n2.�� Ban of America Page 25 of 42 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 9/30/2011 70104 PWST-09/11 STREET SWEEPING SVC 10,772.71 225494 10114/2011 012621 ADVANCED PRO FITNESS REPAIR, 72g,g� 9/13/2011 09131102EL FWCC-FITNESS EQUIP. SVC AG11-1 600.00 9/13/2011 09131102EL FWCC-FITNESS EQUIP. SVC AG11-1 126.81 225495 10/14/2011 011760 AFT SEATTLE, 101.43 9127l2011 33979 DBC-RENTAL DEPOSIT LESS N REN 101.43 225496 10/14/2011 000568 AGRI SHOP INC, �g2,pQ 9/28/2011 18556/1 PWST-CHAINS FOR BIG SAWS 132.45 9l28/2011 18557/1 PWST-OIL FOR SAWS 29.55 225497 10/14/201 t 000475 ALARM CENTERSlCUSTOM SECURITY, 240.0a 9/20/2011 772524 PKCP-Q4 2011 ALRM MNTR-BLDG A 120.00 9/20/2011 772523 PKCP-Q4 2011 ALRM MNTR-BLDG B- 120.00 225498 10/14/2011 002562 ALL BATTERY SALES 8 SERVICE, 515.98 9/19/2011 866841 SWR-BATTERY RECYCLING SERVICES 515.98 225499 10/14/2011 012482 ALLPLAY SYSTEMS LLC, 39.15 10/2/2011 12011-68 PKM-SPINNER CAP CEDAR GROVE PA 39.15 225500 10l14/2011 001285 ALPINE PRODUCTS INC, 38.13 9l29/2011 TM-119878 PWST-MARKING PAINT 38.13 225501 10/tM2011 001012 AL'S TOWING, 3g7,gq 10/M2011 72250 PD-VEHICLE TOW CASE 11-12712 193.82 9/19/2011 72175 PD-VEHICLE TOW CASE 11-12199 193.82 225502 10/14l2011 001110 AMAYA ELECTRIC. 5,926.82 ' 9/19/2011 8397-10 PKM-INSTALL BALLAST ON BALLFIE 1,002.38 9/19/2011 8397-7 PKM-CHANGE OUT 1500W LAMPS CP 4,538.10 9/19/2011 8397-8 CHB-REPLC RECEPTACLE-ELECTRIC 385.34 225503 10/14/2011 001110 AMAYA ELECTRIC, 794.52 9/19/2011 8397-9 PD-N RECEPTACLES & DATA J-BOX 794.52 225504 10/14/2011 005287 AMERICALL COMMUNICATIONS &, 533.92 9/21l2011 2D6417-0911 PWlSVMAlPKM-AFTER HR CALL-OUT A 177.97 9/21/2011 2D6417-0911 PW/SWM/PKM-AFTER HR CALL-OUT A 177.97 9/21/2011 2D6417-0911 PW/SWM/PKM-AFTER HR CALL-OUT A 177.98 225505 1 �/14/2011 011148 AMERICAN TRAFFIC SOLUTIONS INC, 39,775.17 9/30/2011 INV00007224A MC-09/11 RED LIGHT PHOTO 39,775.17 225506 10/14/2011 013178 ANGELO, JOLEEN 40.00 9/28/2011 991394 PRCS-CLASS CANCELLED 40.00 225507 10/14/2017 010530 ARAMARK UNIFORM SERVICES, 156.59 9/19/2011 655-5768441 FWCC-FLOOR MATS SVC 121.00 9/19/2011 655-5768442 FWCC-FLOOR MATS SVC 35.59 225508 10/14/2011 010530 ARAMARK UNIFORM SERVICES, 147.11 9/27/2011 6555784272 ' DBC-LINEN SERVICE 83.49 10/4/2011 655-5796332 DBC-LINEN SERVICE 63.62 225509 10/14/2011 000755 ATTORNEY & NOTARY SUPPLY, 125.00 9/28/2011 MCNEILLY REGISTER HRCK-NOTARY TRNG MCNEILLY 125.00 225510 10/14/2011 011296 BARK TIME BLOWER TRUCK SERVICE, 4,801.53 8/25/2011 123663 PWST-MEDIUM BARK- 4,801.53 225511 10/14/2011 001422 BERGER/ABAM ENGINEERS INC, 2,S6g,q2 9/7l2011 19803 PWST-20TH INTERSECTION AG11-75 2,568.42 225512 10/14/2011 OU5645 BERTUCCI, MICHAEL 257.04 10l3/2Q11 BERTUCCI 2011 PD-SWAT POUCH 8 HARNESS 81.03 10/3/2011 BERTUCCI 2011 PD-SWAT PISTOL SIGHTS 73.30 10/3l2011 BERTUCCI 2011 PD-SNIPER GUN BELT 46.32 10/3/2011 BERTUCCI 2011 PD-CELL PHONE CAR CHARGER 32.57 10l3/2011 BERTUCCI 2011 PD-TRIGGER CONNECTOR 23.82 225513 10/1M2011 013186 BIXLER, LORI Sp,pp 10l6/2011 0991100041789 MC-RED LIGHT PHOTO L. BIXLER Sd.00 225514 10/14/2011 001630 BLUMENTHAL UNIFORM CO INC, 147.65 9/19/2011 898212 PD-GUN GRIP LEITGEB 11.89 9/19/2011 898463 PD-CIS UNIFORM CUFFCASE LEITGE 37.18 9l19/20T1 898464 PD-CIS UNIFORM MORIKAWA 49.22 9/19/2011 898471 P0.CIS UNIFORM MORIKAWA 49.26 225515 1�N4/2011 011289 BOWMAN, JASON 3,864.49 10l7/2011 SEPTEMBER 2011 FWCC-09/10 PERSONAL TRAINER SV 3,864.49 Bank of America Page 26 of 42 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 225516 10/14l2011 004919 BRATWEAR, 2,330.28 9/30/2011 321233 PD-JUMPSUIT FOR FRANCO 483.11 9/30/2011 321297 PD-SOD UNIFORMS DEMAREST, PETE 472.18 9/21/2011 320955 PD-ARMOR VEST- STIEBEN 845.98 9/27/2011 321188 PD-WINTER JUMPSUIT - ORTA 529.01 225517 10/14/2011 011282 CALKINS, NICHOLE 227.50 10/7l2011 SEPTEMBER 2011 FWCC-09/11 PERSONAL TRNG SVCS 227.50 225518 10/14/2011 012968 CANNON CONSTRUCTION INC, 44,979.47 9l30/2011 AG11-162 #1 PWTR-TRAFFIC BUSTERS FIBER OPT 44,979.47 225519 10/14/2011 000991 CASCADE COFFEE INC, 137.84 9/26/2011 20653751 HR-COFFEE & COFFEE SUPPLIES 137.84 225520 10/14/2011 002351 CASCADE MOBILE MIX, 353.69 9/16/2011 27650 SWM-CONCRETE- 353.69 225521 10/14/2011 013193 GASCASE PRINTING DIRECT INC, 1,078.58 10/4/2011 11625 FWCC-MARKETING POST CARDS 1,078.58 225522 10l14/2011 013189 CATALANO, DENISE ypp,pp 10/6/2011 CATALANO 2011 ASHS-CDBG HUD TRNG CATALANO 200.00 225523 10/14/2011 009573 CENTER ELECTRIC, INC., 3gg,gq 9/13/2011 30101-000 FWCC-REPAIR MOTOR 366.84 225524 10/14/2011 001481 CH2M HILL NORTHWEST INC, 49,731.12 9/6/2011 3806420 PWST-21 ST AVE � 336TH DESIGN A 49,731.12 225525 10/14l2011 005622 CHELAN COUNTY TREASURER'S, 561.00 9/1M2011 450001-01998 PD-OS/11 PRISONER MED TREAT CH 581.00 225526 10/14/2011 007368 CHIEF SUPPLY CORPORATION, 803.63 9/21/2011 426512 PD-TRANSPORT HOODS 150.00 9/19/2011 425811 PD-PORTABLE RADIO BATTERIES 441.00 7l28/2011 416040 PD-OPERATIONAL READINESS SUPPL 212.63 225527 10/14/2011 013171 CHUNG, KIM 9/19/2011 112-01226 REFUND 225528 10N4l2011 000951 GITY OF FEDERAL WAY, 9l20/2011 AG10-109 #15 225529 10/14/2011 010360 CITY OF FEDERAL WAY, 10/5/2011 CK #1194 10/5/2011 CK #1194 10/5/2011 CK #1195 10/5/2011 CK #1195 10/M2011 CK #1193 10/M2011 CK #1193 225530 10/14/2011 007779 CIN OF TUKWILA, 9/21/2011 SEPTEMBER 21, 2011 225531 70/14/2011 003564 CLARY, JOHN 9/29/2011 CLARY 2011 225532 10/14/2011 003752 COASTWIDE SUPPLY DBA, 9/13/2011 W2352243 9/9/2011 W2337394-4 9/16/2011 T2353981 9/15/2011 T2353791 9H 5/2011 T2353991 9/22/2011 W2355862 225533 10/14/2011 007591 COMMERCIAL SPACE ONLINE INC, 10/1/2011 75945 225534 10/14/2011 006649 CONTECH STORMWATER, 9/19/2011 INV0000021042 225535 10/14/2011 010303 COOL GUY GEAR LLC, 9/14/2011 22703 9l14/2011 22703 225536 10/14/2011 008445 COPIERS NORTHWEST INC, 9/19l2011 INV583782 9l20/2011 INV584229 9/20/2011 INV584230 225537 10/14/2011 000721 CORLISS RESOURCES INC, 9/6l2011 300238 PD-PET LICENSE SEN�OR REFUND PWST-PAC HWY S HOV PH IV AG1a PD-OREGON K9 SMNR S ORTA PD-OREGON K9 SMNR S ORTA PD-GRIEVANCES, ARBITRATION TRN PD-GRIEVANCES, ARBITRATION TRN PD-IABTI CONF. G WELLS PD-IABTI CQNF. G WELLS PRCS-CAMP WRINKLE RANCH 2O11 PD-SNIPER BIPOD - J CLARY FWCC-JANITORIAL SUPPLIES FWCC-JANITORIAL SUPPL�ES CH&JANITORIAL SUPPLIES PKM-JANITORIAL SUPPLIES CHB-JANITORIAL SUPPLIES FWCC-JANITORIAL SUPPLIES CDED-10/11PROPERTY DATABASE SE SWM-CARTRIDGES- PD-BULLET PROOF VESTS- PD-BULLET PROOF VEST- IT-08/11 IRC7055 COPIERS MAIN IT-09l11 IRC5030 COPIERS/PRIN IT-09/11 IR1025 COPIERS MAINT PKM-CONCRETE SUPPLIES 25.00 25.00 19,823.88 19,823.88 1,757.67 233.31 19Q.00 464.80 165.00 439.56 265.00 59.90 59.90 122.94 122.94 3,130.02 912.30 10.99 1,284.61 443.28 54.40 424.44 100.00 100.00 4,420.00 4,420.00 5,135.55 4,401.80 733.85 661.80 428.05 170.67 63:08 1,239.97 550.24 Bank of America Page 27 of 42 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 9/15l2011 301473 SWM-CONCRETE SUPPLIES 119.77 9/15/2011 301474 PWST-CONCRETE SUPPLIES 303.87 9/9/2011 300700 PKM-BAR K 266.09 225538 10/14/2011 000771 COSTCO/HSBC BUSINESS SOLUTIONS, 1,651.03 2/6l2011 SEPTEMBER 2011 DBC-BATTERIES, COKE, PEPSI, MT 277.13 2/6/2011 SEPTEMBER 2011 DBC-BATTERIES, COKE, PEPSI, MT 205.64 2/6/2011 SEPTEMBER 2011 FWCC-EXERCISE EQUIP BATTERIES 32.93 2/6/2011 SEPTEMBER 2011 CC-COUNCIL DINNER 75.65 2/6/2011 SEPTEMBER 2011 MO-ALL STAFF PICNIC 267.91 2/6/2011 SEPTEMBER 20T1 PRCS-DAYCAMPlPRESCHL SNACKS 257.53 2/6l2011 SEPTEMBER 2011 FWCC-LAUNDRY SOAP, WIPES 96.54 2/6/2011 SEPTEMBER 2011 FWCC-VACUUM 405.14 2/6/2011 SEPTEMBER 2011 PD-CITIZEN'S ACADEMY MTG 32.56 225539 10/14/2011 010015 CUTHBERT, GAIL 2,597.41 10l7/2011 SEPTEMBER 2011 FWCC-09/11 PERSONAL TRNG SVCS 2,597.41 225540 10/14/2011 004461 DESTINATION HARLEY-DAVIDSON, 199.92 6/30/2011 96217484 PD-QUICK RELEASE PIN 7.83 6130/2011 96217503 PD-SEAT PAN, ADJUST CLUTCH 192.09 225541 10/1M2011 013175 DMCMA, 9/30/2011 MORGAN REGISTER 225542 10l74/2011 008039 DMX MUSIC, 10/1/2011 50223620 225543 10l14/2011 006012 DOHERTY, PATRICK 9/26/2011 DOHERTY 2011 9/26/2011 DOHERTY 2011 225544 10/14l2011 000570 EAGLE TIRE & AUTOMOTIVE (DBA), 10/1/2010 1082991 9/23/2011 1082870 9/23/2011 1082871 9/8l2011 1082658 10/3/2011 1083011 225545 t0l14l2011 008141 EAST JORDAN IRON WORKS INC, 9/1/2011 3409959 9/20/2011 3416569 225546 10/14/2011 005785 EMERALD SERVICES INC, 9/17/2011 1119348 225547 10/14/2011 012297 ENGE, BRYANT 10/6/2011 ENGE 2011 225548 10/14l2011 001046 EQUIFAX CREDIT INFORMATION SVC, 9l17/2011 6583360 225548 10/14/2011 000328 ERNIE'S FUEL STOPS (DBA), 10/6/2011 PWFLT 2011 CREDIT 10l7/2011 PD 2011 CREDIT 9/30/2011 0365112 9/30/2011 0365112 9/30/2011 0365113 9/30/2011 0365113 9l30/2011 0365113 225550 10/14l2011 Q02227 ETTINGER, ROBERT 10l6/2011 ETTINGER 2011 225551 10/7412011 001748 EVERSON'S ECONO-VAC INC, 9/15/201 t 067866 9/26/2011 067825 225552 10/14/2011 007137 EVIDENT CRIME SCENE PRODUCTS, 9/19/2011 63267A 225553 10/14/2011 011726 EWING IRRIGATION PRODUCTS, INC, 9/20/2011 3903381 9/13f2011 3872119 225554 10l14/2011 007854 EXCEL SUPPLY COMPANY, 9/1/2011 54207R 225555 10/14l2011 011016 FAILS CREEK RETREAT CENTER, 9/21/2011 SEPTEMBER 21, 2011 MC-DMCMA TRNG T MORGAN IT-10/11 ALL DIGITAL MUSIC CDE0.ICSC CONF. P DOHERTY CDED-ICSC CONF. P DOHERTY PWFLT-BRAKE SHOES & ROTORS PWFLT-OLF PWFLT-REPAIR DRIVERS SEAT, PIN PWFLT-NEW TIRES PWFLT-FLAT REPAIR SWM-OVERLAY STRUCTURE ADJUSTME SWM-SEALANT- SWR-PETROLEUM RECYCLING SERVIC ASHS-CDBG HUD TRNG ENGE PD-09l11 CREDIT REPORTS PWFLT-2011 CREDIT FUEL FOR VEH P0.2011 CREDIT FUEL FOR VEHICL PWFLT-09/16-09/30/11 VEHICLEF PWFLT-09/16-09/30/11 FUEL CRED P0.9/16/11-9/30/11 VEHICLE FUE PD-9/16H1-9/30/11 VEHICLE FUE PD-9l16l11-9/30/11 ERNIE'S DIS DBC-07/18/11-09/23/11 R. ETTIN SWM-09/11 MAINT/SERVICE AGO&0 SWM-CATCH BASIN CLEAN UP- PD-CRIME SCENE VAN SUPPLIES PKM-SAGHALLIE IRRIGATION REPAI PKM-TRIANGLE IRRIGATION REPAIR PWST-SAFETY JACKETS- PRCS-2011 CAMP WRINKLE RANCE 25.00 25.00 6424 64.24 183.60 96.12 87.48 1,436.92 380.27 44.84 578.70 416.68 16.43 1,437.69 1,056.63 381.06 2,027.40 2,027.40 200.00 200.00 20.56 20.56 15,657.18 -1,525.34 -4,555.38 6.881.38 -217.48 14,443.53 1,129.21 -498.74 16�.39 167.39 3,401.72 3,217.22 184.50 136.00 7 36.00 325.12 304.45 20.67 655.63 655.63 1,955.10 1,955.10 Bank of America Check No. Date Vendor Inv Date Invoice 225556 10/14/2011 000217 FEDERAL EXPRESS CORPORATION, 8/26/2011 7-6 �8-22433 225557 10l14/2011 000229 FEDERAL WAY CHAMBER COMMERCE, 10/1/2011 8326 1,0/31l2011 2042 10/31l2011 2042 10/31/2011 2042 10l31 /2011 2042 225558 1Ql14/2011 001183 FEDERAL WAY PUBLIC SCHOOLS, 8/31/2011 ARO 8365 225559 10/1M2011 001893 FEDERAL WAY SCHOOL DISTRICT, 10/3/2011 SIF-SEPTEMBER 2011 10/3/2011 SIF-SEPTEMBER 2011 225560 10l14t2011 007547 FEDERAL WAY SENIOR CENTER, 10/5l2011 1ST QTR 2011 10/5/2011 2ND QTR 2011 225561 10l14/2011 012626 FERGUSON, ERIC W 9l12/2011 021 9/15/2011 022 225562 1Q/14/2011 012299 FIELDS, CATHY LYNN 10/10l2011 SEPTEMBER 28, 2011 225563 10l14/2011 012577 FIRESTONE, 7/19l2011 107838 225564 10/14/2011 010305 FIRST STUDENT, 7/25/2011 10565159 9/9/2011 10578001 9/9/2011 10578001 225565 10/14/2011 004865 FLAGS A' FLYING LLC, 9/27/2011 43157 225566 10/14/2011 012733 FLEET SERVICES, 9/30/2011 27300027 225567 10/14/2011 002664 FLEX-PLAN SERVICES INC, 9/28/2011 182598 225568 10/14l2011 004366 FLOYO EQUIPMENT COMPANY DBA, s�2s�2o� � �ano 9/15l2011 74633 9/1M2011 74614 225569 10/1M2011 008860 FOOD SERVICES OF AMERICA, 9/28/2011 3381330 225570 10/14/2011 004566 G&M HONEST PERFORMANCE, 10/4/2011 T 50059 10l4/2011 150060 225571 10/14/2011 013182 GABANEK, JOHN 9128/2011 991390 225572 10/14/2011 013176 GAINES, WILLA 9l28/2011 991396 225573 10/14/2011 010940 GOODYEAR WHOLESALE TIRE CNTR, 9/27/2011 162588 9/27l2011 163589 9l23/2011 162453 9/20/2011 162324 9/30/2011 162691 9/30/2011 162697 9/30/2011 162738 225574 10/14/2011 004824. GOS PRINTING CORPORATION, 9/28/2011 77038 225575 10/14/2011 001992 GOSNEY MOTOR PARTS, 10/4/2011 520261 225576 10/14/2011 002547 GRAINGER INC, 9/12/2011 9633699351 9/21/2011 9647794269 9/22/2011 9642674445 Description ASHS-FEQ EXPRESS TO HABITAT CDED-TOURISM WEBSITE MAINT AG1 MO-10/11 CHAMBER LUNCH- MO-10/11 CHAMBER LUNCH- MO-10/11 CHAMBER LUNCH- MO-10/11 CHAMBER LUNCH- PKM-05/11-07l11 SAG IRRIGATION FI-09/11 SCHL IMPACT FEES & IN FI-09l11 SCHL IMPACT FEES 8 IN ASHS-Q1 2011 ADULT DAY CARE AG ASHS-Q2 2011 ADULT DAY CARE AG MO-CONFLICT PUBIIC DEFENDER AG MO-CONFLICT PUBLIC DEFENDER AG PRCS-JURIED ART SHOW PD-ALIGNMENT PRCS-3 BUSES - SUMMER DAY CAMP PRCS-BUSES FOR SUMMER DAY CAMP PRCS-BUSES FOR SAND SCULPTERIN PKM-FLAG POLE REPAIR- PD-09J11 VEHICLE FUEL - CHIEF HR-09M 1 FLEXIBLE PLAN SERVICE SWM-STEEL PLATE, ANGLE, D RING IT-SAFECITY REPLACEMENT POLE S PKM-STLK CAMERA MOUNT- DBGCATERING SUPPLIES PWFLT-MOTOR OIL PWFLT-WINDSHIELD DEICER & FLUI PRCS-CLASS CANCELLED PRCS-CLASS CANCELLED PD-NEW TIRES DELIVERED TO SPAR PD-NEW TIRES DELIVERED TO SPAR PD-NEW TIRES DELIVERED TO SPAR PD-NEW TIRES DELIVERED TO SPAR PD-NEW TIRES DELIVERED TO SPAR PD-NEW TIRES DELIVERED TO SPAR PD-RETURN TIRES INV 162588 PD-OT/LEAVE REQUEST FORMS PWFLT-SHOP RAGS, WASHER FLUID FWCC-CLEANING SUPPLIES FWCC-GASKET SEALANT FWCC-LIGHTING SUPPLIES Page 28 of 42 Amount Check Total 5.52 5.52 395.00 250.00 20.00 25.00 SO.OQ 50.00 1,370.29 1,370.29 32,310.54 32,3�.01 4.53 7,716.00 3,858.00 3,858.00 750.00 250.00 500.00 200.00 200.00 76.50 76.50 2,811.00 1,315.50 1,315.50 180.00 266.69 266.69 81.16 81.16 280.60 280.80 614.63 290.63 229.20 94.80 1,108.60 1,108.60 355.50 62.02 293.48 40.00 40.00 36.15 36.15 1,268.68 379.67 111.04 111.04 110.04 513.04 423.52 -379.67 880.46 880.46 198.90 198.90 2,524.85 312.01 21.06 636.88 Bank of America Page 29 of 42 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 9122/2011 9643240998 FWCC-CARTON SEALING TAPE 9.63 9/15l2011 9636542483 FWCC-TAPER PIPE TAP 27.06 9115/2011 9637120792 FWCC-THUMBTURN OCCUPANCY INDIC 456.70 9/15l2011 9637120800 FWCC-COUPLER, PUMP, SAFETY GLA t42.01 9/15/2011 9637120818 PKM-PIPE THREADING HEAD, RATCH 254.73 9/15/2011 9637562753 FWCC-HYDRAULIC DOOR CLOSER 40.30 9l16/2011 9638235649 PKM-PIPE THREADING HEAD- 155.91 9l14/2011 9632733334 PKM-ALL WEATHER TAPE- 68.03 9/14/2011 9632733375 PKM-SEALANT- 98.70 9/1M2011 9636094832 FWCC-HAND TAPS 62.49 9/19/2011 9639631416 FWCC-SENSOR REMOTE BULB 162.86 9/19/2011 9639674770 FWCC-BATTERIES 76.48 225577 10/14/2011 007942 GROUP MOBILE LLC, 16.00 8/18/2011 15692 IT- ITRONIX LAPTOP^ 174.00 10/10l2011 15957 IT- ITRONIX L4PTOP- -158.00 225578 10l14/2011 003541 HEAQQUARTERS PTS, 59.75 9l30/201 t 24571 DBGSANICAN SERVICES 59.75 225579 10/14/2011 001127 HEALTHPOINT, 5,2qq.pp 10/5/2011 2ND QTR 2011 ASHS-Q2 2011 PRIMARY DENTAL CA 2,622.00 10/5/2011 1ST QTR 2011 ASHS-Q1 2011 PRIMARY DENTAL CA 2,622.00 225580 10/14/2011 003985 HIGHLtNE WATER DISTRICT, 471.56 9/23/2011 19221-00 PWST-27454 PAC HWY S IRRIGATIO 471.56 225581 10/14/2011 013173 HINSHAWS MOTORCYCLE, q7g,22 8/23l2011 95865907 PD-TIRES 478.22 225582 10l14/2011 013192 HOWES, STEPHEN 751.33 10l7/2011 01-85511 REFUND PW-01-85511 HOWES ASPHALT APPR 781.83 10l7/2011 01-85514 REFUND PW-01-85511 HOWES ASPHALT APPR -30.50 225583 10/14/2011 013181 HSU, SUH JEN 35.U0 9l28/2011 991391 PRCSCLASS CANCELLED 35.00 225584 10l14/2011 003560 HUNTERS TREE SERVICE, 848.63 9/6/2011 2831 SWM-EMERGENCY TREE TRIMMING 1S 492.75 9/21/2011 2849 PWST-TREE REMOVAL 1 ST AVE � 32 355.88 225585 10l14/2011 008104 ICOM AMERICA INC, 4,168.83 9/13/2011 11846073 PD-#063670 RETURN DUPLEXER -384.79 9/15/2011 11846572 PD-ASAP FR RACK-REPEATER RACK 85.37 9l15/2011 11846572 PD-FIP PR-45-4C UHF 4 CAVITY- 439.75 9/15/2011 11846572 PD-IAS DVN 4522L - 1,188.71 9/15/2011 11846572 PD-TPL PA61FERXRFPS-I- 1,674.57 9/15/2011 11&46572 PD-HMD1583H6B1SBK- • 141.56 8/15/2011 11846572 PD-MISC-350-1AS- 177.13 9/15/2011 11846572 PD-SERViCE/SALE BUILD-UP- 54.97 9/15/2011 11846572 PD-PROGRAMMING IAS- 68.72 9/15/2011 11846572 PD-ASAP INDOOR CABINET 722.84 225586 10/14/2011 003071 INCA ENGINEERS INC, 40,129.81 9/1M2011 50487046 PWST-S344TH WAY ROUNDABOUT AG1 40,129.61 225587 10/14l2011 U00966 INPRA-INTERNATIONAL NW PARKS 8, 530.00 10/10/2011 INPRA 2011 PKM-2011 INPRA CONFERENCE REGI 530.00 225588 10l14/2011 005757 INSTITUTE FOR FAMILY, 9,865.32 10/4/2011 1ST aTR 2011 ASHS-Q1 2011 PACT PROGRAM AG11 7,397.06 10l4l2011 2ND QTR 2011 ASHS-Q2 2011 PACT PROGRAM AG11 2,468.26 225589 10/14l2011 010737 INTERWEST DEVELOPMENT NW INC, g7,qg 9/6/2011 81385 PKM-GRAVEL- 67.48 225590 10/14/2011 001133 IPMA-HR INT'L PUBLIC MGMT ASSO, 1,866.75 9/26/2011 24176378 HR-IPMA TESTING MATERIAL 1,866.75 225591 10l14/2017 012927 IRON MOUNTAIN INFORMATION MGMT, 390.15 6l30/2011 DUT4189 PD-RECORDS STORAGE IRON MT 390.15 225592 10/14/2011 012345 J.R. HAYES 8 SONS, INC., 376,695.12 9/20/2011 AG10-109 #15 PWST-PAC HWY S HOV PH IV AG10- 396,519.00 9l20/2011 AG10-109 #15 PWST-PAC HWY S HOV PH IV AG1Q -19,823.88 225593 10/14/2011 009730 JACK, DRISKELL J 100.00 9l7/2011 09l07l11 MC-INTERPRETER SVC 100.00 225594 10/1M2011 010605 JACOBSON, ELIZABETH 264.00 Bank of America Check No. Date Vendor Inv Date Invoice 9/29/2011 SEPTEMBER 27, 2011 225595 10l14/2011 005656 JIM'S DETAIL SHOP, 10/3/2011 13647F 225596 10/14/2011 011941 JOHN EPLER & ASSOCIATES, 9/30/2011 SEPTEMBER 30, 2011 225597 10/142011 01261 T JOHN'S CLEANING SERVICES INC, 9/30/2011 640 225598 10/14f2011 013169 JOHNSON, HELEN L 9/19/2011 112-01231 REFUND 225599 10/14/2011 013190 JOHNSON, AAARSHALL L 9/28/2011 SEPTEMBER 28, 2011 225600 10/14l2011 010838 JOHNSON, STEPHEN G 9/7/2011 SEPTEMBER 7, 2011 9/14/2011 SEPTEMBER 27, 2011 9/27/2011 SEPTEMBER 27, 2011 225801 10/T4l2011 013180 JONES, DENISE 9l28/2011 991392 225602 10/14l2011 009192 JUDICIAL CONFERENCE REG., 9/30/2011 S. LEE REGISTER 225603 10/14l2011 013167 JUN, KWANG J 9/29l2011 0991100040906 225604 10/14/2011 003309 KCDA PURCHASING COOPERATIVE, 6!2/2011 34&4227 6/2/2011 3484227 225605 10/14/2011 001647 KELLER SUPPLY COMPANY, 9/16/2011 S005143434.001 225606 10/14/2011 011736 KIM, CHUL JOON 9l27/2011 09l27l11 9/22/2011 09/22/11 225607 10/14/2011 006222 KIM, RICHARD 10/4/2011 KIM 2011 225608 10/14/2011 001259 KING COUNTY CRIME VICTIMS FUND, 10l6/2011 SEPTEMBER 2011 225609 1N14/2011 000125 KING COUNTY FINANCE DIVISION, 9/22/2011 1628209 9/22/2011 1628209 9/22/2011 1628209 8/22/2011 1628209 9/19/2011 1627379 9/19/2011 1627380 9/19/2011 1627383 9/19/2011 1627383 9/19l2011 1627383 9/19/2011 1627383 9/19/2011 1627383 225610 10/14/2011 005568 KING COUNTY FLEET ADM DIVISION, 9l23/2011 205524 225611 10/14/2011 003898 KING COUNTY RADIO, 9/20/2011 5514 225612 10/14/2011 008492 KPG INC, 9/13/2011 84411 225613 10/14/2011 012554 KRAVCHENKO, ALEKSANDR 10l13l2011 02-68474 REFUND 11l30/2010 02-68474 REFUND 225614 10l14/2011 000096 LAKEHAVEN UTILITY DISTRICT, 9/22/2011 3059601 9/22/2011 3131501 9/22/2011 1768602 9l22/2011 1768602 9/8/2011 3568701 9/22/2011 1014202 9/22/2011 1014202 Description PRCS-BALLROOM DANCE CLASSES- PD-FULL INTERIOR SHAMPOO ASHS-CDBG CONSULTANT AG11-171- PD-DRY CLEANING SVC AG11-001 PD-112-01231 SENIOR REFUND PRCS-JURIED ART SHOW MO-CONFLICT DEFENDER SVC AG11- MO-CONFLICT DEFENDER SVC AG11- M0.CONFUCT DEFENDER SVC AG11- PRCS-CLASS CANCELLED MC-INSTITUTE FOR NEW COURT CLE MC-RED LIGHT PHOTO K JUN PKM-PLAYGROUND PARTS AND ELEME PKM-KCDA FEE TO PROCESS PURCHA PKM-TOILET REPAIR- MC-INTERPRETER SVC MC-INTERPRETER SVC PD-CLOTHING ALLOW. R. KIM FI-09l11 REMIT CRIME VICTIM FE IT-10/11 NET SVCS AG11-111 - IT-10/11 NET SVCS AG11-111 - IT-10/11 NET SVCS AG11-111 ^ IT-10/11 NET SVCS AG11-111 ^ RM-KING CO. LIGHT REPAIR, POLE PD-KING CO. T/P SIGNALS PWTR-OS/11 DISC INVOICE TRFFC- PWTR-08/11 DISC INVOICE TRFFC PWTR-08/11 DiSC INV. TRFFC TRI PWST-08/11 DISC INV. 2011 OVER PWST-08/11 DISC INV. PACC PWFLT-REPLC CUTTER HEAD IT-PD RADIO MAINT/REPAIR PWST-10TH AVE @ CAMPUS DR. IMP PW-02-68474 REFUND INSPECT. DE PW-02-68474 BOND REFUND KRAVCH PKM-06/11-8l15l11 3200 349TH S PKM-09/11 30655 21 ST AVE SW#31 DBC-05/11-08/17/11 3200 DASH P DBC-OS/11-OB/17/11 3200 DASH P PKM-OS/11-07/21/11 34915 4TH A PKM-06/11-08/17I11 312 DASH PT PKM-06/11-OS/17/11 312 DASH PT 0 Page 30 of 42 Amount Check Total 264.00 93.08 93.08 24,OOO.QO 24,000.00 993.44 993.44 60.OU 60.U0 200.00 200.00 1, 565.00 500.00 250.00 815.00 37.60 37.60 55.00 55.00 225.00 225.00 15,598.28 15,598.27 0.01 7.21 7.21 206.00 106.00 100.00 500.00 500.00 1,731.91 1,731.91 18,813.98 414.00 103.50 258.75 258.75 8,181.33 216.98 2,344.52 2,143.37 427.96 4,458.55 26.27 573.25 573.25 8,040.50 8,040.50 17,763.32 17,763.32 3,918.53 300.00 3,618.53 2,147.14 19.72 5.64 332.08 163.56 41.25 71.72 22.66 Bank ot America Page 31 of 42 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 9/22/2011 2592802 PKM-O6/11-08/16/11 1210 333 ST 117.88 9/22/2011 2781501 PKM-O6/11-08/17l11 31200 DASH 140.23 9/22/2011 2906301 PKM-06/11-08/17/11 312 DASH PT 1,232.39 225615 10/14/2011 001963 LAKESIDE INDUSTRIES INC, 610.87 9/28/2011 12031541MB PWST-COLD MIX- 610.87 225616 10/14/2011 011908 LARSEN SIGN CO., 196,74 9/20/2011 13202 PD-REMOVE GRAPHICS 196.74 225617 10/14/2011 010981 LiND�UIST, BROOK 200.00 10/6/2011 UNDQUIST 2011 ASHS-CDBG HUD TRNG LIND�UIST 200.00 225618 10/14l2011 000630 LLOYD ENTERPRISES INC, 1,284.35 9l30/2011 155101 PWST-DUMP ASPHALT 485.20 9/7J2011 154096 PKM/PWST-CONCRETE & DUMP ASPHA 408.43 9/2/2011 154096 PKM/PWST-CONCRETE & DUMP ASPHA 112.12 9/26/2011 154840 SWM-RIP RAP 255.82 9/15/2011 154556 PKM-ASPHALT 22.78 225619 10/14/2011 0�5339 LOWE'S kIW iNC, 915.59 9/15/2011 23860 FWCGCLEANER, HEADLAMP, UME A 21.85 9/15/2011 23860 FWCC-CLEANER, HEADLAMP, LIME A 74.15 9/26/2011 02714 PWST-ELECT MOTOR 8 WHT LITHIUM 103.41 9/25/2011 14480 PKCP-MAINT SUPPLIES 39.16 9l18/2011 13839 PKM-MAINT/REPAIR SUPPLIES 82.48 9/16/2011 18669 PKM-RETURN REPAIR MATL �3.86 9/28/2011 14946 PKM-STLK CAMERA POLE REPAIRS 17.43 9l15/2011 02351 PKM-HYLEBOS HOUSE REPAIRS 192.68 9/19/2011 02917 CH&ADJUSTABLE BLOCK PLANE 20.78 9/20/2011 19624 PKM-LANDSCAPE TIMBER, QUIKFORM 61.11 10/M2011 15558 CHB-MAINT SUPPLIES 56.85 10/4/2011 14843 PKM-IT CAMERA SUPPLIES 30.33 10/3l2011 14721 PKM-DEWALT 18V BARE CUTTOFF 160.49 1Q/6/2011 02120 PKM-DP HIGHLANDS - CLAMPS 17.67 10/6/2011 14306 PKM-GAUGE 19.95 9/29/2011 02075 PKM-REPAIR SUPPLtES 32.19 9/30/2011 01897 PKM-BEACH HOUSE WIIFI SUPPLIES 39.42 9/30/2011 01908 PWST-TOOL BOX FOR #250 9.50 225620 10l14/2011 012967 M J DURKAN INC, 5,�0.00 10l1/2011 OCTOBER 1, 2011 LAW-LEGISLATIVE LOBBYING SVC A 5,000.00 . 225621 10/14/2011 700156 MACDONALD MILLER SERVICE INC, 56,368.41 9/29l2011 JC7659 PARKS-ENERGY EFFICIENCY PROJEC 56,368.41 225622 1U/14/2017 013168 MACON, GWENDOLYN 25.00 9/19/2011 03-70678 REFUND PD-DISABLED CITIZEN REFUND 25.00 2Z5623 10/14l2011 001004 MAILMEDIA DBA IMMEDIA, 390.65 9/19/2011 61822 PRCS-NCOA NEWSLETTER FALL 2011 390.65 225624 10/14/2011 010356 MENDOZA LAW CENTER, PLLC, 885.U0 9115/2011 SEPTEMBER 15, 2011 LAW-LEGAL SVCS AG10-135- 885.00 225625 10/14/2011 005176 MERINO STRAWE, BETTY �75,pp 9/27/2011 09/27/11 MC-INTERPRETER SVC 175.00 225826 10/14l2011 001793 MICROFLEX INC, 332.48 9/9/2011 00020192 FI-08/11 TAX AUDIT PROG. 332.48 225627 10/14/2011 005563 MILES SAND & GRAVEL, 3,560.12 9/22/2011 211974 PWST-GRAVEL- 519.52 9/22/2011 21201 t PKM-ASPHALT- 455.61 '10/4l2011 212330 PWST-ASPHALT- 733.58 9l27l2011 212116 PWST-GRAVEL- i,192.16 9t27/2011 212117 PKM-ASPHALT- 659.25 225628 10l14l2011 003170 MODERN SECURITY SYSTEMS INC, 114.81 9/2512011 51502 PKM-Q4 2011 MONITORING SERVICE 114.81 225629 10/14/2011 008029 MONTES DE OCA RICKS, MARIA �g7.gp 9/27/2011 09/27l11 MGINTERPRETER SVC 187.50 225630 10/14/2011 001052 NAPA AUTO PARTS, 157.23 10/4/2011 085815 PWFLT-BATTERY 157.23 225634 10/14/2011 003868 NATIONAL BARRICADE COMPANY INC, 344.10 6/28/2011 189112 SWM-NIGHT WORK ON 16TH AVE S A 344.10 • Bank of America Page 32 of 42 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 225632 10/14/2011 011918 NATIONAL LAW ENFORCEMENT, 869.29 9l17/2011 70313 PD-CRIME SCENE VAN SUPPLIES 45.75 9/16/2011 69871 PD-CRMIE SCENE VAN SUPPLIES 108.22 9/16/2011 69953 PD-CRIME SCENE VAN SUPPLIES 201.42 9/20/2011 70240 PD-CRIME SCENE VAN SUPPLIES 513.90 225633 10/14/2011 000043 NEW LUMBER & HARDWARE COMPANY, 357.90 9/20/2011 258648 PKM-TRAIL BENCH REPAIRS 15.42 9/19/20t1 258615 PKM-C,REEN HOUSE FIRE INSPECTIO 3.58 9H 9l2011 258623 SWM-FLAGGING TAPE 2.45 9l20/2011 258647 PKM-CONCRETE MIX 30.55 9/26/20T1 258807 PKM-REPLC TOOLS FOR TRUCK 101 42.46 8/19/2011 257745 SWM-FENCE STAPLES 4.82 9/28/2011 258848 PKM-EXTERIOR PLYWOOD - AMC SIT 36.50 9/22/2011 258713 PKM-REPAIR DOG BAG HOLDER, TAB 54.38 . 9/22/2011 25872Q SWAA-WOOD STAKES 8.81 9/22/2011 258728 PKM-SAG ELECT BOX REPAIRS 19J9 9/21/2011 258703 PKM-TERMITE POISON - DBC STUMP 17.71 10/3/2011 258985 SWM-LIQUID NAILS 16.05 � 10/4/2011 259024 PWFLT-MISC HARDWARE 9.22 10/M2011 259026 PKM-LAG SCREWS 4.51 10/6/2011 259060 PKM-PREMIX CONCRETE DP HIGHLAN 6.11 10l5/2011 259035 SWM-CONCRETE FORMS - BOARDS 49.22 10/5l2011 259055 SWM-CONCRETE FORMS - BOARDS 18.60 9/29/2011 258907 PWST-SHOP RAGS 17.72 225634 10/14/2011 001391 NORTH COAST ELECTRIC COMPANY, 120.77 9/27/2011 54184397.001 PWST-ELECTRICAL SUPPLIES 23.32 9/15/2011 S4165046.001 DBC-ELECTRICAL SUPPLIES 39.86 9l16l2011 54167394.001 PKM-ELECTRICAL SUPPLIES SAFE C 57.59 225635 1�/14/2011 012847 NORTHWEST LANDSCAPE SVC OF WA, 3,499.18 9/1/2011 RE00�048007 PKM-09/11 LANDSCAPE MAINT. AG1 3,499.18 225636 10l14/2011 003392 NORTHWEST L�NINGS 8 GEOTEXTiLE, 197.10 9/23/2011 0040766-IN SWM-WEED BLOCK FABR�C- 197.10 225637 10/14/2011 012010 NORTHWEST PERMIT, 71.60 9/26/2011 11-103736 REFUND CD-11-103736 PERMIT CANCELLED 71.60 225638 10/14/2011 003736 NORTHWEST TOWiNG INC, Zgp,72 9/21/2011 405100 PD-VEHICLE TOW CASE 11-12279 290.72 225638 10l14/2011 000007 OFFICEMAX CONTRACT INC, 30.52 9/30/2011 SEPTEMBER 2011 CD-OFFICE SUPPLIES 30.52 225640 10/14/2011 007444 ORCA PACIF�C INC, 2,069.16 9/22/2011 052190 FWCC-POOL CHEMICALS SVC AG1�-1 1,102.88 9/13/2011 051971 FWCC-POOL CHEMICALS SVC AG10-1 966.28 225641 10/14l2011 000504 ORIENTAL GARDEN CENTER, 120.45 9/27/2011 50475 PWST-CHAINS FOR SAWS 120.45 225642 10/14/2011 009920 OSAKA GARDEN SERVICE, 2,990.45 7/1/2011 28263 CHB-07/11LANDSCAPEMAINTENANCE 774.17 9/1/2011 28547 PKM-09/11 LANDSCAPE MAINTENANC 389.82 9/1/2011 28550 CHB-09/11 LANDSCAPE MAINTENANC 742.41 9/20l2011 28651 PKM-CP TREE SPRAYING - 1,084.05 225643 10/14/2011 005741 OUTCOMES BY LEVY, 4,563.49 9/30/2011 SEPTEMBER 2011 MO-09l11 LEGISLATIVE LOBBY AG1 4,563.49 225644 10/14/2011 013166 PACIFIC PIUMBING, 50.00 9/26/2011 11-103773 REFUND CD-11-103773 CANCELLED PERMIT 50.00 225645 10/14/2011 006440 PAPE MACHINERY INC, 49.03 9!2?J2011 6717576 PWFLT-HYDRAULIC OIL 49.03 225646 10/14/2011 013179 PARADEE, STEPHANIE 53.00 9/28/2071 991393 PRCS-CLASS CANCELLED 53.00 225647 10/14/2011 012903 PENNY, DAVID J 750.00 9/16/2011 004 MO-CONFLICT DEFENDER SVC AG11- 500.00 9/22/2011 005 MO-CONFLICT DEFENDER SVC AG11- 250.00 225648 10/14/2011 003356 PEREZ, RICK 114.00 10/4/2011 PEREZ 2011 PWTR-PE LICENSE RENEW PEREZ t 14.00 225649 10/14/2011 012510 PETTY CASH - FI, g� 1,30 Bank of America Check No. Date 225650 70/14/2011 225651 10/14/2011 Vendor Inv Date 10/12/2011 FI-10/12J11 10/12/2011 FI-10/12/11 10/12/2011 FI-10/12l11 10/12/2011 FI-10/12/11 10/12/2011 FI-10/12/11 10/12l2011 FI-10/12/11 10/12/2011 FI-10/12/11 10l12/2011 FI-10/12/11 10/12/2011 FI-10/12/11 10/12/2011 FI-10/12/11 10/12/2011 FI-10/12/11 10/12/2011 FI-10/12l11 10l12/2011 FI-10/12/11 10l12/2011 FI-10112/11 10/12/2011 FI-10/12/11 10/12/2011 FI-10l12/11 10/12/2011 FI-10/12/11 10/12/2011 FI-10/12/11 10/12/2011 FI-10/12/11 10/12/2011 FI-10/12/11 10/12l2011 FI-10/12J11 10/12/2011 FI-10/12/11 10l12/2011 FI-10/12/11 10l12/2011 FI-10/12/11 010580 PETTY CASH - MO, 9/28/2011 MO-09/28/11 9/28/2011 MO-09/28l11 9/28/2011 MO-09/28/11 9l28/2011 MO-09/28/11 9/28/2011 MO-09/28/11 9/28/2011 MO-09/28/11 9l28/2011 MO-09/28/11 9/28/2011 MO-09/28/11 9/28/2011 M0.09/28/11 9/28/2011 MO-09/28/11 9l28/2011 MO-09l28/11 9/28/2011 MO-09J28/11 9/28/2011 M0-09/28l11 9/28/2011 MO-09/28/11 9/28/2011 MO-09/28/11 9/28/2011 MO-09/28/11 9/28/2011 MO-09/28/11 9/28/2011 MO-09/28/11 9/28/2011 MO-09/28/11 9l28/2011 MO-09/28/11 9/28/2011 MO-09l28/11 9/28/2011 MO-09l28/11 9/28l2011 MO-09/28/11 9/28/2011 MO-09l28/11 9/28/2011 MO-09/28/11 006241 PETTY CASH-POLICE DEPT, 10H2/2011 PD-10/07/11 10l12/2011 PD-10/07l11 10/12/2017 PD-10/07/11 10l12/2011 PD-10/07/11 10l12/2011 PD-10/07/11 10/12/2011 PD-10/07/11 10/12/2011 PD-10/07l11 10112/2011 PD-10/07/11 10/12/20t1 PD-10/07/11 10112/2011 PD-10/07l11 10/12/2011 PD-10/07/11 10/12/2011 PD-10/07/11 10/72/2011 PD-10/07/71 Invoice Description ASHS-DBG ENTITLEMENT MTG W/C. FI-BELLEVUE CITY HALL-IAC MEET HR-WELLNESS-HULA HOOPS SWM-STEEL LAKE LMD MTG PRCS-PARKING MARINERS TRIP PRCS-SPC OLYMPICS SOFTBALL PAN SWArt-VELCRO FOR DISPLAY BOARDS SWM-UPS SHIPPING SWNt-TO TUMWATER TO POSTERS ASHS-LINGQUIST OS/11-09/11 FI-WELLNESS PING PONG BALLS FI-STAFF GOING AWAY CAKE PWFLTI-VEHICLE LICENSE SWM- INSP TRAILER ITEMS SWM-7" MIRROR F/TRAILER HR-WELLNESS-DECATHLONLUNCH CD-GRAFFITI SUPPLY-BOOTS ASHS-PARKING IN SEATTLE-HUD PKM-CDLENDORSEMENT PW-LUTC MTGS-FOOD/BEVERAGE PRCS-SAFETY FOOTWEAR-BARBER SWM-CONF FEE STORMING THE SOUN SWM-GARDEN ART-WORKSHP SWM-INSP TRAILER ITEMS PRCS-MIKE DALEY CLOTHING REIMB PW-VEHICLE LICENSE FEES PRCS-DUMAS BAY SCULPTURE CONTE PW-ROB VAN ORSOW PARKING REIMB CC-LINDA KOCHMAR PARKING REIMB CC-GOOD EGGS BREKFAST FOR LIND PV�SARADY LONG PARKING REIMBUR CC-DINI DUCLOS PARKING REIMBUR CC-OINI DUCLOS MILEAGE REIMBUR LAW-AMY JO PEARSALL TRANSPORTA MO-DENISE CATALANO PARKING REI MO-DENISE CATALANO MILEAGE REI PW-DBC STEERING COMMITTEE REFR PW-OFFICE SUPPLIES LAW-PETER BECKWITH PARKING REI CC-LINDA KOCHMAR MiLEAGE REIMB CC-LINDA KOCHMAR PARKING REIMB CC-GOOD EGGS BREAKFAST FOR LIN PW-KEN MILLER PARKING REIMBURS PW-KEN MILLER LUNCH AT PSP MEE CC-MICHAEL PARK PARKING REIMBU CC-MICHAEL PARK MILEAGE REIMBU CC-OFFICE SUPPLIES PW-ROB VAN ORSOW PARKING REIMB PW-LICENSE RENEWAL FOR JOHN GI PD-COFFEE:VOLUNTEER RECOGNITIO PD-COFFEE:VOLUNTEER RECOGNITIO PD-PHOTO COLLAGE MOUSEPADS FOR PD-PARKING FEES FOR A COURT- PD-FOOD-COFFEE FOR DETECTIVES- PD-CRIME SCENE SUPPLIES- PD-PARKING FEES FOR TRAINING- PD-REIMBURSEMENT TO REPIACE DA PD-MILEAGE REIMBURSEMENT- PD-CIS CLOTHING ALLOWANCE- PD-REIMB:ANTENNA FOR- PD-FUEL FOR VEH #6062- PD-RANGE GEAR FOR TARGETS- Amount 5.61 29.97 8.97 5.56 40.00 6.56 12.03 67.62 38.85 75.28 21.70 60.04 34.25 72.17 18.60 54.40 54.74 35.OU 61.00 8J9 34.39 10.00 32.82 22.95 25.00 34.25 95.38 8.00 29.19 15.00 12.00 29.28 35.24 11.00 50.00 18.32 8.00 38.38 10.99 58.95 8.00 17.00 1.50 9.81 9.00 43.85 16.41 8.00 61.00 58.75 52.07 15.80 10.00 43.58 13.10 14.00 33.86 17.98 43.95 6.95 5.00 11.59 Page 33 of 42 Check Total 654.57 416.58 Bank of America Page 34 of 42 Check No. Date Vendor Inv Date Invoice Description Amount Check T 10/12/2011 PD-10/07/11 PD-AMMUNITION:FIREARMS TRNG- 83.96 10/12/2011 PD-10/07lt1 PD-SUPPLIES FOR VEHICLE MAINTE 5.99 225652 10/14l2011 00596Q PHIL'S SOUTH SIDE CYCLERY, 688.77 9l28/2011 09/28/11 PD-BICYCLE LUBE 20.26 9/28/2011 09/28/11 PD- 153.30 8H2/2011 08/12/11 PD-BICYCLE TUBE & LUBE 65.70 8/15/2011 08/15/11 PD-BICYCLE GLOVES, TUBE, TOOL, 175.75 7/28/2011 07/28/11 PD-BICYCLE BRAKE PADS 38.33 5/7l2011 OS/07/11 PD-BICYCLE CHAIN, TUBE, CHAIN 186.15 8/30/2011 08l30/11 P0.BICYCLE REPAIRS 49.28 225653 10/14/2011 000697 P�ERCE COUNTY BUDGET & FINANCE, 450.00 9l22/2011 AR126023 HR-ATTITUDES TOWARDS DIFFERENC 450.00 225654 10/141201 t 009791 PIRTEK KENT, 9/22/2011 S1543678.001 9/16/2011 S1541723.001 9/28/2011 51545643.001 siasizoii s�sasssa.00� 225655 10l14/2011 012915 PITNEY BOWES PRESORT SVC INC, TO/1/2011 3062145 10/1/2011 3062145 10/1/2011 3062145 225656 10/14/2011 000808 PLATT ELECTRIC SUPPLY, S/29/2011 0158411 9/25/2011 0317161 225657 10/14/2011 005583 PRAXAIR DISTRIBUTION INC, 9/20/2011 40743936 225658 10/14/2011 010845 PRIORITY PRINT MANAGEMENT INC, 9/16/2�11 00030050 225659 10l14/2011 009960 PROFORCE LAW ENFORCEMENT, 9l26/2011 120476 225660 10/14/2011 013194 PRO-TECH SECURITY SALES, 9!8/2011 18172 225661 10/14l2011 012361 PROVIDENCE COMMUNITY, 8/31/2011 AUGUST 2011 , 8/31/2011 AUGUST 31, 2011 225662 10/14/2017 000051 PUGET SOUND ENERGY INC, 9/16/2011 004919-1000 9l16/2011 250.275-0389 9/16/2011 250-275-0389 9l28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9l28/2011 PWT'R 2011 �9 9/28/2Q11 PWTR 2011 09 9/28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9l28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9l28l2011 PWfR 2011 09 9/28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9/28l2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9/2812011 PWfR 2011 09 9/28/2011 PWTR 2011 09 PWFLT-RESEAL LEAKING COUPLER PWFLT-REFIT ASSEMPLY PWFLT-BLOCK COUPLER PWFLT-ASSEMBLY, HOSE SLEEVE FI-09l11 POSTAL SVC FI-09/11 POSTAL SVC FI-09/11 POSTAL SVC DBC-ELECTRICAL SUPPLIES CHB-REPAIR AND MAINTENANCE SUP PKM-WELDING SUPPLIES- SWM-08/11 WATERLOG NEWSLETTER- PD-TASER REPLACEMENT PD-COMBAT HELMET PD-08/11 INDIGENT FEES GPS, EH PD-OS/11 INDIGENT WORK CREW SWM-09/11 2101 324TH STORAGE E PWTR-09/11 106 SW CAMPUS DR- PWTR-09/11 106 SW CAMPUS DR- PWTR-09/11 CRNR S 316TH ST 8 2 PWTR-09/11 HOYT RD & 340TH- PWTR-09/11 PAC HWY S& S 330TH PWTR-09/17 S 288TH ST & PAC HW PWTR-09/11 S288TH 8 18TH AVE S PWTR-09/11 S 296TH PL & MILITA PWTR-09l11 S 320TH & 23 AV S- PWTR-09l11 S 322ND & 23 AVE S- PWfR-09/11 S 336TH ST 8 PAC HW PWTR-OS/11 S 348TH � 1STAVE- PWTR-09l11 S 282ND & MILITARY PWTR-09/11 S 316TH & PAC HWY S PWfR-09/11 SW CRNR S 312TH 8 P PWTR-09l11 SW 308TH 8 2ND AVE PWfR-09/11 SW 329TH WAY & HOYT PWTR-09/11 VARIOUS LOCATIONS- PWTR-03/11 1 TH WAY S 8 334TH S PWTR-09/11 1ST WAY S& 336TH S PWTR-09l11 1ST AVE S& S 330TH PWTR-09l11 1000 SW CAMPUS DR� PWTR-09/11 115TH ST S& 316ST PWTR-09/11 1300 S 344TH ST- PWTR-09/11 1403 SW 312TH ST PE PWTR-09/11 1405 S 312TH ST.- 1,311.61 151.11 227.92 442.66 489.92 3,436.12 2,164.76 515.42 755.94 143.93 20.74 123.19 20.43 20.43 471.56 471.56 906.55 906.55 214.00 214.00 8,896.00 8,671.00 225.00 15,535.41 310.42 62.62 74.65 83.05 98.73 170.19 557.96 130.73 22.25 330.88 216.92 514.33 274.57 156.79 68.35 253.93 10.11 10.20 31.82 18.01 87.69 56.50 173.87 10.11 30.96 10.20 150.87 Bank of America Page 35 of 42 Check No. Date Vendor Inv Date Invoice Description Amo Check Total 9/28/2011 PWTR 2011 09 PWfR-09/11 1414S 324TH ST.- 38.24 9/28/2011 PWTR 2011 09 PWTR-09/11 1790 SW 345TH PLACE 169.05 9/28/2011 PWTR 2011 09 PWTR-09/11 18TH AVE & S 312 ST 52.55 9/28/2011 PWTR 2011 09 PWTR-09/11 199 SW 311TH PLACE- 141.40 9/28/2011 PWTR 2011 09 PWTR-09l11 21ST AVE SW & SW 33 129.65 9/28/2011 PWTR 2011 09 PWTR-09/11 21ST AVE SW & SW 34 314.74 9/28/2011 PWTR 2011 09 PWfR-09/11 21ST AVE S GRID ROA 98.73 9/28/2011 PWTR 2011 09 PWfR-09/11 21ST AVE SW & SW 32 112.76 9/28/2011 PWTR 2011 09 PWTR-09/11 21ST AVE SW 8 356TH 94.60 9/2 812 0 1 1 PWTR 2011 09 PWTR-09/11 2140 SW 356TH ST- 31.82 9/28/2011 PWTR 2011 09 PWTR-09l11 23RD AVE S& S 317T 233.46 9/28/2011 PWTR 2011 09 PWTR-09/11 23RD AVE S& 320TH 228.26 9/28/2011 PWTR 2011 09 PWiR-09l11 2510 S 336TH ST� 10.11 9/28/2011 PWTR 2011 09 PWTR-09/11 2510 SW 336TH STREE 10.11 9/28/2011 PWTR 2011 09 PWTR-09/11 2613 S 275TH PLACE 29.60 9/28/2011 PWiR 2011 09 PWfR-09/11 28516 24TH AVE S- 23.93 9/28/2011 PWfR 2071 09 PWTR-09H 1 29600 PAC HWY S SIG 520.65 9/28/2011 PWTR 2011 09 PWTR-09/11 29829 23RD AVE S- 29.84 9/28/2011 PWTR 2011 09 PWTR-09/11 2999 SW 314TH ST- 79.78 9/28/2011 PWfR 2011 09 PWTR-09/11 30400TH PAC HWY S^ 60.45 9/28/2011 PWTR 2011 09 PWiR-09/11 30800 PAC H1NY S- 44.96 9/28/2011 PWTR 2011 09 PWTR-09/11 31020 14TH AVE S- 43.36 9/28/2011 PWTR 2011 09 PWfR-09/11 3113 27TH AVE SW- 100.31 9/28l2011 PWTR 2011 09 PWTR-09/11 31200 STATE RT 99 S 373.76 9/28/2011 PWTR 2011 09 PWTR-09/11 31455 28TH AVE S- 123.62 9/28l2011 PWTR 2011 09 PWfR-09/11 31600 STATE RT 99 S 115.73 9/28/2011 PWfR 2011 09 PWTR-09/11 31847 PAC HWY S- 320.65 9/28/2011 PWTR 2011 09 PV1/TR-09/11 3191U GATEWAY CNTR 46.04 9/28/2011 PWTR 2011 09 PWfR-09/11 32000 PAC HVW S^ 294.60 9/28/2011 PWTR 2011 09 PWTR-09N 1 32400 STATE RT 99 N 115.54 9/28/2011 PWTR 2011 09 PWTR-09/11 32400 STATE RT 99 S 345.64 9/28/2011 PWTR 2011 09 PWfR-09/11 32400 STATE RT 99 S t20.36 9/28/2011 PWTR 2011 09 PWfR-09/11 32932 7TH CT SW- 20.57 9/28/2011 PWTR 2011 09 PWfR-09/11 32562 SW HOYT RD FL 10.20 9/28/2011 PWTR 2011 09 PWTR-09/11 32731 HOYT RD FLASH 10.41 9/28l2011 PWTR 2071 09 PWTR-09/11 33099 HOYT RD SW- 264.57 9l28/2011 PWTR 2011 09 PWTR-09/11 3318 SW 346TH PLACE 37.51 9/28/2011 PWTR 201 T 09 PWTR-09l11 33220 ST WAY S- 45.64 9/28/2�11 PWTR 2011 09 PWTR-09/71 33325 8TH AVE- 127.09 9/28/2011 PWfR 2011 09 PWTR-09/11 33401 38TH AVE S- 187.59 9/28/2011 PWTR 2011 09 PVYTR-09/11 33405 6TH AVE S- 33.10 9/28/2011 PWTR 2011 09 PWTR-09/11 33507 9TH AVE- 83.95 9/28/2011 PWTR 2011 09 PWTR-09/11 33645 20TH PLACE- 296.37 9/28l2011 PWTR 2011 09 PWTR-09/11 33800 WEYHR WAY S- 261.63 9/28/2011 PWTR 2011 09 PWTR-09/11 34010 20TH AVE- 122.54 9/28/2011 PWTR 2011 09 PWTR-08/11 34018 PAC HWY S- 66.38 9/28/2011 PWTR 2011 09 PWTR-09/11 3420 SW 343RD ST- 31.24 9/28/2011 PWTR 2011 09 PWTR-09/11 34800 21ST AVE SW- 98.80 9/28/2011 PWTR 2011 09 PWiR-09/11 34836 WEYHR WAY S- 60.64 9/28/201 t PWTR 2011 09 PWfR-09/11 34801 16TH AVE S- 45.05 9/28/2011 PWfR 2011 09 PWTR-09/11 35007 ENCHANTED PKW 139.81 9/28/2011 PWiR 2011 09 PWfR-09/11 35106 21ST AVE SW- 31.82 9l28/2011 PWiR 2011 09 PWfR-09l11 35202 ENCHANT PKWY- 252.85 9/28/2011 PWTR 2011 09 PWTR-09/11 35505 PAC HWY S- 351.85 9/28/2011 PWTR 2011 09 PWTR-09/11 35654 9TH AVE SW- 21.36 9/28/2011 PWTR 2011 09 PWTR-09/11 35896 PAC HWY S- 75.85 9/28/2011 PWTR 2011 09 PWTR-09111 35909 7ST AVE SW FL 10.20 9/28/2011 PWTR 2011 09 PWTR-09/11 36111 16TH AVE S- 96.68 9/28/2011 PWTR 2011 09 PWTR-09l11 36201 MILTON RD- 171.20 9/28/2011 PWfR 2011 09 PWTR-09/11 36600 PAC HWY S- 10.41 9/28/2011 PWTR 2011 09 PWTR-09/11 491 S 338TH ST- 63.41 9l28/2011 PWTR 2011 09 PWTR-09/11 727 S 312TH ST- 227.48 9/28/2011 PWTR 2011 09 PWfR-09/11 STH AVE S 8 DASH PT 60.25 9/28l2011 PWfR 2011 09 PWTR-09/11 824 SW 361TH ST- 185.42 Bank of America Check No. Date Vendor Inv Date Invoice 9/28/2011 PWTR 2011 09 9/28/2011 PWTR 2071 09 9/28/2011 PWTR 20t1 09 S/28/2011 PWTR 2011 09 9/28/2011 PWfR 2011 09 9/28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9l28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9l28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9l28/2011 PWTR 2011 09 9/28/2011 PWTR 2011 09 9/28/2011 PVYTR 2011 09 9/28/2011 PWTR 2011 09 9l28/2011 PWTR 2011 09 9l28l2011 PWfR 2011 09 9/28/2011 PWTR 2011 09 9/281201 T PWTR 2011 09 225663 10/14/2011 013184 PWF PROCESSING, 9/1/2011 12780 225664 10l14/2011 008649 QUALITY WATER SERVICES, 9/30/2011 73757 9l30/2011 73801 225665 10/14/2011 007837 QUARTERMASTER, 9/24/2011 P667329101034 225666 10/14/2011 010187 RASOR, EVA EDLA 10/7/2011 SEPTEMBER 2011 225667 10/14/2011 001139 RED WING SHOE STORE, 10/6/2011 00887007844 225668 10/14l2011 005508 SAFAROVA-DOWNEY, ALMIRA 9/27/2011 09/27/11 225689 10l14l2011 010523 SBS OF AMERICA, 10lt/2011 27608 10/1/2011 27608 225670 10/14/2011 003215 SEATTLE PUMP 8 EQUIPMENT CTJ, 8/15/2011 11-3246 225671 10/14/2011 000055 SEATTLE TIMES, 9/B/2011 1043974001 225672 10/14/2011 000351 SEATTLE TIMES, 9/25/2011 001118471 225673 10l14l2011 700412 SEATTLE UNIVERSITY, 10lM2011 34015 225674 10/14l2011 010962 SHARP BUSINESS SYSTEMS, 9l26/2011 C728453-701 225675 10/14/2011 013183 SHAW, JOHN 9/28/2011 991389 225676 10/14/2011 004963 SOUND PUBLISHING INC, 9/3l2011 522857 225677 10/14/2011 004963 SOUND PUBLISHING INC, 9/24/2011 528513 225678 10l14/2011 004963 SOUND PUBLISHING INC, 9l10/2011 525652 225679 10/14/2011 000285 SOUTH KING FIRE 8 RESCUE, 10/10/2011 3RD QTR 2011 225680 10/14/2011 004910 SPACESAVER NORTHWEST, 9/28/2011 12752 225681 10/14/2011 001885 SPARKS CAR CARE, Description PWTR-09/11 S 322ND ST @ 23RD A PVVrR-09/11 HWY 509 & 21STAVE PWTR-09/11 NE CRNR S 312TH & 2 PWTR-09/11 S 304TH & MILITARY PWTR-09l11 S 312TH & 23 AVE S- PWTR-09/T1 S 314TH & 20TH AVE PWTR-09l11 S 320 SET & 32RD AV PWfR-09/11 S 320TH & PAC HWY S PWTR-09l11 S 320TH & WEYHR WAY PWfR-09/11 S 336TH ST 8 WEYHR PWTR-09/11 S 348TH ST & PAC HW PWfR-09/11 S 316TH & 20TH AVE PWTR-09/11 SR 161 & 356TH NE C PWfR-09/11 STAR LK RD 8 MILITA PWfR-09/11 SW CAMPUS DR & 6TH PWTR-09t11 SW 308TH ST 8 4 AVE PWTR-09/11 SW 312TH ST & DASH PWfR-09/11 SW 324TH & 11TH PL PWTR-09/11 SW 340TH & HOYT RD PWTR-09/11 SW 340TH ST 8 35TH PWTR-09/11 21ST AVE SW & DASH PWTR-09/11 S 333ST & 1ST WAY- PWTR-09lT1 S 348TH HOV LANE- PD-FILTER WATER SERVICE DBC-WATER COOLER RENTAL FWCC-FILTER WATER SVC PD-WOOLCAPS FWCC-09/11 EXERCISE TRAINING S PKM-BOOT ALLOW. D PRESNELL- MC-INTERPRETER SVC CHB-09/11JANITORIAL AG07-194 - PKM-09/11 PD JANITORIAL AG07-1 PWST-STEAM PRESSURE WASHER- HR-ANIMAL SVC JOB AD - WEB PRCS-NEWSPAPER SUBCRIPTION DBC-RENTAL DEPOSIT REFUND IT-COPIER RPR, MNT, SUP PRCS-CLASS CANCELLED ASHS-MICROENTERPRISE FUND LEGA HRCK-ORDINANCE 11-698-699 LEGA HRCK-ORDINANCE 11-698-6991EGA Fi-Q3 2011 REMIT FIRE DEPT FEE CD-FILE FOLDERS Page 36 of 42 Amount Check Total 105.05 31.48 178.80 82.15 203.29 196.67 221.25 707.12 229.38 180.16 194.72 77.23 262.80 44.70 59.45 10.11 103.70 208.75 176.94 69.34 73.29 67.14 239.91 1,064.34 1,064.34 92.91 27.32 65.59 67.50 67.50 298.00 298.00 237.30 237.30 100.00 100.00 4,000.00 3,850.00 150.00 159.71 159.71 150.00 150.00 16.00 16.00 150.00 150.00 16.00 16.00 36.00 36.00 69.22 69.22 64.89 64.89 37.49 37.49 15,771.92 15,771.92 100.38 100.38 4,262.59 Bank of America Check No. Date Vendor 225682 10/14l2011 004701 SPRINT, �nv Date 9/27/2011 9/27/2011 9/27l2011 9/28/2011 9/23l2011 9/23/2011 9/23/2011 9/23/2011 sissr�oi � 9/26l2011 9/16/2011 9/2/2011 sr2a2o� � 9!8/2011 9/8l2011 9/21/2011 10/4l2011 10/5/2011 9/30/2011 9/30/2011 9l30/2011 10/3/2011 10/3/2011 10/3/2011 9/29/2011 28768 28769 28770 28767 28743 28744 28745 zs�as 28752 28756 28700 28620 28725 28642 28644 28727 28808 28817 28791 28791 28796 28801 Zsao2 28803 28788 Invoice Description PD-OIF, FREON PD-OLF PD-WIPER BIADES PD-OLF, SVC TRANSMISSION, WIPE PD-MOUNT/BALANCE TIRES PD-OLF, BRAKE PADS, ROTORS, WI PD-REPAIR FRONT TIRE PD-LIGHT BULB PD-MOUNTlBALANCE TIRE PD-OLF, BRAKE PADS, ROTORS PD-OLF, CHECK ENGINE LIGHT PD-OLF, BRAKE PADS, ROTORS PD-REPAIR REAR TIRE PD-OLF, SVC INSPECTION PD-OLF, SVC INSPECTION PD-OLF, SERVICE TRANSMISSION PD-OLF, BRAKE PADS, TRANS. FLU PD-OLF, BRAKE PADS, ROTORS, WI PD-OLF, BRAKE PADS, WIPERS PD-OLF, BRAKE PADS, WIPERS PD-CLEAN MAF SENSOR, INSPECT PD-OLF, WIPERS, SVC TRANSMISSI PD-OLF PD-OLF PD-WIPER BLADES 9/28/2011 40010231 &118 9l28l2011 40010231 &118 225683 10/1M2011 011454 STAPLES ADVANTAGE, 9/30/2011 110547075 9/30/2011 110547075 9/30/2011 110547075 9/30l2011 1'I 0547075 9/30/2011 110547075 9/30/2011 110547075 9/30/2011 110547075 9/30/2011 110547075 9/30/2011 110547075 9/30/2011 110547075 9/30/2011 110547075 9/30/2011 110547075 9/30/2011 110547075 9/30/2011 110547075 9/30/2011 110547075 9/30/2011 110547075 9/30/2011 110547075 9/30/2011 110547075 9/30/2011 110547075 9l30/2011 110547075 9l30/2011 110547075 9/30/2011 110547075 9/30/2011 110547075 9/30/2011 110547075 9/30/2011 170547075 9/30/2011 110547075 9/30/2011 110547075 9/30/2011 110547075 225684 10/14l2011 011134 STENDER ZUMWALT, PLLC, 9l30/2011 327 225685 10/14/2011 004356 SUMPTER, KYLE 10/1/2011 SUMPTER 2011 225686 10l14/2017 007710 SUPERIOR LINEN SERVICE, 10/3/2011 92643 9/26/2Q11 91137 IT-09/11 CELLULAR AIRTIME IT-09l11 CELLULAR AIRTIME SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPL6ES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFF�CE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFiCE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFF�CE SUPPLIES SEPTEMBER 2tl11 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES SEPTEMBER 2011 OFFICE SUPPLIES MO-09H 1 PUBLIC DEFENDER AG11- PD-CLOTHING ALLOW. SUMPTER DBC-LINEN SERVICE DBC-LINEN SERVICE Amount 134.79 34.98 21.90 223.63 14.24 729.58 21.90 23.45 14.24 707.44 140.11 346.61 14.24 34.99 38.43 302.95 274.85 363.28 401.40 56.94 98.55 169.67 34.99 34.99 24.44 2,446.14 2,649.98 277.02 308.52 63.13 58.77 185.52 63.14 31.10 158.93 351.81 56.79 82.49 80.57 107.42 131.33 404.11 65.59 223.59 154.18 889.49 539.60 59.64 199.78 35.70 20.62 34.64 128.10 48.01 203.44 Page 37 of 42 Check Total 5,096.12 4,993.03 30,300.00 30,300.00 270.47 270.47 37.87 18.36 19.51 Bank of America Check No. Date Vendor Inv Date Invoice 225687 10/14/2011 002521 SUPERLON PLASTICS INC, 8/31/2011 11 F2497 8/31/2011 1 t F2504 225688 10/14/2011 007990 SYMBOLARTS LLC, 9/21/2011 0154399-IN 225689 10/14/2011 009523 SYSTEMS FOR PUBLIC SAFETY, 9/16l2011 17305 9/21/2011 17212 9/21/2011 17320 9/30/2011 17391 9l22/2011 17312 225690 10/14/2011 013185 TACOMA DODGE CHRYSLER JEEP, 8/22/2011 6034501 /3 225691 10/14l2011 �00588 TACOMA PUBLIC UT{UTIES, 9/22/2011 100048250 9/22/2011 100048250 225692 10/14l2011 002176 TACOMA SCREW PRODUCTS INC, 9/22/2011 15108140 225693 10/14/2011 010525 TESTAMERICALABORATORIES, 9/26/2011 58066837 225694 10l14/2011 013000 THE CENTER FOR SELF LEADERSHIP, 8/30/2011 33770 225695 10/14/2011 006033 THE FAB SHOP LLC, 9/2M2011 16993 9/24/2011 16994 9/2M2011 16995 9/2M2011 16997 9/2M2011 17001 9/24l2011 17002 9/2M2011 17003 225696 10/14/2011 003088 THE PART WORKS INC, 9/22/2011 319371 9/12/2011 318473 225697 10l14/2011 004012 THOMPSON PUBLISH�NG GROUP INC, 10/12/2011 5638620 225698 10/14/2011 001424 THYSSENKRUPP ELEVATOR INC, 10N 0/2011 3535 225699 10/14/2011 007381 TOM MATSON DODGE, 8/3/2011 DOCS355979 225700 10/14/2011 003869 TOTAL RECIAIM INC, 9/2812011 78399 225701 10/14J2011 008902 TRf-CITY MEATS, si2a�ao» 2soaas 9l23/2011 250282 225702 10/14/2011 013170 TRINIDAD, ESTHER 9N9/.2011 112-00394 REFUND 225703 10/14l2011 005670 TWIN LAKES GOLF & COUNTRY CLUB, 10/7/2011 OCTOBER 2011 225704 10/14l2011 009557 ULINE, 10l4/2011 40292038 225705 10/14/2011 002426 UNITED GROCERS CASH & CARRY, 9/10/2011 103323 10/12/2011 106933 10/3/2011 109775 10/3/2011 109944 10/1/2011 109214 10/1/2011 109435 9l30/2011 108855 9/26/2011 107802 9/23/2011 107129 9/28/2011 108274 225706 10/14l2011 002349 UNITED LABORATORIES INC, Description SWM-REPAIR TO PIPE- SWM-CliANNEL DRAINS 8 GRATES- PD-HONOR GUARD BADGES STARTUP PD-OLF PD-REMOVE EMERGENCY EQUIP PO-REMOVE EMERGENCY EQUIPMENT PD-REPAIR SIREN CONTROLLER PD-REPLC POWER DOCK PD-POWER STEERING REPAIRS DBC/KFT-09/11 DASH PT. RD- DBC/KFT-09/11 DASH PT. RD- PKM-FLAT WASHERS- SWM-NORTH LAKE TESTING DBC-RENTAL DEPOSIT & OVERPAY PWFLT-INSTALL LIGHTBAR PWFLT-INSTALL SHELF INVERTOR PWFLT-REAR HINGE PIN REPAIR PWFLT-REPLC CAB GUARD STROBES PWFLT-REPAIR VIARING PWFLT-INSTA�L JUNCTION BOX 8 W PWFLT-REPAIR TRAILER RAMP CH&HINGE BOTTOM PARTITION- PKM-SOAP DISPENSER- LAW-FAIR LABOR STANDARDS HANDB CH&Q4 2011 ELEVATOR SERVICE- PD-COOLANT FAN SWR-ELECTRONICS RECYCLING SERV DBGMEAT FOR CATERiNG SVC DBC-CATERING SUPPLIES PD-112-00394 REFUND-PET IS ALT CD-TIG WSWGA CHAMPIONSHIP TOUR PD-EVIDENCE BAGS PRCS-K9 KARNIVAL SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBGCATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBGCATERING SUPPLIES DBC-CATERING SUPPLIES Page 38 of 42 Amount Check Total 2,086.48 1, 908.65 177.83 470.00 470.00 1,302.97 44.81 313.39 314.25 586.05 44.47 2,981.55 2,981.55 1,164.00 779.88 384.12 9.42 9.42 191.20 191.20 364.91 364.91 5,656.96 998.04 1,007.87 1,511.10 961.83 213.14 543.20 421.78 356.82 30.16 326.66 438.50 438.50 637.46 637.46 171.26 171.26 3,178.10 3,178.10 377.19 337.30 39.89 60.00 60.00 4,219.87 4,219.87 974.55 974.55 1,387.06 199.96 98.87 244.35 45.79 64.11 126.56 252.04 226.45 3.83 125.10 283.16 Bank of America Check No. Date Vendor Inv Date Invoice 9/30/2011 25594 225707 10/14/2011 003837 UNITED PARCEL SERVICE, 10/1 /2011 OOOOF6588V401 9/24/2011 0000 F 80 F4 8391 225708 10/14l2011 005019 UNITED RENTALS NORTHWEST INC, 9/28/2011 95735895-001 10l6l2011 95883083-001 9/8/2011 9536577&001 225709 10/14/2011 701816 UNIVERSITY PLACE PRESBYTERIAN, 9/26l2011 33968 225710 10/14/2011 003563 VALLEY COMMUNICATIONS CENTER, 9/29l2011 0012493 9/29/2011 q012508 225711 10/14/2011 011421 VARGAS, IRIS 1/27l2011 2010 VARGAS 225712 10/14/2011 000294 VILMA SIGNS, 9/21/2011 06072251 225713 10/14f2011 007607 WA CITIES INSURANCE AUTHORITY, 10/3/2011 OCTOBER 3, 2011 10/3/2011 OCTOBER 3, 2011 10/3l2011 OCTOBER 3, 2011 10/3/2011 OCTOBER 3, 2011 225714 10/14/2011 004258 WA STATE DEPT OF LICENSING, 9l29/3011 OCTOBER 14, 2011 225715 10/14/2011 003825 WA STATE DEPT OF TRANSPORTATN, 9/13/2011 RE-313-ATB10913084 225716 10/14/2011 000851 WA STATE PATROL, 9/15/2011 00045332 225717 10/14/2011 002649 WA STATE REVENUE DEPT:MISC TAX, 10/12/2011 3RD QTR 2011 10H2/2011 3RD QTR 2011 10/12/2011 3RD QTR 2011 10/12/2011 3RD QTR 2011 10/12/2011 3RD QTR 2011 10/12/2011 3RD QTR 2011 10/12/2011 3RD QTR 2011 10/12/2011 3RD QTR 2011 10/12/2011 3RD QTR 2011 225718 10/14/2011 000479 WA STATE UNIVERSITY, 9/13/2011 WSUPC5142011 225719 10/14/2011 000514 WA STATE-STATE REVENUES, 10/6/2011 SEPTEMBER 2011 10/6/2011 SEPTEMBER 2011 10/6/2011 SEPTEMBER 2011 10/6/2011 SEPTEMBER 2011 10/6/2011 SEPTEMBER 2011 10/6/2011 SEPTEMBER 2011 10/6/2011 SEPTEMBER 2011 10/6/2011 SEPTEMBER 2011 10/6l2011 SEPTEMBER 2011 10/6/2p11 SEPTEMBER 2071 10/6/2011 SEPTEMBER 2011 10/6/2011 SEPTEMBER 2011 10/6/2011 SEPTEMBER 2011 10/6/2�11 SEPTEMBER 2011 10/6/2011 SEPTEMBER 2011 225720 10/14/2011 012538 WA. DEPT OF CORRECTIONS, Sl31 /2011 0811.6-12-KC WC-HQ 225721 10/14/2011 005350 WASHINGTON ROCK �UARRIES iNC, 9/13/2011 19528 225722 10l14/2011 000783 WASTE MANAGEMENT, 10/1 /2011 1201765-T 055-6 Description PD-GRUNGE GRIPPERS PD-UPS DELIVERY SERVICE PD-UPS DELIVERY SVC SWM-ASPHALT BLADE PKM-REPLC BLADE FOR BOLLARD RE SWM-PUMP 8 HOSES RENTAL DBC-RENTAL DEPOSIT & OVERPAY R PD-09/11 EMER DISPATCH LANGUA PD-09/11 AG00-090 EMER DISPATC M0.2010 UTILITY TAX REBATE PWFLT-SIC,NS/VEHICLE DECALS LAW-RM PERALTA-REYES REIM DED LAW-RM JEDIDIAH WATERS REIM DE LAW-RM L. ADAMS REIM DED 9-20- LAW-RM DIXON REIM DED; 9-22-11 PD-REMIT CPL FEES PWST-INSPECTION SERVICES- IT/PD-09/11 WSP ACCESS FEES FI-Q3 2011 ESPRIT DE CUP FI-Q3 2011 HYLEBOS RENTAL FI-Q3 2011 HYLEBOS RENTAL FI-Q3 2011 CP CONCESSIONS FI-Q3 2011 FW FARMERS MARKET Ft-Q3 2011 FWCC SPLASH CAFE FI-Q3 201 T CLEAR WIRE FI-Q3 2011 STLK CONCESSIONS FI-Q3 2011 ESPRITE DE CUP PKM-DIAGNOSTIC DOUGLAS FIR SPE FI-09l11 STATE PORTION REMIT F FI-09/11 PSEA COURT FEES #2 FI-09/11 PSEA COURT FEES #3 FI-09/11 ACCESSCOMMACCT F1-09/11 MULTITRANSACCT Ft-09/11 PSEA JtS FEES FI-09/11 TRAUMA VICTIMS FEES FI-09/11 SCHOOL ZONE SAFETY FI-09/11 AUTO THEFT PREV. FI-09/11 BRAIN TRAUMA INJ FI-09/11 VEHICLE LICENSE FRAUD FI-09/11 SBCC SURCHARGE FEES FI-09/11 HIWAY SAFETY FI-09/11 DEATH INVESTIGATIONS FI-09/11 WSP HIWAY PD-OS/11 WORK CREW AG10-166 PKM-TRAIL MIX- SWR-09/11 L�TTER DISPOSAL SVCS Page 39 of 42 Amount Check Total 283.16 19.06 17.79 1.27 856.57 471.93 306.59 78.05 319.77 319.77 267,718.50 374.00 267,344.50 52.98 52.98 82.13 82.13 4, 382.28 38.50 165.00 2,286.80 1,900.88 n�.00 771.00 90.24 90.24 534.00 534.00 2,268.38 44.50 170.69 56.88 252.02 568.96 108.25 838.89 228.91 -0.72 25.00 25.00 109,558.38 48,737.23 24,854.96 496.08 49.98 50.02 18,956.57 4,625.76 698.66 8,808.08 1,424.50 247.03 184.50 81.70 51.51 291.80 3,285.00 3,285.00 2.108.06 2,108.06 450.97 450.97 Bank of America Check No. Date Vendor Inv Date Invoice 225723 10/14/2011 013185 WATSON, ALLIE 9/28/2011 991388 225724 10/14/2011 013195 WEEKLEY, DALTON 10/12/2011 WEEKLEY 2011 225725 10/14/2011 005565 WELCOME COMMUNICATIONS, 9/23/2011 7352 225726 10l14/2011 0035Q0 WESCOM COMMUNICATIONS, 9/26/2011 20760 9/26/2011 20761 10/5/2011 20771 225727 10/14/2011 001241 WEST COAST AWARDS, 9/2&2011 49799 225728 10/14/2011 000541 WESTERN EQUIPMENT DISTRIBUTORS, 9/22/2011 683856 225729 1Q/14/2011 013191 WESTOWER COMMUNICATIONS, 10/7/2011 02-81888 REFUND 10l7/2011 02-81888 REFUND 225730 10/14/2011 009514 WESTSIDE CONCRETE ACCESSORIES, . 9/21 /2011 0788061-I N 9/21/2011 0788092-IN 9/16/2011 078750&IN 22573t 10/14/2011 002(187 WHITMAN GLOBAL CARPET CARE, 9/26/2011 47781 225732 10l14/2�11 005680 WILD WEST INTERNATIONRL LLC, 8/31 /2011 6462 225733 10/14/2011 010720 WILDER, SAMANTHA 10/1/2011 WECFW35 10/1/2011 WECFW35 225734 10/14/2011 012305 XTREME SIGNS & GRAPHICS, 9/30/2011 11-1520 225735 10/14/2011 013177 ZINCHUCK, NADIA 9/28/2011 991395 9113793 10/5/2011 009467 US BANK, 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9l26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26l2011 SEPTEMBER 2011 9/26l2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9l26/2011 SEPTEMBER 2011 9/28/2011 SEPTEMBER 2011 9l26/20t1 SEPTEMBER 2011 9/26l2011 SEPTEMBER 2011 9l26/2011 SEPTEMBER 2011 9l26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26l2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9l26/2011 SEPTEMBER 2011 Description PRCS-CANCELLED PICNIC PRCS-WINTHROP/GRAND COULEE SR PD-CAR CHARGERS, TRAVEL CHARGE PD-CALIBRATE RADAR SYSTEM PD-CALIBRATE RADAR SYSTEM PD-RADAR CALIBRATION FWCC-STAFF 8 PROGRAM CLOTHING PWFLT-REPAIR YOLTAGE REGULATOR PW-02-81888 ROW REFUND PW-02-81888 ROW REFUND PWST-FINISHING TOOLS- SWM-CONCRETE TOOLS- PWST-FINISHING TOOLS^ CHB-QUARTLY CARPET CLEANING- PD-09/11 FIRING RANGE FEE SVCS SWR-09/11 RECYCLING PROGAGIO- SWR-09/11 RECYCLING PROG AG10- PD-WESTWAY SUBSTATION SIGN PRCS-CLASS CANCELLED PD-FEMA TRNG MURPHY PD-CALEA REGISTER JACKSON, WI PD-K9 FALL SMNR S. ORTA PD-COMPOSITE DRAWING TRNG PURC PD-CRIME SCENE INVEST TRNG VAN PD-HOMICIDE FORENSIC INVEST. T PD-HOMICIDE FORENSIC INVEST. T PD-BOMB CONFERENCE WEILS, WEDE PD-BOMB CONFERENCE WELLS, WEDE PD-DEATH INVESTIGATION EQUIPME PD-FINGER PRINT SUPPLIES PD-IABTI CONF. WEDEL PD-IABTI CONF. WEDEL PD-IABTI CONF. G WELLS PD-IABTI CONF. G WELLS P0.NACANET.ORG EMPLOY AD PD-BDU SUPPLIES PD-HOSTAGE NEGOTIATIONS TRNG V PD-RSO CONF. LEITGEB PD-CITIZEN'S ACADEMY MTG PD-NEGOTIATIONS SMNR A HWANG PD-HOMICIDE FORENSIC INVEST. T PD-911 MEDIA - PORAC EMPLOY AD PD-GRIEVANCES, ARBITRATION TRN PD-GRIEVANCES, ARBITRATION TRN PD-GRIEVANCES, ARBITRATION TRN PD-SWAT BLACK BAG PD-VOLUNTEER GIFT CARDS 9119197 10l3/2011 009507 US BANK, 9/26/2011 SEPTEMBER 2011 MC-09/11 LANGUAGE LINE USAGE Page 40 of 42 Amount Check Total 45.00 45.00 125.00 125.00 240.81 240.81 284.71 125.93 87.60 71.18 742.41 742.41 306.50 306.50 969.50 1,000.00 -30.50 490.86 52.06 84.17 374.63 1,489.00 1,489.00 92.91 92.91 4,808.36 3,627.74 1,180.82 57.93 57.93 36.00 36.00 8,113.15 25.00 920.00 150.00 695.00 66.79 54.88 54.88 582.86 120.57 704.39 54.50 400.00 50.00 400.00 50.00 30.00 33.92 686.15 24826 5.98 250.00 458.80 220.00 650.00 901.20 168.00 29.23 �oa.�a 21.75 4,871.57 Bank of America Check No. Date Vendor 9119491 10/5/2011 011218 US BANK, Inv Date 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9l26/2011 9/26/2011 9/26/2011 9/26/2011 9l26/2011 9/26/2011 9/26/2011 9/26/2011 9/26l2011 9/26/2011 9/26/2011 9l26/2011 9/26l2011 9/26/2011 9/26/2011 8/26/2011 9/26/2011 9/26l2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9l26/2011 9/26/2011 9/26l2011 9/26/2011 9/26/2071 9126/2011 9/26/2011 9/26/2011 9l26/2011 9/26/2011 9/26/2011 9/26/2011 9l26l2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 9/26/2011 Invoice SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 SEPTEMBER 2011 Description PRCS-TUESDAYS W/ DALTON FERRY PRCS-WHIDBEY ISLAND TRIP FERRY PRCS-COUGAR MT ZOO ADMISSION PRCS-ALPINE INN/CRYSTAL MT SR PRCS-ANACORTESFERRY PRCS-SKAGIT TOURS SR TRIP PRCS-SAN JUAN ISLANDS FERRY/PA PRCS-TRAIN MUSEUM TOUR SR TRIP PRCS-DAY CAMP TIFFANY'S SKATE PRCS-DAY CAMP STAFF MEETING PRCS-TEEN CAMP LUNCH PRCS-K9 KARNIVAL SUPPLIES PRCS-PRESCHL CAMP SUPPLIES PRCS-ARTS IN THE GARDEN SUPPLI PRCS-DAYCAMP ART/CRAFTS SUPPLI SWM-ECO STAKES SWM-FORESTER WEBINAR TRNG TANG PW-FILING SUPPLIES PW-FILING SUPPLIES PW-FILING SUPPLIES PW-FILING SUPPLIES PW-FILING SUPPLIES PW-FILING SUPPLIES LAW-ETHICS/SOCIAL MEDIA - PEAR CGCOUNCIL DINNER PRCS-DINNER & A MOVIE FWCC-LAMINATING PRCS-LAKE EASTON CAMP TRIP FWCC-SHELVES IN WEIGHT ROOM FWCC-STEAM CLEANER RENTAL FWCC-HORSESHOE SET PRCS-BOOK SHELF FWCC-WINDOW CLINGS, CHILDCARE PRCS-PRESCHL SUPPLIES FWCC-BIRTHDAY FAVORS FWCC-POOL GUTTER GRATE FWCC-LAMINATING FWCC-GROUP POWER LICENSE PRCS-LEWIS/CLARK LEARNING CNTR PRCS-BRUNCH & A MOVIE PRCS-SOFTBALL MEDAUAWARDS PRCS-TAC RAINIERS TICKETS PKM-DOGGIE LITTER BAGS MO-MAYOR'S DAY OF CONCERN FLYE MO-RETURN LEGAL BOOKS MO-NOTARY CLASS LINGQU�ST PWFLT-VEH�CLE GAS PKM-DISHWASHER PKM-ENG�NE REPAIR PKM-ALARM BATTERIES PKM-ALARM BATTERIES SWR-ORGANIC RECYCLING SVC SWR-RECYCLING EVENT BEVERAGES SWR-RECYCLING EVENT HAND WARME SWR-WA WRED BRIZENDINE, VAN OR HR-ALY LUNCH - CHAMBER REIMBUR HR-WELLENSS AWARDS HR-SPIRIT RUNNER UP & FISH AWA PKM-FAC MAINT INTERVIEW PANEL MO-AWC MAYORS EXCHANGE MO-ALL STAFF PICNIC MO-ALL STAFF PICNIC PWEOC-PREPAREDNESS EXPO WATER Amount 11.70 7.95 57.00 154.93 105.55 260.00 104.75 18.22 850.00 107.22 32.67 114.81 288.77 12.77 48.95 109.30 39.00 5.86 7.82 1.95 7.82 s.n 5.87 89.00 49.12 58.00 16.43 39.62 28.07 65.71 65.68 76.64 71.18 34.71 482.38 119.69 29.57 685.00 332.06 16.00 81.03 149.25 1,646.58 1,303.05 -341.00 725.00 53.88 231.05 164.25 21.88 22.98 22.10 26.58 43.36 130.00 239.85 50.00 45.00 30.75 45.00 480.33 15.92 10.99 Page 41 of 42 Check Total 9,143.67 Bank of America Check No. Date Vendor Inv Date Invoice 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26l2011 SEPTEMBER 2011 9/26l2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9l26/2011 SEPTEMBER 2011 9/26/2U11 SEPTEMBER 2011 9l26/2011 SEPTEMBER 2011 9/26l2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 9/26/2011 SEPTEMBER 2011 3613713310l13/2011 000061 WA STATE REVENUE DEPARTMENT, 10/13/2011 601-223-5385 10/T 3/2011 601-223-5385 10/ 13/2011 601-223-5385 10/ 13/2011 601-223-5385 10/ 13/2011 601-223-5385 10/ 13l2011 601-223-5385 10! 13/2011 601-223-5385 10/ 13/2011 601-223-5385 10/ 13/2011 601-223-5385 10/ 13/2011 601-223-5385 Description PD-SEARCH WARRANT OFFIGERS FOO DBC-CATERING SUPPLIES IT-LAPTOP NYLON CASE IT-WIFI EQUIPMENT FOR THE MALL IT-DVD COPY SOFTWARE IT-WINDOWS 7 START CARD IT/PD-PAPERLESS PROJECT VAG AU IT/PD-PAPERLESS PROJECT VAG AU IT-FM RECEIVER FOR CHAMBERS IT-RETURN STERO HEADSET 8 NECK IT-HARDWARE DRIVE FOR LT IT/PD-PAPERLESS PROJECT VAG AU CD-PASSPORT MAILINGS CD-ICC DUES C WILSON CD-APA CONF. M CLARK CD-WABO CONF L BAILEY CD-NAME BADGES CD-COPIES OF PLANS FI-09/11 REMIT USE TAX FI-09/11 REMIT SALES TAX FI-09l11 REMIT SALES TAX FI-09/11 REMIT SALES TAX-FWCC FI-09/11 REMIT SALES TAX DBC FI-09/11 REMIT SALES TAX FWCC FI-09l11 REMIT SVC TAX/PW STOR FI-09/11 REMIT SALES TAX DBC FI-09/11 REMIT SALES TAX DBC FI-09/11 REMIT EXC TAX (ROUNDI Page 42 of 42 Amount Check Total 33.44 36.42 37.23 835.81 57.60 234.50 544.42 1,298.67 331.98 154.88 51.45 273.75 172.32 SU.00 550.00 60.00 19.16 34.49 18,481.01 797.53 2.32 134.08 7,634.27 7,197.64 1,347.23 1,367.95 3,708.11 -3,708.11 -0.01 Total Checks Issued 670 Total ;2,977,886.26 COUNCIL MEETING DATE: November 1, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM # : � n 4i- SUB.TECT: Puget Sound Energy (Electric) Franchise Ordinance POLICY QUESTION Should the City grant Puget Sound Energy (Electric) a Franchise Ordinance to install, operate and maintain their electrical light and power system within the City of Federal Way? COMMITTEE Finance, Economic Development and Regional Affairs Committee CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: Marwatl MEETnvG DA'rE: October 25, 2011 � Ordinance ❑ ❑ ResoluNon ❑ P.E., Deputy Public Works Director Public Hearing Other DEr'r: Public Works Attachments: Memorandum to the Finance, Economic Development and Regional Affairs Committee dated October 25, 201 l. Options Considered: L Approve the Ordinance and forward to the November 1, 2011 City Council meeting for first reading. 2. Modify the Ordinance and forward to the November 1, 2011 City Council meeting for first reading. 3. Reject the Ordinance and provide direction to staff. MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the November 1 2011 City Council Ordinance A�enda for first readin�. � � __ MAYOR APPROVAL: DIRECTOR APPROVAL: Council COMMITTEE RECOMMENDATION: Committee recommends forwarding Option 1 to the November 1, 2011 City Council Ordinance Agenda for first reading. ` Jeanne Burbid�e, Member / /.�a�k Dovey�Member PROPOSED C�UNCIL MOTION: v 1 READING OF ORDINANCE (11/Ol/2011) "I move to forward the ordinance to a second reading for enactment on the November 1 S, 2011 City Council Consent agenda. " 2 °iD READING OF ORDINANCE (11/15/2011) "I move approval of the Puget Sound Energy (Electric) Franchise Ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) � COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # 5$ g ❑ 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: October 25, 2011 TO: Finance, Economic Development, and Regional Affairs Committee VIA: Skip Priest, Mayar � Marwan Salloum, P.E., Deputy Public Works Director�`�r • FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management ��'' ' SUBJECT: Puget Sound Energy (Electric) Franchise Ordinance BACKGROUND In 2008, the City's electrical franchise with Puget Sound Energy (PSE) expired. Since then, Staff and PSE have been actively negotiating a new franchise that has resulted in the attached proposed franchise ordinance. Under the proposed franchise the City will grant PSE non-exclusive use of City right-of-way for PSE's electrical transmission and distribution system for a period of ten years. In addition, PSE has agreed to pay the City five thousand dollars ($5,000) for administrative costs incurred in preparing and approving the franchise. PSE will maintain insurance of $5 Million combined single limit for commercial general liability and $5 Million for automobile insurance. The franchisee may self-insure against such risks in such amounts consistent with good utility practices. The proposed franchise requires PSE to post a performance bond for the sum of $50,000 which will remain in effect for the term of the Franchise. Additional bonding of up 120% of the cost of the work or improvements may be required as a condition of the right of way permit before commencing any construction work that exceeds $100,000 in value within the City to guarantee performance of construction, maintenance or repair in accordance with any permits required by this Franchise. K:�F'EDRAC�2011\10-25-11 Puget Sound Energy (electric) Franchise Ordinance memo.doc Revised: 8/1/2011 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING PUGET SOUND ENERGY, INC., A NONEXCLUSIVE FRANCHISE TQ OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICAL ENERGY FOR POWER, HEAT, AND LIGHT AND ANY OTHER PURPOSE FOR WHICH SUCH ENERGY CAN BE USED. WHEREAS, Puget Sound Energy, Inc., has requested a franchise from the Ci�y of Federal Way, in order to install, operate and maintain an electrical light and �ower system in rights-of-way; and WHEREAS, the City Council of Federal Way fmds that it is in the public interest to grant such a franchise, which will specify the rights and duties of Puget Sound Energy; Inc., thraugh a franchise; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of publi� streets, bridges or other pub�ic ways for, inter alia, poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances for tcansmission, distribution and sale of electrical energy for power, heat, light and any other purposes for which such energy can be used ; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; ORD # , PAGE 1 07772-0926/LEGAL 17833979.1 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. �efini�ions Where used in this Franchise the following terms shall be defined as follows: 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Washirigton, and its successors and assigns. 1.2 "City Code" means the Federal Way City Code as amended from time to time. 1.3 "Council" means the City of Federal Way Council acting in its official capacity. 1.4 "Director" means the Public Works Director, or designee, of the City of Federal Way Public Works Department. 1.5 "Facilities" means, collectively, any and all electric transmission and distribution systems, including but not limited to, poles, wires, lines, conduits, ducts, cables, braces, guys, anchors and vaults, transformers, switches, meter-reading devices, fixtures, and communication systems; and any and all other equipment, appliances, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing, whether the same be located over or ander ground. 1.6 "Franchise Area" means rights-of-way for public roads, street�, avenues, alleys, and highways of the City as now existing, or as hereafter laid out, platted, dedicated or improved within the present limits of the City depicted on Exhibit A and as sueh limits may be hereafter extended; all City owned utility easements dedicated for the placement and location of various utilities provided such easement would permit Franchisee to fully exercise the rights granted under this Franchise within the area covered by the easement. The Franchise Area does not, however, include (a) any ORD # , PAGE 2 07772-0926/I,EGAL 178339'79.1 other public properiy owned, in whole or in part, leased, or otherwise occupied by the City, or (b) Franchisee-owned or leased properties or easements of any kind. 1.7 "Franchisee" means Puget Sound Energy, Inc., and its permitted successors and assigns as provided in Section 32.3 herein. 1.8 "Guy Wire" means a tensioned cable designed to add stability to a utility pole subject to unbalanced forces. The cable could be anchored to the ground or aerially to another pole at a distance from the utility pole. 1:9 "Transmission Lines" means electrical transmission lines of a voltage of 115 KV or more including poles and wires. Section 2. Grant/AccentanEe 2.:1 Grant of Franchise. The City hereby grants to Franchisee, subj ect to the terms of this Franchise, the nonexclusive right to enter upon the Franchise Area for the limitec� purpose of sett�g, erecting, laying, constructing, extending, supporting, attaching, conneeting, excavating, installing, maintaining, restoring, repairing, replacing, enlarging, operating and using Facilities in, upon, over, under, along, across and through the Franchise Area. T'his Franchise is specifically lirnited to the exercise of the foregoing rights with respect to Facilities owned and operated by Franchisee. This Franchise does not permit Franchisee to lease, rent, or otherwise allow use of conduits, space or capacity provided by the Facilities within the Franchise Area to ather third-party telecommunications providers unless required by law, government regulation, ar approved by the City and/or Franchisee contractually requires that the third-party telecommunications provider have sufficient rights from the City, independent of Franchisee, to use and operate within the Franchise Area. ORD # , PAGE 3 07772-0926/LEGAL 17833979.1 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. Section 3. Non-Franchise Area Propertv 3.1 City Property. This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or leased property within the Franchise Area other than public roads, streets, avenues, alleys and highways. Notwithstanding the foregoing, existing Facilities installed or rnaintained by Franchisee on public grounds and places within the City in accordance with prior franchise agreements (but which such Facilities are not within the Franchise Area as defined in this Franchise) may continue to be rnaintained, repaired, and operated by Franchisee at the location such Facilities exist as of the effective date of this Franchise for the term of this Franchise; provided no such Facilit�es may be enlarged, improved, or expanded without the prior approval of the City. 3.2 Franchisee Propertv. 'Fhis Franchise shall not govern or apply to any Facilities located on Franchisee-owned or leased properties or easements (whether granted by a private or public entity and whether now existing or hereafter acquired) and such Facilities are not, and will not be deemed to be, located pursuant to rights derived from this Franchise or the City. Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the t�rm of this Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise, ORD # , PAGE 4 07772-0926/I.EGAL 17833979.1 unless terminated earlier pursuant to this Franchise or other applicable law. This Franchise may be renewed for one additional ten (10) year period upon written request of Franchisee, not more than two (2) years or less than one hundred eighty (180) days prior to the expiration of the initial term. Section 5. Location of Facilities 5.1 Location. Franchisee shall provide the City, upon the City's reasonable request, copies of available maps in use by Franchisee showing the location of its Facilities within the Franchise Area, provided the request is limited to Facilities at specific locations in the Franchise Area. In addition, the approximate location of new Facilities installed by Franchisee within the Franchise Area, including underground Facilities and appurtenances, their depths below surface of ground or grade of a right-of-way, and any related existing equipment to which the Facilities are connected shall be depicted on a map and submitted to the City within sixty (60) days of the installation of the Facilities. Upon written request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to such new Facilities. Any such map (or update thereo� so submitted shall be for informational purposes only, without warranty as to accuracy, and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. 5.2 GIS / Digital Data. At such time as Franchisee develops and deploys Geographic. Information System ("GIS") technology for its electrical utility maps and records throughout the Franchise Area and has such information available in digital GIS format for its Facilities within the Franchise Area, the City may request, by written notice to Franchisee, that the parties promptly instigate negotiations with the objective of amending this Section 5.2 to make provision for the distribution of such maps to the City in digital GIS format and for disclaimers the parties may ORD # , PAGE 5 07772-0926/LEGAL 17833979.1 include relative to such distribution if such disclaimers are agreed to by both parties. In the event the parties cannot, within a reasonable period of time after Franchisee's receipt of the City's request, reach an agreement as to the terms of such amendment, either party may, by written notice to the other party, demand that the foregoing issue be submitted to mediation under and pursuant to the Mediation Rules of the Judicial Arbitration and Mediation Service in Seattle, Washington. If the parties cannot resolve the issue through mediation, this Franchise may be terminated by either party providing sixty (60) days written notice to the other party. 5 3 Design Markin�s. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other City involved improvements within the Franchise Area, Franchisee shall at the City's reasonable request, provide the location of Franchisee's underground Facilities within the relevant portion of the Franchise Area by either field markings or by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance to the City in determining the location of such Facilities. Upon reasonable request by the City, Franchisee shall verify the location and depth of its underground Facilities within the relevant portion of the Franchise Area by excavating (e.g., pot holing) at no expense to the City. 5.4 No Warrantv or Waiver. Nothing herein is intended to relieve the parties of their respective obligations arising under Chapter 19.122 RCW or other applicable law with respect to determining the location of utility facilities prior to construction. Further, neither the provisions of this Franchise nor the absence of any specific provision in this Franchise is intended to limit, detract from or render ineffective any disclaimer (including, without limitation, any disclaimer as to accuracy or completeness) placed by Franchisee on any map furnished to the City pursuant to this Section 5. ORD # , PAGE 6 07772-0926/LEGAL 17833979.1 Section 6. Noninterference of Facilities Franchisee agrees to maintain its Facilities and perform any and all activities authorized by this Franchise: (a) so as not to unreasonably interfere with the free passage of traffic; and (b) in accordance with the laws of the State of Washington and City Code requirements, franchise provisions, regulations, resolutions and rules, as now existing or as hereafter amended; provided, however, in the event of any conflict or inconsistency between City Code requirements or such City regulations, resolutions and rules and the terms and conditions of this Franchise, the terms and conditions of this Franchise shall govern and control. This requirement applies whether or not the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Section 7. Reauirement to Obtain Permits 7.1 Permits and Permit Applications. Franchisee shall, at its expense, obta.in all permits, (including rights-of-way permits), and pay all permit fees required by applicable City ordinances, regulations, resolutions and rules prior to commencing any work within the Franchise Area except for emergency work under Section 7.2 and routine maintenance under Section 7.3. Franchisee permit applications shall, as required by generally applicable City Code requirements and regulations, show the position and location of the proposed Facilities to be constructed, laid, installed, or erected at that time, show their relative position to existing rights-of-way or property lines upon prints drawn to scale, designate rights-of-way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the ground to be occupied, or as required by the Director. As required by ORD # , PAGE 7 07772-0926/LEGAL 17833979.1 generally applicable City Code requirements and regulations, Franchisee shall specify the class and type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public traffic during construction. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the City Code and be reasonably satisfactory to the Director. All traffic control shall be in accordance with the right-of-way permit, and as required by the permit shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee shall indicate on any permit application the time needed to complete the work. The time needed to complete the work is subject to approval by the City as a condition of the issuance of the permit or approval. Franchisee shall restore the surface of the Franchise Area as nearly practicable, to its existing or better condition prior to the work. Such restoration responsibility shall continue for the length of the Franchise, but shall not apply to any subsequent repair or restoration made necessary by the acts or omissions of the City or any third party. 7.2 Emergenc�ption to Permit Requirement. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the property, life, health or safety of any individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any reyuired permit so long as Franchisee reasonably attempts to inform the City of nature and extent of the emergency, and the work to be performed, prior to commencing the work. This provision shall not relieve Franchisee from later obtaining any necessary permit for the emergency work. Franchisee shall apply for the required permit the next business day following the emergency work or, in the case of an extended state of emergency, as soon thereafter as practical. ORD # , PAGE 8 07772-0926/LEGAL 17833979.1 7.3 Maintenance. Franchisee shall have the right to conduct maintenance to repair, modify, supplement, replace or upgrade the Franchisee's Facilities within the Franchise Area, provided that the Franchisee shall obtain any permits or authorizations required by all applicable federal, state, and local laws, rules and regulations prior to the performance of any said routine maintenance. Notwithstanding any requirements contained herein, routine maintenance that does not interfere with pedestrian or vehicular traffic (such as inspection, switching, or opening vaults and enclosures) does nat require a permit. 7.4 Notice of Entrv. At least forty-eight (48) hours prior to entering the Franchise Area adjacent to private property to perform excavation or removal of Facilities that is likely to have a material adverse impact on the adjacent private property, except those emergency activities exempted from permitxequirements, a written notice describing the nature and location of the work to be performed shall be physically posted upon the affected private property by Franehisee. A pre- printed door hanger may be used for this purpose. Section 8. Standard of Perfarmance The Franehisee shall not excavate a trench and leave the jobsite at the end of the workday without complying with the following: Trench areas within a driving lane in the Franchise Area must be plated or patched, either temporarily or permanently, before the end of the work day in which they have been opened. Trench areas within the Franchise Area, but not with in a driving lane, must also be patched within the time limits specified by the City on the right-of-way use permit. Final surface restoration shall be completed, weather permitting, within tl�ie time limits specified by the City in the right-of-way use permit. Any asphalt overlay completed within the Franchise Area during the five (5) year-period immediately prior to the date of permit application (or ORD # , PAGE 9 07772-0926/LEGAL 17833979.1 such longer time as permitted by generally applicable City Code requirements or regulations) shall not be open cut by Franchisee unless required by an emergency and subject to the provisions of Section 7.2 above. If and as required by generally applicable City Code requirements and regulations, Franchisee shall install new asphalt overlay on any street that is open cut, whether in an emergency or otherwise, for a minimum of one (1) block (approximately 500 feet) in length in both directions from the open cut, unless determined otherwise by the Director in accordance with the City Code or Department of Public Works internal policies. Franchisee shall not open cut any street without an approved permit except as described in Section 7.2. Permit conditions will be reasonable based on facts and circumstances and a one block in length overlay in both directions froin an open cut will not apply in all circumstances. The City may elect, by written request to Franchisee, to have Franchisee install conduit in Franchisee's trenches for the City's use and ownership; provided such work for the City does not unreasonably delay the work of Franchisee, the work is arranged and accomplished upon terms and conditions reasonably acceptable to the City and Franchisee, and the City agrees to reimburse Franchisee for the incremental cost of install'mg such conduit. Within sixty (60) days of completion of any installation of Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the Director plans showing the "as-built" location of the Facilities. �ranchisee shall, in carrying out any authorized activities within the Franchise Area, comply with all applicable laws, codes and standards, as now existing or hereafter adopted or amended, and i� compliance with the terms of this Franchise, whether or not the work is per€ormed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction; provided, however, in the event of any conflict or inconsistency of such City laws, codes and standards with the terms and conditions of this Franchise, the terms and conditions of this Franchise ORD # , PAGE 10 07772-0926/L,EGAL 178339'79.1 shall govern and control. Section 9. Survev Markers and Monuments Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with replacing such lost, destroyed or disturbed monuments or markers. Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall, using a licensed surveyor, reference all monuments and markers relating to subdivisions, plats, highways, and other surveys if they are likely to be disturbed. The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this Franchise. The method of referencing these monuments or other points shall be approved by the City before placement. A complete set of reference notes for monuments and other ties shall be filed with the City. Section 10, Surface Markin�s/Stakes Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall locate its underground Facilities within �he Franchise Area in the vicinity of such excavation work by placing temporary identification surface markings on the pavement or hard ground, made with spray paint, spray caulk or temporary wood stakes of the specific color to identify the type of underground utility Facility, which are color coded and marked to.indicate the type of underground Facility, all pursuant to the American Public Works Association Uniform Color Code 1Vlarking Standards as now existing or as thereafter adopted or amended, and to Chapter 19.122 RCW. In the event of any conflict or inconsistency between this Section 10 and Chapter 19.122 RCW, as now existing or hereafter amended, Chapter 19.122 will control. ORD # , PAGE 11 07772-0926/LEGAL 1'7833979.1 Section 11. Right of Citv to Undertake Maintenance Work The laying, construction, maintenance, and operation of Franchisee's Facilities within the Franchise Area as granted under this Franchise shall not preclude the City, its accredited agents or its contractors from doing necessary maintenance work contiguous to the Facilities, provided that the Franchisee shall have sufficient notice of blasting or excavating in order that Franchisee may protect its Facilities or property. Section 12. Ri�ht of Citv to Complete Work In the event Franchisee, in performing work within the Franchise Area, fails to comply with any of its obligations under the terms of this Franchise, and such nancompliance continues for a period of ten (10) days after Franchisee receives written notice from the City regarding the noncompliance (or such longer period of time as rnay be reasonably necessary to achieve compliance so long as Franchisee commences promptly and diligently to effect such compliance�, the City may, but in no event is the City obligated to, order such work completed. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shal�, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys fees. However, the City shall not have any electrical work accomplished by any person or entity other than Franchisee unless it is performed by a qualified and licensed electrical contractor reasonably aeceptable to Franchisee and in compliance with all applicable federal, state and local laws and regulations and all applicable rules, standards, specifications and requirements of Franchisee then in effect. ORD # , PAGE 12 07772-0926/LEGAL 17833979.1 Section 13. Relocation of Facilities 13.1 Cit�s Duties. In the event the City undertakes any Public Improvement Project (as defined in Section 13.6 below) within the Franchise Area, and such Public Improvement Project requires the relocation of Franchisee's then existing Facilities within the Franchise Area (for purposes other than those described in Section 13.4 below), the City shall: (a) Provide written notice to Franchisee requesting such relocation within a reasonable time (which in no event will be less than one hundred twenty (120) days) prior to the commencement of such Public Improvement Project; and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications so that Franchisee may relocate its Facilities to accommod�te such Public Improvement Project. 13.2 Franchisee's Duties. After receipt of the City notice under Section 13.1(a) requiring relocation of the Facilities and receipt of the plans and specifications pursuant to Section 13.1(b), Franchisee shall relocate such Facilities �vithin the Franchise Area at no charge to the City so as to accommodate the mutually agreed upon schedule for the Public Improvement Project. When relocating Facilities located within any portion of the Franchise Area in which all other Facilities of Franchisee are located underground, no Guy Wires that cross aerially over any public road, street, avenue, alley or highway within the Franchise Area from one side to the other side are permitted for Transmission Lines, unless Franchisee reasonably determines (e.g., based on safety considerations) th�t under the circumstances the use of such Guy Wires cannot reasonably be avoided, and any additional cost incurred by Franchisee to accommodate such restriction shall be at Franchisee's expense. Except as provided otherwise herein, Franchisee shall complete relocation of its Facilities ORD # , PAGE 13 07772-0926/LEGAL 178339791 within the Franchise Area at its sole cost and expense. 13.3 Alternative Proposals. The Franchisee may, after receipt of written notice requesting a relocation of its Facilities under this Section 13, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise the Franchisee in writing if one or more of the alternatives are suitable to accommodate the work that would otherwise necessitate the relocation of the Franchisee's Facilities. If so requested by the City, the Franchisee shall submit additional information to assist the City in making such an evaluation. The City shall give each alternative proposed by the Franchisee full and fair consideration. In the event the City determines in its sole discretion that there is no other reasonable alternative, the Franchisee shall relocate its Facilities as provided in this Section 13. 'The Parties agree to exercise good faith, reasonable and timely decision-making especially when issues arise in the field pertaining to relocation. 13.4 Third Party Relocations. Whenever (a) any public or private development within the Franchise Area, other than a Public Improvement Project, requires the relocation of Franchisee's Facilities within the Franchise Area to accommodate such development; or (b) the City requires the relocation of Franchisee's Facilities within the Franchise Area for the benefit bf any person or entity other than the City, then in such event, Franchisee shall have the right as a condition of such relocation, to require such developer, person or entity to make payment to Franchisee, at a time and upon terms acceptable to Franchisee, for any and all costs and expenses incurred by Franchisee in the relocation of Franchisee's Facilities. 13.5 Cit,�posed Conditions. Any condition or requirement imposed by the City upon any person or entity, other than Franchisee, that requires the relocation of Franchisee's Facilities shall be a required relocation for purposes of Section 13.4 above (including, without limitation, any ORD # , PAGE 14 07772-0926/LEGAL 17833979.1 condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits for zoning, land use, construction or development); provided, however, (a) in the event the City reasonably determines (and promptly notifies Franchisee in writing of such determination) that the primary purpose of imposing such condition or requirement upon such person or entity is to cause the construction of a water, sewer or storm drainage line or other public street improvement (including without limitation the construction or installation of any traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks or other pedestrian amenities) on the City's behalf, and (b) such public street improvement is otherwise reflected in the City's then- current six-year Transportation Improvement plan, then only those costs and expenses incurred by Franchisee in integrating and connecting such relocated Facilities with Franchisee's other Facilities shall be paid to Franehisee by such other person or entity, and Franchisee shall otherwise relocate its Facilities within such segment of the Franchise Area in accordance with the provisions of Section 13.2. 13.6 Definition. As used in this Franchise, the term "Public Improvement Project" means any capital improvement or repair within the Franchise Area (including, without limitation, the construction, installation and/or maintenance of any electrical, water, sewer or storm drainage line, traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks or other pedestrian amenity) that is undertaken by or on behalf of the City and is funded by the City (either directly with its own funds or with other monies obtained by the City). 13.7 Reservation of Rights. Nothing in this Section 13 shall require Franchisee to bear any cost or expense in connection with the loeation or relocation of any Facilities located on Franchisee-owned or leased properties or easements or other rights not derived from this Franchise, ORD # , PAGE 15 07772-0926/LEGAL 17833979.1 regardless of whether the same is on public or private property and regardless of whether this Franchise co-exists with such easement. Section 14. Undergrounding of Facilities 14.1 Under�rounding of Lines. Franchisee acknowledges the City's desire to encourage the undergrounding of overhead electrical Facilities within the Franchise Area. The City acknowledges that Franchisee utilizes such overhead Facilities to provide electrical service on non- preferential basis subject to and in accordance with tariffs on file with the Washington U�ilities and Transportation Commission. Subject to and in accordance with such tariffs, Franchisee will cooperate with the City in the formulation of policy and regulations. 14.2 Bv City Request. The City may, by written notice to Fra,rYChisee, request Franchisee to convert its existing aboveground Facilities within the Franchise Area (of 15,000 volts or less) to underground Facilities in connection with any improvement within the Franchise Area undertaken by the City including, but not limited to, any Public Improvement Project which otherwise requires the relocation of such Facilities in accordance with Section 13 herein. In such event, such undergrounding shall be arranged, provided and accomplished in accordance with applicable provisions of the City Code, and all applicable schedules and tariffs on file with the �Vashington Utilities and Transportation Commission or its successor; provided that ifany tertn or condition of such City Code and any term or condition of such schedules and tariffs are in conflict, the term or condition of the schedules and tariffs shall govern and control: 14.3 At Franchisee's Election. If during the terrn of this Franchise, Franchisee undertakes a major replacement of any of Franchisee's existing aboveground Facilities within the Franchise Area (of 15,000 volts or less) or installs a major addition ofnew Facilities within the Franchise Area ORD # , PAGE 16 07772-0926/L.EGAL 17833979.1 (of 15.000 volts or less), such major replacement or addition shall be underground to the extent required by City Code. Such undergrounding shall be done subject to and in accordance with all applicable schedules and tariffs on file with the Washington Utilities and Transportation Commission or its successors. 14.4 Exclusivity. This Section 14 shall govern all matters related to undergrounding of Franchisee's Facilities (i.e., conversions or otherwise) in connection with this Franch�se. Section 15. Citv Use of Facilities 15.1 City-Owned Communications E�uipment. During the term of this Franchise, the City may, subject to Franchisee's prior written consent, which shall not be unreasonably withheld, install and maintain City-owned communications equipment, wires and/or fiber on poles that are owned by Franchisee (in whole or in part), that are located in the Franchise Area. The City's use of such equipment, wires or fibers shall be for the City's own non-commercial municipal communications purposes and such use will be administered under a Joint Facilities Use Agreement between Franchisee :and the City. 15.2 City-Owned Si�ns. During the term of this Franchise, the City may, subject to Franchisee's prior written consent, which shall not be unreasonably withheld, and subject to such reasonable rules and regulations as may be prescribed by Franchisee from time to time, and subject to the limitations prescribed by RCW 70.54.090 or any other applicable law, post and maintain City signs on Franchisee's poles which are Facilities within the Franchise Area. 15.3 Installation and Maintenance of City-Owned Equipment. • Installation and maintenance shall be done by the City at its sole risk and expense, in accordance with all applicable laws, and subject to such reasonable requirements as Franchisee may specify from time to time ORD # , PAGE 17 07772-0926/LEGAL 17833979.1 including, without limitation, requirements accommodating Franchisee's Facilities or the facilities of other parties having the right to use Franchisee's Facilities. 15.4 Indemnification. Franchisee shall have no obligation arising under the indemnity and insurance provisions of this Franchise as to any circumstances directly or indirectly caused by or related to such City-owned communications equipment, wires, fiber and or signs or the installation or maintenance thereof. 15.5 No Rental Char e t� O Citv. Franchisee shall not charge the City a rental fee for the City's use of the poles provided, however, that nothing herein shall require Franchisee to bear any cost or expense in connection with any such installation and/or maintenance by the City. Franchisee may charge the City an administrative fee for the purposes of reviewing such joint facility installations. Section 16. Damage Repair In case of damage to the Franchise Area, or to public and private improvements within or adjacent to the Franchise Area, that is caused (but only to the extent it is caused) by the negligence or willful misconduct of Franchisee or its agents or employees in the exercise of Franchisee's rights under this Franchise, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage, immediately notify the City. The City will inspect the damage, and the parties will mutually agree upon a time limit for completion of the repair. If the City discovers any such damage caused, the City shall give the Franchisee notice of the damage and the parties will mutually agree upon a time limit in which the Franchisee must repair the damage. ORD # , PAGE 18 07772-0926/LEGAL 17833979.1 Section 17. General Maintenance of Facilities 17.1 General Maintenance Franchisee will maintain its Facilities located within the Franchise Area in good operating condition and repair in a manner consistent with applicable law and prudent utility practice, and will comply with the following procedures: (a) Franchisee will provide the City, on an annual basis upon the City's written request, a proposed schedule of its routine Facilities replacement or repair activities within the Franchise Area. (b) Franchisee will meet, at least annually upon the City's written request, with a City representative to discuss the City's concerns regarding the timing, scope, nature or method of such repair or replacement activities within the Franchise Area. Section 18. EmerEencv Ouerations and Decommissioned Facilities 18.1 Emergenc,� perations. Prior to the beginning of each winter storm season, Franchisee will, at the request of the City, attend an annual coordination meeting with the City to discuss Franchisee's Emergency Response Plan. At the request of the City, a copy of thqse portions of Franchisee's Emergency Response Plan that Franehisee makes generally publicly available will be provided to the City at the coordination meeting, along with appropriate telephone numbers and pager numbers used during each emergency. 18.2 Annual Meetin�. Annually, upon the request of the City, Franchisee will meet with the City Emergency Preparedness department to coordinate emergency management operations and, at least once a year, at the request of the City, Franchisee personnel will actively participate with the EOC in emergency preparedness drills or planning sessions. ORD # , PAGE 19 07772-0926/LEGAL 17833979.1 18.3 Decommissioned Facilities. Franchisee will notify the City if Franchisee elects to permanently decommission any of its Facilities within the Franchise Area. The City will have the sole right, in its discretion, to require Franchisee to remove such decommissioned Facilities from arterial and collector rights-of-way within the Franchise Area. If so required by the City, Franchisee shall remove its permanently decommissioned Facilities from major arterial rights-of-way within the Franchise Area within one hundred twenty (120) days following the later of the date the City notifies Franchisee in writing that such removal is required or the date the Facilities are permanently decommissioned by Franchisee, or such other period as may be mutually agreed by Franchisee and the City. Franchisee shall not be required to remove its permanently decommissioned Facilities from other rights-of-way within the Franchise Area (e.g., residential rights-of-way), but Franchisee otherwise agrees to remove any of its permanently decommissioned Facilities within the Franchise Area at the request of the City as necessary to accommodate public impro�ement projects or reasonably accommodate other franchised utilities within the Franchise Area. Upon request for a utility locate, Franchisee will provide underground locates for all facilities, including any decommissioned facilities in the City right-of-way. Section 19. Vesetation Mana�ement 19.1 General. WAC 296-44-3 1 7 1 9 states that "[t]rees which may interfere with ungrounded supply conductors should be trimmed or removed." Franchisee shall coordinate its routine vegetation management activities with the City and will trim vegeta.tion in the vicinity of its Facilities within the Franchise Area in compliance with all City ordinances, regulations, resolutions and rules. Trimming and removal of vegetation within and/or adjacent to the Franchise area will be performed using standard practices accepted by the International Society of Arboriculture addressing ORD # , PAGE 20 07772-0926/LEGAL 17833979.1 vegetation health and aesthetics. However, such obligation to coordinate and comply shall not limit Franchisee's right under this Franchise to cut, trim or otherwise remove vegetation at any time within the Franchise Area which, due to proximity to Franchisee's Facilities, poses an imminent threat to property, public safety or continuity of electrical service. 19.2 Vegetation Mana eg ment. Franchisee will undertake its vegetation management activities within the Franchise Area in a manner consistent with the procedures set forth in this Section and in compliance with all reasonable conditions issued by the City in conjunction with its right-of- way permit. 19.3 Routine.. Vegetation Mana�ement Acti�ities. Franchisee will conduct its routine vegetation management activities within the Franchise Area in accordance with the following procedures: (a) Franchisee will provide the City, on an annual basis, a proposed schedule of its routine vegetation management activities within the Franchise Area. (b) Franchisee will meet, at least sixty (60) days prior to commencing any routine vegetation management activities within the Franchise Area, with a representative of the City to discuss the City's concerns regarding the timing, scope, nature or method of such routine vegetation management activities. (c) Prior to undertaking its scheduled routine vegetation management activities within the Franchise Area, Franchisee will consider any concerns raised by the City and will incorporate the City's reasonable suggestions as to the timing, scope, nature or method of such scheduled routine vegetation management activities. Both parties recognize that difFerences of ORD # , PAGE 21 07772-0926/LEGAL 17833979.1 opinion will occur, and if such differences occur, the parties will negotiate in good faith to try to resolve such differences. 19.4 Ve etation Removal Plantin� and Pruning Activities. Franchisee will conduct vegetation removal, planting and pruning projects within the Franchise Area in accordance with the foll�wing procedures: (a) Porty-five (45) days prior to commencing any vegetatian removal, planting or pruning project within the Franchise Area, Franchisee will notify the City of the project. Such notification will include but not be limited to the following documentation: (i) geographic and electrical system maps of the project; (ii) Vegetation Management Standards; (iii) a copy of any communication between Franchisee and Franchisee's customers wi�h respectto the project and a list of such customers; (iv) a brief vegetation management history and the demographics for the project; and (v) the proposed description of the planned vegetation management activities for the project. In addition, for the following specific types ofprojects, the notification will also include the foliowirrg documentation: (vi} for tree removal projects, the notification will identify the tree(s) to be removed and the size, location and reason for removal of the tree(s); (vii) for plantin� projects, the notification will describe the size, quantity and spacing and the scientific and common names of the new plants; and (viii) for pruning proj ects, the notification will include a pruning plan that identifies the specific �reas to be pruned. (b) Prior to commencing any vegetation removal, planting or pruning proj ect, the City will conduct a project review meeting with Franchisee to discuss the scope of such project, the timing of such project, the landscape plans for such project, and any memoranda regarding such project. At these meetings, Franchisee and the City will review and address tree removal and tree ORD # , PAGE 22 0�772-0926/L,EGAL 17833979.1 replacement projects on a case-by-case basis. The City will agree to any tree replacement project that would provide a significant enhancement to the utility corridors within the Franchise Area. Both parties recognize that differences of opinion will occur, and if such difFerences occur, the parties will negotiate in good faith to try to resolve such differences. (c) Prior to the proj ect review meetings, Franchisee will mark in the field all trees tha� are candidates for removal. (d) Franchisee will perform all pruning projects within the Franchise Area under the direction of an arborist certified by the International Society of Arboriculture. Such arbor�st will be mutually agreed upon and jointly retained by Franchisee and the City. Franchisee will pay for up to eight (8) hours of arborist review per pruning project. 19:5 Maintenance Assurance. Following completion of any planting project described in paragraph (c) above, Franchisee will provide the following maintenance assurance for such planting proj ect: (a) Franchisee and the City will enter into a maintenanee assurance agreement following completion of the planting projeet. Under the maintenance assurance agreement, Franchisee will agree to ensure proper installation, establishment and maintenance of the plantit�g project for a one-yeax period beginning with completion of the project. (b) Franchisee will replace any unhealthy or dead plant materials in accordance with the project plan reviewed by the City for such project. Franchisee will remove the dead plant materials from the project area within a reasonable time after receiving notice frorn the City or otherwise dis�overing the need €or removal. Franchisee may replace the dead material duri�g the next dormancy period (e.g., during the fall and winter months). ORD # , PAGE 23 07772-0926/LEGAL 17833979.1 Section 20. Default 20.1 Notice of Default. In addition to other remedies expressly set forth in this Franchise, if Franchisee shall fail to comply with any of the provisions of this Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have sixty (60) days from the receipt of such notice in which to comply. 20.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after the expiration of the sixty (60) day period, the City may, by ordinance, declare this Franchise imrnediately revoked; provided, however, if any failure to comply with this Franchise by Franchisee cannot reasonably be corrected with due diligence within such sixty (60) day period (Franchisee''s obligation to comply and to proceed with due diligence being subject to unavoidable delays and events beyond its control), then the time within which Franchisee may so comply shall be extended, upon �otice to the Director, for such time as may be reasonably necessary and so long as Franchisee commences promptly and diligently to effect such compliance. Section 21. Limited Rishts This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. Section 22. Performance Bond (a) Within sixty (60) days of the Effective Date of this F'ranchise, Franchisee will provide a performance bond to the City, in the total sum of $50,000.00 which will remain in effect for the term of this Franchise in a form acceptable to the City. The performanCe bond is to ensure the faithful performance of Franchisee's obligations under the Franchise including the payment by ORD # , PAGE 24 07772-0926/LEGAL 1783 3979.1 the Franchisee of any penalties, claims, liens, fees, or assessments due the City which arise by reason of the transmission, distribution and sale of Electrical Energy within the Franchise Area, except as otherwise provided herein. In the event Franchisee undertakes construction, the cost of which exceeds $100,000, the City shall have the option of requesting the Franchisee provide and maintain, at its sole cost and expense, an additional performance bond. The amount of the bond shall not exceed one-hundred twenty percent (120%) of the cost of the work or improvements covered by the bond based on estimated costs immediately following the expiration of the bond. Franchisee will pay all premiums or other costs associated with mainta.ining the bond. The City may reduce the amount of the performance bond consistent with Franchisee's performance of its responsibilities under this Franchise and applicable law. (b) The performance bond will be from a major financial institution or surety. The performance bond will not require the consent of the Franchisee prior to the collection by the City of any amounts covered by the :performance bond. The City will provide to Franchisee reasonable written notice and opportunity to cure any alleged non-compliance of any provision of the Franchise or any penalties, claims, liens, fees or assessments due the City. (c) If the Franchise is terminated, or upon expiration or transfer of the Franchise, the City will return the original band or sign the necessary documentation to release the bond promptly if Grantee does not have any unexpired obligations with respect to right of way work and does not owe funds to the City or is not in default of a material provision of the Franchise. Section 23. Nonexclusive Franchise This Franchise is not an exclusive franchise. Without limiting Franchisee's rights under this Franchise, this Franchise shall not in any manner prohibit the City from granting other and further ORD # , PAGE 25 07772-0926/LEGAL 17833979.1 franchises in, under, over, upon, and along the Franchise Area that do not interfere with Franchisee's rights under this Franchise. This Franchise shall not prohibit or prevent the City from using the Franchise Area for any reason not inconsistent with this Franchise or affect the jurisdiction of the City over the Franchise Area or any part thereof. Section 24. Eminent Domain The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisees Facilities within the Franchise Area. In deterrnining the value of such Facilities, no value shall be attributed to the right to occupy the Franchise Area conferred by this Franchise. Section 25. Vacation If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall notify Franchisee in writing not less than 30 days before vacating all or any portion ofthe Franchise Area. The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such vacated area. Section 26. Comqliance with Laws Franchisee shall comply with all applicable federal, state and City laws, franchises, resolutions, regulations, standards, policies and procedures, as now existing or hereafter amended or adopted; provided, however, that if any terrn or condition of this Franchise and any term or condition of any City law, code, franchise, resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition of this Franchise will control. ORD # , PAGE 26 07772-0926/LEGAL 17833979.1 Section 27. Charge for Administrative Costs As and to the extent provided in RCW 35.21.860, Franchisee agrees to pay a fee of $5,000 for the actual reasonable administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. Subject to RCW 35.21.860 and other applicable laws, nothing herein shall preclude the City from charging administrative fees or recovering any administrative costs incurred by the City in the approval of permits or in the supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the City Code. Section 28. UTC Tariff This Franchise is subject to the provisions of any applicable tariffnow or hereafter on file with the Washington Utilities and Transportation Commission or its successor ("WUTC"). In the event of any conflict or inconsistency between the provisions of this Franchise and such tariff, the provisions of such tariff shall control. Franchisee shall, when making application for any changes in tariffs affecting the provisions of the Francnise, notify the City in writing of the application and provide City with a copy of the submitted application within five (5) days of filing with the WLTTC. Franchisee shall further provide the City with a copy of any actual approved tariff(s) affecting the provisions of this Franchise. Section 29. Indemnification Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials, officers, employees, agents, and volunteers (collectively, the "Indemnitees") from any and all claims, demands, losses, actions or liabilities (including costs and all attorney fees), to or by any and all person or entities, arising from, resulting from or connected with this Franchise to the extent caused ORD # , PAGE 27 07772-0926/LEGAL 17833979.1 in part or in whole by the negligent acts, errors or omissions of the Franchisee, its officers, partners, shareholders, agents, or employees, or by the Franchisee's breach of this Franchise; provided, however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend any Indemnitee against claims or damages arising from the negligence or willful misconduct of the City, its agents or employees or any other Indemnitee. In the event any claim, demand, suit or action is commenced against the City that gives rise to Franchisee's obligation pursuant to this Section 29, the City shall promptly notify Franchisee thereof. The City shall have the right at all times to participate, at its own expense, through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the City as required by this Section 29 to the maximum extent permitted thereunder to the f�ll extent of the Franchisee's negligence. Section 30. Insurance 30.1 Minimum Limits. Subject to Section 30.4, Franchisee agrees to carry as a xninimum, the following insurance using a combination of self insurance and carrier insurance, in such forms and with such carriers as are reasonably satisfactory to the City. (a) Workers compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability, contractual coverage, operations, explosion, collapse, underground and property damage; and ORD # , PAGE 28 07772-0926/LEGAL 17833979.1 (c) Automobile liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death and property damage. 30.2 Mandatory Insurance Provisions. The commercial general liability insurance and automobile liability insurance policies shall be endorsed to contain the following provisions: (a) The City, its officers, elected officials, employees, and volunteers are to, be named as additional insured; (b) Coverage shall apply separately to each insured against whom claim is made or suit is brought, except v�ith re�pect to the limits of the insurer's liability; (c) Coverage shall not be suspended, canceled, modified or reduced except after thirty (30) days prior written notice to the City delivered by certified mail, return receipt requested; and (d) Coverage shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance. 30.3 Verification of Covera�e. Franchisee shall furnish the City with cert'ificates of insurance and original endorsements evidencing the coverages required by this Section. The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. 30.4 Se1f-Insurance. In lieu of the insurance requirements set forth in t�is Section, Franchisee may self-insure against such risks in such amounts as are consistent with good utility ORD # , PAGE 29 07772-0926/LEGAL 17833979.1 practices. Upon the City's request, Franchisee shall provide the City with reasonable written evidence that Franchisee is maintaining such self-insurance. Section 31. Disnute Resolution 31.1 In the event of a dispute between City and Franchisee arising by reason of this Franchise, or any obligation hereunder, the dispute shall first be referred to the operational officers or representatives designated by City and Franchisee to have oversight over the administration of this Franchise. Said officers or representatives shall meet within thirty (30) calendar days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to attempt to achieve a resolution of the dispute. 31.2 In the event that the parties are unable to resolve the c�ispute under the procedures set forth in Section 31.1, then the parties hereby agree that the matter shall be referred to mediation. The parties shall mutually agree upon a mediator to assist them in resolving their differences. Each party shall bear its own expenses related to the mediation and the parties shall share the cost of the mediator equally. 31.3 If either party is dissatisfied with the outcome of the mediation, that party may then pursue any available judicial remedies, provided, that if the party seeking judicial redress does not substantially prevail in the judicial action, it shall pay the other party's reasonable legal fees and costs ineurred in the judicial action. Section 32. General Provisions 32.1 Entire Agreement. This Franchise contains all of the agreements of the parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. ORD # , PAGE 30 07772-0926/LEGAL 178339�9.1 32.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the parties, which agreement specifically states that it is an amendment to this Franchise and is approved in accordance with applicable laws. 32.3 Assi ng ment. Franchisee shall not have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed. Any assignee shall, within thirty (30) days of the date of any approved assignment, file written notice of the assignment with the City together with its written acceptance of all terms and conditions of this Franchise. Notwithstanding the foregoing, Franchisee shall have the right, without such notice or such written contest, to mortgage its rights, benefits and privileges in and under this Franchise to the Trustee for its bondholders. 32.4 Attorne,�. In the event the City or the Franchisee defaults on the performance of any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part thereof or for the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington. 32.5 No Waiver. Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time. Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. ORD # , PAGE 31 07772-0926/I.EGAL 17833979.1 32.6 Governin�. This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 32.7 Authori . Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 32.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: Franchisee: City: Puget Sound Energy, Inc. City of Federal Way Attn: Community Services Attn: City Attorney EST-11W 33325 8�' Avenue South P.O. Box 97034 Federal Way, WA 98063 Bellevue, WA 98009-9734 Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 32.9 Captions. The respective captions of the sections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 32.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to each party at law, in equity or by statute. ORD # , PAGE 32 07772-0926/LEGAL 17833979.1 Section 33. Severabilitv If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise. Section 34. Effective Date This ordinance shall take effect and be in force thirty (30) days 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 SKIP PRIEST, MAYOR ATTEST: CAROL MCNEILLY, CMC, CITY CLERK, APPROVED AS TO FORM: PATRICIA A. RICHARDSON, CITY ATTORNEY, ORD # , PAGE 33 07772-0926/LEGAL 17833979.1 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted License and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this day of , 2011 PUGET SOUND ENERGY, INC. : Its: K:\Ordinances\PSE Franchise April 2009.doc ORD # , PAGE 34 07772-0926/LEGAL 17833979.1 COUNCIL MEETING DA�E: �'-`°'-°°'o�'nti ITEM #:_��_ _....._.. _.____ _ _. _.__ . __._._ _ _. N0�1P.x'r1�'_L�_2�?�� --- _._ ____ _ _._- -------...---- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FINAL APPROVAL SHORELINE MASTER PROGRAM (SMP) POLICY QUESTION Shou(d the City Council Adopt the Shoreline Master Program with changes required by the Department of Ecology? COMMTI'TEE LUTC CATEGORY: ❑ Consent ❑ City Council Business ',/1 � � Ordinance Resolution ❑ Other DEPT CED MEET[NG DATE: October 3, 2011 ❑ Public Hearing STAFF REPORT BY: Senior Planner, Janet Shull Attachments: Staff Report; Department of Eco(ogy Conditional Approva( Letter with Attachments; and Draft Ordinance. Options Considered: 1. Agree to the Department of Ecology proposed changes to the SMP that was approved by Resolution 10-597; or 2. Direct staff to submit an alternative proposal to the Department of Ecology for their review and further action. MAYOR'S RECOMMENDATION The Mayor recommends that the City Council agree to the Department of Ecology proposed changes to the Shoreline Master Program approved by Resolution 10-597. MAYOR APPROVAL: DIRECTOR APPROVAL: Counci COMMITTEE RECOMMENDAT[ON 1 move to forward the proposed ordinance to First Reading on October 18, 2011. . �� � Chair PROPOSED COUNCIL MOTION(S): Member Member 1 READING OF ORDINANCE (OCTOBER 18, 2011): " I move to forward approval of the ordinance to the November 1, 2011 Council Meeting for adoption. " 2 ND ItEADING OF ORDINANCE (NOVEMBER 1 , 2011): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BYCITYCLERKS OFFICE) COUiYCIL ACfION: ❑ APPROVED COUNCIL B[LL # � �� ❑ DEN[ED l ��' ($'20�� ❑ TABLED/DEFERREDMO ACTION Enactment reading � MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/l?J2010 RESOLUTION # ` C1TY OF � Federa! Way CITY COUNCIL COMMITTEE STAFF REPORT DATE: To: VIA: FROM: SUBJECT: September 27, 2011 Linda Kochmar, Chair Members of the Land Use/Transportation Committee (LUTC) Skip Priest, Mayor Patrick Doherty, CED Direct � Isaac Conlen, Planning Mana e Janet Shull, AICP, Senior Planne Finat Adoption of Federal Way Shoreline Master Program Update incorporating Department of Ecology required changes. MEETING DATE: October 3, 2011 A. POLICY QUESTION Should the City Council pass an Ordinance approving the City of Federal Way Shoreline Master Program (SMP) with changes required by the Department of Ecology and authorize submittal of a letter to the Department of Ecology (DOE) agreeing to the proposed changes as required under the Shoreline Management Act (SMA)? B. INTRODUCTION This staffreport contains background information on the SMP update process, (Section C), and an overview of steps remaining to implement updates to the City of Federal Way SMP. In October of 2010, the City Council passed Resolution 10-597 approving revisions to the Shoreline Master Program and authorizing staffto forward the SMP to the DOE for review and approval. The DOE reviews all (oca(iy-adopted SMP documents and must approve them prior to local government implementation. Attachment B of the DOE letter dated August 30, 2011 identifies the Department of Ecology's required changes to the 2010 Shoreline Master Program Update. These changes affect the Shoreline Regulations, Section 5 of the SMP. Section D of this staff report summarizes the DOE required changes. C. BACKGROUND The City of Federal Way is required to update its Shoreline Master Program under Substitute Senate Bill (SSB) 6012, passed by the 2003 Washington State Legislature, to be consistent with Shoreline Management Act (SMA) guidelines established by the Washington State Department of Ecology (DOE). The City of Federal Way obtained a grant from the DOE and hired ESA Adolfson for technical assistance with the update. City staff and ESA Adolfson prepared draft elements of the SMP and obtained input from a Citizen's Advisory Committee (CAC) and a Technicai Advisory City Council Committee Staff RepoR ' Meeting Date: October 3, 2011 Final Approval of Shoreline Master Program Page 1 Committee (TAC). A public open house was held on June 7, 2006, and was advertised with direct mailings to all shoreline property owners as well as public notices on the City's website. In addition to the input of the CAC and the TAC membership and public input at the open house, Washington Department of Fish and Wildlife, Washington Department of Natura( Resources, King County, neighboring cities, and the Tribes were notified of the SMP update. Three meetings were held with the Planning Commission (February 14, March 28, and Apri14, 2007) and public comment taken. The City Council Land Use Transportation Committee (LUTC) held a meeting on the SMP Update on May 2 i, 2007, followed by City Council approval of the Draft SMP Update by resolution on June 5, 2007. Fotlowing Council approval, the draft SIV�P Update documents were sent to the Department of Ecology for review and comment. On January 28, 2009, the City of Federal Way received formal comments from the Department of Ecotogy. During 2009/2010, staff and ESA Adolfson prepared draft revisions including several iterations of consultation and review by DOE staff. On August 4, 2010, an informational meeting was conducted for the public. On August 25, 2010, the Pianning Commission held a public hearing on the proposed revisions and passed a motion recommending the City Council approve the proposed revisions as presented. On September 20 and October 4, 2010 the City Council Land Use and Transportation Committee (LUTC) considered the proposed revisions to the SMP and recommended approval with some minor modifications to Section 5, Shoreline Regulations. The City Council considered the LUTC recommendation and passed Resolution 10-597 on October 19, 2010. Staff transmitted the SMP to the DOE in December of 2010 for their review and approval action. The DOE conducted a public review process and considered input received during that process. On August 30, 201 l, the DOE issued its Conditional Approva( letter to the City of Federal Way. This letter contains a short list of required changes to the SMP. If the city agrees to these required changes, and notifies the DOE in writing of acceptance of these required changes, then the DOE will issue final approval of the Federal Way SMP and it will then be in effect 14 days from this fina( decision. D. SUMMARY OF DOE REQUIRED CHANGES In most cases, the DOE issues "Conditional Approval" (etters to local jurisdictions, so Federal Way's receipt of a conditional approval is not unique. Staff worked collaboratively with DOE staff to resolve most of their concerns. As a result, that we are fortunate to have received a very short list of 2 required changes for a SMP document consisting of hundreds of pages. Department of Ecotogy review and approval of the Council-approved SMP is contingent upon the city accepting required changes identified in their letter dated August 30, 2011. The required changes pertain to Section 5: Shoreline Regulations. There are no changes required for the other 7 sections of the SMP. The required changes are summarized as foliows: CHANGE #1: Wetland buffers within Shoreline Environment This required change wiil add the requirement for a Shoreiine Variance in cases where proposed modifications to wetland buffer widths reduce the buffer width by more than 25%: City Council Committee Staff Report Meeting Date: October 3, 2011 Final Approval of Shoreline Master Program Page 2 CHANGE #2: Increase amount of native vegetation conservation in shoreline setback area in Shoreline Residential and Urban Conservancy Environments This required change affects native vegetation retention in the Shoreline Residential and Urban Conservancy Environments as follows: Shoreline Residential Environment: • Increase the minimum amount of native vegetation conservation from 50% to 70% within shoreline setback areas; and • Increase the minimum amount of native tree retention from 60% to 70% within shoreline setback areas. Urban Conservancy Environment: • Increase minimum amount of native vegetation from 70% to 85% within shoreline setback areas; and • Increase the minimum amount of native tree retention from 70% to 80% within shoreline setback areas. Sta� has reviewed the DOE required changes and feels that both of the required changes will provide an additional level of protection for sensitive shoreline environments without adding significant added restriction on the use of shoreline properties. E. NEXT STEPS — OPTIONS FOR CONSIDERATION Pursuant to RCW 90.58.090(2xe) the City has two options in response to the DOE Conditional Approval Letter. The City may: 1. Agree to the proposed changes, or 2. Submit an alternative Proposal for DOE review and consideration. F. RECOMMENDED ACTION Staff recommends the final approval of the SMP as passed by Resolution 10-597 with modifications required by the Department of Ecology to Section 5- Shoreline Regulations; as depicted in Attachment B to the draft Ordinance, be recommended for approval to the City Council. STAFF RECOMMENDATION Staff recommends approval of the SMP as passed 6y Resolution 10-597 with changes as required by the Department of Ecology as outlined in their August 30, 2011 Conditional Approval Letter; and authorization of submittal of a letter of agreement to the required changes tQ the Department of Ecology. K:�.Shoreline Master Program�Z011Final Adoption�L,LJTC Report.DOC City Council Committee Staff Report Meeting Date: October 3, 201 l Final Approval of Shoreline Master Program Page 3 ��ti ST4pE � c a � v a ¢ J, �2 � .: ' ,.,e= '� 7569 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Boz 47600 • Olympia, WA 98504-7600 • 360-407-6000 7l1 for Washington Re/ay Service • Persons with a speech disabi/ity can ca// 877-833-6341 August 30, 201 I RFCEiVED BY COMMUNi'fY DEVELOPMENT DEPARTMENT SEP 0 2 2011 The Honorable Skip Priest, Mayor City of Federal Way 33325 Eighth Avenue South Federal Way, WA 98003 Re: City of Federal Way Comprehensive Shoreline Master Program Update Conditionai Approval, Resolution Number 10-597 Dear Mayor Priest: I would like to take this opportunity to commend the city of Federal Way (City) for its efforts in developing the proposed comprehensive Shoreline Master Program (SMP) Update. It is obvious that a significant effort was invested in this update by your staff and engaged community. As we have already discussed with your staff, the Washington State Department of Ecology (Ecology) has identified specific changes necessary to make the proposal approvable. These changes aze detailed in Attachment B. Ecology's findings and conclusions related to the City's proposed SMP update are contained in Attachment A. Pursuant to RCW 90.58.090(2)(e), at this point the City may: • Agree to the proposed changes, or • Submit an alternative proposal. Ecology will then review the alternative(s) submitted for consistency with the purpose and intent of the changes originally submitted by Ecology and with the SMA_ Final Ecology approval will occur when the City and Ecology agree on language that meets statutory and Guidelines requi.rements. . �:�� LR«1 The Honorable Skip Priest August 30, 2011 Page 2 Please provide your written response within 30 days to the Director's Office at the following address: WA State Department of Ecology Attention: Director's Office PO Box 47600 Olympia, WA 98504-6700 Ecology appreciates the dedicated work that you, the City Council, Community Development Services staff (Isaac ConIen and Janet Shull), the Planning Commission and the Shoreline Advisory Committee have put into the Shoreline Master Program Update. Thank you again for your efforts. We look forward to concluding the SMP update process in the near future. If you have any questions or would like to discuss the changes identified by Ecology, please contact our Regional Planner, David Pater, at David.Pater e` cy.wa.gov/ (425) 649-7145. Sincerely, �� s � ��� Ted Sturdevant Director Enclosures By certified mail [7003 1010 0005 0569 1123] cc: Isaac Conlen, Federal Way Community Development Services Patrick Doherty, Director, Federal Way Community & Economic Development David Pater, Department of Ecology Janet Shull, Federal Way Community Development Services Peter Skowlund, Department of Ecology Geoff Tallent, Department of Ecology ATTACI-�VVIEEIVT A: FINDINGS AND CONCLUSIONS FOR PROPOSED AMENDMENTS TO THE CITY OF FEDERAL WAY SHORELINE MASTER PROGRAM SMP Submittal Accepted: January 18, 201 l, Resolution No. 10-597 Prepared by David Pater, on August 5, 2011 Brief Description of Proposed Amendments: The City of Federal Way is proposing a comprehensive update of its entire shoreline master program (SMP). The S1VIP update replaces the Ciry's 1998 shoreline master program. Federal Way's shoreline consist of 4.84 miles of marine shoreline, Approximately 3.3 Miies of freshwater shoreline including: the northwest shore of Lake Killarney, 46 acre Steele Lake and 55 acre North Lake, both aze located entirely within the city limits. Current land use on the City's shoreline is dominated by residential development with a few park azeas. Extensive marine bluffs and a few associated wetlands mairily with the lakes chazacterize the shoreline. SMP Goals, policies and shoreline environments will become an element of the comprehensive plan. The SMP regulations will become a separate section in the City development code. The critical area regulations are incorporated directly in the SMP as another code section. FINDINGS OF FACT Need for Amendment: The proposed amendment is needed to update the shoreline master program (SMP) environment designations, policies and regulations. Federal Way's current SMP is from 1998. This SMP update is needed to address the need for updated shoreline policies and regulations which reflect the current ievel of environmental protection and Iand use management provided by city comprehensive plan elements, and other applicable city code. It also needs to meet the State Shoreline Master Program Guidelines (WAC 17-26) and comply with the statutory deadline for comprehensive update of the SMP (RCW 90.58.080). Amendment History, Review Process: The proposed SMP update originated from a State Shoreline Master Program Update Grant that began in November 2005. The Shoreline Citizen Advisory Committee assisted with developing the SMP from July 2006 to December 2006. The record shows that four SMP public meetings open to the public were held on June 7, 2006, March 28, 2007, May 21, 2007 and August 4, 2010. Five Planning Commission meetings were held from February 14, 2007 to August 25, 2010. Three Ciry Council Land Use Committee meetings May 21, 2007, September 8, 2010 and October 4, 2010 and two City Council meetings June 5, 2007 and October 19, 2010. Two SMP public hearings before the City Planning Commission on Apri14, 2007, August 25, 2010. Affidavits of publication provided by the City indicate notices of the hearings were published. With passage of Ordinance No. 10-597, on October 19, 2010, the Federal Way City Council adopted the 2010 SMP Update and authorized staff to forward the proposed SMP update to Ecology for approval. The proposed SMP amendments were received by Ecology for state review on December 20, 2010, and verified as complete on January 18, 201 l. Notice of the State comment period was distributed to state task force members and interested parties identified by the City of Federal Way on March 8, 2010, in compliance with the requirements of WAC 173-26-120, and as follows: The state comment period began on March 11, 2010 and continued through April 12, 2010. Ecology staff deternuned a public hearing was not necessary. Notification of the State comment period was provided in the March 9, 2010 edition of the Federal Way Mirror newspaper, Federal Way's official newspaper of record. A total number of one organization (Futurewise) and no individual citizens submitted comments on the proposed amendments_ Ecology sent all written comments it received to the City on Apri127, 2010. On 3une 13, 2010 Federal Way submitted to Ecology its responses to issues raised during the state comment period. A few required changes resulted from comments received during Ecology's public comment period. These changes are outlined in attachment B. Consistency with Chapter 90.58 RCW: The proposed comprehensive amendment has been reviewed for consistency with the policy of RCW 90.58.020 and the approval criteria of RCW 90.58.090(3), (4) and (5). The City has also provided evidence (see above) of its compliance with SMA procedural requirements for amending an SMP contained in RCW 90.58.090. Consistency with "applicabte guidelines" (Chapter 173-26 WAC, Part IIn: The proposed amendment has been reviewed for compliance with the requirements of the applicable Shoreline Master Program guidelines (WAC 173-26-171 through 251 and -020 definitions). This included review of a SMP Submittal Checklist, which was completed by the City of Federal Way. Cousistency with SEPA Requirements: The City submitted evidence of SEPA compliance in the form of a SEPA checklist and issued a Determination of Non- Significance for the proposed SMP amendment on Mazch 31, 2007; notice of the SEPA determination was published in the Federal Way Minor on Mazch 31, 2007. Ecology did not comment on the DNS. Other Studies or Analyses supporting the SMP update: Ecology reviewed the following reports, studies, map portfolios and data prepared for the City in support of the comprehensive SMP amendment: These supporting documents include: • a March 2006 public participation plan, • a June 2007 shoreline inventory and characterization, • a May 2010 cumulative impacts analysis, • a June 2007 shoreline use analysis, and • an April 2010 shoreline restoration plan 2 Summary of Issues Raised During The Public Review Process: The City's SMP amendment drafting/public review process brought out a few issues that required further discussion and analysis. Marine Bluff Shoreline Setbacks; The fmal draft SMP provided to the Federal Way City Council contained no shoreline residential setback from tog of marine bluffs. The City Council decided to not include a defined setback but have site specific engineering studies determine that setback. After consultation with City planning staff and additional anatysis of City geological hazazd maps; it was concluded that Geo-hazards mapping places at least 95% of all marine shoreline bluffs outside of shoreline jurisdiction. The CAO Geological Hazardous Areas Development Regulations (15.10.160 (2) (limitations) requires a minimum 25 foot setback from a defined geo-hazard azea provides some additiona.l protection for the marine bluffs. This setback coupled with site specific engineering analysis requirements provides a base level of protection for the raze residential lot that is both in shoreline jurisdiction and in a defined geological hazazd azea. Lake Shoreline String line Setbacks: This issue was debated at both the City Planning Commission and City Council mainly due to a homeowner proposal. Proposed SMP regulation 1 S.OS.080 Shoreline residential environment. (S) Shoreline Uses (c) Setbacks (a)1, f single family residential development is proposed on a lot where properties on at least one side of the lot are developed in single family residences located less than SO feet from the ordinary high water marl� then the proposed residential development may be located the same distance from the ordinary high water mark as the adjacent residences (using the string line setback method as defined in FWRC 15.05.030), but shall in no case be closer than 30 feet from the ordinary high water mark The home owner proposal would have allowed the string line setback to be used to require new houses to be setback greater than 50 feet to maximum 100 feet if an existing structure on either side of a vacant parcel was setback greater than 50 feet. This proposal was rejected by the City Council and the above regulation is proposed. Piers and Dock Standards. The City Council approved a major upgrade to both marine and freshwater pier and docks standards. Adopting an SMP with many key dimensional and light transmission elements of the US Army Corps Regional Generai Permit standazds for marine and freshwater piers, docks and walkways _Over time this will help to reduce overwater coverage impacts on the City's lake and Puget Sound shorelines. 3 Relevant Citizen Comments from Ecolog,y public comment period: Dean Paterson, Futurewise Comment # 1 Changes are Needed to the Environment Maps to Protect Remaining Intact Areas Futurewise reviewed the shoreline environments map and compared it to the development patterns observed using Google Earth. Discrepancies were found between the proposed environment designations and the shoreline environment designation criteria. There aze several areas that appear to be completely undeveloped and intact and should be Natural, and several azeas that are developed but have intact vegetation and should be Urban Conservancy. Some of the Futurewise recommended changes are within the city limits, with others in the City's potential annexation area. Many designation changes focus on converting Conservancy shoreline segments to Natural. All the proposed Natural shoreline environment areas are located in public pazks. Intact areas designated Conservancy are mainly zoned for medium to low density residential development. City staff balanced characterization information, current land uses and zoning to come up with the proposed shoreline designations. Staff was also concerned about creating significant areas of nonconforming structures. City Response: The Shoreline Environment designations were established early on in the SMP development process (2006/2007) and subject to extensive public comment and Department of Ecology review. There were no required changes to our shoreline environment designations in the f'ormal comments provided by the Deparhnent of Ecology in early 2009: We can appreciate the time and effort Futuewise put into reviewing aerial photography and developing suggested changes. However, city sta}�and consultants also considered existing land use, existing zoning designations and adjacent [and uses. We also refrained from creating "spot zones " based on individual parcel characteristics, and from creating areas of nonconforming development. Ecology response: Ecology discussed with City staff, Futurewise's concerns with some of the shoreline designations especially concerning the lake shorelines. Marine Shorelines: Many of Futurewise's proposed changes focused on converting Urban Conservancy shoreline to Natural. Whiie parts of this shoreline are undeveloped it also is platted for medium and low density singie family residential development. Application of the natural environment to these azeas would create permitting challenges for the city, and city staff felt the natural environment would be too restrictive. Also given that the vast majority of the shoreline in these areas is high bluff; most of the shoreline jurisdiction falls within the defined CAO geological hazard areas, which significantly restricts any development. 4 Lake Shorelines: Ecology/Federal Way discussions particulazly focused on associated wetlands for Steele and North Lakes. Some of these areas are designated Urban Conservancy, while others are designated Residential shoreline. Federal Way staff felt the shoreline environ.ment changes would have little environmental benefit, simply because the city critical areas regulations do not allow development within designated wetland areas. The differences in allowable uses, minimum setbacks, vegetation retention, etc between Shoreline Residential and Urban Conservancy environment simply don't apply in the case of designated wetland areas. The shoreline jurisdiction for these associated lake wetlands also ends at the wetland edge. The buffers aze under the jurisdiction of the city-wide critical a.reas regulations. Upon further City staff review of the azeas affected by designation changes: staff also pointed out that the changes would result in a number of parcels having split shoreline environment designations which could add to further confusion for the affected property owners. Possibly resulting in additional time and effort for city and Ecology staff, to explain the net effect and reasons for these changes, at the end of the SMP adoption process. Further Ecology review of this issue concluded that that while ecological information for these wetlands warrants more protective designations, the adjacent existing residential development clearly calIs for a residential shoreline environment. A parallel designation may have been appropriate. But given City concems about split designations on a single pazcel, and the fact that applying a more protective designation doesn't translate into more environmental protection; Ecology staff agrees with the City that a designation change at this late stage in the SMP process is not warranted. Comment #2: Proposed Setbacks are Inadequate to Protect Remainin�, Ecolo�cal Functions 2B: Urban Conservancy The proposed setback for Urban Conservancy is 50 feet for residential development (the most common development), and 30% of this area can be cleared and developed with yard features. This is the equivalent of a 35 foot setback. The proposed segments of Urban Conservancy usually have approximately 100 feet of intact vegetation. The areas we recommend for Urban Conservancy have similar vegetation characteristics or have rural chazacter with lazge setbacks and partial vegetation. Under the proposed setbacks, these azeas with 100 feet of intact vegetation would lose 65% of their area even though they can accommodate a I00 foot setback that more closely matches the scientific literature. Furthermore, no set percent should be allowed to degrade the buffer other than what is needed for water dependent facilities and access to the water. See attachment B for required change to 1 S. OS. 080 (3) (e) If Urban Conservancy environment setback is not changed, the loss of functioning area outside the 50 foot setback needs to be accounted for in the Cumulative Impacts Analysis and mitigated in the Restoration Plan, which will be very difficult or impossible to do . F� 2C: Shoreline Residential The segments that aze designated Shoreline Residential have a 50 foot setback, and 50% of this area can be cleared and developed with yard features. The 50 foot setback appears to be a good average for these highly developed areas, and is thus an appropriate setback. However, the allowance to cleaz and develop 50% of the setback area results in the equivalent of a 25 foot setback, which is inappropriate. Development in the setback area should be limited to water dependant facilities and access to the water. If Shoreline Residential environment setback is not changed, the impacts of the allowed 50% development area in the setback needs to be accounted for and mitigated in the Cumulative Impacts Analysis and mitigated in the Restoration Plan. See attachment B for required change to 1 S. OS. 090 (3) (e) City Response to 2B &2C: City considered existing development patterns and zoning and feels that the proposed setbacks are appropriate for an urbanized area with predominately single family residential development. Ecolog response: In further review of the vegetation conservation standards ( 15.Q5.080 (3) & 15.05.090 (3) and the cumulative impacts analysis Ecology determined that the vegetation clearance allowance will make it difficult for the City to achieve no net loss of ecological functions on these shorelines in both the residential and urban conservancy environments. The Ecology approved City of Des Moines SMP has the following vegetation conservation clearance allowances; "No more than IS% of the area with native vegetation shadl be cleared within the vegetation conservation area ". This applies to all their residential shorelines. Required SMP changes aze proposed for the residential and urban conservancy environments for allowed vegetation cleazance and tree retention. Comment 4: Additional Concems Regarding Critical Area Protections 4C Under Section 15.10.250, wetlands under 2500 sq. ft. are not regulated or protected. Such exclusions must be eliminated from the SMI' standards to ensure no net loss of shoreline resources as the SMP Guidelines require. In addition, wetlands are only rated into 3 categories using a non-scientific methodology that ttses the primary criterion of size. We recommend using the Dept. of Ecology four category wetland rating system.� This system has the advantage of incorporating the current science on wetlands, which the SMA requires, and most wetland consultants and scientists aze familiaz with the system, potentially reducing costs for applicants and the city. 4D: The wetland buffer widths in Section 15.10.250 do not match the current scientific literature standards for protecting ecological functions. The proposed SMP wetland buffers are: 200 feet for Category 1; I00 feet for Category 2; and 50 feet for Category 3. The Ecoiogy recommendations based on science are to use 4 categories, with buffers of 300 feet for Category I wetlands, 30d feet for Categ�ory II wetlands, 150 feet for Category III wetlands, and 50 feet for Category IV wetlands. Thus the proposed wetland setbacks � are substantially lower than those recommended by science. We recommend adoption of one of the wetland buffer alternatives recommended by the Department of Ecology 4E: Sections 15.10.260 (modifications of wetlands), 15.10.270(2) (wetland buffer averaging), 15.10.270(4) (minor improvements in buffers), 15.10.270(5) (wetlands buffer reductions), and 15.10.270(6) (wetIands buffer modification) all allow intrusions into the buffer. Like stream buffers, as discussed above, these sections include criteria that do not use the concept of mitigation sequencing. Instead they allow intrusions for any purpose, as long as impacts are mitigated. A criterion is needed in all of these sections that states: "Alternatives that avoid and minimize the need for a wetland or buffer location are not feasible. " Using the word "feasible" (which is defined) ensures some actual need will be demonstrated before approval. City Response: Critical areas protection was discussed at length with Department of Ecology sta, ff. The critical areas regulations that were incorporated into the SMP provide the same protection as the critical areas regulations that apply throughout the city. At such time as the city updates its critical areas regulations ( will occur as part of 2014 comprehensive plan update) it will consider the BMPs that are established at that time and update the SMP to make sure appropri'ate BMP's are also establishedfor the Shoreline Environment Ecolo��esponse: City Staff explained to Ecology that shoreline wetland buffers are mainly in a degraded condition and that additional protection such as larger buffers would not result in measurable protection improvements. Staff also indicated that the amount of wetlands within shoceline jurisdiction was not significant to justify major changes to wetland buffer standards within the SMP. Additional Ecology analysis and City infortnation on the wetlands associated with City iake shorelines indicate that while the wetlands are considered high quaIity (category one), they tend to be associated wetlands, where shoreline jurisdiction only extends to the edge of each wetland. The wetland buffers in these cases would fa11 under Federal Way's non-SMP CAO. So any changes to SMP CAO wetland buffer standards would not apply to the buffers for these category one wetlands. The SMP cumulative impacts analysis did not provide an in depth analysis of this issue, perhaps because of the above status of these wetland buffers. Given the above information Ecology recommends the following required change in response to Futurewise comment 4E: Article II. 15.05.040 General Development Standards Add the following as item (ii) to 15.05.040 (4)(a) CriticaI Areas: When 15.1 Q.270 (Structures, i�rovements and clearing and grading within re�ulated wetland buffers) subsections �) Wetland Buffer Reduction and (6) Modi�cation are utilized for a project proposal a shoreline variance permit is required if the overall proposed buffer width reduction exceeds 25 percent. This change is recommended to insure consistency with other SMP/CAO buffer reductions that have been negotiated and approved within other iocal SMP's. The 25 �l percent reduction threshold reflects the critical azeas best available science that indicates a significant loss in buffer ecological function for reductions that exceed 25 percent. Comment #6: Special Treatment for Restoration Needs to Exclude Non-restoration FaCilities. Section 15.05.040(8) needs to address a common problem for restoration projects. Projects sometimes include non-restoration elements that actually degrade or eliminate ecoIogical functions. Such project elements should not receive the same special treatment as true restoration projects. We recommend adding a new subsection (d): "�Vhen a restoration project includes non-restoration elements, such as docks, shoreline stabilization structures, etc., the non-restoration elements shall be reviewed separately from the remainder of the restoration project. " City Response: City wants to have policies that encourage restoration and not discourage it. Elements o restoration project that do not contribute to the restoration will be evaluated as part of the cumulative impact of the overall project. Ecologv Response: Federal Way staff recognizes the importance of shoreline restoration. They have prepared a complete restoration plan that will help improve their shorelines over the long term. Ecology trusts that city staff will apply applicable SMP standards to all projects. Summary of Issues Identified by Ecology as Relevant To its Decision: All Ecology draft SMP commenis have been addressed. The State public comment process brought out additional issues of concern that are worth consideration as required or recommended changes. CONCLUSIONS OF LAW After review by Ecology of the complete record submitted and all comments received, Ecology concludes that the City of Federal Way's SNIP proposal including the required changes identified in attachment B, are consistent with the policy and standards of RCW 90.58.020 and RCW 90.58.090 and the applicable SMP guidelines (WAC 173-26-171 through 251 and .020 definitions). This includes a conclusion that the proposed SMP, contains sufficient policies and regulations to assure that no net loss of shoreline ecological functions will result from implementation of the new master program amendments (WAC 173-26-201(2)(c). Consistent with RCW 90.58.090(4), Ecology concludes that those SMP segments relating to critical areas within Shoreline Management Act jurisdiction provide a level of protection at least equal to that provided by the Federal Way's existing critical areas ordinance and achieves no net loss of shoreline ecological functions. Ecology concludes that those SMP segments relating to shorelines of statewide significance provide for the optimum implementation of Shoreline Management Act policy (RCW 90.58.090(5). E:3 Ecology concludes that the City of Federal Way has complied with the requirements of RCW 90.58.100 regardirig the SMP amenctment process and contents. Ecology concludes that the City of Federal Way has complied with the requirements of RCW 90.58.130 and WAC 173-26-090 regarding public and agency involvement in the SMP amendment process. , Ecotogy concludes that the City of Federal Way has complied with the purpose and intent of the local amendment process requirements contained in WAC 173-26-100, including conducting open houses and public hearings, notice, consultation with parties of interest and solicitation of comments from tribes, government agencies and Ecology. Ecology concludes that the City of Federal Way has complied with requirements of Chapter 43.21C RCW, the State Environmental Policy Act. Ecology concludes that the City of Federal Way's SMP amendment submittal to Ecology was complete pursuant to the requirements of WAC I73-26-110 and WAC 173-26- 201(3) (a) and (h) requiring a SMP Submittal Checklist. Ecology concludes that it has complied with the procedural requirements for state review and approval of shoreline master program amendments as set forth in WAC 173-26-120. Ecology concludes that the City of Federai Way has chosen not to exercise its option pursuant to RCW 90_58.030(2) (� (ii) to increase shoreline jurisdiction to include buffer azeas of all critical areas within shorelines of the state. Therefore, as required by RCW 36.70A.480(6), for those designated critical areas with buffers that extend beyond SMA jurisdiction, the critical area and its associated buffer shall continue to be regulated by the City's critical areas ordinance. In such cases, the updated SMP shall also continue to apply to the designated critical area, but not the portion of the buffer area that lies outside of SMA jurisdiction. All remaining designated critical areas (with buffers NOT extending beyond SMA jurisdiction) and their buffer areas shall be regulated solely by the SMP. DECISION AND EFFECTIVE DATE Based on the preceding, Ecology has determined the proposed amendment is consistent with the policy of the Shoreline Management Act, the applicable guidelines and implementing rules. Ecology approval of the proposed amendments is effective 14 days after Ecology's final action approving the SMP Update. � Attachment B: Required changes to t6e 2010 Federal Way Shoreline Master Program Update � Strike out tezt indicates existing sections that need to be removed from the SMP. Underlined tezt indicates sections that need to be inserted into the SMP. Articte II. 15.05.040 General Development Standards Add the following as item (ii) to 15.05.040 (4)(a) Critical Areas: When 15.10_270 (Structures, improvements, and clearin� and � within regulated wetland buffers), subsections (5) Wetland Bu{fer Reduction and (6) Modification are utilized for a project proposal, a shoreline variance permit is required if the overall proposed buffer width reduction exceeds 25 percent. Section 5 Shoreline Regulations: 15.05.080 Shoretine Residential Environment. (3) General Requirements (e) i�egetation conservation area. The required setback area sha11 be considered a vegetation conservation area. Within the vegeta.tion conservation area, no more than �8 30 percent of the azea with existin� native shoreline vegetation shall be cleared, and a minimum of 68 70 percent of existing native trees shall be retained. Trees determined by the city to be hazardous or diseased may be removed. Additionally, the director may allow removal of vegetation exceeding that described above where an applicant agrees to replacement plantings that are demonstrated to provide greater benefit to shoreline ecological processes than would be provided by strict application of this section. 15.05.090 Urban Conservancy Environment. (3) General Requirements (e) Vegetation conservation area. The required setback area shail be considered a vegetation conservation area. Within the vegetation conservation area, no more than �A 1 S percent of the area with existin native shoreline vegetation shall be cleared, and a minimum of �8 80 percent of existing native trees sl�all be retained. Trees deteimined by the city to be hazazdous or diseased may be removed. Additionally, the director may allow removal of vegetation exceeding that described above where an applicant agrees to replacement plantings that are demonstrated to provide greater benefit to shoreline ecological processes than would be provided by strict application of this secrion. Table (1�.05.070 (6) Vegetation Conservation �� _ � � � �� � � �� �. � __ � Shoreline Environment.. ,, q ,� � - •_-�„ ... , . .. ShoreGne Residential' Urba Conservancy ; Naturat ,-: ��� -�.. � � R, , General standards for all development and uses further detailed b s ecific use re ulations below Hei ht 35 feet 35 feet 35 feet Shoreline 50 feet from OHWM or as 50 feet from OHWM or as 100 feet from OHWM or setbacks required for protection of required for protection of as required for protection critical areas, whichever is criticat areas, whichever is of critical areas, reater reater whichever is reater Vegetation Conserve 59 70% Conserve �9 85% conservation (minimum) of native (minimum) of native Conserve 100% of native area vegetation and 68 70% vegetation and �8 80% vegetation and 100% of (minimum) of native trees (minimum) of native trees native trees in setback in setback in setback ORDINANCE � NO. AN ORDINANCE of the City of Federal Way, Washington, retating to amendments to the City's comprehensive plan adding a new Chapter 11 "Shoreline Master Program"; repealing Comprehensive Plan Section 2.8.5 "Shoreline Master Program"; repealing existing Title 15 FWRC; and adding a new Title 15 FWRC. (Amending ordinance Nos. 09-597, 00-375, 99-355, 98-323, 97-291, and 90 38) WHEREAS the City adopted its Shoreline Master Program (SMP) in 1994 and amended it in 1998; and WHEREAS the Washington Shoreline Management Act (RCW 90.58, referred to herein as "SMA") recognizes that shorelines are among the most valuable and fragile resources of the state, and that state and local government must establish a coordinated planning program to address the types and effects of development occurring along shorelines of state-wide significance; and WHEREAS, the City of Federal Way ("City") is required to update its Shoreline Master Program {"SMP"} pursuant to the SMA and WAC 173-26; and W�[EREAS the updated SMP includes a scientific inventory and characterization report, goals and policies, shoreline environmental designations, regulations and administrative procedures, a restoration plan, and a cumulative impacts analysis; and WHEREAS the pursuant to the SMA, updated SMP goals and policies shall be incorporated into the Federal Way Comprehensive Plan; and WHEREAS, pursuant to the SMA, updated shoreline regulations and administrative procedures shall be incorporated into the Federal Way Revised Code (FWRC); and WHEREAS the updated SMP is in the best interest and general welfare of the City of Federal Way because it provides for the protection of sensitive shoreline areas while allowing appropriate Ordinance No. l 1- Page 1 of 6 Rev 1110 CP uses and activities in shoreline areas and includes a plan to restore degraded areas of the shoreline; and WHEREAS, the updated SMP will apply to all jurisdictional shorelines within City limits and will apply to all jurisdictional shorelines within the city's Potential Annexation Area. (PAA), upon the effective date of annexation of the PAA or any portion of the PAA; and WHEREAS, pursuant to the State Environmental Policy Act (SEPA), on March 31, 2007, a Determination of Nonsignificance was issued by the city's SEPA Official and the appeal period expired on Apri128, 2007; and WHEREAS, the city has incorporated public input into the update process by preparing a Public Participation Plan, holding a public open house, forming a Citizens Advisory Committee, holding public Planning Commission meetings, holding a public hearing before the Planning Commission, developing an SMP update web page, providing notice of ineetings by mail and other means, and maintaining an SMP mail list; and WHEREAS, the city incorporated technical feedback on the SMP update by forming a Technical Advisory Committee to review draft products and provide comments and feedback; and WHEREAS, the City Planning Commission considered the updated SMP at their meetings of February 14, 2007, March 28, 2007, and held a public hearing on Apri14, 2007, and forwarded a recommendation to approve, with minor modifications, the updated SMP; and WHEREAS, following passage of Resolution 07-500 by the City Council, the updated SMP was transmitted to the Department of Ecoiogy for formal review; and WHEREAS, following Department of Ecology review, the City of Federal Way received official review comments in January 2009; and Ordinance No. 11- Page 2 of 6 Rev 1/10 CP WHEREAS, city staff, the city's SMP consultant, and Department of Ecology staff worked collaboratively to prepare draft revisions to the SMP that responded to the official Department of Ecology review; and WHEREAS, former members of the SMP Citizens Advisory Committee (CAC), Technical Advisory Committee (TAC), Shoreline Property Owners, Public Agencies, and other parties of interest were notified of the availability of the re.vised SMP documents; and WHEREAS, on August 4, 2010, a public information meeting was conducted to discuss the revisions to the SMP; and WHEREAS, on August 25, 2010, the Planning Commission conducted a public hearing on the proposed revisions to the SMP and forwarded a recommendation to approve the proposed revisions; FTifJ WHEREAS, on September 20, 2010 and October 4, 2010, the City Council Land Use/Transportation Committee considered the proposed revisions to the SMP and recommended approval of the proposed revisions as recommended by the Planning Commission with further modifications to SMP Section 5, Shoreline Regulations, as follows: (1) retain the existing stringline setback requirement for lake shoreline properties; and (2) remove the requirement for a minimum marine bluff setback; and WHEREAS, following passage of Council Resolution 10-597 the revised SMP Update was transmitted to the Department of Ecology for formal review and approval; and WHEREAS, on August 30, 2011, the Department of Ecology issued a Conditional Approval letter that specifies required changes to the revised SMP Update that must be agreed to in order to receive final Ecology Approval; and Ordinance No. 11- Page 3 of 6 Rev 1/10 CP WHEREAS, on October 3, 2011, the City Council Land Use/Transportation Committee considered the Department of Ecology required changes to the SMP and recommended approval of the required changes; and WHEREAS, the City Council desires to approve the SMP Update as adopted by Resolution 10-597 with the changes required by the Department of Ecology; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) The proposed amendments to the comprehensive plan text and Title 15 of the FWRC, as set forth in Exhibits A and B, attached hereto, are consistent with the comprehensive plan overall vision and the Plan's land use element, and will provide for the protection of sensitive shoreline areas while allowing appropriate uses and activities in shoreline areas and includes a plan to restore degraded areas of the shoreline; and therefore bear a substantial relationship to public health, safety, and welfaze; are in the best interest of the residents of the City; and are consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. (b) The proposed amendments have complied with the appropriate process under state law and the FWRC. Section 2. Agreement with Department of Ecology Required Chan�es to the SMP Update. Staff is hereby directed to prepare a written response to the Director of the Department of Ecology communicating agreement with Department of Ecology required changes to the SMP Update. Section 3. Adoption of the SMP Update as passed by Council Resolution 10-597 with Ordinance No. 11- Page 4 of 6 Rev 1/10 CP De�artment of Ecolog, ��Required Chan� The City of Federal Way Shoreline Master Program Update passed by Resolution 10-597 as updated by changes required by the Depa,rtment of Ecology in the Conditional Approval letter da.ted August 30, 2011 is hereby adopted as the official Shoreline Master Program for the City of Federal Way. Section 4. Comprehensive Plan, Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 20 t0 and 2U 11 copies of which are on file with the Office of the City Clerk, is hereby amended to repeal existing Section 2.8.5 and to add a new Chapter 11 "Shoreline Management" as set forth in Exhibit A, attached hereto. Section 5. FWRC Amendments Adoption. Title 1 S FWRC is hereby repealed in its entirery and is hereby replaced by a new Title 15 as set forth in Exhibit B, attached hereto. Section 6. Amendment Authoritv. The adoption of the SMP, Comprehensive Plan and FWRC amendments in Sections 3 through 5 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to chapter 19.80 FWRC. Section 7. Severabilitv. The provisions of this ordinance are deciared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidiry of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 8. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011 shall remain in full force and effect until these amendments become operative upon the effective date of this ordinance. Ordinance No. 11- Page S of 6 Rev 1/10 CP Section 9. Ratification. Any act consistent with the authoriry and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. Effective Date. This ordinance shall take effect and be in force fourteen (14) days after Ecology's final action approving the SMP Update, as provided by law. PASSED by the City Council of the City of Federal Way this da.y of , 2011. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST I:����I.�� 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: OR.DINANCE NO.: Ordinance No. 11- Page 6 of 6 Rev 1/10 CP CHAPTER ELEVEN - SHORELINE MASTER PROGRAM 11.0 Purpose and Responsibility Washington's Shoretine Management Act, Chap#er 90.58 RCW (SMA), was passed by the State Legislature in 197 i and arlopted by the public in a referendum. The SMA was created in response to a growing concern among residents of the state that serious and permanent damage was being done to shore(ines by unplanned and uncoordinated developmen�. The goa( of the SMA is, "...to prevent the inherent hanm in an uncoordinated and piecemeal devetopment of the state's shorelines." The overarching SMA policy is to manage shoreiines of the sta.te by planning for and supporting reasonable and appropriate uses while protecting against adverse impacts to public heatth, the tand and its vegetation and wildtife, and the waters of the state and their aquatic life. The primary responsibility for administering the SMA is assigned to iocal governments through the mechanism of Shoreline Master Programs (SMP), adopted under guideiines estabtished by the Washington State Department of Ecology ("Ecology")_ The Ecology guide(ines (WAC 173-26) establish goals, policies, and standards. Locat SMPs contain goals and policies, maps, regulations and devetopment standards, and permitting procedures consistent with the SMA and Ecoiogy guide(ines. The SMP is required to protect shorelines as a statewide resource while aiso being tailored to the specific conditions and needs of individual communities. The SMP is also meant to be a comprehensive vision of how the shoreline area will be used and developed over time_ According to Substitute Senate Bitl (SSB) 60i2, passed by the 2003 Washington State Legislature, cities within King County are required to amend their loca( SMPs consistent with Ecology's revised guidelines. The required update process a(so provides cities with an opportunity to incorporate the changes in the physical shoreline conditions (including annexations) and integrate current technicai and scientific information into the SMP. At the time of incorporation in 1990, the City of Eederal Way ("City'� adopted King County's Shoretine Master Program (SMP). The City developed and adopted its own SMP in 1998 that integrated the SMP into the Federa! Way Comprehensive Plan (FWCP). In 1999, the City adopted associated deve(opment regulations for the shoreline_ As of January 2005, newly annexed areas included the eastern shore of North Lake and the northwestern shore of Lake Kil(arney. All of the lakes within the City's Qotentiat annexation area (PAA) are govemed by county shoretine regulations. The goals and policies contained in the SMP are incorporated into the FWCP within this Shoreline Master Program chapter_ Deve(opment regulations contained in the SMP are incorporated in the Federa! Way Revised Code (FWRC) Title i 5, Shoreline Management. � : . � �.��HIBIT' _ _ -- � :� � pF2 � _ _ .� __ _ _ _ �.s.,.,... FWCP - Chapter Eleven, Shoreline Master Program 11.1 Shoreline Jurisdiction Under the SMA, the shoreline jurisdiction includes waters that have been designated as "shorelines of statewide significance" or "shorelines of the state" and adjacent lands or "shoretands." Shoreline jurisdiction inciudes all the designated water bodies and the land under(ying them, plus their associated shorelands, which includes land extending landward for two hundred feet in all directioc►s from the ordinary high water mark (OHWM), floodways, and contiguous floodplain areas landward 204 from those floodways, and ai( wetlands and river deltas associated with the streams, lakes, and tidal waters subject to the SMA. These designations were established in• 1972, and are described in the SMA (RCW 90.58.030[2)). General(y, "shorelines of statewide significance" include portions of Puget Sound and other marine wateriwdies; rivers west of the Cascade Range that have a mean annuai flow of 1,000 cubic feet per second (cfs) or greater; rivers east of the Cascade Range that have a mean annual tlow of 200 cfs or greater; and freshwater lakes with a surface area of 1,000 acres or more. "Shoreiines of the state" are generaily described as at! marine shorelines and shorelines of ali other streams or rivers having a mean annual flow of 20 cfs or greater and lakes with a surface area greater than 20 acres. The shoreline jurisdiction within the city iimits of the City of Federal Way encompasses approximateiy ( 6.9 mi(es of shoreline. It inc(udes all of the Puget Sound shoreline in Federal Way (about 4.8 miies), including areas waterwazd of the OHWM which extend to the iine of extreme low tide. Approximate(y 12. i mi(es of shoretine are found along freshwater lakes. The lakes currently within the city (imits are: • Stee! Lake; • �I'he northwestern shore of Lake Kiltarney; and • North Lake. There are no rivers or streams meeting the definition of "shoreiines of the state" within the City or its annexation area_ However, streams such as Joe's Creek and Lakota Creek discharge to the Puget Sound shoretine. The mouths of these streams and the upstream extent of tidal influence are considered under shoreline jurisdiction because of their association with the Puget Sound shoreline. Five freshwater lake shorelines are located in the City's PAA and are included in this master program update; these inctude Star Lake, Lake Dolloff, Lake Geneva, the remaining portion of Lake Killarney, and Five Mite Lake. The portions of Puget Sound within the city limits waterward of the line of extreme low tide are defined as"shore(ines of statewide significance" {RCW 90.58.030[2][e]{iii]). Under the SMA, the shoreline area to be regu(ated under the City's SMP must inctude marine waters, lakes, and shoretands, defined as the upland area within 200 feet of the OHWM, as well as any associated wetlands (RCW 90.58.030). The shoreline jurisdiction of the City of Federat Way is shown in Map XI-1 (maps are at the end of the chapter). EXH161T � _ � a.� �o,a � 2�° �� FWCP — Chapter Eleven, Shoreline Master Program 11.2 Compiiance in Federal Way The SMA establishes a cooperative program of shoreline management between loca( government and the state. The state's primary role is to support local government and provide assistance, as we(t as reviewing some shoreline permits and reviewing and approving amendments to iocal SMPs. The SMA requires three primary tasks to be fulfil(ed by locat governments: 1. Compiiation of a comprehensive inventory that includes a survey of natura( characteristics, present land uses, and patterns of propetty ownership; 2. Development of a master program to provide an objective guide for regulating the use of shorelines, consistent with the SMA (RCW 90.58) and its provisions, including the SMP guidelines {Chapter 173-26 WAC) and shoreline permitting and enforcement procedures (Chapter 173-27 WAC); and 3. Administration of a shoreline permit system for proposed substantial deveiopment. and regulated uses in designated water bodies and on their associated shorelands. [n compliance with the first requirement of the SMA, the City completed a comprehensive inventory of natural characteristics, functions and values of resources, existing (and use, and ownership patterns atong the City's shorelines (Section 2 of the Shoretine Master Program — Shoreline Inventory). This inventory was completed in August 2006 and finatized in June 2007. The second requirement of the SMA was met by the City with the heip of local citizens and stakehotders, who assisted in developing goals and policies, which form the foundation for the SMP. 11.3 Public Involvement To conduct the SMP update, City staff and ESA Adoifson prepared draft components of the City's SMP, worked with a Citizen's Advisory Committee (CAC), sought review from a Technical Advisory Committee (TAC), and presented findings to the Planning Commission and the City Councii Land UselTransportation Committee (LUTC). At the start of the project in February 2006, a Public Participation Pian was developed and used as a guide during the SMP update_ A pubiic Open House was hetd on June 7, 2006, to introduce the process to the public and shoreline residents. The Open House was advertised with direct maitings to all shoreline owners as well as public notices on the City's website. Six meetings were hetd with the CAC between July and December 2006. Citizen comment was integrated into the shoreline inventory, shoreline environment designations, and goals & policies section ofthe SMP. Technicai documents were routed to the TAC, inctudirig Ecology staff, for review and comment. O�er agencies invotved in the process included Washington Department of Fish and Wildlife, Washington Department of Natural Resources, King County, neighboring cities, and the Tribes. � , EXH1B11` _ _ _ _ __.� �„ PAG 2 FWCP - Chapter Eleven, Shorelir� Master Program Three meetings were held with the Ptanning Commission to present findings and discuss recommendations. The Ptanning Commission meetings were held on February 14, March 28, and April 4, 2007. A public hearing was held during the Apri14, 2007 meeting_ Approximately 20 citizens testified either at the public hearing or during public testimony during the March 28'� Planning Commission meeting. Additional pubtic comment was taken and response given durir►g the LUTC meeting on May 21, 2007. The City Council passed the SMP by resoiution on June 5, 2007. [n Juiy of 2007, the Council-approved SMP was submitted to Ecology for review and comment. The City of Federai Way received official Ecology review comments in January 2009. Ciry staff, ESA Adolfson, and Ecology staff worked coltaborativeiy to prepare draft revisions to the SMP that responded to the officia! Ecology comments. Former membecs of the SMP CAC, TAC, shoretine property owners, pubiic agencies, and other parties of interest were notified of the availabitity of the revised SMP documents. On August 4, 20(0, a public information meeting was conducted to discuss the revisions to the SMP. On August 25, 20i0, the Planning Commission conducted a public hearing on tAe proposed revisions to the SMP and forwarded a recommendation to approve the proposed revisions. The LUTC considered the revisions on October 5, 2010, and forwarded a recommendation to approve the proposed revisions with a few minor modifications. The City Council passed the revised SMP by resolution on October 19, 20 i 0. A programmatic environntental checklist was prepared for the SMP Update. Pursuant to the State Environmental Poiicy Act (SEPA), the City's SEPA Of�icial issued a Determination of Nonsignificance (DNS) on March 3 t, 2007_ The public comtnent period was open on the DNS for approximate(y 34 days. The appeal period expired on April 28, 2007. 11.4 Relationship to City Code The set of shoreline goals and policies in this chapter provide the foundation and framework on which the balance of the master program has been based_ The poticies contained herein are enforced through FWRC Titte I5, "Shoreline Management," and any other appiicable sections of the FWRC. Article II of FWRC Chapter 15.05 inciudes all of the sharetine regulations that enforce the goals and policies of the SMP. The following is a list of the primary subsections of Chapter 15.fl5, Article Q. These sections are listed here to illustrate how the SMP goals and policies are linked to the reguiatory document. Chapter 15.05 (Shoreiine Management), Article II (Shoreline Regutation) � Sectioa 15.05.040 — Cenerat deve[opment standards. Provides standards consistent with the Conservation and Restoration, Historic and Cultural Resources, and Public Access and Recreation elements of this Chapter. This section of Article [I adopts Gitical Areas and Fiood Damage Reduction regulations (as Chapter 15.10 and Chapter 15_ 15 of Titie 15). �� -3 EXH�BII� A _ _„� : _ ..r- .� r,F 2�0 ., _ -- _ FWCP — Chapter Eleven, Shoreline Master Program • Sectioa 15.05.050 — Shoreline modifications. Provides standards specific to shoreline modifications consistent with the Shoreline Use and Conservation and Restoration elements of this Chapter. � • Section 15.05.060 — Environment designations. [ntroduces the system of environment designations, consistent with the Shoreline Environments section of this Chapter. • Sectioa 15.05.070 — Summary of Uses, Approva! C�iteria and Process. Provides a graphical summary of the use and devetopment regulations detailed in other sections of Articie [I. • SecNon 15.05.080 — Shoretine residentiat environment. Provides regutations specific to the sfioreline residentia( environment, consistent with the goals and policies for the shoreline residential environment within this Chapter. • Section 15.05.090 — Urban conservancy environment. Provides regutations specific to the urban conservancy environment, consistent with the goals and policies for the urban conservancy environment within this Chapter. • Sectioa 15.05.100 — Natural environment. Provides reguiations specific to the natural environment, consistent with the goals and poticies for the natural environment within this Chapter. i 1.5 Shoreline Use Element This element addresses the distribution, (ocation, and extent o� use of shorelines and adjacent areas for housing, recreation, transportation, office, public bui(dings, utilities, education, and other uses. The shoreiines in Federal Way are more widely used for residential purposes than for any other use. Much of the undeve(oped shoreline is privately owned, subdivided into sma(1 lots, and zoned to permit residential development. Goat SMPG1 Shoreline areas shall permit a variety of development types in accordance with the FWRC, FWCP, and Shoreline Masler Plan designations. Designs, densities, and locations for all allowed uses and developments should consider physical and natural features of the shoreline and prevent a net loss of shore[ine ecological functions. Policies SMPPI Shoreline land and water areas particularty suited for specific and appropriate uses should be designated and reserved for such uses. SMPP2 Shoreline (and and water uses should satisfy the economic, socia(, and physical needs of the regional population, but shoutd not lead to ����� - . EX r -- nn�c � QF 2� 20� a 7°���-�-�cr-r-- FWCP - Chapter Eleven, Shoreline Master Program eco(ogicai functions in the shoreline areas. SMPP3 Like or compatible shoreline uses should be ctustered or distributed in a rationat manner, rather than altowed to develop haphazardty. SMPP4 Multiple uses of shoreline should be encouraged where (ocation and integration of compatible uses or activities are feasible_ SMPPS Shoreline ecological functions shoutd be protected from uses or activities that wili have an adverse effect on them_ SMPP6 Non-residential uses or activities that are not shore(ine dependent should be encouraged to locate or relocate away from the shoreline. SMPP7 Federal Way shouid consider the goals, objectives, and policies of the SMP in alt land use management decisions regarding the use or devetopment of adjacent uptands where such use or development may have an adverse effect on designated shorelines. SMPP8 Developrnent shou(d be regulated accordingiy in shoreline areas known to contain development hazards or which wouid adversely impact designated critical areas as identified in FWRC Title 15. a. Atl development should be prohibited within the I00-year fioodplain, except single-family residentiai and water-dependent or water-related uses. b. All devetopment should be prohibited in shoreline azeas of severe or very severe landslide hazard. c. All development shouid be regulated in shoretine areas with slopes of 40 percent or greater. d. Shoreline areas containing other potential hazards (e.g., geological conditions, unstable subsurface conditions, erosion hazards, or groundwater or seepage problems) should be regulated as necessary to avoid unsafe development and disturbance of sensitive areas. SMPP9 Promote respect of private property rights while implementing SMA requirements. Goal SMPG2 Residential use ofshoreline areas should be continued and encouraged in areas that have not been designated as Natural environments by the SMP, allowing a variety of housing types. New development or redevelopment of residential uses should cause no net loss ofshoreline ecological function as identified in the SMP's Shoreline Inventory Characterization arrd Analysis. Policies SMPP10 Residentiai developments should be designed to achieve no net toss of EXH�BI1` � _. �„ OF 2� - _, � FWCP — Chapter Eleven. Shoreline Master Program shoreiine ecological functions and minimize interference with visual and physicai access. Unavoidable impacts to the shoreline environment from residential development should be mitigated to assure no net ioss of shoreline ecological functions. a Residentiat deve(opment in designated critical areas or their associated buffers should be regulated as required by the City's SN[P regulations. b. Residential develoQment on piers or over water is prohibited. c. Landfill for residential development that reduces water surface or fioodp(ain capacity shali aot be permitted. d. In residential developments, the water's edge should be kept free of buildings and fences. e. Development standards should require the retention of natura! shoreline vegetation and other naturai features of the (andscape to the greatest extent possible during site deveiopment and construction. SMPP11 Residential use of shorelines should not displace or encroach upon areas that have existing or are designated as supporting water-dependent shoretine uses_ SMPP12 Residentiat densities shouid be determined with regard for the physical capabilities of the shoreiine areas and public services requirements and inc(ude the foltowing considerations: a. Subdivisions and new devetopment should be designed to adequately protect aesthetic characteristics of the water and shoreline environment. b. New residential development should only be allowed in those shoreline areas where the provision for sewage disposal and drainage ways are of such a standard that adjoining water bodies would not be adversely � affected by pollution or siltation. c: Residential development along shorelines should be setback from the ordinary high water mark far enough to make unnecessary such protective measures as filling, bulk heading, construction groins, or jetties, or substantial re-grading o�the site_ d. Residentiai developments shou(d be designed to enhance the appearance of the shoreline and not substantiatly interfere with the views from public property or access to the water. e. The shoreline ecosystems, processes, and functions identified in the Shoretine Inventory and Characterization shouid be considered when determining standards for residential development patterns within the shoreline environment. SMPP13 Residential subdivisions in shoretine areas should provide public pedestrian access to the shorelines within the development in accordance with the public access and recreation etement of this master program. SMPP14 Developers of recreational projects such as summer homes, cabins, campgrounds, and similar facilities should satisfactori(y demonstrate: L/�T � � �� � - - ��� � PAGE..-.OF 2 � �„ �_� FWCP — Chapter Eleven, Shoreline Master Program a_ The suitability of the site to accommodate the proposed development without adversely affecting the shoretine environment and water resources. b. Adequate provisions for all necessary utilities, including refuse disposal. Goal SMPG3 Shoreline areas designated by the F'WCP and the SMP to allow for commercial development shall permit a variery of commercial and office park development types. New development or expansion of existing commercia[ and office uses should result in no net loss ofshoreline ecological functions. Poticies SMPP15 Consideration should be made of the effect a structure will have on scenic vatue, and when feasible, should inctude opportunities for pub(ic access to shoreline areas. SMPP16 Commerciai and office structures and ancillary facilities that are not shoreline dependent or water-oriented should be setback from the water's edge and designed to avoid adverse impacts to shoretine eco(ogicai functions_ SMPP17 The use of porous materials and other iow impact development design alternatives shou(d be encouraged for paved areas to altow water to penetrate and perco(ate into the soil. Use of holding systems should be encouraged to controt the runoff rate from parking lots and rooftops. SMPP18 Commercial and of�ice deveiopment (ocated within shoreline areas should be constructed to withstand normal rain and flooding conditions without contributing pollution to the watercourse or shoreiine_ State and (ocal best management practices should be implemented to protect the natural shoreline environment from impacts associated with stormwater runoff SMPP19 Commercial and office development that is not water-dependent shoutd provide a buffer zone of native vegetation for erosion control. SMPP20 Commerciat aquaculture activities should be prohibited. Goal SMPG4 Regional and subregional utility facilities, including communications, (radio, TV, and telephone), energy distribution (petroleum products, natural gas, and electricity), water, sanitary sewers, and storm sewers should not be allowed in shoreline areas unless there is no atternative location. Design, location, construction, and maintenance of utility facilities must comply with the requirements of SMP regulations and other federal, state, and local laws, and result in no net loss of shoreline ecological functions. i.,;� �-� l"`� � ��i,�'" � � � ---- .��:__� . por� g � ` �„ ---,��F Z FWCP - Chapter Eleven, Shoreline AAaster Program Policies SMPP21 Utilities that could a(low for growth should not be extended into or along shorelines without prior approva( of such extension by the appropriate land use authority. SMPP22 Utiiities located in shoretine environments inappropriate for development shou(d not make service available to those areas. SMPP23 In deveioped shore(ines not served by utilities, utiiity construction should be encouraged to locate where it can be shown that water qua(ity will be maintained or improved. SMPP24 Federat Way should be consulted prior to, or at the time of, application for consiruction of regionai utility facilities to be iocated in or along shorelines. SMPP25 Utitity corridors crossing shoretines should be encouraged to consolidate and concentrate or share rights-of-way where: a. Public access or view corridors would be improved. b. Concentration or sharing would not hinder the abitity of the utility systems to be instatled, operated, or maintained safe(y. c. Water quality would be as good as or better than if separate corridors were present. SMPP26 Pubiic access should be encouraged where rights-of-way for regional utility facilities cross shorelines in the City, and where pub(ic safety and facitity security would not be compromised. SMPP27 New utility faci(ities should be located so as to not require extensive shoreline protection nor to restrict water flow, circulation, or navigation. SMPP28 New utility facilities and rights-of-way should be located to preserve the naturat landscape and minimize conflicts with present and p(anned uses of the land on which they are located. SMPP29 New utility facilities and rights-of-way shoutd be tocated and designed to minirr►ize detrimental visuai impacts from the water and adjacent uplands. SMPP30 New freestanding personal wireless service facilities are prohibited from iocating within the shoreline environment. Goat SMPG� Limit shoreline stabilization—which includes any action taken to reduce adverse impacts caused by current, flood, wake, or wave action—including the use of bank stabilization, rip rap, and bulk heading, to tfiat which is EXI-� � � 1� � _ �` .�:- �nr,� � �F 2� �„ _ FWCP - Chapter Efeven, Shoreline Master Pragram Policies necessary to protect existing improvements. SMPP31 Shoreline stabilization should be allowed only if it is clearly demonstrated that shoreline protection is necessary to protect existing improvements. SMPP32 Shuctural solutions to reduce shoreline erosion should be altowed only after it is demonstrated that nonstructural solutions, such as bioengineering or soft- shore annoring, would not be abte to protect existing developmeat. SMPP33 Planning of shoretine stabiiization should encompass sizable stretches of lake or marine shorelines. `I�his planning shou(d consider off-site erosion, accretion, or fiood damage that might occur as a resu(t of shoreline protection structures or activities. SMPP34 Shoreline stabitization on marine and lake shorelines should not be used as a means of creating new or newiy developab(e tand. SMPP35 Shoreline stabiiization structures should aliow passage of ground and surface waters into the main water body. SMPP36 Shore(ine stabilization should not reduce the votume and storage capacity of streams and adjacent wetiands or flood ptains_ SMPP37 Whenever shoreline stabilization is needed, bioengineered alternatives such as natural berms and erosion control vegetation plans shoutd be favored over hard surfaced structural atternatives such as concrete bu(kheads and sheet piles. SMPP38 The burden of proof for the need for shoretine stabitization to protect existing developments or proposed redevelopments rests on the applicant_ SMPP39 Shoreline stabitization activities that may necessitate new or increased shoreline protection on the same or other affected properties where there has been no previous need for protection shouid not be allowed_ SMPP40 New development shall be designed and tocated so as not to require shoretine stabilization. SMPP41 Areas of significance in the spawning, nesting, rearing,_or residency of aquatic and terrestrial biota shouid be given special consideration in review of proposed shore(ine stabilizaxion activities. SMPP42 Shoreline stabilization activities shou(d be discouraged in areas where they wouid disrupt natural feeder bluffs processes important for maintaining beaches. �� a _- _._ EXH i B � � GE ��° OF �� -.----- PA �„ - ,�,_,o FWCP — Chapter Eleven, Shoreline Master Program Goal SMPG6 Docks and moorages should be allowed tivhen associated with residential, recreationa[, or other pubfic facilities. The design, location, and construction of any dock, pier, or moorage should avoid, to the greatest eztent possible, adverse effects on shoreline ecological functions. Poticies SMPP43 Open pite construction should be preferred where there is significant littoral drift, where scenic values will not be impaired, and where minirr►al alteration to the shoreline and minimal damage to aquatic resources can be assured. SMPP44 Piers, floats, and docks should be prohibited or permitted as a conditional use where conflicts with recreational boaters and other recreational water activities wou(d create public safety hazards. SMPP45 Where new docks are aliowed, new residential development of two or more dwe(lings shou(d be required to provide joint use or community dock faciiities, when feasibie, rather than a(iow individual docks for each residence_ SMPP46 Temporary moorages shou(d be permitted for vesse(s used in the construction of shoreline faci(ities. The design and construction of such moorages shall be such that upon termination of the project, aquatic habitat can be returned to original condition within one year at no cost to the environment or the public. SMPP47 Shoreline structures that are abandoned or structurally unsafe shou(d be removed. SMPP48 Docks, buoys, and other moorages should only be authorized after consideration of a The effect such structures have on witdtife and aquatic life, water quatity, unique and fragile areas, submerged lands, and shoretine vegetation_ b. The effect such structures have on navigation, recreationat and commercial boating, shoretine access, and scenic and aesthetic vaiues. c_ The effect such structures have on water circulation, sediment movement, and littoral drift. SMPP49 Moorage buoys should be preferred over moorage pi(es on all tidal waters. EXHiBi°� � _ � ,� !'AGE_!�_-OF 2 � ` �„ �-» FWCP - Chapter Eleven, Stroreline Master Progr�n 11.6 Pubiic Access and Recreation Element This element addresses the preservation and expansion of ail types of public access and recreational opportunities through programs of acquisition, deve(opmeni, and various means of less-than-fee acquisition_ Goai SMPG7 tncrease public access to and enjoyment ofshoreline areas through improvements to physical access on publicty owned lands and improved visual access, provided that private rights, public safety, and shore[ine ecological functions remain intact. Policies SMPP50 Development of public access shou(d respect and protect private rights that � are held on shoreline property. SMPP51 Pub(ic access should be maintained and regulated. a. Pub(ic access shou(d be policed and improved consistent with intensity of use. b. Provisions to restrict access as to nature, time, number of peop(e, and area may be appropriate for pubtic pedestrian easements and other public access areas where there are spawning grounds, fragile aquatic life habitaxs, or potentiai hazards for pedestrian safety. SMPP52 Design of access should provide for the pub(ic health, safety, and enjoyment. a. Appropriate signs should be used to designate pubtic(y owned shorelines. b. Pedestrian and non-motorized physical and visual access to the shoreline should i�e encouraged. c. Public access to and along the water's edge should be made available in pubiicly owned shorelines i� a manner that protects shore(ine ecological functions. SMPP53 Acquisition and development of new shoreline public access locations should be consistent with overatl parks and open space planniag goals and policies. � Acquisition and development of shore(ine properties should be consistent with criteria and standards as part of an overatl park and open space master plan. b. Where appropriate, utility and transportation rights-of-way on the shoreline shou(d be made availabte for public access and use, consistent with the shore(ine use and circu(ation eiement policies. c. Whece appropriate, publicly-owned street ends that abut the shoretine should be retained and/or reclaimed for public access, consistent with the 20i1 �. °� rr°� � � � °� � ---�- t2(��Z�� [�AGE____ - FWCP — Chapter Eieven, Shoreline Master Program circulation element policies. d. Shoretine recreational facilities and other public access points shou(d be connected by trai(s, bicyele pathways, and other access links where possib(e. SMPP54 Public access shoutd be provided in new shoreline developments. a. [ncentives shoutd be used to encourage private property owners to provide public shoreline access_ b. Public pedestrian easements should be considered in future �and use authorizations, and in the case of projects along lakes, streams, ponds, and marine lands, whenever shoreline features are appropriate for pub(ic use. Shorelines of the City characterized by the foilowing should be considered for pedestrian easements: l. Areas of significant, historica(, geological, and/or biological features and landmarks. 2_ Areas presently being legally used, or historical(y having been legally used, by the public atong the shoreiine for access. 3. Where pubtic funds have been expended on or related to shoreline developments. SMPP55 Shorelines in the City should be availab(e to all people for passive use, visual access, and enjoyment. a. The City should preserve and provide public(y accessible viewpoints, iookouts, and vistas of shorelines. b. New developments shoutd minimize visual and physical obstruction of the water from adjacent roads and public properties. SMPP56 Physica( and/or visuai access to the water should use steep slopes, view points from bluffs, stream va(leys, and features of special interest where it is possible to place pathways consistent with pubtic safety and without requiring extensive flood or erosion protection. Goat SMPG8 Provide additional shoreline dependent and water oriented recreation opportunities that are diverse, convenient, and adequate for the regional population, and that will not result in a net loss of shoreline ecological functions. Policies SMPP57 Areas containing special shoreline recreation qualities not easiiy duplicated should be available for public use and enjoyment. a. Opportunities should be provided for the public to understand natural shoreline processes and experience natura( resource features. . �X�l i B!1` � � � 20„ 2� -. FWCP - Chapter Eleven, Shor�ine Master Program b. Public viewing and interpretation should be encouraged at or near governmental shoreline facilities when consistent with security and public safety. SMPP58 Shoretine recreational use and development should enhance environmental quality with minimai adverse effect to natura( resources. a. Stretches of retatively inaccessibie and unspoiied shoreline should be availabie and designated as iow intensity or passive recreationat use areas with minima( development. Service facitities such as footpaths, periphery parking, and adequate sanitary faciiities should onty be located where appropriate, considering both public safety and preservation of shoreiine eco(ogica( functions. b. Beaches and other predominantly undevetoped shorelines current(y utilized for recreational purposes should be avaitable and designated as medium intensity recreational use areas to be free from expansive development; intensity of use should respect and protect the natura! qualities of the azea. c. Small or linear portions of the shoreline suitable for recreational purposes should be availabte and designated as transitional use areas that allow for variable intensities of use, which may inctude vista points, pedestrian walkways, water entry points, and access from the water; utilizing stream floodplains, street ends, steep slopes, and shoreline areas adjacent to waterfront roads. d. At suitable locations, shorelines shou(d be made available and designated as high intensive use areas that provide for a wide variety of recreationat activities. e. Overall design and deve(opment in shoreiine recreational areas should be sensitive to the physicai site characteristics and be consistent with the level of use in the area concerned. f Recreation areas and ancitlary facilities on or adjacent to the shoreline should have adequate surveillance and maintenance. g. Non-water oriented recreational faci(ity devetopment should be setback from the water's edge, except where appropriate in high intensive � shore(ine use areas. SMPP59 The provision of adequate pubtic shoreline recreation tands should be based on an acquisition plan that is consistent with overat( goats for enhancing public access to the City's shorelines. SMPP60 Existing buildings that enhance the character of the shoreline should be incorporated into recreation areas wherever possible. SMPP61 A balanced variety of recreationa( opporlunities should be provided for people of different ages, heatth, family status, and financial ability. a Shoreline recreation areas shou(d provide opportunities for different use EXHi�Ifi�.---�----�� 2011 q `� ���E� F --- FWCP — Chapter Eleven, Shoreline Master Program intensities ranging from low (solitude) to high (many people)_ b. Opportunities for shoreiine recreationai experiences should include developing access that accommodates a range of differences in people's physical mobility, capabilities, and skili levels. c. Recreational deveiopment should meet the demands of poputation growth consistent with the carrying capacity of the tand and water resources. Goal SMPG9 Recreational experiences that depend on, or utilize, the shoreline (including: harvesting activities ojfish she![fish, fowl, minerals, and drijtwood, various forms of boating, swimming, and utilization of shoreline pathways, and watching or recording activities, such as photography, painting, or the viewing of water dependent activities) shall be encouraged within parks and other public access areas, given they do not result in a net loss ofshoreline ecological functions and are allowed uses under state and local regulations. Policies SMPP62 Underwater parks should be extensions of shoreline parks, and whenever possible, be created or enhanced by artificial reefs where natura( conditions or aquatic iife could be observed with minimal interference. SMPP63 During storm events, hazardous conditions, or emergencies, temporary use of pub(ic recreational shoreline areas by boaters should be allowed. SMPP64 Prime fishing areas should be given priority for recreational use. SMPP6� Recreational shelifish harvesting should be a((owed on pub(ic beaches subject to rules, reguiations, and periodic closures by Washington Department of Health and/or Washington Department of Fish and Wild(ife. SMPP66 Boating activities that increase shore erosion shoutd be discouraged. SMPP67 Effective interpretation should be providerl to raise the quatity of visitor experiences and Qrovide an understanding of aquatic and shoreline resource. 11.7 Conservation and Restoration Element This eiement promotes and encourages the conservation of natural shvreline resources and shoreline ecological functions, considering but not iimited to, such characteristics as scenic vistas, parks and open space, fish and wildlife habitat, beaches, feeder btuffs, estuaries, and other valuabie natural or aesthetic features. Additionaily, this element promotes and encourages restoration of shoreline functions and ecological processes that have been impaired as a result of past deveiopment activities_ EXH 1 P 11` � ,,.�. 20„ w-,s F 2 ` ° t FWCP - Chapter Eleven, Shomline Master Program Goat SMPGiQ Preserve and protect the ecological functions oJintact natural shorelines and ecologically sensitive shorelines as outlined within the shoreline inventory and characterization. Policies SMPP68 Manage designated critical areas in the shoreline--such as critical aquifer recharge areas and wellt►ead protection areas, frequently tlooded areas, geologicaliy hazardous areas, regulated wetlands, and streams—according to measures provided in this SMP. These include shoreiine environment designations, allowed uses, development standards and regulations, and mitigation for unavoidabie impacts. They should also be consistent with the po(icies contained in FWCP Chapter 9, "Natural Environment." SMPP69 Develop standards, buffers, and mitigation requirements for designated critical areas in the shoreline consistent with city-wide regutations. Goal SMPGl l Assure preservation of unique and non-renewable natural resources and assure conservation of renewable natura! resources for the benefit of existing and f'uture generations and the public interest: Policies SMPP70 Ail new development and activity in or adjacent to shoreline areas shouid be designed, constructed, and operated as to avoid significant adverse impacts to ground or surface water quality. Use of state and local best management practices and guidance should be implemented to avoid significant adverse impacts to water qua(ity. SMPP71 Shorelines that aze of unique or valuab(e natural character shou(d be considered for acquisition. Subsequent management of such areas should protect or enhance shoreline ecological functions. SMPP72 Protection and conservation of vegetation within shore(ine areas should be managed through implementation of setback, clearing and grading, and mitigation standards for deveiopment activity. SMPP73 Resource conservation should be an integral Qart of shoreline planning. Ail future shoreline development should be planned, desigc►ed, and sited to minimize adverse impact upon the natural shoreline enviranment and ecological functions. SMPP74 Scenic and aesthetic qualities and ecological functions of �„ EXH�611` � -- , � ��GE te �-,�F �� . FWCP — Chapter Eieven, Shordine Master Program shorelines shou(d be recognized and preserved as valuable resources. a. When appropriate, natural flora and fauna should be preserved. b. In shoreline areas, the natural topography should not be substantially altered. c_ Shoreline structures should be sited and designed to minimize view obstruction and shouid be visually compatible with the shoreline character. d. Wildlife and aquatic habitats, including spawning grounds, should be protected. SMPP75 Resources should be managed to enhance the environment and prevent a net toss of shoreiine ecologica.l functions. a. Shoreline in-water and over-water activi#ies and development should be planned, constructed, and operated to minimize adverse effects on the natural processes of the shoreline, and should maintai� or enhance the quality of air, soil, natural vegetation, and water on the shoreline. b. Use or activity which substantia(ly degrades the natura( resources or ecologicat functions of the shore(ine should not be allowed without mitigation as required by SMP regulations and EWRC Titie 14, "Environmentai Policy." SMPP76 Criticai salmonid habitats, including saltwater and freshwater habitat used by Pacific salmonid species, support valuable recreational and commercial fisheries and should be protected for their importance to the aquatic ecosystem, as well as state and local economies. 20„ a_ Non-water-dependent and non-water-related uses, activities, structures, and landfilis shou(d not be located in criticat salmonid habitats. b. Where uses, activities, structures, and tandfiils must locate in critical salmonid habitats, impacts on these areas should be lessened to the m�imum extent possible. Significant unavoidable impacts should be mitigated by creating in-kind replacement habitat near the project where feasible. Where in-kind reptacement mitigation is not feasible, rehabilitation of out-of-kind or off site degraded habitat should be required. Mitigation proposals should be deveioped in consuttation with the City, the State Department of Fish and Witdiife, and any a�ected Indian Nations. c. Devetopment that is outside critical salmonid habitats that has the potentiat to significantly affect said habitats should be iocated and designed as to not create significant negative impacts to said habicats. d. Whenever feasible, bioengineer'mg should be used as the bank protection technique for alt streams considered to have critical salmonid habitat. e. Whenever feasible, open pile bridges should be used for all water crossings over areas considered critical salmonid habitat. f. Impervious surfaces should be minimized in upland developments to reduce stormwater runoff peaks. Structures and uses creating significant impervious surfaces should inctude stormwater detention systems to EXHi���` �- t --�_: PAGE i1_."�F 2� FWCP —�apter Eleven, Shordine Masier Program reduce stormwater runoff peaks. g. The discharge of silt and sediments into waterways shall be minimized during in-water and upland constructioa h. Adopt-A-Stream programs and similar efforts to rehabiiitate critical salmonid habitats shouid be encouraged. i. Fishery enhancecnent projects should be encouraged where they will not significantty interfere with other beneficial uses. j. Project proponents should contact the Habitat Division of the State Departrnent of Fish and Witdlife and affected [ndian Nations eariy in the developtnent process to determine if the proposal wili occur in or adjacent to critical salmonid habitat. k. When reviewing permits for uses, activities, and structures proposed in, over, or adjacent to marine waters, streams, wetlands, ponds connected to streams, or any other shoreline area, City staff shou(d contact the Habitat Division of the State Department of Fish and Wildtife to determine if the proposal wi(t occur in or affect any adjacent critical habitats. Staff should also contact affected Indian Nations. SMPP77 Use the City's established permit tracking program to periodicaily evatuate the effectiveness of the SMP for achieving no net loss of shoretine ecological functions with respect to shore(ine permitting and exemptions. Prepare an evaluation report every seven years when the SMP is required to be updated under RCW 90.58.080(4). Goal SMPG12 Deve[op regional solutions with other jurisdictio»s, tribes, and interested parties to reso[ve the challenge of protecting shoreline ecological functions, while also managing shoreline developments. Policies SMPP78 Continue work with the State, King County, Watershed Resource Inventory Area (WRIA) 9 Steering Committee, and other governmentat and non- governmental organizations to explore how local governments can contribute to the preservation and restoration of ecoiogical processes and shoreline functions. SMPP79 Continue work with the WRIA 9 forum to restore shoreline habitats and seasonal ranges that support tisted endangered and threatened species, as well as other anadromous fisheries. Goal SMPG13 Pursue projects to restore and enhance shoreline habitats and processes on publicly owned lands. EXH1B1�` � _ 2� � _ 20�, -• FW� — Chapter Eieven, Shoreline Master Program Policies SMPP80 Prioritize enhancement and restoration efforts at public parks and open space lands. SMPP81 Work with owners of other publicly-owned land, such as Washington State Parks, to encourage restoration and enhancement projects, including funding strategies. SMPP82 Work with the public and other interested parties to prioritize restoration opportunities identified in Shoreiine Inventory and Characterization Report and SMP Restoration Plan. SMPP83 Promote vegetation restoration, and the control of invasive weeds and nonnative species to avoid adverse impacts to hydrology, and to reduce the hazard of slope fai(ures or accelerated erosion. SMPP84 Develop a program to implement restoration projects, including funding strategies. SMPPSS Monitor and adaptively manage restoration projects. Goal SMPG14 Encourage voluntary restoration projects on private property in degraded shoreline environments. Policies SMPP86 Create incentives that wi!( make it economically or otherwise attractive for development proposais to integrate shoreline ecological restoration into development projects. SMPP87 Encourage protection, enhancement, or restoration of native riparian vegetation through incentives and non-regulatory programs_ SMPP88 Promote bicengineering and/or soft engineering a(ternative design approaches to shoretine stabitization and provide technical guidance to shoreline landowners. SMPP89 Estabiish public education materials to provide shoretine landowners technical assistance about the benefits of native vegetation ptantings. Goal SMPG15 Provide ampie opportunity for the public to learn about the ecotogical aspects and community va(ues of the City's shoretines. G/�i�ll��� � e�� �„ �'AG � 9 � z� � �YVCP — Chapter Eleven, Sfioreline Master Program Poticies SMPP90 Explore opportunities with other educational organizations and agencies to devetop an on-going program of shoreline education for all ages. SMPP91 Identify areas where kiosks and interpretative signs can enhance the educationat experience of users of the shoreline. SMPP92 Develop strategies to fund identified educational and interpretive projects. l l.8 Historic and Cultural Resources Element This element addresses identification and preservation of historic and cultural resources that are (ocated in or associated with Federal Way's shorelines. Such resources may inc(ude historic structures or buildings, historic use or activities in the shoreline, and archaeological resources. Goal SMPG16 Ident�, protect, preserve, and restore important archaeological, historical, and cultural sites located in or associated with Federal Way's shorelines for scientific and educational purposes. Policies SMPP93 Manage cuttural and historic resources in the shoreline consistent witfi city- wide policies for treatment of such resources in the F WCP. SMPP94 Recognize that shore(ine areas are of moderate to high probabiiity for archaeologicat resources and require appropriate review and site investigation for proposed development or modifications. l l.9 Circulation Element T'his element deats with the location and extent of existing and proposed thoroughfares, transportation routes, and other public facilities; and coordinating those facitities with shoreline uses. Goal SMPG17 Circulation systems in shoreline areas should be limited to those that are shoreline dependent or would serve shoreline dependent uses, or those that �„ � �� i ��� 4k _�.� �aGE� �-.�F z� FlNCP — Ct�ter Eleven, Shoreline Master Program must pass through shoreline areas. The environment shal! be protected from any significant adverse effects of circulation systems required in shoreline areas. Policies SMPP95 New surface transportation development should be designed to provide the best possible service with the least possibie infringement upon shoreline areas. a. New transportation facilities and improvements to existing faci(ities that substantial(y increase levels of air, noise, odor, visual, or water pollution shouid be discouraged, un(ess benefits of the faciiity outweigh costs. b. Transportation corridors shou(d be designed to hannonize with the topography and other natura( characteristics of the shoreline through which they traverse. c. New surface transportation facilities in shoreline areas shou(d be set back from the ordinary high water mark far enough to make unnecessary such protective measures as rip-rap or other bank stabilization, landfili, bu(kheads, groins, jetties, or substantial site regrade. d. New transportation facilities crossing lakes, streams, wettands, or other criticai areas should be encouraged to locate in existing corridors, except where any adverse impact can be minimized by selecting an altemate corridor. e. Shoreline circutation systems shou(d be adaptable to changes in technology. SMPP96 Circulation systems should be located and attractive(y designed so as not to unnecessarily or unreasonabty poliute the physical environment, or reduce the benefits peopte derive from their property. a. Motorized vehicular traffic on beaches and other natural shoreline areas shall be prohibited. b. Transportation facilities providing access to shoreline developments should be pianned and designed in scale and character with the use proposed c. New transportation facilities should minimize totat impervious surface area by generatiy being oriented perpendicular to the shoreline where topographic conditions wilt allow. SMPP97 Circuiation systems should be designed to enhance aesthetic experiences through creating shoreline vista and access points and encouraging alternative modes of transportation. SMPP98 New transportation developments in shoreline areas should provide turnout areas for scenic stops and off road rest areas where the topography, view, and natural features warrant, consistent with the pub(ic access and recreation policies. �X�--� � ���`��- -- ___�____: �., �o„ � �-� � �' 2 (o , FWCP - Chapter Eleven, Shoreline Master Program SMPP99 Shoreline roadway corridors with unique or historic significance, or of great aesthetic quality, should be retained and maintained for those characteristics. SMPP100 Shoretine circulation routes should provide for non-motorized means of travel and shouid incorporate multimodaf provisions where public safety can be assured. SMPP101 The existing system of pedestrian ways, bikeways, and equestrian ways in the City should be extended to provide safe access to pubiic parics located on the shoreline. SMPP102 Shoreline roadways should have a high priority for arterial beautification funds. SMPP103 Regionatly significant pedestrian and bicycle facilities and amenities along shoreline circu(ation routes should be pursued in partnership witfi other agencies. SMPP104 Pedesirian access should be built where access to public shorelines is desirable and has been cut off by iinear transportation corridors. New linear facilitie$ shou(d enable pedestrian access to public shorelines where access is desirabte. SMPP105 Transportation and uti(ity facilities should be encouraged to coordinate joint use of rights-of-way and to consolidate crossings of water bodies when doing so can minimize adverse impact to the shoreline. 11.10 Shoreline Environmen#s Intent In order to more effectivety implement the goals, objectives, and policies of this master program and the SMA, the shorelines of the state within Federal Way have been categorized into three separate environment designations. The purpose of these designations is to differentiate between areas whose geographical features, ecoiogica( functions, and existing development pattern imply differing objectives regarding their management, use, and future development. Each environment represents a particular emphasis in the type of uses and the extent of development that should occur within it The system is designed to encourage uses in each environment, which enhance the character of the environment while at the same time requiring reasonable standards and restrictions on deveiopment so that the character of the environment is not destroyed. The determination as to which designation shouid be given to any specific shoreiine area has been based on, and is reflective of, the existing development pattem; the biophysical capabitities and timitations of the land; and the goals and aspirations of the toca( citizenry. �������� - : � �„ �'/qGE ��� OF 2.� FWCP — Chapter Eieven, Shoreline Master Program Each environment designation inc(udes: (i ) a purpose statement which clarifies the meaning and intent of the designation; (2) criteria to be used as a basis for classifying a specific shore(ine area with that environment designation; and (3) detailed management policies designed to guide management decisions and deve(opment consistent with the character of the environment. Shoreline Residential Purpose The purpose of the "Shoreline Residentiai" environment is to accommodate residentiat development and appurtenant structures that are consistent with SMP Guidelines—WAC 173-26-21 t(Sx�. An additional purpose is to provide appropriate public access and recreational uses. Criteria The Shoreiine Residentiai environment designation is assigned to shoretine areas inside the City of Federal Way and the City's Potential Annexation Area (PAA) if the areas are predominantly single-family or multi-family residential devetopment, or are planned and platted for residential development. Management Policies 1. Residential uses shall be the primary use. Devetopment and redevelopment activities sha(! be focused within already developed areas. 2. Standards shal( be developed and implemented for density or minimum frontage width, setbacks, lot coverage (imitations, buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality. These standards shall ensure that new development does not resu(t in a net loss of shoreline ecotogical functions or further degrade other shoreline vatues, taking into account the environmental limitations and sensitivity of the shore(ine area, the (evel of infrastructure and services availab(e, and other compre.hensive planning considerations. 3. Multi-famiiy and mutti-lot residentia( and recreational devetopments sha(i provide public access and joint use for community recreational facitities: 4. Al1 residentiai deveiopment shati occur in a manner consistent with the po(icies tisted under SMPG2 of the shoreline use element. Urban Conservancy Purpose The purpose of the "Urban Conservancy" environment is to protect and restore ecological functions of open space, �iood plain, and other sensitive lands where they exist in urban and deveioped settings, while al(owing a variety of compatible uses. 5` ` � " a !� ����`_����� -------__�,:^ 20» • ���E�.��-�.�F 2� . FWCP - Chapter Eleven, Shoreline Master Pragram Criteria The Urban Conservancy environment designation is assigned to shoreline areas appropriate and ptanned for development that are compatib(e with maintaining or restoring the ecologicat functions of the area that are not generally suitable for water-dependent high- intensity uses_ The Urban Conservancy environment is applied to shorelines if any of the fo(lowing characteristics apply: 1. They have open space, flood plain, or other sensitive areas that should not be more intensively deveioped; 2. They have potential for ecological restoration; 3. 'They retain important ecologicat functions, even though partially developed; or 4. They have the potential for development that is compatible with ecological restoration. Management Policies Residential, recreationa(, commercial, and pub(ic facility uses shouid be ailowed, provided they preserve the natura( chazacter of the area or promote preservation of open space, flood plain, bluffs, or sensitive lands either direct(y or over the long term_ Water-oriented uses should be given priority over non-water-oriented uses. For shoreline areas adjacent to commercially navigabte waters, water-dependent uses shou(d be given highest priority. Uses that result in restoration of ecological functions should be allowed if the use is otherwise compatible with the purpose of the environment and the setting_ 2. Standards shouid be developed and implemented for management of environmentally sensitive or designated critica( areas to ensure that new development does not resuit in a net loss of shoreline ecologica( functions, or further degrade other shoreline values. Devetopment standards shou(d be deve(oped and implemented for density or minimum frontage width, setbacks, lot coverage limitations, buffers, shoretine stabilization, vegetation conservation, critical area protection, and water quaiity. 3. Public access and pubtic recreation objectives shoutd be implemented whenever feasible and significant eco(ogicai impacts can be mitigated. 4. To enhance the waterfront and ensure maximum pubiic use, commercial or office facilities should be designed to permit pedestrian waterfront activities�consistent with public safety, security, and protection of shoreline ecological functions_ 5. Aesthetic considerations shouid be actively promoted by means of sign control regutations, architectural design standards, landscaping requirements, and other such means. �„ ���1��i� � ��C;�"-�..OF� FWCP - Chapter Eieven, Shoreiine Master Program Naturai Purpose The purpose of the "Naturat" environment is to protect those shore(ine areas that are retatively free of human influence, or that include intact or minimally degtaded shoreline functions intolerant of human use. These systems require that only very low intensity uses be attowed in order to maintain the ecologicat functions and ecosystem-wide processes. Consistent with the policies of the designation, the City of Federal Way shou(d include planning for restoration of degraded shoretines within this environment. Criteria A Natural environment designation shou(d be assigned to shoreline azeas if any of the foilowing characteristics apply: (A) the shoreline is ecological(y intact and therefore, currently performing an important, irrep(aceable function or ecosystem-wide process that would be damaged by human activity; (B) the shore(ine is considered to represent ecosystems and geo(ogic types that are of particutar scientific and educationat interest; or (C) the shoreline is unable to support new development or uses without significant adverse impacts to eco(ogical functions or risk to human safety. Management Policies 1. Any use that would substantially degrade the ecological functions or natural character of the shoreiine area sha(( not be altowed. 2_ The following new uses shall not be allowed in the Natural environment: - Commercial uses, • Industriai uses; • Non-water-oriented recreation; and • Roads, utility corridors, and parking areas that can be {ocated outside of the Naturai designated shorelines. 3. Sing(e-family residential development may be allowed as a conditionai use if the density and intensity of such use is timited as necessary to protect ecological functions and be consistent with the purpose of the environment. 4. Scientific, historical, cu(tural, educational research uses, and (ow-intensity water- oriented recreational access uses may be allowed provided that no significant ecological impact on the area witl result 5. New development or significant vegetation removal that wouid reduce the capabitity of vegetation to perform norma( ecologica( functions should not be a(lowec�. Do not al(ow the subdivision of property in a configuration that, to achieve its intended purpose, wili require significant vegetation removal or shoretine modification that adversely impacts eco(ogical functions. That is, each new parcel must be able to support its intended deveiopment without sigciificant ecological impacts to the shoreline ecological functions. EXH i B1T � � ,...�: 20,� � s x� � 2 � � .�,�,.; f t a. �' � � ;�, +�t. Y 1L. x '>" � ; wv4 4 � ? a. 4 e f3" - �I . � . . .. . 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CITV OF . `� ��f ' M��tQn , . g : �► Federal Wa , , ,rr.�.....� Y , ' . y ... . . . • • � + �. +c • w s • r ♦ .r �.. • • e ♦ • R -�- ♦ • • • • • • .. . r y t �+a, � �: � .: , .. .': �,�� . , Edgew �. ' ' ��� :__. and is sim a groph'crepre e�t t or�anties, . � �, SECTION 5 - SHORELINE REGULATIONS (Title 15 FWRC Shoreline Management) Chapter 15.05 SHORELINE MANAGEMENT Sections: Article I. Generally 15.05_010 15.05.020 15.05.030 Purpose and authority. Jurisdiction. Additional de�nitions. Articie II. Shoreline Regulation 'f 5.05.040 15.05.050 15.05.060 15.05.070 9 5.05.080 15.05.090 15.05.100 General development standards. Shoreline modifications_ Environmental designations. Summary of Uses, Approval Criteria, and Process. Shoreiine residential environment. Urban conservancy environment. Natural environment. Article Ill. Administrative Procedures 15.05.110 Shoreline management permit and enforcement procedures, adoption by 15.05.120 9 5.05.130 15.05.140 15.05.150 15.05.160 15.05.170 15.05.180 15.05.190 15.05.200 15.05.2'! 0 15.05.220 reference. Permit processing and public notice. Shoreline exemption. Application �equirements. Shoreline substantia! development permi#. Shoreline variance_ Conditional uses. - Final approval of shoreline permits. Combined hearing authority. Appeals. Permit revisions. Replacemen#, alteration, or reconstruction of nonconforming use o� development. 15.05.230 Shoreline environment redesignation. 15.05.240 Amendments to this chapte�. ����8�� , ;�' �����OF Page 1 of 71 City of Federal Way SMP — Tide 15 Shoreline Management Passed by Resolution 1 Q-597, October 19, 2090 with Ecology requir�ed changes Chapter 15.10 CRITICAL AREAS Sections: Article I. Generally 15.10.010 Purpose. 15. 9 0.020 Appiicable provisions. 15.10.030 Jurisdiction_ 15. 9 0.040 Other authofity and jurisdiction. 15.10.050 Liability. Article t!_ Administration 15.10.060 15.10.070 15.10.080 15.10.090 15.10.100 15.10.110 Administ�ation. Maps adopted. Basis for determination. Bonds. Dedication. Certain activities not subject to critical area standards_ Article III. General Site Design Requirements 15.10.120 15.90.130 15.10.140 15.10.150 Responsibility of applicant Vehicle ci�culation areas. Time limitation: Other requirements. Article IV. Geologically Hazardous Areas Development 15.10.160 Limitations. Article V. Streams 15.10.970 15.10.180 95.90.190 15.10.200 15.10.210 15.10.220 15.10.230 Stream setbacks. Relocation. Culverts. Removal of streams from culverts. Rehabilitation. Intrusion into stream setbacks. Additional requirements fo� clearing and grading. Article VI. Regulated Wetlands `� � '' EXHiBII` �- 15.10.240 Determination of wetland and regulated we#land. ��G� ��� 15.10.250 Wetiand categories and standard buffers. Page 2 of 71 City of Federal Way SMP — Title 15 Shor�line Managemenf Passed by Resolution 10-597, October 19, 2010 with Ecology required changes 15_ 10.260 Structures, improvements, and clearing and grading within regulated wetlands. 15.10.270 Structures, improvements, and clearing and grading within reguiated wetland buffers. Article VI1. Critical Aquifer Recharge Areas and Wellhead Protection Areas 15.10 280 Limita#ions. 15.10.290 Classification of wellhead capture zones. 15.10.300 General requirements. 15.10.310 Prohibited activities in Wellhead Capture Zone 1. 15.10.320 Regulation of faciiities handling and storing hazardous materials. 15_ 10.330 Performance standards. 15.10.340 Use of pes#icides, herbicides, and fertilizers in criticai aquifer recharge areas and wellhead protection areas. Chapter 15.15 FLOOD DAMAGE PREVENTION Sections: Article I. Generaliy 15.15.010 Purpose_ 15.15.020 Adoption of state and federal statutes and regulations. 15.15.030 Me#hods of reducing flood losses. 15.15.040 Definitions_ 15.15.050 15.15.060 15_ 15.070 15.15.080 15.15.090 15.15.100 15.15.i10 15.15.120 15.15.130 15.15.140 15.15.150 '15.15.160 15.15.170 Article II. Provisions General provisions. Permits. Use of other base flood data (in A and V zones). Information to be obtained and maintained. Alteration o# watercourses. Conditions for flood variances. Provisions fo� flood hazard reduction. Subdivision proposals. Review of building permits_ Specific standards. AE and A1-30 zones with base flood elevations but no floodways. Floodways. Critical facility. ��H�BI1` � � �. �A�E � OF..1�„ Page 3 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 90-597, October 19, 2010 with Ecology required changes Chapte� 15.05 SHORELINE MANAGEMENT Article I. Generally 15.05.010 Purpose and authority. The city adopts these reguiations under the authority of the Shoreiine Management Act of 1971, Chapter 90.58 RCW, as amended, and the Shoreline Management � Guidelines, Chapter 173-26 WAC. The director of the department of community development has the authority to adopt rules and regulations to carry out tfie provisions of this title and has the autho�i#y to administer and enforce this title and any such rules and regulations. 1# is unlawfu! to violate o� fail to comply with any provision of this titie or any such rule or regulation. (Ord. No. 09-597, § 50, 1-6-09; O�d. No. 99-355, § 3, 1'l-16-99; Ord. No_ 98-323, § 3, 12-1-98; Ord. No. 90-38, § 1(24.10), 2-27-90. Code 2001 § 18-161.) 15.05.020 Jurisdiction. (1) The provisions of this a�ticle shall apply to ali development proposed within the areas defined as "shorelines" in RCW 90.58.030(2)(d), and "shorelines of state-wide significance" in RCW 90.58.030(2)(e), and "shorelands" in RCW 90.58.030(2)(fl; see 15_05.030, Additional definitions. The approxima#e location of these shorelines shafl be designated on maps maintained by the department of comrnunity development; however, the prope�ty owner or applicant shall be responsible for determining the specific location of the shoreline jurisdiction on the subject property when a permit is fled. The city shall be responsible for verifying shoreline jurisdiction. Washington Depar#ment of Ecology may be contacted to delineate the ordinary high water mark (OHWM) on a subject property as per its authority and responsibilities ou#iined in RCW 90.58.030(2)(�- (2) No development shall be undertaken by any person on the shorelines of the state without ob#aining a shoreiine permit from the department of community developmen#, or an authorized s#a#ement of exemption per WAC 173-27-040 and for deveiopments exempted by RCW 90.58.140(9) and (10). (3) All proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW, the Shoreline Management Act, and the City of Federal Way Shoreline Mas#er Program whether or not a permit is required. (Ord. No. 99-355, § 3, 11-96-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 90-38, § 1(24.30.10, 24.30.20), 2-27-90. code 2001 § 18-162.) 15.05.030 Additional definitions. Unless otherwise defined in this chapter, the defnitions contained in this section, FWRC Ti#le 15, Chapter 90.58 RCW, Chapter 173-26 WAC and Chapters 173-27 WAC, Chapter 19.05 FWRC or FWRC '! .05.020 shal! apply in that order. "Act" means the Washington State Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended. "Amendment" means a revision, update, addition, deletion, and/or reenactment to the Federal Way shoreline master program. "Aquaculture" means the farming or culturing of food fish, shellfish or other aquatic plants and animals in streams, inlets, and other natural or artificial water bodies_ Activities include the ha#ching, cultivating, planting, feeding, raising and harvesting of Page 4 of 71 City of FederaJ Way SMP - Title 15 Shor �i�f � Passed by Resolution 10-597, October 99, 2010 with Ecolog �jg -- `� �AGE�.OF�. aquatic plants and animals, and tfie maintenance and construction of necessary equipment, buildings, and growing areas. Cultivation methods include but are not limited #o fish pens, fish traps, or other simila� apparatuses. "Average grade level" means, fo� structure built on land, the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure. In the case of structures to be built over the water, "average grade level" shall be the elevation of the ordinary high water mark (OHWM). Caiculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed buitding or structure. "Backshor�e" means a berm, together with associated marshes or meadows, on marine sho�es landward of the ordinary high water mark which is normally above high �tide level and has been graduatly built up by accretion. "Bank" means a steep rise or slope at the edge of a body of water or water course. "Beach nourishment" means the artificial replenishing of a beach by delivery of materials dredged or excavated elsewhere. "Ber�n"means a ledge or shoulder consisting of mounded earth or rock. aBoating facility" means a facility or structure providing access in and out of the water for vessels, such as a launching ramp, rails, or lift station open to the public. For purposes of the Shoreline Master Program, boating facilities do not include docks, piers, moorage piles, mooring buoys, or floats associated with single-family residences or othe� joint-use s#ructures not accessible to the pubiic. "Breakwater" means an off-shore structure, either floating or not, which may or may not be connected to the sho�e, such structure being designed to absorb and/or reflect back into the water body tMe energy of the waves. "Bu/khead" means a wali, seawall, embankment, or other structure erected at or near the OHWM and roughly paraliel to the shoreline that retains or prevents sliding or erosion of land or protects land and/or structures from wave or current action. "BlufP' means a steep slope which abuts and rises from Puget Sound. B1uffs contain slopes predominantiy in excess of 40 percent, although portions may be less than 40 percent. The toe of the bluff is the beach of Puget Sound. The top of a bluff is typically a distinct line where the slope abruptly levels out. Where there is no distinct break in slope, the slope is either the line of vegetation separating the unvegetated slope from the vegetated uplands plateau or, when the bluff is vegetated, the point where the biuff slope diminishes to less than 15 percent. "CommerciaJ use" means the uses allowed in the commercial zones and the nonindustria! uses permitted in the commercial enterprise zone. "Conditiona! use" means a use, development, or substantial development which is ciassified as a sho�eline conditional use or is not classified within the shoreline master program. "Critical salmonid habitats" mean fiabitats tha# are used by Pacific saimonid species that migrate between fresh water and salt water during their life cycle. These habitats include: (1) Gravel bottomed streams used for spawning; {2) Streams, lakes, and wetlands used for rearing, feeding, and cover and refuge from predators and high waters; .� —� . (3) Streams and salt water bodies used as migration corridors; EXH���� �A�� � �F ��. Page 5 of 71 City of Federa! Way SMP — Tide 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes {4) Shailow areas of salt wa#er bodies used for rea�ing, feeding, as weli as cover and refuge from predators and currents, including, but not limited to, forage fish habitats such as sandy beaches and eelgrass beds; and (5) Pocket estuaries including stream mouths and deltas where fresh water mixes with sait water and provides rearing habitat for juvenile salmonids_All saltwater shorelines in Federal Way a�e critical salmonid habitats. "DepartmenY' means the department of community development services, unless the con#ext indicates otherwise_ "Development" means a use consisting of the construction or exterior alteration of stnactures; dredging; drilling; dumping; filli�g; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstnactions; or any project of a permanent or temporary nature which in#erfe�es with the normal public use of the surface of the waters overlying lands subjec# to the Shoreline Managemen# Act (RCW 90.58) at any state of wate� level. "Dock" means all platform structures floating upon water bodies and connected to iand to provide moorage or landing for waterborne pleasure craft. "Oredging" means the removal of earth from the bottom of a stream, ma�ine water body, lake or o#her water body for the purposes of deepeni�g and/or maintaining a navigationa! channeL "Drift cell" (also referred to as "drift sector," or "littoral celP') means a pa�ticular reach of marine shore in which littoral drift may occur without significant interruption and which contains any natu�a! sources of such drift and also accretion shore forms created by such drift. "Ecological functions" means #he work perFormed or rote played by the physical, chemical, and bialogical p�ocesses in the shoreline that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. "Ecosystem-wide processes" means the suite of naturafly occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions. "Exemptions" means those development activities which are not required to obtain �a Substantiai Development Permit, but which must obtain an authorized statemen# of exemption and which must otherwise comply with applicable provisions of the Shoreiine Management Act and the city's local shoreline master program. "Fair mari�et value" means #he open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, senrices, and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and faciiity usage, transpo�tation and contractor overhead, and profit. The fair market vaiue of the development shall include the fair market value of any donated, contributed or found labor, equipment, or materials. "Feasible" means that an action, such as a development project, mitigation, or preservation requirement, meets a!I of the following conditions: (1) The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances tha# such approaches are currently available and likeiy to achieve the intended results, (2) The action provides a reasonable likeiihood of achieving its intended purpose; and ,� , Page 6 of 71 City vf Federal Way SMP - Title 15 � c��� a�ement $,...._,,,,�• Passed by Resolution 10-597, October 19, 2010 with Eco og re u� change - �• ����_._.��� 1 . (3) The action does not physically preclude achieving the project's primary intended legal use. !n determining an action's feasibility, the reviewing agency may weigh the action's relative public costs and public benefits considered in the short- and long-term time frames. "Fill" means the addi#ion of soil, sand, rock, gravel, sediment, ea�th retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the eleva#ion or c�eates dry land. ��, �FloaY' means a structure or device which is not a breakwater and which is moored, ' anchored, or otherwrise secured in the waters of Federal Way, and which is not connected #o the shoreline. "Floodplain" means one hundred-year flood plain and means that land area susceptible to inundation with a one percent cha�ce of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the Act. "Geologically hazardous areas" means areas which because of their susceptibility to erosion, land-sliding, seismic, or other geological events are not suited to siting commerciat, residentiai, or industrial development consistent with public health or safety concems. Geologically hazardous areas include the following areas: (1) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to natural agents such as wind, rain, splash, frost action, or stream flow. (2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of a mass of soil or rock including, but not limited to, the following areas: (a) Any area with a combination of: (i) Slopes greate� than 9 5 percent; (ii) Permeable sediment, predominately sand and gravel, overlying relatively impermeable sediment o� bedrock, typically sil# and clay; and (iii) Springs or groundwater seepage. (b) Any area which has shown movement during the Holocene epoch, from 10,000 years ago to the present, or which is underlain by mass wastage debris of that epoch. (c) Any area potentialiy unstabie as a result of rapid stream incision, stream bank erosion, or undercutting by wave action. (d) Any area located in a ravine or on an active aQuvial fan, presentiy or potentially subject to inundation by debris flows or flooding. (e) Those areas identified by the United States Department of Agriculture Soii Conservation Service as having a severe limita#ion for building site development_ {fl Those areas mapped as class U(unstable), UOS (unstable old slides), and URS (unstable recent slides) by the Department of Ecology. (g) Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking. (3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of seismically induced ground shaking, stope failure, settlement or soil liquefaction, or surFace faulting. These conditions occur in areas underlain by cohesionless soils of low density usual(y in association with a shallow groundwater table. (4) Steep slope hazard areas are #hose areas with a slope of 40 percent or greater and with a vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance. A slope is delineated by estabiishing its #oe and top, and measured by averaging the inclination over at feas# 10 feet of vertical relief. ,,,� � Page 7 of 71 City of Feder�l Way SMP — TiNe 15 Shc r�e/yl��� __. Passed by Reso/ution 10-597, October 19, 2090 vvith Ecol�r�u��an����� "Geotechnica! �eport" or "geotechnica! analysis" means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology; the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes; conciusions and recommendations regarding the effect of the proposed development on geologic conditions; the adequacy of the site to be developed; the impacts of the proposed development; alternative approaches to the proposed development; and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down- current prope�ties_ Geotechnical reports shall conform to accepted technical standa�ds and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local shoreline geology and processes. �Grading" means the movement or redistribution of the soii, sand, rock, gravei, sediment, or other material on a site in a manner that alters the natural contour of the land. "Grnin" means a barrier type structure extending from the backshore into the water across the beach. The purpose of a groin is to interrupt sedime�t movement along the shore. "Height" means that distance measured from average grade level to the highest point of a structure: provided, that television antennas, chimneys, and similar appurtenances shall not be used in caicuiating height, except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shoreiines, or the applicable master program specifically �equi�es that such appu�tenances be included: provided further, that temporary construction equipment is excluded i� this calculation. "Jetty" means an artificial barrier used to change the natural littoral drift to protect iniet entrances from clogging by excess sediment. "Landslide"means an episodic downslope movement o# a mass of soil or rock that includes but is not limited to rockfalls, slumps, mudflows, and earthflows. "Littoral drift" means the natural movement of sediment along marine o� lake shorelines by waveaction in response to prevailing winds. "Major stream" means any stream, and the tributaries to any stream, which contains or supports, or under normal circumstances contains or suppo�ts, resident o� migratory fish. If there exists a natu�al permanent blockage on the stream course which precludes the ups#ream movement of anadromous salmonid fish, then that po�tion of the stream which is downstream of the natural permanent blockage shall be regulated as a major stream. "Marine" means pertaining to tidally influenced waters, including Puget Sound and the bays, estuaries, and inlets associated therewith. "Minor stream" means any stream that does not meet the definition of major stream. "Mooring buoys" means a floating object ancho�ed to the bottom of a water body that provides tie up capabilities for vessels. "Native Shoneline Vegetation" means trees, shrubs, and other plant species that a�e indigenous to a specific area or region. Plants native to western Washington are referenced in Flora of the Pacific Northwest {Hitchcock and Cronquist). Ornamental iandscaping and invasive species shall �ot be considered native shoreline vegetation. "Naturaln or "existing topography" means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavating or fiiling. ,/�� '']` '� Page 8 of 7i City of Federal Way SMP - Title 15 Shor��"11�A� s�eh� r __-�- Passed by Resolution 10-597, October 19, 2010 with Eco/ogy �y���nge � C�� ��° � "IVearshore" means either nearshore environment or nearshore habitat and refer generally to an area along the Puget Sound shoreline that extends from the top of bluffs or upland area immediately adjacent to the beach to #he point where sunlight penetrates marine waters to a depth where aquatic plant life is supported. "Nonconforming use" or "developmenY' means a shoreline use or development which was lawfully cons#ructed or established prior to the effective date of the Act or the applicable shoreline master program, or amendments thereto, but which does not conform to present regulations or standards of the shoreline master program_ "Non-water-oriented uses" means those uses that are not water-dependent, water- related, or water-enjoyment, and which have little or no relationship to the shoreline and are not considered priority uses under the Shoreline Management Act. Examples include professiona! offices, automobile sales or repair shops, mini-sto�age facilities, multi-family residential development, department stores, and gas stations_ "Ordinary High Water Mari� (OHWM)" means the mark on a11 lakes, streams, and tidal waters that will be found by examining the beds and banks and asce�taining where the presence and action of waters are so common and usual and so long continued in all o�dinary years as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation, as that condition existed on June 9,'I 971, as it may naturally change the�eafter, or as it may change thereafter in accordance with peRnits issued by a local government or the Department of Ecology. In any area whe�e the ordinary high water mark cannot be found, the ordinary high water mark adjoining saltwater shall be the line of inean higher high tide and the ordinary high water mark adjoining #reshwater shaN be the iine of inean high water. �Permit" means any substantial development, variance, conditional use permit, or revision authorized under Chapter 90.58.RCW. "Pier' means any fixed piatform structure upon water bodies that is supported by piies and connected to land. "Primary structure" means the structure associated with the principal use of the property. If more than one structure is associated with the principal use of the property, the one wi#h #he highest value shall be considered the primary structure_ � "Pub/ic access" means the general public's ability to view, reach, touch, and enjoy the water's edge and use the State's public waters, the water/land interface, and associated pubiic shoreline area. Public access also includes actual, physical, unobstructed access from land to the ordinary high water mark or adjacent sho�elands. "Public utility" means the facilities of a private business organization such as a public service corporation, or a governmental agency performing some public service and subject to speciai governmental regulations, the services which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water suppiy, electric power, telephone, cablevision, naturai gas, and transportation for persons and freight. The term also includes broadcast towers, antennas, and related facilities operated on a commercial basis. "Recreational development" means commercial and public facilities designed and used to provide rec�eational opportunities to the public. "Replacement structure" means the construction of a new structure to perform the same function as an existing stnacture that can no longer adequately senre its purpose. Additions #o or increases in size of existing structures shall not be considered replacement struc#ures. "Residential developmenY' means developments and occupancy in which persons sleep and prepare food, other than devetopments used for transient o ��-� � Page 9 of 77 City of Federal Way SMP - Title 15 S� line Man�age ne� � � Passed by Resolu6on 10-597, October 19, 2010 with Ecolc���changes �� _ J Residential development includes the creation of new residential lots through subdivision o# land. "Restorafion"means in the context of "ecological restoration," the reestablishment or upgrading o# impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive shoreline structures, and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline a�ea to aboriginal or pre- European settlement conditions. "Riprap"means a layer, facing, or protective mound o# angular stones randomly placed to p�event erosion, scour, o� sloughing of a structure or embankment; also, the stone so used. "Shal!" means a mandate; the action must be done. "Shorelands" also referred to as "shoreland areas", rneans those lands e�ending landward for two hundred feet in all di�ections as measured on a horizontal plane from the ordinary high water mark; floodways, and contiguous floodplain areas landward 200 feet f�om such floodways; and a!I wetlands and river deltas associated with the streams, iakes, and tida! waters which are subject to the provisions of this chapter; the same to be designated as to location by the Department of Ecology. "Shoreline administrator'means the director of the department of community development or his or her designee and is responsible for administering the Federal Way shoreline master program. "Shoreline environment designation" means the categories of shorelines of the state established by the City of Federa! Way shoreline management master program to differentia#e between areas whose features imply differing objectives regarding their use and future development. "Shoreline jurisdiction"means all �shorelines of the state" and "shorelands" as defined in the Federal Way shoreline master program and RCW 90_58.030. "Shoreline Master Program {SMP)"means the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020. "Shor+eline modifications" means those actions that modify the physical configuration or qualities of the sho�eline area, usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as clearing and grading_ "Shoreline stabilization" means structural and nonstructural actions taken to address erosion impacts to property, dwellings, businesses, or structures caused by natural shoreline processes such as currents, floods, tides, wind, or wave action. Expansion or enlargement of existing stabilization measures is conside�ed new stabilization. "Shoreline variance" means to grant relie# from the specific bulk, dimensionai, or performance standards in the local shoreline master program, but not a means to vary a "use" of a sho�eline. "Shorelines"means all of the wate� areas of the state, including reservoirs, and #heir associated shorelands, together with the lands underlying them; except (i) shorelines of statewide significance; (ii) shorelines on segments of streams upstream of a point where the mean annuai flow is twen#y cubic feet per second or less and the wetlands associated with such upstream segments; and {iii) shorelines on lakes less tt����tQ� acres in size and wetlands associated with such small lakes ��� a��� �"------ ---�';� �,���� � ° ��..�� Page 10 of 71 City of Federal Way SMP - 7itle 15 S o g�t Passed by Resolution 10-597, October 19, 2010 with Ecology required changes "Shorelines of statewide significance" means those areas of Puget Sound in the city of Federal Way lying seaward #rom the line of extreme low tide. "Shorelines of the state" means the total of a11 "shorelines" and "shorelines of statewide significance" within the city of Federal Way. "Should" means that the particuiar action is required unless there is a demonstrated, compeliing reason, based on policy of the Shoreline Management Act and this title, against taking the action. "SMA" means the Shoreline Management Act. "SMP" means the Shoreline Master Program. ' "Soft-shore bank stabilization" means the use of bioengineering or biotechnical bank stabilization measures where vegetation, logs, rock, and beach nourishment are used to address e�osion control and slope stability. "Stringline setback" means a straight iine drawn between the points on the primary structures having the greatest projection water ward on the two adjacent properties. If one of the adjacent properties is unimproved, the line shall be drawn to the point of the standard shoreline setback at the side property line of the unimproved lot_ "Substantial accessory structure" means non primary structures equal to or larger tfian 400 square feet and in good repair. "Vegetation conservation area" means an upland area adjacent to the ordinary high water mark or top of bluff where existing native vegetation and native t�ees shall be retained per the requirements of the Federal Way Shoreline Master Program. The width o# the vegetation conservation area is consistent with setback requirements for specific uses and shoreline environment designations. "Vessel" means ships, boats, barges, or any other floating craft which are designed and used for navigation and do not interfere with the normal public use of the water. "Water quality" means the physical characteristics of water within shoreline ju�isdiction, including water quantity, hydrological, physical, chemicai, aesthetic, recreation-related, and biological characteristics. Where used in this title, the term "water quantity" refers only to development and uses regulated under this chapter and affecting water quantity, such as impermeable surfaces and storm water handling practices. Water quantity, for purposes of this title, does not mean the withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340. "Water-dependent use" means a use or portion of a use which cannot exist in any other location a�d is dependent on the water by reason of the intrinsic nature of its operations. Examples of water dependent uses may include ship cargo te�minal loading areas, ferry and passenger terminals, barge loading facilities, ship building and dry docking, marinas, aquaculture, floa# plane facilities, and sewer outfalls. �INater-enjoyment use" means a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantia! number of . people as a general characteristic of #he use and which through iocation, design, and operation ensures the public's ability to enjoy the physica! and aesthetic qualities of the shoreline. In order to qualifiy as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of #he use that fosters shoreline enjoyment. . "Water-oriented use" means a use that is water-dependent, water-related, or wa enjoyment, ora combination otsuch uses. �,���5��----�-'--�"' Page 11 of 71 City of Federa! Way SMP — Title 15 Sho��� ��F . Passed by Resolution 90-597, Octobe� 19, 2010 with Ecology required changes "Water-relafed" means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic vitaiity is dependent upon a waterfront location because: (1) Of a functionai requiremen# for a waterfront location such as the a�rival or shipment of materials by water or the need for large quantities of water; or (2) The use provides a necessary service suppo�tive of #he water-dependent commercial activities and the proximity of the use to its customers makes its services less expensive and/or more convenient. Examples include professiona! services serving p�imarily water-dependent activities and storage of water- transported foods. "Wetland" means areas that are inundated or saturated by surface water or ground water at a frequency and duration su�cient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those a�tificial wetlands intentionaAy created f�om non-wetland si#es, including, but no# limited to, irrigation and drainage ditches, grass- lined swales, canals, detention faciiities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionalty created as a result of the construction of a road, street, or highway. Wetlands may include those a�tificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands. {Ord_ No. 09-593, § 19, 9-6-09; Ord. No. 99-355, § 3, 11-1fi-99; Ord. No. 98-323, § 3, 12-1-98. Code 2001 § 18-163_) Article ll. Shoreline Regulation 15.05.040 General development standards. ' The following general development standards appiy #o all uses and activities in ali I shoreline environments: � (1) Impact mitigation. '' (a) To the extent Washington State Environmental Policy Act of 1971 (SEPA), chapter 43.21 C RCW, is applicable, the anaiysis o# environmentai impacts from proposed shoreline uses or developments shall be conducted consistent with the rules implementing SEPA (FWRC 14.05.010 and WAC 997-11). Mitigation for adverse impacts to shoreline functions will be triggered during the SEPA review, shoreline land use permit process, or exemption approval process. . (b) Where required, mitigation measures shall be applied in the following sequence of steps listed in order of priority. {i) Avoiding the impact altogether by not taking a ce�tain action or parts of an action; {ii) Minimizing impacts by limiting the degree o� magnitude of the action and its impiemen#ation by using appropriate technology or by taking a�rma#ive steps to avoid or reduce impacts; (iii) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; (iv) Reducing or eliminating the impact over time by preserva�p,� ��°�` '�j maintenance operations; � -��� �'�� � �� C��`_ � � - Page 12 of 71 City of Federal Way SMP - Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes (v) Compensating for the impact by replacing, enfiancing, or providing substitute resources or environments; and (vi) Monitoring the impact and the compensation projects and taking appropriate corrective measures. (c) In determining appropriate mitigation measures applicable #o shoreline development, iower priority measu�es shall be applied only where higher priority measures are determined to be infeasible or inapplicable. (d) Required mitigation shall not be in excess of that necessary to assure that proposed uses or developmen# will result in no net loss of shoreline ecological functions. (e) Mitigation actions shali not have a significant adverse impact on other shoreline functions fostered by the policy of the Shoreline Management Act. (� When compensatory measures are appropriate pursuant to the mitigation priority sequence above, preferential considera#ion shall be given to measures that replace the impacted functions di�ectly and are located in the immediate vicinity of the impact. However, aiternative compensatory mitigation may be authorized if said mitigation occurs within the watershed and addresses limiting factors o� identified critical �eeds for sho�eline conservation based on watershed or comprehensive management plans. Authorization of compensatory mitigation measures may require appropriate safeguards, terms, or conditions as necessary to ensure no net loss of ecological functions. (2) Vegetation consenration. Existing shoreline vegetation shall be preserved per development standards established for eacfi shoreline environment designation. (3) Water quality/stormwater. All activities and development within the shoreline jurisdiction shali incorporate water poilu#ion control measures and best management practices (BMPs) for stormwater management_ Such measures shail add�ess both temporary impacts to water quality from construction activities as well as the need for permanent stormwater management facilities in compliance with the requirements and �estrictions of aH applicable cifiy and state regulations. {4) Critical areas. Activities and development in critical areas found within shoreline jurisdiction are required to comply with the development standa�ds outlined in Chapter 15.10 FWRC — Critical Areas and Chapter 15.15 FWRC — Flood Damage Reduction, for each area described below. (a) Any conflict between the standards outiined in Chapte� 15.10 FWRC or Chapter 15.95 FWRC and the SMP shall be resolved in favor of the standard that is most protective of the shoreline ecological functions. In addition to the development standards outlined in Chapter 15.10 FWRC and Chapter 15.15 FWRC, the following minimum requi�ements shall apply with regard to activities and development in critical areas found within shoreline jurisdiction: (i) Minimum setbacks from the OHWM established by this chapter shail be maintained in a!1 cases unless a shoreline variance is granted. (ii) When 'I 5.10.270 (Structures, improvements and c%arin_q and gradin_q within regulated wetland buffers), subsections (5) Wetland Buffer Reduction and (6) Modification are utilized for a proiect proposal, a shoreline variance permit is required if the overali proposed buffer width reduction exceeds 25 percent. � (b) Geologically hazardous areas. Regulated geologicaliy hazardous areas located in the shoreline jurisdiction include seismic hazard areas, landslide hazard areas, steep slopes, and erosion hazard areas. If a geologically hazardous area is located within the sho�eline jurisdiction, all activities on the site shail be in compliance Page 13 of 71 City of Federal Way SMP - Title 1�--S1�qrgli ����ement �j Passed by Resolution 10-597, October 19, 2014 with E�lak,�lr�q haHges~ ����-� ��������� with the requirements and restrictions of Articles I, I1, 111, and IV of Chapter 15.10 FWRC. In addition to the development standards outlined in Chapter 15.10 FWRC, the following shall apply with regard #o activities and development in geologicaily hazardous areas found within shoreline jurisdiction: (i) Creation of new lo#s shall be prohibited where development and use on new lots would cause a foreseeable risk from geological conditions during the life of the deve�opment. (ii) New development that causes risk from geologicai conditions should not be allowed. (iii) New development on sites wi#h steep slopes and bluffs is required to be set back sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the life of #he project as demonstrated by a geotechnical analysis. (c) Streams and wetlands. If a st�eam or wetland is located within the shoreline jurisdiction, al1 activities within the shoreline ju�isdiction shall be in compliance with the requirements and rest�ic#ions of A�ticles I, 11, III, V, and VI of Chapter 15.10 FWRC. (d) Flood damage neduction. If an a�ea of special flood hazard is located on or adjacent to a development site within shoreline jurisdiction, all activities on the site shall be in compliance with the requirements and restrictions of Chapter 15.15 FWRC. All activities allowed within the special flood hazard area by the requirements and restrictions of Chapter 15.15 FWRC shall not result in a net loss of ecological function. (e) Critical aquifer recharge areas and wellhead protection areas. If a critical aquifer recharge area or wellhead protection area is located within the shoreline jurisdiction, all activities within the shoreline jurisdiction shall be in compliance with the requirements and restrictions of Articles I, II, II1, and VI! of Chapter 15.10 FWRC_ (5) Critical salmonid habitats. All saltwater shorelines in Federal Way are critical salmonid habitats. Activities and development in criticai salmonid habitats found within the shoreline jurisdiction are required to comply with the following development standards, in addition to those contained in other sections of this chapter (a) St�uctures which prevent the migration of salmon and steelhead are prohibited. Fish bypass facilities shall allow the upstream migration of adult fish. Fish bypass facilities shall preven# fry and juveniles migrating downstream from being trapped o� harmed. (b) Shoreline modi#ication structures may intrude into critical salmonid habitats only where the proponent demons#rates all of the following conditions are met_ (i) An alternative alignment or location is not feasible; (ii) The project is designed to minimize its impacts on the environment; (iii) If the project will create unavoidable adverse impacts, the impacts are mitigated by creating in-kind replacernent habitat near the project_ Where in-kind replacement mitigation is not feasible, rehabilitating degraded habi#at may be required as a substitute. (iv) The project satisfies all provisions of FWRC 15.05.050 Shoreline modifications. (c) Open pile bridges are the preferred water crossing structures over critical salmonid habitats. !f a bridge is not feasibie, one of the following water crossing structures may be approved if the impacts can be mitigated: tempo�ary culverts, bottomless arch culverts, elliptical culve�ts, or other fish-passable round culverts. These structures are listed in priori#y order, with the first having the highest preference and the iast the lowest preference. ln order for a iower priority structure to be permitted, the Page 14 of 71 City of Federal Way SMP — Title �5 91G�a/�Lfiel �hg�.u�en�...--��,..��• Passed by Resolution i0-597, October 99, 2090 with E yyr change � �� a��' �,�� F �x�„ applicant must show the higher priority structures are not feasible. The project shail be designed to minimize its impacts on the environment. (d) Bridges and in-water utility corridors may be located in critical salmonid habitats provided the proponent shows that all of the following conditions are met: (i) An alternative alignment is not feasibie; (ii) The project is located and designed to minimize its impacts on the environment; (iii) Any alternative impacts are mitigated; and (iv) Any landfill is located landward of the ordinary high water ma�lc. Open piling and piers requi�ed to construct the bridge may be placed watenrvard of the ordinary high wate� mark, if no alternative method is feasible. When installing in-water utilities, the installer may be fequi�ed to place native materia! on the bed and banks of the water body or wetland to re-establish the preconstruction elevation and contour of the bed. The project shall be designed to avoid and minimize impacts on the environment. (e) Dredging in critical salmonid habitats shalt not be allowed unless the proponent demonstrates al! of the following conditions are met: (i) The dredging is for a water-dependent or water-related use; (ii) An alternative alignment or location is not feasible; (iii) The project is designed to minimize its impacts on the environment; (iv) The project is in the public interest; and (v) If the project will create significant unavoidabie adverse impacts, then the impacts are mitigated by creating in-kind replacement habitat near the project. Where in-kind replacement mitigation is not feasible, rehabilitating degraded habitat may be required as a substitute_ (� In-water dredge spoil disposal sites shall not be located in critical salmonid habitats. (g) FiNing, dumping, discharging (including discharging of stormwater), commercial or industrial was#e water, dredging, channelization, draining, flooding, disturbing the water level, duration of inundation or water tables, and other activities which negatively impact habitat are prohibi#ed in wetlands, ponds, and side channels which are associated with critical salmonid habitats. (h) Within critical salmonid habitats, permanent channel changes and realignments are prohibited. (i) The removal of aquatic and riparian vegetation within or adjacent to critical salmonid habitats shall be minimized. T�ees which shade side channels, streams, estuaries, ponds, and wetlands associated with critical salmonid habitats shall be maintained consisten# with the provisions of this chapter. Areas o# disturbed ea�th shall be revegetated. (j) Unless removal is needed to prevent hazards to tife and property or to enhance critical salmonid habita#s, large woody debris below the ordinary high water mark shali be left in the wate� to provide salmon and steelhead habitat. (6) Archaeological and historic resources. (a) If any archeological artifacts are uncovered during excavations in the shoreline, work must stop immediately and the City of Federai Way, the state Department of Archaeology and Historic Preservation, the Muckleshoot Indian Tribe, and the Puyallup Tribe o# Indians must be notified. {b) Proposals for ground disturbing activities in areas known to contain an historic, cultural, or archaeological resource(s) or highly suspected to contain Page 15 of 71 City of Federal Way SMP — Title 15 Sho�i�� nt Passed by Reso/ution 10-597, October 19, 2010 with Ecology u�re�c� a�nges � t !'��E�OF � a�chaeological artifacts and data shall require a site inspection and evaivation by a professional archaeologist or historic preservation professional, as applicable, prior to issuance of a pe�mi# or initiation of disturbance. The evaluation shall include recommendations for monitoring of potentially disruptive activities, data recovery, and/or mitigation measures if warranted. Cost for inspection and evaluation of the site will be the responsibility of the appiicant. (7) Public access. (a) In review of al! shoreiine permits or developments of more than four residential lots or dwelling units, or subdivision of land into more than four lots, or commercial development, or non-water dependent uses (including water-enjoyment and water-related uses) consideration of public access and joint use of community recreational facilities shall be required when: (i) The development would generate demand fo� one or more forms of public shoreline access; and/or (ii) The development would eliminate, �estrict, or otherwise impair existing legal access oppo�tunities o� rights. in tt�ese instances, public access shall be provided by the development in a form, as detailed by FWRC 15.05.040{7)(d) of this section, consistent in character with the existing public access that was eliminated, restricted, or otherwise impaired. (b) Requirements or conditions for public access shall be consistent with alf � relevant constitutional and other legal limitations on regulation of private property. (c) Public access requirements shall not be requi�ed when the applicant demonstrates that one or more of the following provisions apply: {i) Unavadable health or safety hazards to the public exist that cannot be preve�ted by any practical rneans; (ii) Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions; (iii) The cost of providing the access, easement, altemative amenity, or mitigating the impacts of public access is unreasonabty dispropo�tionate to the total long term cost of the proposed development; (iv) Sigr�ificant environmental impacts would result from the public access that cannot be mitigated; and/or (v) Significant undue and unavoidable conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated. (d) Public access shall consist of a dedication of land or a physica! improvement in the form of a walkway, trail, bikeway, corridor, viewpoint, parlc, or other area serving as a means of view and/or physical approach to shorelines of the state and may include interpretive centers and displays. (e) Public access locations shall be clearly marked with visible signage. (fl Public access provided by shoreline street ends, public utili#ies, and rights-of- way shall not be diminished (RCW 36.87.130). (g) Shoreline development by any public entities, including the City of Federal Way, state agencies, and pubtic utility districts, shall include public access measures as part of each development project, unless such access is shown to be incompatible due to reasons of safety, security, or impact to the shoreline environment or other provisions in this section. (8) Restoration Projects. (a)Resto�ation projects within #he shoreline environment consistent with WAC 173-27-080t2)(o) shai! be ailowed without a shoreiine substantial deve it; "�j Page i6 of 71 City of Federal Way SMP — Trtle 15 — � T ��� Passed b Resolution 10-597, October 19, 2010 with Eco +�i chan � Y ��� 9 ��,,,�._,�.m , �.�_:..� , � 1. -�— be reviewed #h�ough the shoreiine exemption review process; and be designed consistent with the development standards outlined in Chapter 15.10 FWRC — Critical Areas and the provisions of this chapter. (b) Approval of �estoration projects shall be based on a �eview o# a plan containing, at a minimum, an analysis of existing conditions, identification of the a�ea to be restored, proposed corrective actions, including installation of native species, performance standa�ds, monitoring schedule, planting plans, erosion and sedimentation control plans, and g�ading plans as necessary. (c) The shoreiine administrator shall require an applicant to retain the services of a quatified professional in preparing the restoration plan. Intrusions into regulated steep slopes and associated setbacks will be aAowed for purposes of approved restoration projects. {Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98, Code 2001 § 18-165) 15.05.050 Shoreline modifications (1) Shoreline stabilization. Sho�eline stabilization may be permitted in the shoreiine � residential environment. Hard armoring (e.g. bulkheads and riprap) is subject to a shoreline conditionai use permit in the urban conservancy environment. Soft-shore stabilization may be permitted in the urban conservancy environme�t. Shoreline stabilization p�oposals shall address the following: (a) Shoreline stabilization, including bulkheads, shall not be conside�ed an outright permitted use on the city's shorelines. in order for shoreline stabilization to be permitted the city must find that: (i) The appiicant shaH provide a geotechnical report, prepared by a quaaified professional, that estimates the rate of erosion and evaluates alternative solutions; and the urgency associated with the specific situation; and (ii) Soft-shore stabilization altematives such as slope drainage systems, • vegetative growth stabitization, gravel berms, and beach nourishment shall be prioritized over structural options such as bulkheads and riprap. The "softest" effective alternative shall be utilized; and (iii) 1n the case of proposed hard armoring stabiiization solutions (e.g. bulkheads and riprap), erosion from waves or currents presents a clear and imminent � (damage within 3 years) threat to a legally established primary structure, one or more substantial accessory structures, water-dependent development, ecological restoration/toxic clean-up remediation projects, o� public improvements; and (iv) In #he case of bulkheads and riprap, the proposed shoreline stabilization is located landward of the ordi�ary high water mark; and (v) The proposed shoreline stabilization is the minimum size necessary to protect existing improvements; and (vi) The applicant shall demonstrate that impacts to sediment transport are minimized to the greatest exten# possib�e; and (vii) Shoreline stabilization shall not have an adverse impact on the property of others and shall be designed so as not to create the need for shoreline stabiliza#ion eisewhere; and (viii) Shoreline stabilization shail not significantly in#erfere with normal surface and/or subsurface drainage into the water body and shali be constn.�cted using an approved filter cloth or other suitable means to allow passage of surface and . groundwater wi#hout internal erosion of fine material; and � {ix) Shoreline s#abilization shall not be used to create new I� "' ��"j` � � Page 17 of 71 City of Federal Way SMP — Tide 15 S orelin agemen �7 ' Passed by Resolution 10-597, October 19, 2010 with Ecol���►�ch�� �,_,�,P 1.�----_ �� (x) Use of chemically treated wood is prohibited for any shoreline stabilization proposal within freshwater lake shorelines; and (xi) Use of creosote treated wood is prohibited within marine shorelines; and (xii) Re-vegetation with native plants is required as pa�t of the shoreline stabilization project; and (xiii) Shoreline stabilization shall not otherwise result in a net loss of ecologica! functions. (b) When a bulkhead or other structural alternative is permitted subject to subsection (a) above, the following standards shall apply: (i) The maximum height of the proposed bulkhead or other stabiiization st�ucture is no more than one foot above the elevation of inean higher high water on tidal waters, or one foot in height above the elevation of ordinary high water mark on lakes, measured from grade on the waterward side of the bulkhead or structure; and (ii) When a bulkhead or other stabilization structure has de#eriorated such that the ordinary high water mark has been established by the presence and action of water landward of the existing bulkhead, then the replacement bulkhead or st�ucture must be iocated at or landward of the ordinary high water mark. (iii) Repair of an existing bulkhead or other stabilization structure is permitted provided that the repaired bulkhead or structure is not relocated fu�ther waterward or increased in height. (iv) if an existing bulkhead or other stabilization structure is destroyed it may be replaced as it existed prio� to destruction, provided application for required permits is made within one year of destruction. Additions to or increases in size of existing shoretine stabifiza#ion measures shaH be considered new structures. (v) Soft shoreline stabiliza#ion measures that provide restoration of shoreline ecological functions may be permitted waterwa�d of the ordinary high water mark. (vi) The project satisfies the provisions of FWRC 15.05.040(5)(b). (c) Creation of new lots shall be prohibited where development and use on new lots would require structural shoreiine stabilization over tfie life of the development. The foilowing standards shall apply to new development. (i) New development that would require shoreline stabilization which causes significant impacts to adjacent or down-current prope�ties and shoreline areas should not be allowed_ (ii) New development, including newly created parcels, a�e required to be designed and located to prevent the need for future shoreline stabilization as documented by a geotechnical analysis. (iii) New development on steep slopes and bluffs is required to be set back sufficientiy to ensure that shoreline stabilization is unlikely to be necessary during the life of the project as demonstrated by a geotechnical anaiysis. (2) Piers, docks, floats, and mooring buoys. Piers, docks, floats, and mooring buoys may be permitted in the shoreline residential and urban conservancy environments subject to the foilowing conditions (a) Public piers and docks shall only be allowed for water-dependent uses and public access subject to a Shoreline Conditional Use Permit and the following criteria: (i) Public's need for such a structure is clearly demonst�ated; (ii) The project including any required mitigation, wiil result in no net loss of ecologicai functions associated with critical saifinrater habitat; (iii) The project is consistent with #he state's in#erest in resource protection and species recovery; and �.,c � � � _�,p,,_ ..,. � � Page 18 of 71 City of Federal Way SMP — Trtle 15 S��li7fe anagement Passed by Resolution 90-597, October 99, 2010 with Ecok���cha�n , es �� � V (iv) Moorage at public docks is limited to recreational purposes and shaN not extend more than one 24-hour period. Pubiic docks may not be used for commercial or residential moorage_ (b) Residential piers, docks, floats, or mooring buoys may be permitted accessory to a single-family residence, or as common use facilities associated with a subdivision, sho�t subdivision, or multi-family development, in accordance with this chapter and the following limitations: (i). Residential mooring buoys are preferred over docks and piers on the Puget Sound shoreline. Applicants for a residential dock or pier on the Puget Sound Shoreline must demonstrate why a mooring buoy will not provide adequate moorage for recreational watercraft. (ii) No more than one pier, dock, float, or mooring buoy for each existing residential iot is permitted. � (iii) New residential developments of two or more units, subdivisions, or sho�t subdivisions shal! be limited to one shared dock or pier. (A) The total number of moorage spaces shall be limited to one moorage space for every dwelling unit up to four. For each two dwelling units after four, one additionai moorage space is permitted. (c) Ail docks and piers shall be subject to the mitigation requirements per FWRC 15.05.040{1) and wil! result in no net loss of ecological functions associated with critical salfinrate� habifat. A preliminary eelgrass survey as specified under the Army Corps of � Engineers, Regional General Permit, RGP 6 shall be required for new docks or piers on the Puget Sound shoreline. � (d) No dwelling unit may be constructed on a pier or dock. (e) No covered pier, covered dock, covered moorage, covered float, or other covered structure is permitted waterward.of the ordinary high water mark. (fl Piers, docks, mooring buoys, or floats shall meet the side and rear yard setbacks of the underlying zoning ctassification, except in the case of shared facilities, in which case no side yard setback is required_ {g) All piers, docks, mooring buoys, floats, or other such structures shail not, during the course of the normal fluctuations of the elevation of the water body, protrude more than five feet above the surFace of #he water. (h) Floats cannot rest on the tidal substrate at any time. Stoppers on the piling anchoring the floats or stub piling must be installed such tha# the bottom of the floatation device is at least one foot above the ievel of the substrate. (i) Any pier, dock, mooring buoy, or float must be constnacted out of materials that will not adversely affect water quality. Use of chemically treated wood is prohibi#ed in freshwater lake shorelines. Use of creosote treated wood is prohibited in marine shorelines. (j) Any new pier or dock must be located generally perpendicular to the shorefine, and oriented to minimize shading impacts to the maximum degree feasible. (k) Live-aboard vessels are prohibited. Moorage not associated with residential development may not extend greater than one 24-hour period without a lease from Washington Department of Natural Resources. (!) Pier and dock dimensions and grating, marine shorelines. (i) Where authorized by FWRC ?5.05, piers and docks located on ma�ine shorelines shaA be the minimum size required to provide for moorage. Singie-family piers or docks shall not exceed 75 feet in length measured perpendicularly from the OHWM. Shared moorage may extend up to 100 feet in iength i# demonstr ' tc�.�� ��` � i Page 19 of 71 City of Federal Way SMP — Title 15 Sho �ne M ment ` Passed by Resolution 10-597, October 19, 2010 with Ecology �����nc„�e�,� ��' -- necessary to provide adequate moorage. Docks that cannot meet this standard may request a review under the variance provisions of this Program. (ii) The maximum width of each pier or dock shall be six feet_ (iii) The maximum width of walkway ramps shail be fou� feet and shall be fully grated. (iv) TMe decking of all piers and docks shall be designed to allow a minimum of 45% light passage. This may be accomplished through grated decks, space between decking, ligh# prisms, or other means. (v). Pier skirting is not permitted. � (m�. Pier and dock dirr�ensions and grating, lake shorelines. (i) The maximum waterward intrusion of any po�tion of any pier or dock shall not extend further waterwa�d than the average length of the piers or docks on lots �, abutting the iocation of the new dock as measured perpendicularly from the ordi�ary high water mark unless an altemative dimension is required in order to prevent impacts I to critical areas. In no circumstances shall the maximum waterward intrusion of any ' portion of any pier or dock eutend more than 36 feet from the ordinary high water mark, o� the point. whe�e the water depth is eigh# feet below the elevation of the ordinary high wate� mark, whicheve� is reached first. (ii) The maximum width of each pier or dock shai! be six feet, or up to eight feet wide on joint use docks where additional mitigation is provided. (iii) The decking of all piers. and docks shall be designed to allow a minimum of 45% light passage. This may be accomplished through grated decks, space befinreen decking, light prisms, or other means. (n) Floats are limited under the following conditions: (i) Qne #loat per single-family residence and no more than one common use float for each new muiti-family development, sho�t subdivision, or subdivision is permitted. (ii) No portion of a float shall be placed more than 45 feet waterward of the ordinary high water mark on lake shorelines. (iii) Retrieval lines shall not float at or near the surface of the wa#er. (iv) No float shall have more than 100 square feet of surface area. (v)' Floats shall_ use grating on at least 30 percent of their surface to allow light penetration. (3) Boating facilities — launching ramps, rails, and li�t stations. (a) Launching ramps, rails, and !ift stations may be permitted in parks and public access areas in the shoreline residen#ial and urban conservancy environments subject to a shoreline conditional use permit, where authorized by FWRC 15.05.070 through 15_05_090_ The following conditions shatl apply: (i) No portion of a launching ramp, rail, or lift station shal! be placed more than 60 feet waterward of the ordinary high water mark. (ii) AI1 portions of a launching ramp, rail, or lift station shaA be placed at a depth not to exceed eight fee# below the ordinary high water mark. (iii) Launching rails or ramps shall be anchored #o the ground through the use of tie-iype construction. Asphai#, concrete, or other ramps, which solidly cover the bottom or bed of a waterbody, are prohibited. (iv) No more than one launching ramp, rail, or lift station per shoreline developmen# shall be permitted. (v) Launching ramps, rails, or lift stations shall not be permitted for shoreline developments that have an existing pier, dock, float, mooring buoy, or ot���� � Page 20 of 71 City of Federal Way SMP - Title 15 Sho e emen �� + Passed by Reso/ution 10-597, October 19, 2010 with Ecolog����lif �anges :� � � �r . . . ,�.v __. .a �—°,�.� :�•A,�. � �/�. moorage. Piers, docks, floats, or other forms of moorage shali not be permitted for shoreline deveiopments tMat have existing launching ramps, rails, or lift stations. (vi) Launching ramps, rails, and lift stations shal! be sited and designed to ensure protection of navigation routes and access; shall be aesthetically compatible with or enhance existing shoreline features; and shall be clearly marked and separated from nearby swimming areas. (vii) On-shore facilities associated with public boating #acilities shali provide adequate off-street parking and loading area, and have adequate facilities for handling of sewage and litter. (4) Breakwaters, jetties and groins. (a) Floating breakwaters are permit#ed in the shoreline residential and urban conservancy environments, with a conditional use permit, when the foilowing conditions apP I (i) Fioating b�eakwaters may be allowed if necessary to protect a public boat launch, when no other altemative with less impact to the environment is feasible. �� (ii) When permitted, development of floating breakwaters shal! include � mitigation measures consistent with the chapter as to ensu�e no net loss of ecological function. (iii) Non-floating breakwaters are p�ohibited. (b) Jetties are prohibited within all shoreline environments in the city_ (c) Groins are prohibi#ed in all shoreline environments in the city_ (5) Dredging and filling. - (a) Dredging: (i) Dredging activities in shorefine residential or urban conservancy environments require a conditional use permit. Dredging is not permitted in the natural environment. (ii) Dredging activities are allowed only where necessary to protect pubiic safety or #or shoreiine restoration activities. (iii) Dredging is allowed only where an alternative alignment tha# would not require dredging is not feasible. (iv) Where allowed, dredging operations must be scheduled so as to not damage shoreline ecological func#ions or processes. (v) Where allowed, dredging operations shal! avoid and minimize significant ecological impacts to the greatest extent feasible, and shall be mitigated as required by this chapter. (vi) Siting and design of new deveiopment shall avoid the need for new and maintenance dredging. (vii) Dredging for fill mate�ials shall be prohibited, except for projects associated with MTCA or CERCLA remediation actions, habitat restoration, or any other significant restoration effort app�oved by a shoreline conditionat use permi#. ln such instances, placement of dredged fill material must be waterward of the OHWM. (b) Filling: (i) Fill activities waterward of the ordinary high water mark shall only be allowed with a shoreiine conditionai use permit in association with allowed (permitted) water dependent use developments; public access; cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan; disposal of dredged material in accordance with DNR Dredged Material Management Program; or expansion or alteration of transportation facilities of statewide significance currently located on the shoreline {if alternatives to fill are shown not feasible). F� Page 21 of 71 City of Federal Way SMP - Title 15 Sh�����er�t------- --� _ Passed by Resolution 10-397, October 19, 2090 with Ecol�r��ir,�¢changes � c -1 at� �- waterward of the ordinary high water mark associated with non-water dependent uses shall be prohibited. (ii) Fill waterward of ordinary high water mark needed to support the foilowing water dependent uses may be allowed through a conditional use permit in the shoreline residential and urban conservancy environments: (A) Public access; (B) Expansion, alteration, or repair of transportation facilities currently located within the shoreline; (C) Mi#igation actions; (D) Envi�onmental, ecological, or watershed restoration projects; {E) Beach noufishment or enhancement projects; and {F) Soft shore bank stabilization projects. (iii) Permitted fill activities must comply with the following standards: (A) Demonstration #hat alternatives to fill are not feasible; (B) Demonstration that fill shall be deposited so as to minimize disruption of normal surface and g�ound water passage; (C) Demons#�ation that fiil materials shall be of such quality that it will not ad�erseiy affect water quality; (D) Demonstration that fill shall allow surface water penetration into the ground water supply, where such conditions existed prior to the fiil; and (E) Demonstration that fill timing will minimize damage to water quality and aquatic fife. (iv) Fill, except for beach nourishment, shall be prohibited in areas of high shoreline erosion potentiai. (v) Fill located waterward of the ordinary high water maric that results in a net loss of sho�eline function is prohibited. 15.05.060 Environmental designations. (1) Purpose and establishment of designations. (a) The purpose of the designations is to differentiate between areas whose geographical, hydrological, topographical, or other features imply differing objectives regarding their use and future development_ Each environment designation represents a pa�ticular emphasis in the type of uses and the extent of development that should occur within it. The environmental designation system is designed to encourage uses in each environment that enhance or are compatible with the character of the environment, while at the same time requiring reasonable standards and restric#ions on development so that the character of the environment is not adversely impacted. (b) Names of environment designations. In order to accomplish the purpose of this title, environmental designations have been established as follows: (i) Shoreline residential. (ii) Urfian conservancy. , (iii) Natural. (c) Limits of environment designations. Each environment designation shall consist of: (i) The entire water body within city jurisdiction, including all water below the surface, the land below the water body, the space above the water body, and the shorelands associated with the water body. On the city's marine shoreline, environmen# �X�f 0 Bll� `C� Page 22 of 71 City of FederaJ Way SMP - Tit1e 15 Shore me ana emen -- ; Passed by Resolution 10-597, October 19, 2010 with Ecolog���ianges ���� � designations shail extend waterward from the ordinary high water mark to the line of extreme !ow tide. (ii) The shoreline areas within 200 feet of the ordinary high water mark and additional upland areas where associated wetlands and floodplains extend beyond 200 feet from the ordinary high water mark. (d) Establishment of designations. (i) The written descriptions of the boundaries of the shoreline environment designations as adopted by ordinance shall constitute the official legal descriptions of the boundaries of those environment designations. (ii) The o�cial maps prepared by the city pursuant to Chapter 173-26 WAC shatl constitute the official descriptions of the limits o# all shorelands in the city of Federal Way as defined by RCW 90.58.030 and FWRC 15_05.030. (iii) The depa�tment may, from time to time, as new or improved information becomes available, modify the official maps described in subsection (1)(d)(ii) of this section consistent with state guidelines to more accurately represent, clarify, or interpret the true limits of the shorelines defined herein. (e) Location of boundaries. (i) Boundanes indicated as following streets, highways, roads, and bridges shall be deemed to follow the cen#e�line of such facilities unless otherwise specified. (ii) Boundaries indicated as following railroad lines and transmission lines shall be deemed to follow the centerline of such rights-of-way or easements unless othenivise specified. (iii) Where different environmentai designations have been given to a t�ibutary and the main stream at the point of confluence, the environmental designation given to the main stream shall extend for a distance of 200 feet up the tributary. (iv) ln case of uncertainty as to a wetland or environment boundary, the director of community development services shall determine its exact location pursuant to the criteria of WAC 173-22-040 and RCW 90.58.030, and the provisions of this title. (Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98. Code 2001 § 18-164.) 15.05.070 Summary of uses, approval criteria, and process (1) Uses not addressed in the program shall be conditional uses. (2) Specific regulations for each use/development are provided in subsequent sections for Shoretine Residential (FWRC 15.05.080), Urban Conservancy (FWRC 15.05.090), and Natural (FWRC 15.05.100) environments_ Ai! permitted and conditional uses may not appear in the permitted use table (FWRC 15.05.070(5)). In cases where uses are not listed, or conflicts exist with other section(s) of the Program, the text provisions shall control. (3) Prohibited uses. (a) The following uses are prohibited in a11 shoreline envi�onments: (i) Commercial agriculture. (ii) Aquaculture. (iii) Forest practices. (ivj Indus#rial uses. (v) Mining. (b) Additional uses are prohibited in specific shoreiine environments, as detailed by the permitted use table and FVURC 15.05.080, 15.05.090, and 15.05.100. (4) Prohibited shoreline modifcations. �J � - EXH��i�` _ � 4 Page 23 of 71 City of Federal Way SMP - Tide 15 r i nageme ���� Passed by Resolution 10-597, October 19, 2010 with Eco i �� (a) The following shoreline modifications are prohibited in all shoreline environments: (i) Jetties. (ii) Groins_ (b) Additional shoreline modifications are prohibited in specific shoreline environments, as detailed by the permitted use table and FWRC 15.05.080, 15.05.090, and 15_05.100. (5) Permitted use table conditional, and prohibited The following table summarizes the permitted, uses for each shoreline environment. : Shoreline Environment `' Shorelin�e. Modification ' Shoreline Urban ;: = Tlatural � : ; - � • Re"sidential Conservancy Shoreline Stabilization' P P/C� � X� Piers, and Docks P/C P/C X Mooring Buoy and Floats P P X Boating Facilities C C X Floating Breakwaters` C X X Dredging and Filling PIC P/C X Shoreline Urban , Shorelme Use Natural _ Residen6al Conservancy , ` Office and Commercial X C X Development Recreational Development P P P/X Residential Development P P C Accessory Structures P P C Utilities P P C Transportation / Parking Facilities' � P C P= Ailowed as exempt from permitting or permitted with substantial development permit C= May be allowed with shoreline conditional use permit X = Prohibited '1 _ Includes bulkheads, bio-engineered erosion control projects, and other shoreline stabilization activities_ 2. Soft shore stabilization is permitted and hard armoring (e_g. bulkheads, rip rap) is subject to a shoreline conditional use permit. 3. Public piers and docks are ailowed with a CUP. 4. Floating breakwaters are allowed with a shoreline conditional use permit, and only when used to protect a public boat launch. Non-floating breakwaters are prohibited. 5. Dredging and all flll waterward of the OHWM requires a conditional use permit_ 6_ Solid waste transfer stations and cellular towers are prohibited in all shoreline environments. 7. Parking as a primary use is prohibited in all shoreline environments, but allowed if serving an aHowed shoreline use. 8. Muiti-family residential development is prohibited within the Natural environment_ 9. Non-water oriented recreational development is prohibited in the Natural environment_ (6) Standards table: The following table summarizes siting, design, and dimensional standards of this Program, as specified within FWRC 15 05.040, __ � . . .:. ��°E �°__� Page 24 of 71 City of Federal Way SMP — Tltle 15 Shcirelr�n��a'��gerim�nt� �-��"- - Passed by Resolution 90-597, October 99, 2010 with Ecology+r�q�iredchanges ` . ,, � r . _ _ _ _c} � _-_-- ��,_ _-� !� 15_05_050, 15.05.080, 15.05.090, 15.05.100 for general shoreline regulations, shoreline modifications, and shoreline uses. ��` � �'# t "� k Shoreime:Env�ronment ��f '` - -��, r_ � , � Shore,l�ne Res�deritlaf y Urban, " Conservaricy � Nafurai_ : ?, �� ; � General standards for all development and uses further detailed b s ecific use re ulations beiow) Hei ht 35 feet 35 feet 35 feet Shoreline 50 feet from OHWM or as 50 feet from OHWM or as 100 feet from OHWM or setbacks required for protection of required for protection of as required for protection critical areas, whichever is critical areas, whichever is of critical areas, reater reater whichever is reater Vegetation Conserve � 70% Conserve � 85% conservation (minimum) of native (minimum) of native Conserve 100% of native area vegetation and 60� 70% vegetation and �8°� 80% vegetation and 100% of (minimum) of native trees (minimum} of native trees native trees in setback in setback in setback �. �, ,.:, � � ..�C��RCI�C(}{Ill112(CIaI?;Cf�YE'.IO� [Tl@Il��t� � .�,.t t a,��.����,a �a�,°`:r- Rf �� };t�,�*,� c �.�.�,������ ` �t'�� e �� : � . ��; �.. . . ° � .:� - - - r .. - ,w+�. .c �rs�..�, � ���� R_t" , . _ Shoreline 75 feet from OHWM or as setbacks required for protection of critical areas, whichever is N/A (Prohibited) reate� N/A (Prohibited) Associated overwater Prohibited, unless structures providing public access �d��,�� „„�.� � �+�I���1� �e�t� " t �i`^'^'�.# � �� fas k"�'�?��"�"�.".� .:: S -� ,.. '" j"_ �t ;�'a"" t"� � �>: u, .. 4�... �+� ., ,z::. � ,�r;��.,"_���, fi�e, rn : � � • .�� � !t�.,�� �,w x,.. � �"e �.''.�. i��-�r, ��"`� ��;a. - Shoreline Single-family: 50 feet from setbacks OHWM or as required for Single-family: 50 feet from Single-family only, subject protection of critical areas, OHWM or as required for to CUP: 100 feet from whichever is greate� protection of critica! areas, OHWM or as required for Multi-family: 75 feet from whichever is greater� protection of criticai OHWM or as required for (no multi-family zoning in areas, whichever is protection of critical areas, this environment) greater whichever is reate� Density Subject to underlying zoning (typically 7,000 to 10,000 sq ft minimum lot Subject to underlying Subject to underlying size; limited areas of multi- zoning (7,000 to 10,000 sq zoning {5-acre minimum family residential zoning, ft minimum lot size) lot size) 1,800 sq ft minimum lot size) �Res�det�fial,accesso �st`rucf�ices wifhin the.fe uired_;shoretine sefback ;: �' ri�� ; : ��F { �£:'.� � - _. _. ��_ .. ..N. �.� Hei ht 8 feet 8 feet 8 feet Maximum 150 sf per structure; 150 sf per structure; 150 sf per structure; foot rint 300 sf total er lot 300 sf total per lot 300 sf total er iot Shoreline Modifications t*' ' �' y t L ' r Y � F; �-� �5'�' }`,. 5 3'i '�: fior�.�. r�e�€ab�t�zafio� ;FWfi��,�5 Q5:450 � , ����, � _,�,� � _� * � � � �;�. �,�H ,� ��� ��-.. �. .,a, �.� . �' .tt. ��`*' �'mE�xra'�-.� �u��� .�,>y,s�' ..;s. Design . Nonstructural altematives prioritized requirements , Creation of new land prohibited N/A (Prohibited) • Located at or landward of ordina hi h water � �� � � � � � - _. _.__. -- �' . ,r--�.. a� ,� - __. _ � } r � . . _. _ Page 25 of 71 Cify of Federa! Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 99, 2090 with Ecology �equired changes • Marine creosote prohibited • Freshwater: chemically treated wood prohib+ted • Re-vegetation with native plants required • Maximum height is 1 foot above elevation of inean hiaher hiph water (tidall / ordinarv hiah water (lakes Sideyard setbacks Maximum height Siting and design requirements Pier and dock dimens+ons, lake shorelines Pier and dock dimensions, marine shorelines Consistent w/ underlying zoning, except none when ioint use Above water surface level: 5 feet • Dwelling units prohibited on piers and docks • Covered overwater structures prohibited � Piers and docks oriented perpendicular to the shoreline • Piers and docks: must be constructed from materials that allow light penetration through the structure • Marine: creosote prohibited • Freshwater: chemically treated wood prohibited • Public dock moorage limited to recreational uses • 1 dock per existing residential lot • 1 shared dock per new multi-family development, subdivisfon, or short subdivision (additional limitations on number of moorage spaces) • 1 fioat per existing residence / 1 shared dock per new muiti-family development / subdivision /sho�t subdivision • Residential piers and docks: maximum waterward intrusion: based on length of nearest existing docks on either side of the proposed dock; never to exceed 36 feet from OHWM or length at 8 feet of depth below OHWM, whichever is reached first • 6-foot maximum dock width (8-foot for joint use) • Maximum waterward intrusion from OHWM 75-100 feet depending on use • 6-foot maximum dock width • Minimum 45% transparency of decking Float . Maximum waterward intrusion: 45 feet from OHWM dimensions on lakes and . Maximum sutface area: 100 SF standards • Use of aratin4 on at least 30% of surface area Dimensions . No more than 60 feet waterward from OHWM and • No more than 8 feet below OHWM standards • No more than 1 ramp per shoreline development • Shall not be aliowed for developments with existing pier, dock, float, or other functional moorage. Piers, docks, floats, or other forms of moorage sha11 not be permitted for developments with existing launch facilities_ N/A (Prohibited) N/A (Prohibited) N/A (Prohibited) Page 26 of 71 City of Federaf Way SMP — Title 9 Passed by Resolution 90-597, October 99, 2010 with E ' J � � r` '- an�gement �_ �'� ���r�� � --- � V _-.�...._ cology re�red changes � 'F � ��� � ��.� ��_ � :�_�=-��- i. Maximum heights may be increased pursua�t to the Shoreline Environment-specific regulations of this Program {FWRC 15.05.080(3), 15.05.090(3), and 15.05.900(3)). 2. Please refer to the Shoreline Environment-specific regulations of this Program for additiona! detail related to residentiai setbacks, including exceptions or modifications to the standard minimum setback (FWRC 15.05_080(3j, 15.05.090(3), and 15.05.100(3j). 3. See additional review and approval criteria and design requirements in FWRC 15.05.050(1). 15.05.080 Shoreline residential environment� (1) Purpose. The purpose of the "shoreline residential" environment is to accommodate residential development and appurtenant structures that are consistent with this chapter. An additional purpose is to provide appropriate public access and recreational uses. (2) Designation criteria. Designation criteria for the shoreline residential environment are provided in the city's shoreline master program. (3) General requirements. (a) Development waterward of the ordinary high water mark is prohibited except water dependent recreational uses, permitted sho�eline modifications, and public utili#ies. (b) No structure shall exceed the height allowed by the unde�lying zoning or 35 feet above average grade level, whichever is less_ (i) This requirement may be modified if the view of any neighboring residences will not be obstructed, if permitted by the applicable provisions of the underlying zoning, and if the proposed development is water-refated or water- dependent. For any proposed structure with a height exceeding 35 feet, a view analysis sha11 be completed and approved by the City to ensure that visual public access is not affected consistent with FWRC 9 5.05.040(7). (c) All development shall be required to provicle adequate surface water retention, erosion control, and sedimentation facilities during the construction period. (d) Setbacks_ Development shall maintain a minimum shoreline setback of the first 50 feet of property landward from the ordinary high wate� mark, or other designated minimum setback necessary to protect designated critical areas per FWRC 15.05.040(4), whichever is greater. This minimum setback area shall be retained as a vegetation conservation area, subject to provisions refe�enced in subsection (e). (e) Vegetation conservation area. The required se#back area shall be considered a vegetation conservation area. Within the vegetation conservation area, no more than aA 30 percent of the area with existinq native shoreline vegetation shall be cleared, and a minimum of 6A 70 percent of existing native trees shall be retained. Trees determined by the city to be hazardous or diseased may be removed. Additionally, the director may allow removal of vegetation exceeding that described above where an applicant agrees to replacement plantings that are demonstrated to provide greater beneft to shoreline ecological processes than would be provided by strict appiication of this section. (� Impact mitigation. AN deveiopments and uses shall result in no net loss of ecological functions and shall be consistent with the impact mitigation requirements of 15.05.040(1). (g) Collection facilities to control and separate contaminants sha11 be required where stormwater runoff from impervious surfaces would degrade or add to the o11u#ion of recipien# waters of adjacent properties. ��� ���� .______�? }�.�..�- � ���� a� ��� ��, Page 27 of 71 City of Federaf Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2090 with Ecology required changes (h) All development in the shoreline residential area must comply with applicable regulations identified within the general development standards, shoreline modifications, and al! other applicable sections of this chapter. (4) Shoreline modifications. (a) Allowed modifications to the shoreiine within shoreline residential designated areas include the following: (i) Shoreline stabilization Allowed within the shoreline residential designated areas under the requirements imposed by FWRC 15.05.040 and 15.05.050(1 j. (ii) Piers and docks. Allowed within shoreline residen#ial designated areas under the requirements imposed by FWRC 15.05.040 and 15.05.050(2). (iii) Mooring buoys and floats. Allowed within shoreline residential designated areas under the requirements imposed by FWRC 15.05.040 and 15.05.050(2). (iv) Boating Facilities - launching ramps, rails, and lift stations. Permitted with a conditional use permit in parks and public access areas within the residential environment under the requirements imposed by FWRC 15.05.040 and 15.05.050(3). (v) Breakwaters. Floating breakwaters are allowed within the shoreline residen#ial areas with a shoreline conditional use permit under the requirements imposed by �FWRC 15.05.040 and 15.05.050(4). (vi) Dredging and �lling. Allowed within shoreline residential designated areas with a shoreline conditional use permit under the requirements imposed by FWRC 15.05.040 and 15.05.050(5). (b) Prohibited modifications to the shoreline within shoreline residential designated areas include the fotlowing: (i) Jetties and groins. (5) Shoreline uses. (a) A1lowed uses within shoreline residential designated areas include the following: (i) Residential development. Single-family residentia! use shall be a priority use in the shoreline environment_ Single-family and multiple-family residential development, accessory dwelling units, and home occupations may be permitted in the shoreline residentia! envi�onment subject to the following= (A) The proposed use is permitted in the underlying zone classification. (B) Residential development is prohibited waterward of the o�dinary high wa#er mark. (C) Setbacks. (I) Single-family residential development on marine shorelines shall maintain a minimum shoreline setback of 50 feet from the ordinary high water mark. Singie-family residential development on lake shorelines shall maintain a minimum setback behind the stringline setback or 50 feet from the ordinary high water mark, whichever is greater. If the site contains one or more designated critical areas, the setback shall be the minimum necessary to protect such designated critical areas per FWRC 15.05.040{4), or the stringline setback, or 50 feet from the ordinary high water mark, whichever is greater. Where critical area setbacks do not apply, the standa�d 50 foot minimum setback may be modified pursuant to the foliowing exception: (a) If single-family residential development is proposed on a lot where properties on at least one side of the lot are developed in single-family residences located less #han 50 feet from the ordinary high water mark, then the proposed residential development may be located the same distance from the ordinary high water mark as the adjacent residences (using the stringline setback �� as Page 28 of 71 City of Federal Way SMP - Title �����A'��•iUlalhag�e�er►f- ___� �.-.".�. Passed 6y Resolution 10-597, October 19, 2010 with �I,Qg��ir+e�r�qe�' � � �� �- /i(,J defined in F1NRC 15_05.030), but shall in no case be cioser than 30 feet from the ordinary high water mark_ (11) Multi-family residential development on marine shorelines shall maintain a minimum setback of 75 feet from the ordinary high water mark. Multi-family residential development on lake shorelines shali maintain a minimum setback behind the stringtine setback or 75 feet from the ordinary high water mark, whichever is greater. If the site contains one or more designated critical a�eas, #he setback shall be the minimum necessary to protect such designated critical areas per FWRC 15.45.040(4), or the stringline setback, or 75 feet from the ordinary high water mark, whichever is greater. Where critical area setbacks do not apply, the standard 75-foo# minimum setback may be modified pursuant to #he foUowing exception: (a) If multi-#amily residential development is proposed on a lot where properties on at least one side of the lot are developed in multi-family residential uses located less than 75 fee# from the ordinary high water marlc, then the proposed residentia! development may be located the same distance from #he ordinary high water mark as the adjacent residential uses (using the stringline setback method as defined in FWRC 15.05.030) but shall be no ctoser than 50 feet from the ordinary high water maric. (D) Public access. In review of all sho�eline permits o� developments of mo�e than four residentiai lots or dwelling units, or subdivision of tand into more than four lots, consideration of public access shaii be required consistent with FWRC 15.05.040(7). (E) Where allowed consistent with underlying zoning, subdivision of land shall be confgured through the orientation of lots to: (1) Prevent the loss of ecoiogicai func#ions at fuli build-out by p�oviding adequate developable space outside of setbacks; and (Il) Avoid the need for new shoreline stabilization and flood hazard reduction measures. (ii) Accessory structures. Residential accessory structures may be placed within the required shoreline setback, provided: {A) No accessory s#ructure shall cover more than 150 square feet. (6) No more than 300 square feet of accessory structures shal! be allowed. (C) No accessory structure shall exceed eight feet in height. (D) Existing native shoreline vegetation within the shoreline setback is conserved as per general requi�ements (3)(d) and (e). (iii) Recreational development. Recreational development may be permitted in the shoreline residentiai environment subject to the genera! requirements of this chapter, provided: (A) The recreational development is permitted in the underlying zone. (B) The facilities are located, designed, and operated in a manner consistent with the purpose of the residentiai environment. (C) Recreational development that provides public access to and use of the wa#er shall be given priority. (D) Recreational development sha11 provide mitigation consistent with the general requirements of this chapter and shali iead to no net loss of ecological functions. (E) Swimming areas shall be separated from boat launch areas. {F) Boat launching facilities may be developed, subject to a shoreline condi#ional use permit, provided: �.. �� ty � ���g�'n� _ _ ;��-.�� Page 29 of 71 Ci of Federa! Way SMP — Title 15�1�1i�i Passed by Resolution 10-597, October 19, 2010 with Ec�� ��ed chang� �� � � ...�--�,� (I) The parking and traff7c generated by such a facility can be safely and conveniently handled by the streets and areas serving the proposed facility. (ll) The facility will not be located on a beach area or cause net loss in shoreline function. (G) Upland facilities constructed in conjunction with a recreational development shall be set back and/or sited to avoid adverse impacts to the functions of the sho�elines of the city. (H) Public pedestrian and bicycle pathways sha11 be permitted adjacent to water bodies. Such trails and pathways must be made of pervious materials, if feasible. (I) Public contact with unique and fragile areas shalt be permitted where it is possible without destroying the natural character of the area. {J) Water viewing, nature study, recording, and viewing shall be accommodated by space, platforms, benches, or shelter consistent with public safety and security. (iv) Utilities. Utility facilities, wi#h the exception of cellular towers, solid waste transfer stations, and production and p�ocessing facilities, may be permitted in the shoreline residential envi�onment subject to the requirements of this chapter, provided: (A) No other practicable alternative iocation outside of the shoreline jurisdiction with less impact to the environment is available for the facility. (B) Utility and transmission facilities sha11: (I) Avoid disturbance of unique and fragile areas. (II) Avoid disturbance of wiidlife spawning, nesting, and rearing areas. (111) Conserve native shoreline vegetation, particularly forested areas, to the maximum extent possible. (I� Overhead utility facilities shall not be permitted in pubiic parks, monuments, scenic, recreation, or historic areas. (V) Minimize visual impact. (VI) Harmonize with or enhance the surroundings. (VII) Not create a need for shoreline protection. (VIII) Utilize to the greatest extent possible natural screening. (IX) Mitigate for unavoidable impacts to achieve no net loss of shoreline ecological functions_ (X) Be located in existing utility and transportation rights-of-way whenever feasible. (C) The construction and maintenance of utility facilities shall be done in such a way so as to: (I) Maximize the preservation of natura! beauty and the conservation of resources. - (II) Minimize scarring o# the landscape. (III) Minimize siltation and erosion. (I� Protect trees, shrubs, grasses, natural features, and topsoil. (� Avoid disruption of critical aquatic and wildlife stages_ (D) Rehabilitation of areas disturbed by the co�s#ruction and/or main#enance of utility #acilities shalL (I) Be accomplished as rapidly as possible to minimize soil erosion and to maintain plant and wildlife habitats. (Il) Utilize native trees and shrubs. (E) Soiid waste transfer stations are prohibited within shoreline jurisdiction. (F) Cellular or wireless towers are prohibited within shc�t'�i�ur�,s�irtion._ ._ _��,_ �,.�._�_; Page 30 of 71 City of Federal Way SMP — Title 15�e��anagem � , ` Passed by Reso/ution 10-597, October 19, 2090 with E �—��°� � (v) Transportation and parking facilities. Transportation and parking, except parking facilities associated with detached single-family development, shall conform to the following minimum requirements: (A) Transportation corridors shall be developed consistent with the Transportation Element of the Federai Way Comprehensive Plan {FWCP) and designed to provide the best service with the least possible impact on shoreline ecological function. Impacts to functions shall be mitigated to achieve no net loss of ecologicai functions. {B) New road construction shall be the minimum necessary to serve a permitted shoreline use. (C) New public transportation #acilities shall provide turnout areas for scenic stops where feasible. (D) Parking facilities serving individual buildings on the shoreline shali be located landward from the principal buildi�g being served, except when the parking facility is within or beneath the structure and adequately sc�eened, o� in cases when an altemate location would have less environmental impact on the shoreline. (E) New surface transportation facilities not related to and necessary for the support of shoreline activities shall be located outside the shoreline jurisdiction if possible, or set back from the ordinary high water mark far enough to make protective measures such as riprap o� other bank stabilization, landfill, or substan#ial site regrade unnecessary. (F) Maintenance, repair, replacement, or othe� roadway improvements (including but not limited to widening to serve existing or projected volumes, installation of curb and gutter, sidewalks, illumination, signals) to existing surface transportation facilities shail be allowed within shoreline residential designated areas. Improvements tha# create a need for protective measures such as riprap or other bank stabilization, landfill, or substantia! site regrade shall not be permitted unless no alternative exists and impacts to shoreline ecological functions are mitigated. (G) Any new development or expansion of existing development creating greater than six total parking staNs must meet the water quality standards required by the King County Surface Water Manual for "high use" sites and "resource stream protection." (H) Outdoor parking area perimeter, excluding ent�ances and exits, must be maintained as a planting area with a minimum width of five feet. {I) One live tree with a minimum height of four feet shall be �equired for each 30 linear feet of planting area. {II) One live shrub of one-gallon container size, or larger, for each 60 linear inches of planting area shatl be required. (Ill) Additional perimeter and interior landscaping of parking areas may be required, at the discretion of the director, when it is necessary to screen parking a�eas or when large paricing areas are proposed. (1) Parking as a primary use in shoreline jurisdiction shali be prohibited. (J) Parking in the shoreline jurisdiction shall directly senre a permitted shoreline use and environmental and visual impacts shall be minimized. (K) Transportation and parlcing facilities for subdivision, multi-family residentiai, and commercial uses sha11 incorporate low impact development {LID) designs to minimize stormwater runoff. (L) Transportation facili#ies shall not adversely impact existing or planned water dependent uses. .; �� � �`, ��� .--�" Page 31 of 71 City of Federaf Way SMP — Title 15�orel � e nageme 2 �` Passed by Resolution 10-597, October 19, 2010 with Ec� � � J ��" - �` " �` (b) !n addition to those uses prohibited in al! shoreline environments by FWRC 15.05_070(3) of this chapter, the following uses are prohibited uses within shoreline residential designated areas: (i) Office and commercial development_ 15.05.090 Urban conservancy environment. (1) Purpose. The purpose of the "urban conservancy" environment is to p�otect and restore ecological functions of open space, flood plain, and other sensitive lands where #hey exist in urban and developed settings, while allowing a variety of compatibie uses. Priority should be given to water-oriented uses over non-water-orien#ed uses in the urban conservancy environment. Residential development and appu�tenant structu�es shouid be accommodated in the urban conservancy environment when consistent with existing land use and zoni�g, and when consistent with this chapter. An additional purpose is to provide appropriate public access and recreational uses. (2) Designation criteria. Designation criteria for the urban conservancy environment are provided in the city's shoreline master program. (3) Genera! requirements. (aj Development waterward of the ordinary high water mark is prohibited except water dependent recreational uses, permitted shoreline modifications, and public utilities. (b) No structu�e shall exceed the height allowed by the underiying zoning or 35 feet above average grade level, whichever is less. This requirement may be modified if the view of any neighboring residences will not be obstructed, if permitted by the applicable provisions of the underlying zoning, and if the proposed development is water-related or water-dependent. For any proposed structure with a height exceeding 35 feet, a view analysis shall be completed and app�oved by the City to ensure that visual public access is not affected consistent with FWRC 15.05.040(7). (c) All development shall be required to provide adequate surface water retention and sedimentation facilities during the construction period. (d) Setbacks_ Development shall maintain a minimum sho�eline setback of the first 50 feet of property landward from the ordinary high water mark or other designated minimum setback necessary to protect designated critical areas per FWRC 15.04.040(4), whichever is greater. This minimum setback area shall be retained as a vegetation conservation area, subject to provisions referenced in subsection (e). (e) Vegetation conservation area. The required setback area shall be considered a vegetation conservation area. Within the vegetation conservation area, no more than �8 15 percent of the area with existinq native shoreline vegetation shall be cleafed, and a minimum of �A 80 percent of existing native trees shall be retained. Trees determined by the city to be hazardous o� diseased may be removed. Additionally, the director may allow removal of vegetation exceeding that described above where an applicant agrees to �eplacement plantings that are demonstrated #o provide greater benefit to shoreline ecological processes than would be provided by strict application of this section. (� Impact mitigation. AN developments and uses shall result in no net loss of ecological functions and shall be consistent with the impact mitigation requirements of 15.05.040(1). (4) Shoreline modifications. (a) Allowed modifications to the shoreline within urban conservancy desi nated areas include the followin � � `� ��� 9= �::9.6�ir � � � � �.__ �... . Page 32 of 71 City of Federal Way SMP — Title 13 SFi��r�l�)4��Ivtarra� n� �"'�'" 1 � Passed by Resolution 10-597, October 19, 2010 with Ecology required changes (i) Shoreline Stabilization. Aliowed within urban conservancy designated areas and the requirements imposed by FWRC 15.05_040 and 15.05_050(1). (ii) Piers and docks. Allowed within urban conservancy designated areas under the requirements imposed by FWRC 15.05.040 and 15.05.050(2). (iii) Mooring buoys and floats. Allowed within urban conservancy designated areas under the requirements imposed by FWRC 15_05.040 and 15.05.050(2)_ (iv) Boating facilities - launching ramps, rails, and lift stations. Permitted with a shoreline conditional use permit in parks and public access areas within the urban conservancy environment under the requirements imposed by FWRC 15_05.040 and 15.05.050(3). (v) Breakwaters. Floating breakwaters are allowed within the urban consenrancy designated areas with a shoreline conditional use peRnit under the requirements imposed by FWRC 15_05.040 and 15.05.050(4). (vi) Dredging and filling. Allowed within urban conservancy designated areas with a sho�eline conditional use permit under the requirements imposed by FWRC '15.05.040 and 15.05.050(5). (b) Prohibited modifications to the shoreline within urban conservancy designated areas include the following: {i) Jetties anci groins. {5) Shoreline Uses. (a) Aliowed uses within urban conseniancy designated areas inciude the following: (i) Residentia! development. Allowed within urban conservancy designated areas under the requirements imposed within FWRC 15.05.080(5)(a)(i), with the following additional restrictions: {A) Setbacks. Residential development on marine shorelines shal! maintain a minimum setback of 50 feet from the ordinary high water mark, or other established minimum setback necessary to protect designated criticai areas per FWRC 15.05.040(4), whichever is greater. Residential development on lake shoretines shall maintain a se#back behind the s#ringline setback, or 50 feet from the ordinary high water mark, or other established minimum se#back necessary to protect designated critical areas per FWRC 15.05.040(4), whichever is greater. Exceptions to minimum setback requirements inclutled in FWRC 15_05.080(5)(aj(i)(C), for both single-famiiy and multi- family deveiopment, shail apply. (B) Accessory structures. AUowed wi#hin urban conservancy designated areas under the requirements imposed by FWRC 15.05.080(5)(a)(ii). (ii) Recreational development. Recreational development may be permitted in the urban conservancy environment subject to the generai requirements of this chapter and under the requirements imposed by FWRC 15.05.080(5)(a)(iii). (iii) Utilities. Allowed within urban conservancy designated areas under the requirements and restrictions imposed by FWRC 15.05.080(5)(a)(iv). (iv) Transportation and parking facilities. Allowed within urban conservancy desig�ated afeas under the requirements imposed by FWRC 15.05.080(5)(a)(v). (v) Office and commercial development Office and commerciai development may be ailowed with conditional use approval in the urban conservancy environment subject to the requirements of this chapter, provided: (A) The office or commercia! use or activity is permitte�.i�i�g � .,, zoning dassi#ication. C)Cly C5 � . Page 33 of 71 City of Federal Way SMP— Title 9�ShdrLslin�lGr���: ��"��"�" Passed by Resolution 10-597, October 19, 2010 wifh Ecology requined changes (B) Pubiic access is provided consistent with the requirements of FWRC 15_05.040(7)_ (C) Non-water-oriented office and commerciai uses are prohibited uses unless they meet one or more of the following criteria: (I) The use is part of a mixed-use project that includes wate�- dependent uses and provides a significant public benefit such as providing public access and/or ecological restoration; or navigability is severely limited at the proposed site. (II) !n areas designated for commerciai use, non-water-oriented comme�cial development may be allowed if the site is physically separated from the shoreline by another property or public right-of-way. (III) Office and commercial development will not result in a �et loss of shoreiine ecological fu�ctions or have significant adverse impact to othe� shoreline uses, resources, and values provided for in RCW 90.58.020 such as navigation, �ecreation, and public access. (D) Office and commercial development on marine shorelines shaii maintain a setback of 75 feet from the ordinary high"water mark, or other established minimum setback necessary to p�otect designated critical areas per FWRC 15.05.040(4), whichever is greater. Office and commercial development on lalce shorelines shall maintain a setback behind the stringline setback, or 75 feet from the ordinary high water mark, or other established minimum setback necessary to protect designated critical areas per FWRC 15.05.040(4), whichever is greater. The minimum setback may be reduced using the stringline method, when applicable, but in no case shall the minimum setback be less than 50 feet from the ordinary high water mark. (E) Piers, docks, moorages, buoys, floats, and launching facilities will not be permitted in conjunction with office or commercial development; unless they are developed as part of on-site public access to the shoreline. (F) Additional water quality standard must be met as per FWRC 15.05.040(3). 15.05.100 Natural environment. (9) Purpose. The purpose of the "natural environmentn is to protect those shoreline areas that are relatively free of human influence, or that include intact or minimally degraded shoreline functions intolerant of human use. These systems require that only very low intensity uses be allowed in order to maintain ecological functions and ecosystem-wide processes. Consistent with the policies of the designation, the city shall pian for restoration of degraded shorelines within this environment. {2) Designation criteria. Designation criteria for the naturat environment are provided in the city's shoreline master program. (3) General requirements. (a) Development waterward of tfie ordinary high water mar{c is prohibited except water dependerlt recreational uses and public utilities. (b) No structure shall exceed the height allowed by the underlying zoning or 35 feet above average grade level, whichever is less_ This requirement may be modified if the view of any neighboring residences will not be obstructed, if permitted by the applicable provisions of the underlying zoning, and if the proposed development is water or water For any proposed structure with a height exceeding 35 feet, a view analysis shall be completed and approved by the City to ensure that visual public access is not affected consistent with FWRC 15.05.040(7 � j;� ��� � Page 34 of 79 City of Federal Way SMP — Title 15 Shoreline a a e Passed by Resolution 10-597, October 19, 2010 with Ecolc���'�d changes O� ` � (c) All development shall be required to provide adequa#e surFace water retention and sedimentation facilities during the construction period. (d) Setbacks. Development shaH maintain a minimum shoreline setback of the first 100 feet of p�operty landwa�d from the ordinary high water mark, or other established minimum setback necessary to protect designated critical areas per FWRC 15:05.040(4), whichever is the greater setback as a vegetation conservation area subject to provisions referenced in subsection (e)_ (e) Vegetation conservation area_ The required setback area shall be considered a vegetation conservation area. Within the vegetation conservation area, no native shoreline vegetation shall be cieared, and ail existing native trees shall be retained. Trees determined by the city to be haza�dous or diseased may be removed. Additionally, the director may allow removai of vegetation exceeding that described above where an applicant agrees to replacement plantings that are demonstrated to provide greater benefit to shoreiine ecoFogical processes than would be provided by strict application of this section. (� lmpact mitigation. All developments and uses shali resuit in no net loss of ecological functions and shall be consistent with the impact mitigation requirements of 15.05.040(1). (4) Shoreline modifications. The following shoreline modifications are prohibited within the natural designated shoreline areas: (a) Shoreiine stabilization; (b) Piers, docks, moorages, buoys, and floats; (c) Boa#ing facilities - launching ramp, �ails, and lift stations; (d) Breakwaters, jetties, and groins; and (e) Dredging and filling. (5) Shoreline Uses. (a) Ailowed uses within natural designated areas include: (i) Residential development Multi-fiamity residential uses are prohibited in the natural environment. Single-family residentiai development and residential accessory structures may be permitted in the natural environment with a shoreline conditional use permit with the following additional restrictions: (A) Allowed only where single-family residential development is permitted in the underlying zone classification. (B) Single-family residen#ial development is prohibited waterward of the ordinary high water mark. (ii) Recreational development. Altowed within the natural designated areas subject to the limitations of FWRC 15.05.100(4) and provided: (A) The recreational development is permitted in the unde�lying zone. (B) Non-water-orien#ed recreational uses and development are prohibited within the natura! designated areas. (C) The recreationat development is located, designed, and operated in a manner consistent with the purpose of the natural environment with a focus on passive recreation. (D) Recreation deveiopment shaA provide mitigation consisten# with the general requirements of this chapter and shall lead to no net loss of shoreline ecological func#ions. (E) The parking and traffic generated by such a facility can be safely and conveniently handled by the streets and areas serving the proposed development. Page 35 of 71 City of Federal Way SMP - Title 1 S l� gement Passed by Resolution 10-597, October 19, 2010 with � r ��._--- Q ��La� � �� � ` _ (F) Upland facilities cons#ructed in conjunction with a recreational development shali be set back andlor sited to avoid adverse impacts to the functions of the shorelines of the city. (G) Pubiic pedestrian and bicycle pathways shail be made of pervious materials. (iii) Utilities. Allowed within the natural designated areas with a shoreline conditional use permit under the requirements and restrictions imposed within F1NRC 15.05.080{5)(a j(iv). (iv) Transportation and parking facilities_ Allowed in the natural environmen# only when necessary to serve an aHowed use and subject to the approval of a conditional use permit. Approved facilities must, at a minimum, meet the requirements and restrictions imposed within FWRC 15.05.080(5)(a)(v). (v) Low intensity public uses. Low intensity public uses including scient�c, historical, cultural, and educational research uses are allowed under the general requirements for the natural environment (FWRC 15.05.100(3)) and provided that ecological impacts a�e avoided_ (b) In addition to those uses prohibited in all shoreline environments by F1NRC 15.05.070(3) of this chapter, the following uses are prohibited uses within naturai designated areas: (i) Boating facilities; {ii) Multi-family residential developmen#; {iii) Office and commercial development. Article 111. Administrative Procedures 15.05.110 Shoreline management permit and enforcement procedures, adoption by refere�ce. The city of Federal Way hereby adopts by reference the following sections or subsections of Chapter 173-27, as amended, of the Washington Administrative Code ("WACn) entitled Shoreline Management Permit and Enforcement Procedures. WAC: (1) 973-27-020 Purpose (2) 173-27-040 Developments exempt from substantial development permit requirement (3) 173-27-130 Filing with department (4) 173-27-270 Order to cease and desist (5) 173-27-280 Civil penalty (6) 173-27-290 Appeal of civil penalty (7) 173-27-300 Criminal penalty 15.05.120 Permit processing and public notice. An application for a shoreline development permit shall be made to the department of community development on forms prescribed by the depa�tment. Public notice shall be provided as follows: (1) An application for a substantial development permi# requires public notice as prescribed in Process I11, Chapter 19.65 FVVRC. (2j An application for a shoreline conditional use permit or shoreline variance requires public notice as presc�ibed in Process IV, Chapter 19.70 FWRC. � , �"� Page 36 of 71 City of Federal Way SMP — Title zF ' �� �� M��+age�t -- :�-= Passed by Resolution 10-597, October 19, 2010 wit���ui ch,� �� (Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No_ 97-291, § 3, 4- 1-97; Ofd. No. 90-38, § 1(24.40), 2-27-90. Code 2001 § 18-'169.) 15.05.130 Shoreline exemption. (1) The purpose of a sho�eiine exemption is to provide an approval process for uses and activities which do not trigger the need for a substantial development permit, but require compliance with the shoreline guidelines and the goais, policies, and other provisions of the city's shoreline master program. A use or activity that qualifies for an exemption may require a Shoreline Variance (FWRC 15.05.160), or a Shoreline Conditional Use Permit (FWRC 15.05.170). An exemption from the substantial development peRnit process is not an exemption from compliance with any other applicable regulatory requirements. (2� To qualify for an exemption, the proposed use, activity, or deveiopment must meet the requi�ements for an exemption as described in WAC 9 73-27-040. (3) If the proposed development meets the requirements for an exemption, the applicant shall submit a �equest for an exemption to the directo� of community development services for review and approval. The request shall indicate the specific exemption provision from WAC 173-27-040 that is being applied to the development. The city shatl review the request and provide a summary of the analysis demo�strating consistency of the project with the Federa! Way shoreline master prog�am and the Shoreiine Management Act. The city shall prepare a statement of exemption, provided the proposal meets exemp#ion c�iteria. The burden of proof that a development or use is exempt from the permit process is on the applicant. If any part of the development is not eligible for exemption, then a substantial development permit is required for the enti�e proposed development. (a) The director may attacfi conditions to the approval of exempted developments andlor uses as necessary to assure consistency of the project witfi the Shoreline Management Act and the Federal Way shoreline master program, per WAC 173-27- 040(e). For example, in the case of development subject to a building permit, but exempt from the shoreline permit process, the building official or other permit authorizing official, through consuitation with the director, may attach shoreline management terms and conditions to building permits and other permit approvals pursuant to RCW 90.58.140. {b) Where shoreline development proposals are subject to review, approval, and permitting by a federal or sta#e agency, the director shall prepare a statement of exemption, addressed to the applicant, the federal or state permitting agency, and ecology. 95.05.140 Application requirements. Complete application. A complete application for a substantial development, � shoreline conditional use, or shoreline variance pe�mit shall contain, as a minimum, the foNowing information: (1) The name, address, and phone number of the applicant. The applicant should be the owner of the prope�ty or the p�imary proponent of the project and not the representative of the owner or primary proponent. (2) The name, address, and phone number of the applicanYs representative if other than the applicant. (3) The name, address, and phone number of the property owner, �:qt��r� $t���e � applicant. =��° i �i Pa e 37 of 71 Ci of Federal Wa SMP - Title 95 � nagemer� � 9 h� v �� �.:� � � Passed by Resolution 10-597, Ocfober 19, 2010 with Ecology requ� c anges �-� -°-°°°� (4) Location of the property. This shall, at a minimum, include the property address, parcel number, and identification of the section, township, and range to the nearest qua�ter, quarter section, or latitude a�d longitude to the nearest minute_ AN applications for projects located in open•water areas away from land shall provide a longitude and � latitude location. I (5) Identification of the name of the shoreline (water body) that the site of the proposal is associated with. This should be the water body from which jurisdiction of the �, act over the project is derived. ' (6) A general description of the proposed project that includes the proposed use or � uses and the activities necessary to accomplish the project. (7) A general description of the prope�ty as it now exists, including its physica! characteristics and improvements and structures. (8) A general description of the vici�ity of the proposed project, including identification of the adjacent uses, structures, and improvements, intensity of development, and physical characteristics. (9) A site devefopment plan consisting of maps and elevation drawings, drawn to an . appropriate scale to depict clea�ly all required information, photographs, and text which shaH inciude: (a) The boundary of the parcel(s) of land upon which the development is proposed. (b) The ordinary high water mark of al1 water bodies located adjacent to or within the boundary of the project. This may be an approximate location provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark the mark shall be loca#ed precisely and the biological and hydrological basis for the location as indicated on the plans shall be included in the deveiopment plan. Where the ordinary high water mark is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the nearest ordinary high water mark of a sho�eline. (c) Existing and proposed land contours. The contours shall be at intervals sufficient to accurately determine the existing character of the property and the extent of proposed change to the land that is necessary for the development. Areas within the boundary that will not be altered by the development may be indicated as such and contours approximated for that area_ (d) A deHneation of all wetland areas that wiH be altered or used as a part of the development. (e) A general indica#ion of the character of vegetation found on the site. {fl The dimensions and locations of al! existing and proposed structures and improvements including but not limited to: buifdings, paved or graveled areas, roads, utilities, septic tanks and drainfields, mate�ial stockpiles or surcharge, and stormwater management facilities. (g) Where applicable, a landscaping pian for the project. (h) Where applicable, plans #or development of areas on- or off-site as mitigation for impacts associated with the proposed project sha11 be included and contain information consistent with the requirements of this section. (i) Quantity, source, and composition of any fill material that is piaced on the site whether temporary or permanent. (j) Quantity, composi#ion, and destination of any excavated or dr e ial. � .� ���I� ��� T - ; �� � . � � � 6 ��� .. Page 38 of 71 City of Federal Way SMP - Title 15 �ho�r�l� ���r��m��r�`" � .--'�'°, Passed by Resolution 10-597, October 19, 2010 with Eco%gy requi�d changes (k) A vicinity map showing the relationship of the property and proposed developmen# or use to roads, utilities, existing developments, and uses on adjacent properties. (I) Where applicable, a depiction of the impacts to views from existing residential uses and public areas. {m) On all variance applications the plans shall ciearly indicate where development could occur without approval of a variance, the physical fea#ures and circumstances on the property that provide a basis for the request, and the location of adjacent structures and uses. (n) Summary of how the proposai meets �elevant decisional criteria. (o) Additional information as requested by the city. (90) Where appiicable, a shoreline assessment and mitigation report prepared by a qualified professional, which at a minimum, includes the following: � (a) Site pian and c�oss-sections of development and critical areas and critical salmonid habitat identified. (b) A detailed description of proposed development. (c) Identification of any species of iocal impor#ance, priority species, or endangered, threatened, or sensitive species that have documented o� observed habita# on or adjacent to the project area. (d) An assessment of potential impacts the proposat may have on fish and wildlife species, critica! areas, and criticaf salmonid habitats. (e) A discussion of any federal, state, or local management recommendations, including Washington Department of Fish and Wildlifie habitat management recommendations, that have been developed for species or habitats iocated on or adjacent to project area. (fl A discussion of mitigation measures that have been implemented to avoid and minimize adve�se impacts to fish and wildlife species and habitats, critical areas, and critical salmonid habitat. The mitigation must also include a mitigation pian showing the area of mitigation and detailed mitigation measures, such as habitat features and planting of native vegetation. (g) A discussion of monitoring, maintenance, and contingency measures to accompany the mitigation plan. 15A5.150 Shoreline substantial development permit. (9 � The purpose of a substantial development permit is #o provide an approva! process for any development with a total cost or fair market value exceeding $5,718, or any .development which materially interferes with the normal pubiic use of the water or sho�elines of the sta#e, except those exempted developments set forth in the preceding section, consistent with WAC 173-27-040. The substantial development dollar threshold on the adoption date of this Program is five-thousand seven-hundred and eighteen dollars ($5,718}. Under current law, the substantial development dollar threshold will be recalculated every five years by the Washington State O�ce of Financial Management (OFM). OFM posts updated doliar thresholds in the Washington State Register. (2) When a substantiai development permi# is requested, the permit shal! be � reviewed under the provisions of Process I II, Chapter 9 9.65 FWRC, and the director o# community development shall be the final approval authority for the city of Federal Way. (3) A substantial development permit shali be gran#ed by the director only when the � development proposed is consistent with the following: ��,,,����"� .__ o e ' Page 39 of 71 City of Federal Wa y SMP — Trde 15 ��I� `� �, 9-�°� x� Passed by Resolution 10-597, October 19, 2010 with Ecology requir+ed changes (a) Goals, objec#ives, poficies, and use regulations of the Federal Way shoreline master prog�am; (b) Federal Way comprehensive pian and city code; and (c) The poiicies, guidelines, and �egulations of the shoretine management act (RCW 90.58, WAC 173-26, and WAC 173-27)_ (4) The director may attach conditions to the approvai of permits as necessary to assure consistency of the proposal with the above criteria. 15.05.160 Shoreline variance. (1) The pu�pose of a shoreiine va�iance is to grant relief to specific bu1k, dimensional, or perfo�mance standards set fo�th in the shoreline master program, where the�e is an extraordinary or unique circumstance relating to the property such that the strict imptementation of the shoreline master program would impose unnecessary hardship on the applicant o� thwart the policies of the shoreline management act. (2) When a variance is requested, the substantial devefopment peRnit, if required, and the va�iance, shalt be reviewed under the p�ovisions of P�ocess IV, Chapter 19.70 FWRC, and the hearing examine� shall be the fina! approval autho�ity for the city of Federal Way. The Department of Ecology shall be the final approvai authority under WAC 173-27-200. (3) A variance f�om the standards of the master program may be granted only when the applicant can demonstrate that aN #fie following conditions will apply: (a) That the strict �equirements of the bulk, dimensional, or performance standards set forth in the master program precludes or significantly interferes with a reasonable use of the property not otherwise prohibited by the master program; (bj That the hardship described above is specifically reiated to the property and is the result of unique conditions, such as irregular lot shape, size, or natural features, and the application of the maste� program, and not for example, from deed restriction or the applicanYs own actions; (c) That the design of the project will be compatible with other permitted activities in the a�ea and will not cause adverse effects to adjacent properties or the shoreline envi�onmen#; (d) That the variance authorized does not constitute a g�ant of special privilege not enjoyed by other prope�ties, and wili be the minimum necessary to afford relief; (e) That the public interest will suffer no substantiaf detrimental effect; (fl That #he public rights of navigation and use of the shorelines wili not be adversely affected by the granting of the variance when the proposal is for development located waterward of the ordinary high water mark, or within wetlands, estuaries, marshes, bogs, or swamps; and (g) That consideration has been given to the cumulative effect of like actions in an area where similar circumstances exist, and whether this cumulative effect would be consisten# with shoreline policies or would have substantial adverse effects on the shoreline. (4� Shoreline vanances may not be used to permit a use that is specifically prohibited in an environment, or to vary uses permitted within an environmental designation. (Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No_ 97-291, § 3, 4- 1-97; �rd. No. 90-38, § 9(24.60.10 — 24.60.40), 2-27-90. Code 2001 § 18-171.) �.f������------ -� -------��� 15.0�.170 Conditional uses. ' ° Cit of Federal Wa SMP - T"�t/e �� 9 P-��``'""�"� t�ge 40 �f 71 y Y Passed by Resolution 10-597, Ocfober 19, 2010 with Ecology required changes (1) The purpose of the conditional use permit is to provide greater flexibility in varying the application of the use regulations of the shoreline master prog�am in a manner which wiA be consistent with the policies of Chapter 90_58 RCW, particularly where denial of the application would thwa�t the policies of the Shoreline Managemen# Act. {2) When a conditional use is requested, the substantiai development permit, if requi�ed, and the conditional use, shal! be reviewed under the provisions of Process IV, Chapter 19.70 FWRC, and the hearing examiner shall be the final app�ova! authority for the city of Federal Way. The Department of Ecology shall be the final approvai authority under WAC 173-27-200. (3) Conditional uses have unique and special characteristics which require a special degree of control to make #he uses compa#ible with other existing or permitted uses in the same environment, and #o assure tha# the use is in the public interest. In authoriZing a conditional use permit, special conditions may be attached to #he permit by the hearing examiner to prevent undesirable effects or mitigate environmental impacts of the proposed use. (4) Conditional use permits shail be authorized only when they are consistent with the following criteria: (a) The proposed use is consistent with the policies of RCW 90.58.020 and the policies of the shoreline mas#er program; (b) The use will �ot interfere with normal use of public sho�elines; (c) The use witl cause no unreasonable adverse effects on the shoreline or su�rounding prope�ties or uses, and is compatible with other peRnitted uses in the area; (d) The public inte�est wiil suffer no substantial detrimental effect; (e) Consideration has been given to cumulative impact of additional requests for like actions in the area. (5) Other uses not set forth in the sho�eline master program may be authorized through a conditional use permit if the applicant can demonst�ate that other uses are consistent with the purpose of the shoreline environmental designation and compatible with existing shoreline improvements, or #hat extraordinary circumstances preclude reasonable use of the property; however, uses specifically prohibited by the master p�ogram may not be authorized. (Ord. No. 00-375, § 2, 10-3-00; Ord_ No. 99-355, § 3, 11-16-99; Ord_ No. 98-323, § 3, 12-1-98; Ord. No. 90-38, § 1(24.70.10 — 24.70.50), 2-27-90. Code 2009 § 18.172.) 15.05.180 Final approval of shoreline permits. (1) The director of community development shall notify the following agencies or pe�sons within five days of the final �pprovai of a shoreline permit and any shoreline variances or conditional uses granted: (a) The applicant; �b) The state Department of Ecology; (c) Any person who has submitted written comments on the application; and (d) Any person who has requested notification in writing prior to final approval of the permit. (2) No work may commence on a site requiring a shoreline substantial development, sho�eline variance, or shoreline conditional use permit until 21 days following the "date of filing" or until all review proceedings before the Shoreline Hearings Board have terminated. �}�H ] ��� `� l ��` �.� � Page 41 of 7i City of Federal Way SMP — Title 15 Sh61�!lir� -� ��-�� Passed by Resolution 10-597, October ?9, 2010 with Ecology required changes (a) "Date of filing" fo� a substantial development permit is the date of actual receipt of the decision by the Depa�tment of Ecology. (b) "Date of filing" for a shoreline variance or shoreline conditional use permit shall mean the date the permit decision rendered by the Department of Ecology is transmitted by the department to the City and the applicant/proponent. (Ord_ No. 99-355, § 3, 11-16-99; Ord. No_ 98-323, § 3, 12-1-98; Ord_ No. 90-38, § 1(24.80.10, 24.80.20), 2-27-90. Code 2001 § 18.168.) 15.05.190 Combined hea�ing authority. In those cases when development proposed in the shorelines may require a public hearing under the authority of other chapters of this Code, the hea�ings may be combined. (Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 90-38, § 1(24.90), 2-27-90. Code 2001 § 18-174.) 15.05.200 Appeals. All appeals of any final permit decision are governed by the procedures established in RCW 90.58.180, RCW 90.58.140(6), and WAC 481-03, the rules and procedu�es of the Sho�e�ine Hearings Board. All appeals of any final peRnit decision must be made to the Shoreline Hearings Board within 21 days of the date of filing of the city's final decision conceming the substantial development permit, or forma! approval to revisions of the permit. 15.05.210 Permit �evisions. (1) A permit revision is required whenever an applicant proposes substantive changes to the design, terms, or conditions of a project from that which was approved in the permit_ When a revision of a shoreline permit is sought, the appiicant shall submit detailed plans and text describing the proposed changes in #he permit and demonstrating compliance with the minimum standards pursuant to WAC 173-27-100. (2) If the proposed changes are determined by the director to be within the scope and intent of the o�iginal permit, and are consisten# with the Shoreline Managemen# Act {RCW 90.58), the guidelines in WAC 173-26, and the Federai Way shoreiine master program, the revision shali be approved. (3) A new permit shall be required if the proposed revision would constitute development that is beyond the scope and intent of the original approval. °Within the scope and intent of the original approval" means all of the following: (a) No additional over-water construction is involved except that a pier, dock, or floating structure may be increased by #en percent (10%) over that approved under the original approval; provided that the revision does not exceed the maximum size requirements of this chapter except as authorized unde� a variance granted for tfie o�iginal development; (b) Ground area coverage and/or height may be increased a maximum of ten percent over that approved under the original approval; provided that, the revised approval does no# authorize development to exceed the height, impervious surface, setback, or any other requirements of this chapter except as au#horized under a variance granted for the original development; (c) Additional or revised landscaping is consistent with any conditions attached to the original approval and wi#h the Federal Way shoreline master program; (d) The use aUtfiorized pursuant to the original approval is not changed; and Page 42 of 7� City of Federal Way SMP — Title 1 0� !i ement �j �� Passed by Resolutron 10-597, October 19, 2010 w�th E baag�s- ----- ��--�� � �� � �� � � \ --.�.�.,� (e) The revision will not cause adverse environmental impacts beyond those originally autho�ized in the approval. 15.05.220 Replacement, alteration, or reconstruction of nonconforming use or development. (1) Applications for substantia! development or buiiding pe�mits to modify a nonconforming use or development, as defined in this chapter, may be approved only if: (a) The modifications will make #he use or development less nonconforming; or (b) The modifications will not make the use or development mo�e nonconforming; and (c) S#ructu�es that were legally established and are used for a conforming use but which are nonconforming with regard #o setbacks, buffers, or yards; area; bulk; height, or density may be maintained and repaired and may be enla�ged or expanded provided that said enla�gement does not increase the extent of �onconformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses. (2) An existing use or development, not conformi�g to existing regulations, which is destroyed, may be replaced (per "replacement structure" as defined in this chapter) as it existed prior to destruction, pfovided application for required permits is made within one year of destruction. (3) If a nonconforming use is discontinued for tweive consecutive months or for fin►elve months during any two-year period, the nonconforming rights shall expire and any subsequent use shall be conforming. (4) An undeveloped lot, tract, parcel, site, or division of land located landward of the ordinary high wate� mark which was established in accordance with local and state subdivision requirements prior to the effective date ofi the act or the Federal Way shoreline master program, but which does not conform to the present !ot size s#andards may be developed if permitted by other land use regulations of the FWRC and so long as such development conforms to all other requirements of the Federal Way shoreline master program and the act. (5) An existing mechanical improvement, not conforming to exis#ing �egulations, which breaks and cannot be repaired may be replaced, provided the replacement is no more nonconforming and applicatio� for required permits is made within one year of faifure. (Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 92-'l-98; Ord. No_ 90-38, § 1(24.100),2-27-90. Code 2001 § 18-175.) 15.05.230 Shoreiine environment redesignation. Shoreline environments designated by the master program may be redesignated by the city council upon finding that such redesignation will be consistent with: (1) The policies of Section 2 of the Shoreline Management Act of 1971. (2) The goals, objectives, and policies of the shoreline master program. (3) The designation criteria of the shoreline environment designation �equested. (Ord. No. 99-355, § 3, 19-16-99; Ord. No. 98-323, § 3, 12-1-98. Code 2001 § 18-176.) 15.05.240 Amendments to this chapter. Amendments to this chapter shali be pursuant to state review anc��ro�r��er WAC �� 176-26-110 and WAC 176-26-120. 1C � �-� � � �� � ���.� � �: .«_� Page 43 of 71 City of Federal Way SMP — Title 15 Shoreline Management � Passed by Resolution 10-597, October 19, 2010 with Ecology requir+ed changes Chapter 15.10 CRITlCAL AREAS Article I. Generaily 15.10.010 Pu�pose. The purpose of this chapter is to protect the environment, human life, and property from harm and degradation within the shoreline jurisdiction in the city of Federal Way. This is to be achieved by precluding or limiting devetopment in areas where development poses serious or special hazards; by preserving and protecting the quatity of surface water; and by p�eserving important ecological areas such as steep slopes, streams, and wetlands. The public purposes to be achieved by #his chapter include protection of water quality, g�oundwater recharge, shoreline stabilization, stream flow maintenance, stability of stope areas, wildli#e and fisheries habitat maintenance, protection of human life and property, and maintenance of natural stormwate� storage systems. 15.10.020 Applicabie provisions. (1) The provisions of #his chapter apply throughout designated shoreline areas undef the Shoreline Master P1an and must be complied with regardless of any other conflicting provisions of Title 14 and 19, FVVRC. (2) Any confiict be#ween the standards outlined in this chapter and Chapter 15.05 shall be resolved in favor of the standard that is most protective of the shoreline ecologicat func#ions. In addition to the development standards outlined in this chapter, the following minimum requirements shall apply with regard to activities and development in critical areas located within shoreline jurisdiction: (a) Minimum setbacks from the top of marine bluffs specified in FWRC 15.05.040(4)(b)(iii) shall be maintained in all cases unless a shoreline variance is granted. (b) Minimum setbacks #rom the OHWM established in FWRC 15.05.080, 15.05.090, and 15.05_100 shall be maintained in aN cases unless a shoreline variance is granted. 15.10.030 Jurisdiction. This chapter applies to the subject property if it: (1) Contains or is within 25 feet of a geologically hazardous area; (2) Contains or is within 100 feet of a weNhead; (3) Contains or is within i 00 feet of the ordinary high water mark of a major s#ream; (4) Contains or is within 50 feet o# the o�dinary high water mark of a minor stream; (5) Contains or is within 200 feet ofi the edge of any regulated wetland, inciuding regulated wetlands associated with any major stream, minor stream, or regulated lake; or � {6) Is located within a critical recharge area or a wellhead protection area (one-, five- , or 10-year wellhead capture zone). 15.10.040 Other authority and jurisdiction. Nothing in this chapter in any way limits, or may be construed to limit, #he au#hori#y of the city under any othe� applicable law, nor in any way decreases the responsibility of Page 44 of 71 City of Federal Way SMP - Title 15 Shoreline anagement •� Passed by Resolution 10-597, October 19, 2010 �����q ired chan � = . � r� r � i� �-4 � � u_-__.l_��.�- -_-- the applicant to compiy with all other appiicable local, state, and federal laws and regulations. 15.10.050 Liability. (1) Prior to issuance of any building permit or other permit by the building officiai, the applicant may be required to enter into an agreement with the city, in a form acceptable to the city attorney, releasing and indemnifying the city from and fo� any damage or liability resulting from any development activity on the subject property which is related to the physical condition of the steep slope, stream, or regulated wetland. This agreement shall be recorded in the county, at the applicanYs expense, and shall run with the property. (2) The city may also require the applicant to obtain insurance coverage for damage #o city or private property and/or city liability related to any such development activity. Article I1. Administratiot� 15.10.060 Administration. Except as otherwise established in this chapter, this chapter will be implemented and enforced as part of the city's review of any development aetivity on the subject property. 1f the development activity requires approval through Process I, II, Ili, or iV the provisions of this chapter will be implemented as part of these processes. If the development ac#ivity does not require approval through Process I, I1, or lil, the provisions of this chapter wiil be implemented through site plan review under Chapter 19.60 FWRC. 15.10.070 Maps adopted. The city hereby adopts the June 19, 1999, city of Fede�al Way final wetland inventory report, to show the locations of certain regulated we#lands in the designated shoreline areas of the Shoreline Master Plan. The city hereby adopts the Lakehaven Utility District wellhead one-, five-, and 10-year capture zone maps, as now existing o� amended_ 15.10.080 Basis for determination. The determinations rega�ding whether the subject property is regulated under this chapter, as well as the extent and nature of the regulations that wiil apply to the subject property, wifl be determined based on environmental infiormation and mapping possessed by the city as well as other information and mapping provided by or through the applicant. The city may require the applicant, at the applicanYs expense, to provide any information, mapping, studies, materials, inspections, or reviews #hat are reasonably necessary to implement this chapter and to require that such information, studies, mapping, materials, inspections, and reviews be provided or performed by a quaiified professional acceptable to the city. Other provisions o# this chapter detail other information and inspections that may be required in some instances_ 15.10.090 Bonds. The city may require a bond under Chapter 19.25 FWRC to ensure compliance with any aspect of this chapter. �X� ��' "°�'� __� � � s ..,,,�., { 9 5.10.100 Dedication. ��� E _��� ���,��.,� Page 45 of 7i City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 90-597, October 19, 2010 with Ecology required changes The city may require the applicant to dedicate development rights or an open space easement to the city to ensure p�otection of steep slopes, we11s, streams, and regulated wetlands and other areas within the jurisdiction of this chapte�. 15.10.110 Certain activities not subject to critical area standards. (1) The following activities are not subject to the provisions of this chapter: (a) Emergencies that, in the opinion of the shoreline administrator, th�eaten the pubiic health, safety, and welfare, where impacts to critical areas and their buffers are mitigated to the extent feasible following the emergency actions; (b) Normal and routine maintenance and repair of the following facilities, for wfiich a maintenance plan has been approved by the public works director, provided that impacts to critical areas and their buffers are mitigated to #he extent feasible: (i) Existing drainage ditches provided, however, that this exception shall not apply to any ditches used by salmonids other than to permit free migration of salmonids to their spawning grounds; {ii) Surface water facilities, provided that such activities shall no# involve conversion of any regulated wetland not currently being used for such activity; {iii) Existing public facilities and utility structu�es or rights-of-way. � The maintenance plan may be designed to address individual facilities or facility components, area-wide facilities, or city-wide systems. The maintenance plan sha11 identify the nature of the potential maintenance or repair activities, specifications for work which may occur within potential sensitive areas, specifications for restoring and/or mitigating impacts, specifications for timing of maintenance or repair activities, and process for contacting or notifying the city of pending maintenance or repair activities to ensure compliance with the approved plan. The public works director may require that an appropriate bond or security be maintained with the city to ensure restoration of disturbed areas. (2) Any activities not subject to the provisions of this chapter are still subject to the requirements of Chapter 15.05 FWRC. Article III. General Site Design Requirements 15.10.120 Responsibitity of applicant. The applicant shall locate all improvements on subjec# property to minimize adverse impacts to geologically hazardous areas, wells, streams, regulated wetlands, and critical aquifer recharge and wetlhead protection areas. 95.90.130 Vehicle circulation areas. The applicant shall locate all pa�king and vehicle circufation areas as far as possible from any geologically hazardous area, wellhead, stream, and regula#ed wetland. 15.10.140 Time limitation. The city may limit development activities which invoive any clearing and grading activity to specific months of the year and to a maximum number of continuous days or � �, hours in order to minimize adverse impacts. [�(H � B I� �— - . � } �� .� � � 15.10.150 Other requirements. z�°` �� � �'� _`�T`�', ,, ":... � �_ _._�.,. _.�«,...,. Page 46 of 71 City of FederaJ Way SMP — Title 15 Shoneline Management Passed by Resolu6on 10-597, October 99, 2010 with Ecology required changes The city may �equire other construction techniques, conditions, and restrictions on development in order to minimize adverse impacts on geologically hazardous areas, wells, critical aquifer recharge areas and wellhead protection areas, streams, or regulated wetlands. • Article IV. Geologically Hazardous Areas Development 15.10.160 Limitations. {1) This section regulates developmen# activities and clearing and g�ading on or within 25 feet of a geologically hazardous area. Refer to FWRC 15.05.040(b){iii) for additional requirements �elated to prope�ties with steep slopes and bluffs. (2) Development activities, clearing and grading, or the installation and maintenance of landscaping normally associated with residential, commercial, or park use may not occur on or witfiin 25 feet of a geologically hazardous area unless no reasonabte alternative exists and then only if the deveiopment activity or clearing and grading will not lead to or create any increased slide, seismic, of e�osion hazard. (3) Before approving any development activity or clearing and grading under #his section, the city may require the applicant to submit the following information: (a) A soils report prepared by a qualified professional engineer licensed in the state which describes how the proposed development will impact each of the foilowing on the subjec# property and nearby prope�ties: (i) Slope stability, landslide hazard, and sloughing. (ii) Seismic hazards. (iii) Groundwater. (iv) Seeps, springs, and other surface waters. (v) Existing vegetation. (b) Recommended foundation design and op#imai iocation for roadway improvements. (c) Recommended methods for mitigating identified impacts and a description of how these mitigating measures may impact adjacent properties. (d) Any other information the city determines is reasonably necessary to evaluate the proposal. (4) I# #he city approves any development activity or cfearing and grading under this section, it may, among other appropria#e conditions, impose the following conditions o# approvai: (a) That the recommendations of the soils report be followed. (b) That the applicant must pay for the services of a qualified professional engineer selected and retained by the city to review the soils report and other relevant information. (c) That a qualified professional engineer be p�esent on site during all clearing and grading activities. (d) That trees, shrubs, and groundcover be retained except where necessary for approved development activities on the subject property. (e) That additional vegetation be planted in disturbed areas. � � �"I' �, � � _..�„a � , € � F�i r. a.l9 � ..._� i � §� „�.� � � t . ... _ . _;_-c-:-s_Y. Page 47 of 71 City of Federal Way SMP - Title 95 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes Article V. Streams 15.10.170 Stream setbacks. (1) No clearing and grading or improvements may take place or be located in a stream or within the foltowing stream setback areas except as allowed within this chapter: (a) The stream setback area for a major stream includes all areas within 100 feet outward f�om the ordinary high water mark of a major stream. (b) The stream setback area for a minor stream includes al! a�eas within 50 feet outward from the ordinary high water mark of a minor stream. (2) The stream setback areas established by this section do not apply to any segment of a stream that is presently within a culvert, unless that stream wili be taken out of the culvert as part of development of the subject property. 15.10.180 Relocation. . (1) Relocation of a stream on the subject property is permitted subject to all of the conditions and restrictions of this section. {2) A proposal to relocate a stream wili be reviewed and decided upon using process IV per Chapter 19.70 FWRC. (3) As part of any request under this section, the applicant must submit a stream relocation plan, prepared by a qualified professional approved by the city that shows the foNowing: (a) The creation of a natural meander pattern. {b) The formation of gentle side slopes, at least finro feet horizontally to one foot vertically, and the installation of erosion controi features fo� stream side slopes. (c) The creation of a narrow subchannel, where feasible, agains# the south or west bank. (d) The utilization of natural materiats, wherever possible_ (e) The use of vegetation normally associated with streams, including primarily native riparian vegetation. (fl The creation of spawning and nesting areas, wherever appropriate. (g) The re-establishment of the fish population, whereve� feasible_ (h) The restoration of water flow characteristics compatible with fish habitat areas, wherever feasible_ (i) The fiUing and revegetation of the prior channeL (j) A proposed phasing plan specifying time of year for atl projec# phases. (4) The city wi11 allow a stream to be reiocated only if water quality, habitat, and stormwater retention capability of the streams will be significantly imp�oved by the relocation. Convenience to the applicant in order to facilitate general site design may not be considered. (5) Prior to diverting water into the new channei, a qualified professional approved by the city shall inspect the new channel following its completion and issue a written repo�t to the shoreline administrator stating that the channel complies with the requirements of #his section_ (6) The amount of flow and velocity of the stream may not be increased or decreased as the stream enters or leaves #he subject property. ��� ���� � 15.10.190 Culverts. � ,��� �� . � _'<r,r D � ` _ _ _ _ � } � g � 1 .y Page 48 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Reso/ution 10-597, October i9, 2090 with Ecology required cf�anges (1) Culve�ts are pe�mitted in streams within the shoreiine jurisdiction of the City only if approved under this section_ (2) The city will review and decide upon applications under this chapter using process IIt per Chapter 19.65 FWRC. .(3) The city will allow a stream to be put in a culvert only if: (a) No significant habitat area will be destroyed; and (b) No other feasible site design alternative exists, which aiiows the stream to remain in an open condition. Convenience to the applicant in order to facilitate gene�al site design will not be considered. (4) The culver# must be designed and installed to allow passage of fish inhabiting or using the stream. The culve�t must be large enough to accommodate a 100-year storm. (5) The applicant sha8, at all times, keep ali culverts on the subject property free of debris and sediment so as to allow f�ee passage of water and, if applicable, fish. The city shaN requife a bond under Chapter 19.25 FWRC to ensure maintenance of the culve�t approved under this section. 15.10.200 Removal of streams from culverts. If development of the subject property �equires app�oval through Process 1, II, or III of Title 19 FWRC, the city may require the stream to be taken out of the culve�t and restored to a natural channel configuration as part of the city's approva! of devefopment of the subject property. 15.10.210 Rehabilitation. The shoreline administrator may permit or require the applicant to �ehabilitate or maintain a st�eam by requiring the removal of detrimental materials such as debris, sediment, and invasive, non-native vegetation. Approval of stream rehabilitation shall be based on a review of a plan containing, at a minimum, an analysis of existing conditions, identification of the source, if possible, of the degradation of the stream or riparian zone, proposed corrective ac#ions, including installation of native species within the riparian corridor, performance standards, monitoring schedule, planting plans, erosion and sedimentation control plans, and grading plans as necessary_ Tfie shoreline administrator shaN require an applicant to retain the services of a qualified professional in preparing the restoration plan. These actions may be permitted or required at any time that a condition detrimental to water quality, stability of stream banks, degradation of existing naturally vegetated buffers, or in stream habitat exists. Intrusions into regulated steep slopes and associated setbacks will be allowed for purposes of approved stream rehabilitation projects_ 15.10.2201ntrusion into stream setbacks. (1) Essential public facilities, public utilities, and other public improvements. The shoreiine administrator may permi# the placement of an essential public facitity, public utility, or other public improvements in a se#back from a stream if he or she determines that the line or improvement must traverse the setback area because no feasible alternative location exists based on an analysis of technology and system efficiency. The specific location and extent of the intrusion into the setback area must constitute the minimum necessary encroachment to meet the requirements of the pubiic facility or utility. "Public utility and other public improvements" shall not include improvements whose primary purpose is to benefit a private development, including without limitation interior roads or privately owned detention facilities instalied within o� during the Page 49 of 71 City of Federal Way SMP - Title 15 ��t�r li l�+agement 'g Passed by Resofut+on 10-597, October 99, 2010 wifh �dl�� -sha�ges -- *``�"' �AG�...�����. construction of a residentiai subdivision, binding site plan, or other commercial development_ (2) Minor improvements. Minor improvements such as footbridges crossing the stream, walkways, and benches may be located within the setback area if approved through Process 111 per Chapter 19.65 FWRC, based on the following cnteria: (a) It will not adversely affect water quality; (b) It will not adversely affect the existing quality of wildlife habitat within the stream or setback area; (c) It wiN not adversely affect drainage or stormwater retention capabilities; (d) It will not lead to unstable earth conditions nor create erosion hazards; (e) It will not be materially detrimental to any other property nor to the city as a whole; and (fl lt is necessary to correct any one of the adverse conditions spec�ed in subsections (2)(a) through (2)(e) of this subsection. (3) Other intrusions. Other than as specified in subsections ('I ) and (2) of this section, the city may app�ove any request to locate an improvement or engage in clearing and grading activities within stream setback areas only through process 1V pe� Chapter 19.70 FWRC, based on the following criteria: (a) It will not adversely affect water quality; (b) It wiil not adversely affect the existing quality of wildlife habitat within the s#ream or setback area; (c) It will not adversely affect drainage or stormwa#er retention capabilities; (d) It will not lead to unstable earth conditions nor create erosion hazards; (e) It wiN not be materially detrimental to any other prope�ty in the area of the subject property nor to the city as a whole, including the loss of significant open space; and (fl I# is necessary for reasonable development of the subject property not otherwise prohibited by the Shoreline Master Program. 15.10.230 Additional requirements for clearing and grading. If any clearing and grading is permitted within the stream or stream setback area, the applicant sha11 comply with the following additional requirements: (1) AA fill material used must be nondissolving and nondecomposing. The fill material must not contain organic or inorganic rnaterial that woufd be detrimental to wate� quality or the existing habi#at. (2) The applicant may deposit dredge spoiis on the subject property only if part o# an approved development on the subject property. {3) The applicant shall stabilize all areas left exposed after clearing and grading with native vegetation normally associated with the s#ream or se#back area. Article VI. Regulated Wetlands 15.10.240 Determination of wetfand and regulated wetiand. (1) Generally. The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of Ecology Publication No. 96-94) as set forth in WAC 173-22-080, as it exists as of November 1, 1999, or as subsequently amended, wii! be used for ident�cation and delineation of wetlands within the city. Although a site- specific wetland may not meet the criteria described above, it will be considered a regulated wetland if i# is functionally related to another wetland that meets the criteria. City of Federal Way SMP — Tifle � }�gement �j .,.�.`� Passed by Resolution 10-597, October 19, 2010 with s O g� �, k ��.�� � � 5 :;�.,� � _�,...t�.� e �,� ...__.,....._ . . .. . Page 50 of 71 Where vegetation fias been removed, a wetland may be determined by the p�esence of hydric soils, as well as other documentation of the previous existence of wetland vegetation such as aerial photographs. (2) Evaluation. !f the city determines that a wetland may exist on or within 200 feet of the subject property, the shoreline administrator shall require the applicant to submit a wetland repo�t, prepared by a qualified p�ofessional approved by the city, that includes the information set fo�th in subsections (2)(a) through (2)(g) and (3) of this section. The shoreline administrator shall use the information required by subsections (2)(a) and (2)(b) to determine if the area is a regulated wetland and, if so, shall use the information required by subsections (2)(c) through (2)(g) and (3) to determine the category and the precise boundaries of that regulated wetland. (a) An evaluation of wt�ether the area in question is a regulated wetland based upon the definition of wetland and the size thresholds, outlined in FWRC 15,10.250. (b) An overview of #he methodology used to conduct the study. (c) A description of the wetland and plant communities found therein, a map delineating the edge of the wetland and location of plant communities, and a detailed description of the method used to identify the wetland edge. {d) The wetland classification, according to the U.S. Fish and Wildlife Service "Classification of Wetlands and Deep Water Habitats in the U.S." (e) A iist of observed plant and wildlife species, using both scientific and common names, and a description of their relative abundance. (� A list of potential plant or animat species based on signs o� other observation. (g) An evaluation and assessment of the existing or potential functions and vaiues of the wetland based on the following facto�s: surface wate� control; wildlife habitat; poilution and erosion control; groundwater exchange; open space and recreation; and educational and cultural opportunities. (3) Drainage facilities. Surface water ponds, drainage ditches, and other such facilities which were designed to impound or convey wa#er fo� an engineered purpose are not considered regulated wetlands under this chap#er provided they meet a!I of the following criteria: (a) The drainage facility must have been intentionally hurnan created. This is to differentiate f�om those wetiand sites that are accidental consequences of development actions, such as road construction or culvert placement. Such sites may be considered regulated wetlands by the director upon a review, under subsection (2)(g) of this section, of the ecological functions and values o# the site. (b) The drainage facility must have been originaHy constructed on upiands (nonwettand areas). If the drainage facility is loca#ed within a straightened, channelized, or o#herwise distu�bed natural watercourse, it may be considered a regulated wetland by the directo� upon a review, under subsection (2)(g) of this section, of the ecological functions and vaiues of the site. (c) The facility must be actively ope�ated as a surface water drainage facility. Abandoned drainage facilities may be considered regulated wetlands by the director upon a review, under subsection (2)(g) of this section, of the ecological functions and values of the site. (d) Wetland conditions have not expanded beyond the originaAy constructed drainage facility boundary. In such a case, the expanded area may be considered a regulated wetland by the director upon review, under subsection (2)(g) of this section, of the ecotogical functions and values of the site. Page 51 of 7� City of Federal Way SMP — Title r�agement $ Passed by Resolution 10-597, October 19, 2010 with y 1j+e���e� �� ""` ����� � ����_��:�.�� (e) The drainage facility was not designed or constructed as a requirement to mitigate previous wetlarid impacts. (fl The director finds #hat limited ecological functions and values do not warrant application of the city's wetland regulations. 15.10.250 Wetland categories and standard buffers. (1) Wetlands are ciassified into the following categories: (a) Category l wetlands meet one of the following criteria: (i) Contain the presence of species o� documented habita# recognized by state or fede�al agencies as endangered, threatened, or potentially extirpated plant, fish, or animal species; or (ii) Contain the presence of plant associations of infrequent occurrence, irreplaceable ecoiogical functions, o� exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature forested we#lands, groundwater exchange areas, significant habitat, or unique educational sites; or (iii) Have three or more wetland classes, one of which is open water. (b) Category ll wetlands are greate� than 2,500 square feet in area, do not exhibit the characteristics of Category I wetlands, and meet one of the following criteria: (i) Are contiguous with water bodies or tributaries to water bodies which under normal circumstances contain o� support a fish population, including streams where flow is intermittent; or (ii) Are greater thah one acre in size in its entirety; or {iii) Are less than or equal to one acre in size in its entirety and have two or more wetland ciasses, with neither class dominated by non-native invasive species. (c) Category lll wetlands are grea#er than 2,500 square feet in area and do not exhibit those charac#eristics of Category I or 1! wettands. (2) Standard buffer widths for regulated wetlands are established as follows: (a) Category I wetlands shall have a standard buffer width of 200 feet. (b) Category II wetlands shall have a standard buffer width of 100 fee#. (c) Category III wetlands shall have a standard buffer width of 50 feet for wetlands that are greater than 10,000 square feet in area, and shaU have a standard buffer width of 25 feet for wetlands that are between 2,500 to 10,000 square feet in area. 15.10.260 Structures, improvements, and clearing and grading within regulated wetlands. (1) Generally. No clearing and grading may take place and no structure or improvement may be located in a regulated wetland except as provided in this section. (2) Public park. The city may allow pedestrian access through a regulated wetland in conjunction with a public park_ The access, if approved, must be designed to the maximum extent feasible to protect the wetiand from any adverse effects or impacts of the access and to limit the access to the defined access area. (3) Rehabilitation. The shoreline administra#or may permi# or require an applicant to rehabilitate and maintain a regulated wetland by removing detrimen#al material such as debris and inappropriate vegetation and by requiring that native vegetation be planted. These actions may be required at any time that a condition detrimental to water quaiity or habitat exists. � (4) Modification. Other than as specified in subsections (2) and (3) of this section, the city may approve any request to locate an improvement or engage in clearing and Page 52 of 71 City oiFederal Way SMP — Title 5 r �ageme»t � Passed by Resolution 10-597, October 19, 2010 wirit ��}� ..cbaage�- _._.____-_--T-_,---.�.. a PAGE�O� ..�,�,�� �� grading within a regulated wetland using Process IV per Chapter 19.70 FWRC. The specific locatio� and extent of the intrusion into the regulated wetland must constitute the minimum nec�ssary encroachment_ Approval of a request for improvements or clearing and grading within a regulated wetland through Process IV of FWRC Chapter 19 shall be based on the following criteria: (a) It wiil not adversely affect water quality. (b) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat. (c) It wiN not adve�sely affect d�ainage or stormwater retention capabilities. (d) It will not lead to unstable earth conditions nor create erosion hazards. (e) It will not be materially detrimental ta any other property in the area of the subject property nor to the city as a whole, including the loss of open space. (fl It will result in no net loss of wetland area, function, or value. (g) The project is in the best interest of the public health, safety, or we!#are. (h) The applicant has demonstrated sufficient scientific expe�tise and supervisory capability to carry out the project. (i) The applicant is committed to monitoring the project and to making corrections if the project fails to meet projected goals. (5) Required information. As part of any request under this section, the applicant shali submit a report, prepa�ed by a qualified professional approved by the city that includes the following information: (a) Mitigation plan. A mitigation plan shali include the following elements: (i) Environmental goals and objectives. (ii) Performance standards. {iii) Detailed construction plans. (iv) Timing. (v) Monitoring program for a minimum of five years. (vi) Contingency plan. (vii) Subject to the applicanYs election of timing alternatives provided in subsection (5)(d) of this section, a performance and maintenance bond in an amoun# of 9 20 percent of the costs of implementing the mitigation plan or the contingency plan, whichever is greater. (b) Mitigation. Mitigation of wetland impacts shall be restricted to restoration, creation, or enhancement, within the same basin, of in-kind wetland type which results in no net loss of wetland area, function or value. Where feasible, mitigation measures shall be designed to improve the functions and values of the impacted wetland. (c) Minimum acreage mitigation ratio. The following are ratios for p�oviding restoration, creation, or enhancement of impacted wetland areas. The first number of the ratio specifies the acreage of wetland requiring restoration, creation, or replacement and the second specifies the acreage of wetlands impacted. Wetiand Category Creation and Enhancement Restora#ion Category I 6:1 12:1 (all types) Category II: Page 53 of 71 City of Federal Way SMP - Title ��i�l�l�l�nagement __�^�^ Passed by Resolution 90-597, October 19, 2010 with colo��requ� r �nges . d A E_.:�.1.�F Forested 3:1 6:1 Scrub/Shrub 2:1 4:1 Emergent 2:1 4:1 Category 111: Forested 2:1 4:1 Scrub/Shrub 1.5:1 3:1 Emergent _ 1.25:1 2.5:1 The director may permit or require the above replacement ratios to be increased or decreased based on the following criteria: (i) Probable success of the proposed mi#igation. (I!) Projected losses in function or value. (ill) Findings of special studies coo�dinated with agencies with expertise which demonst�ate that no net loss of wetland function or value is attained under an alternative ratia (I� In no case shall the minimum acreage replacement ratio be less than 1.25:1. (d) Timing. All �equired wetland mitigation improvements, including monitoring, shall be completed and accepted by the shoreline administrator prior to beginning activities that will disturb regulated wetlands, or the applicant sha11 provide the performance and maintenance bond specified in subsection (5)(a)(vii) of this section. in either event, the applicant may not take any action that disturbs a regulated wetland or its buffer until the director has reviewed and approved the mitigation plan. All wetland- or buffer-disturbing activities, and ali mitigation, shall be timed to reduce impacts to existing plants and animals. (e) Inspections. The applicant shall pay for seniices of a qualified professional selected and retained by the city to review the wetland mi#igation report and other reievant information, conduct periodic inspections, issue a written report to the shoreline administrator stating that the project complies with requirements of the mitigation plan, and to conduct and report to the director on the status of the monito�ing program. 15.10.270 Structures, improvements, and clearing and grading within regulated wetland buffe.rs. (1) Generally. Except as ailowed in this section, no clearing and grading may take place and no structu�e o� improvement may be located within a reguiated wetland buffer. (2) Wetland buffer averaging. Wetland buffers may be averaged only when the wetland or the buffer which is proposed to be reduced contains habitat types which have been so permanently impacted that reduced buffers do not pose a detriment to the existing or expected habitat functions. Through Process Ill per Chapter 19.65 FVNRC, the applicant must demonstrate to the satisfaction of the shoreline administra#or that the proposed buffer averaging will meet all of the following criteria: (a) Reduced buffers wiA not affect the water quaiity entering a wetland or stream; (b) Reduced buffers will not adversely affect the existing quality of wildlife habitat within the wetland or the buffer; (c) Reduced buffers will not result in unstable earth condi#ions nor create erosion hazards; and � Page 54 of 71 City of Federal Way SMP — Titl�����14���---- i �'-�-'� Passed by Resolution 10-597, October 19, 2010 w����quined ch�s �' �, �L.I 1 ..� (d) Reduced buffers wifl not be detrimental to any other public or private properties, including the loss of open space_ At no point shali the buffe� width be reduced to less than 50 percent of the required standard buffe� width, unless the buffer, in existing conditions, has already been permanently eliminated by previous, legally permitted ac#ions. The total area contained within the buffer after averaging shall be equal to the area required for standard buffer dimensions. (3) Essential public facilities, public utilities, and other public improvemenfs. The shoreline administrator may permit the placement of an essentiai public facility, public utility, or other public improvements in a regulated wetland buffer if he or she determines that #he iine or improvement must traverse the buffer because no feasible o� alternative location exists based on an analysis of technology and system efficiency. The specific iocation and extent of the intnasion into the buffe� must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility_ (4) Minor improvements. Minor improvements such as footbridges, waikways, and benches may be located within the buffer #rom a regulated wetiand if approved through Process III per Chapter 19.65 FWRC, based on the foliowing criteria: (a) It will not adversely affect water quality; (b) it witl not adversely affect the existing quality of the wetland's or buffer's wildlife habitat; (c) It will not adversely affect drainage or stormwater retention capabilities; (d) It will not lead to unstable earth conditions nor create erosion hazards; and (e) !t will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole. (5) Wetland buffer reduction. Through Process Ill per Chapter 19.65 FV1/RC, the shoreline administrator may reduce the standard we#iand buffer width by up to 50 percent, but in no case to less than 25 feet, on a case-by-case basis, if the project includes a buffer enhancement plan which utilizes app�opriate native vegetation and cleariy substantiates that an enhanced buffer will improve and provide additional protection of wetland functions and values, and where one of the following conditions can be demonstrated: (a) Existing conditions are such that the required standard buffer exists in a permanen#ly altered state (e.g., roadways, paved par{cing lots, permanent structures, etc.) which does not provide any buffer function, then the buffer can be reduced for that portion where the in#rusions are existing. (b) Except for Category I wetlands, existing conditions are such that the wetiand has been permanently impac#ed by adjacent development activities, as evidenced by such things as persistent human alterations or the dominance of non-native invasive species. ' The director shall have the authority to determine if buffer averaging is warranted on the subject property and, if so, may require additional buffer area on other portions of the perimeter of the sensitive area. (6) Modification. Other than as specified in subsections (2) and (3) of this section, the city may approve any request to locate an improvement or engage in clearing and grading within the buffer from a regulated wetland througfi Process IV per Chapter 19.70 FWRC, based on the following criteria: {a) ft will not adversely affect water quality; ��� � � ■ � s 1 � G �`-` ^� '��` ��� ii0 w..'6LU�F�.�� � �. ��a'.: h:�'� Page 55 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology requir�ed changes (b) It wiii not adversely affect the existing quality of the wetland's or buffer's wildiife habitat; (c) It will not adversely affect drainage or stormwater retention capabilities; (d) It will not lead to unstable earth conditions nor create erosion hazards; and (e) It will not be materially detrimental to any other property in the area of the subject prope�ty nor to #he city as a whole, including the loss of open space. Any modification under this subsection shalt not �educe the s#andard buffer by more than 50 percent, and in no case shall the remaining buffe� be less than 25 feet. The city may requi�e, as a condition to any modification granted under this subsection, prepafation and implementation of a wetland buffer enhancement plan to protect wetland and buffer functions and values. (7) Revegetation. The applicant shall stabilize ali areas left exposed after clearing and g�ading with native vegetation normaily associated with the buffer. (8) Wetland buffer increases. The director shall require inc�eased environmentally sensitive area buffer widths on a case-by-case basis when the director determines that a larger buffer is necessary to protect environmentally sensitive area functions, values, o� hazards based on site-specific conditions. This determination shall be supported by appropriate documentation showing that additional buffer width is reasonably related to protection of environmentally sensitive area functions and values, or protec#ion of public health, safety, and welfare. Such determination shall be attached as permit conditions. The determination shall demonstrate that at ieas# one of the foNowing factors is met: (a) There is habitat for species tisted as threatened or endangered by state or federal agencies present within the sensitive area and/or its buffer, and additional buffer is necessary to maintain viable functional habitat; (b) There are conditions or features adjacent to the buffer, such as steep slopes or erosion hazard areas, which over time may pose an additional threat to the viability of the buffer and/or the sensitive area. In such circumstances, the city may choose to impose those buffers, if any, associated with the condition or feature posing the threat in addition to, or to a maximum, beyond the buffer required for the subject sensitive area. Article VII. Critical Aquifer Recharge Areas and Wellhead Protection Areas 15.10 280 Limitations. This division regulates any development activity, or division of land which requires review under Title 14 FWRC, Environmental Policy, and which is iocated within designated wellttead capture zones. Wellhead Capture Zones 1, 2, and 3 are designated as critical aquifer recharge areas under the provisions of the Growth Management Act (Chapter 36.70A RCW) and are established based on proximity to and t�avel time of groundwater to the city's public water source wells. Tfiis division shall not apply to projects that have received a letter of completeness prior to the effective date of the amendments. 15.10.290 Classification of weilhead capture zones. The Lakehaven Utility Distric# (LUD) has designated th�ee wellhead capture zones based on proximity to and travel time of g�oundwater to the city's public water source wells. (1) Wellhead Capture Zone 1 represents the land area overlaying the one-year time- of-travel zone of any pubfic water source well owned by LUD. ���' B�°�` _� � f� � g l . Page 56 of 71 City of Federa! Way SMP - Title 15�� li °� ana � '_,.�,...�, ,:,,.,,,�;:, Passed by Resolution 10-597, October 19, 2010 wrth Ecology requmed changes (2) Wellhead Capture Zone 2 �epresents the land area overiaying the five-year time- of-travei zone of any public water source well owned by LUD, excluding the land area contained in WeUhead Capture Zone 1_ (3) Welthead Capture Zone 3 represents the land area overlaying the 10-year time- o# travel zone of any public water sou�ce well owned by LUD, excluding the land area contained in Wellhead Capture Zones 1 or 2. 15.10.300 General requirements. (9 ) Activities may only be permitted in a c,�itical aquifer recharge area and wellhead protection area if the applicant can show tha# the proposed activity will not cause contaminants to enter the aquifer. {2) The city shall impose devefopment conditions to prevent degradation of the critical aquifer recharge and wellhead p�otection areas. Ail conditions to permits shall be based on known, available, and reasonable methods of prevention, control, and treatment (AKART). (3) The p�oposed activity must comply with the wa#er source protection requirements and recommendations of the Federal Environmental Protection Agency, State Depa�tment of Ecology, State Department of Health, and the King County health department. (4) The proposed activity must be designed and constructed in accordance with #he King County Surface Water Design Manual (KCSWDM), the Federal Way Addendum to the KCSWDM, and the King County Stormwater Pollution Control Manual (BMP manual). 15.10.310 Prohibited activities in Wellhead Capture Zone 1. (9 ) Land uses or activities for development that pose a significant hazard to the city's groundwater resources resulting from storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances shall be prohibited in Wellhead Capture Zone 1, except as specified in FWRC 19.30.170. These land uses and activities inciude, but are not limited to: (a) On-site community sewage disposal systems as defined in Chapter 248-272 WAC; (b) Hazardous iiquid pipelines as defined in Chap#er 81.88 RCW; (c) Solid waste landfilis; (d) Solid waste transfer stations; (e) Liquid petroleum refining, reprocessing, and storage; (f� The storage or distribution of gasoline treated with the additive MTBE; (g) Hazardous waste treatment, storage, and disposal facilities (ezcept those defined under permit by rute for industrial wastewater treatment processes per WAC 173-303-802(5)(c)); (h) Chemical manufacturing, including but not limited to organic and inorganic chemicals, plas#ics and resins, pharmaceuticals, cleanin� compounds, paints and lacquers, and agricultural chemicals; (i� Dry cleaning establishments using the solvent perchloroethylene; (j) Primary and secondary metal industries that manufacture, produce, smel#, or refine fer�ous and nonferrous metals from molten materials; (k) Wood treatment faciGties, including wood preserving and wood products preserving; (I) Mobile fleet fueling operations; ������ $ � Page 57 of 71 City of Federaf Way SMP — Ti e n�" �;'""� Passed by Reso/ution 10-597, October 19, 2090 w r� � qwred �es � t_ ���i�E.�'�= ---� --�°—_.,.t,�.-� (m) Mining {metal, sand, and gravei); and (n) Othe� land uses and activities that the city dete�mines would pose a significant groundwater hazard to the city's g�oundwater supply_ (2) The uses listed in subsection 1 of this section represent the state of present knowledge and most common description of said uses. As other polluting uses are discovered, or other terms of description become necessary, they will be added to the list of uses prohibited within this zone. 15.10.320 Regulation of facilities handling and storing hazardous materials. (1) Any development activity or division of land which requires review under Title 14 FWRC, Environmental Policy, tocated in critical aquifer �echarge areas (Wellhead Capture Zones 1, 2, and 3) shall submit a hazardous materials inventory statement with a development permit application. Ongoing opera#ion and maintenance activities of public wells by public water providers are exempt from these requirements. (2) The development review committee will review the hazardous materiais inventory statement along with the land use application, to determine whether hazardous materials meeting the definition of Chapter 19.05 FWRC will be used, stored, transported, or disposed of in connection with the proposed activity. The development review committee shall make the following determination: (a) No hazardous materiais are involved. {b) Hazardous materials are involved; howeve�, existing laws or. regulatio�s adequately mitigate any potential impact, and documentation is provided to demonstrate compliance. (c) Hazardous materials are involved and the proposal has the potentiai to significantly impact cri#ical aquifer recharge areas and wellhead capture zones; however, sufficient information is not available to evaluate the potent+al impact of contamination. The city may require a hydrogeologic critical area assessment report to be prepared by a qualified groundwater scientist in order to determine the potential impacts of contamination on the aquifer. The repo�t shall include the following site- and proposal-related information, at a minimum: (i) Information regarding geologic and hydrogeologic characteristics of the site, including the surface location of the wellhead capture zone in which it is located and the type of infiltration of the site. (ii) Groundwater depth, flow direction, and gradient. (iii) Location o# other critical areas, including surface waters, within 200 feet of the site. (iv) Best management pracfices (BMPs) and integrated pest management (IPMj proposed to be used, including: (A) Predictive evaluation of groundwater withd�awal effects on nearby wells and surface water features; (Bj Predictive evaluation of contaminant transRo�t based on potential releases to groundwater; and (C) Predictive evaluation of changes in the infiltration/recharge rate. (3) A spill containment and response plan may be required to identify equipment and/o� structures that could fail, and shall include provisions fo� inspection as required by the appficable state reguiations. (4) A groundwater monitoring plan may be required to monitor quality and quantity of groundwater, surface water runoff, and/or site soils. The city may �equire the owner of a #acility to install one or more groundwater monitoring wells to accommodate h equired Page 58 of 77 City of Federal Way SMP — Title .�r �i►��ag�rx+e��t ---- _� __ _ Passed by Resolution 10-597, October 19, 2010 with �lpgy:,C�quined cha�� � p��at� _ � groundwater monitoring. Criteria used to determine the need for si#e monitoring shal! include, but not be iimited to, the proximity of the facility to production or monitoring wetis, the type and quantity of hazardous materials on site, and whether or not the hazardous materials are stored in underground vessels. (5) The city may employ an outside consultant a# the applicanYs expense for third- party review of the hydrogeologic critical area assessment report, the spill containment and response plan, and the groundwater monitoring plan. 15.10.330 Performance standafds. (1) Any new or existing use applying for a development permit, or subdivision approval which requires review under Title 14 FWRC, Environmental Policy, within . Wellhead Capture Zone 1, which invofves storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances meeting the de�nition of Chapter 19A5 FWRC sha11 comply with the fiollowing standards: (a) Secondary containment. (i) The owner or operator of any facility or activity shaN provide secondary containment for hazardous materials or other deleterious substances in quantities specified in the International Fire Code. (ii) Hazardous materials stored in tanks that are subject to regulation by the Washington State Department of Ecology under Chapter 173-360 WAC (Underground Storage Tank Reguiations) are exempt from the secondary containment requirements of this section; provided, #hat documentation is provided to demonstrate compliance with those regulations. {b) Design and construction of new stormwater infiltration systems must address site-specitic risks of releases posed by aA hazardous materials on site. These risks may be mitigated by physical design means, or equivalent best management practices, in accordance with an approved hazardous materials management plan. Design and construction of said stormwater ir�filtration systems sfiall also be in accordance with the KCSWDM, as amended by the city of Federal Way, and sha11 be certified for comptiance with the requirements of this section by a pro#essional engineer or engineering geologist registered in the state of Washington. {c) The following standards shal! apply to construc#ion activities occurring where construction vehicles will be refueled on site, and/or hazardous matefiais meeting the definition of Chapter 19.05 FWRC will be stored, dispensed, used, or handled on the construction site. As part of the city's project permitting process, the city may require any or all of #he foNowing items: (i) De#aiied monitoring and construction standards; (ii) Designation of a person on site during operating hours who is responsible for supervising the use, storage, and handling of hazardous materials, and who has appropriate knowledge and training to take mitigating actions necessary in the event of a fire or spill; {iii) Hazardous material storage, dispensing, refueling areas, and use and - handling areas shaH be provided with secondary containment adequate to contain the maximum release from #he ia�gest volume container of hazardous materials stored at the �construction site; (iv) Practices and procedures to ensure that hazardous materials left on site when the site is unsupervised are inaccessible to the public. Lodced storage sheds, locked fencing, locked #uel tanks on construction vehicles, or other techniques may be used #o preclude access; �.. '�`- Pa e 59 of 71 �� 1—..---- --_ .___..�_�,,.�.,._ 9 City of Federal Way SMP - Tdle �l�' ����ne Managem � Passed by Resolution 10-597, October 99, 2010 with �c���quir�d cha,�� _ � _ � r"+ �--�- (v) Practices and procedures to ensure that construction vehicles and stationary equipment that are found to be leaking fuel, hydraulic fluid, and/or other haza�dous materials will be removed immediately, or repaired on-site immediately_ The vehicle or equipment may be repaired in place, provided the ieakage is completely contained; (vi) Practices and procedures to ensure that storage and dispensing of flammabie and combustible liquids from tanks, containers, and tank trucks into the fuel and fluid reservoirs of construction vehicles or stationary equipment .on the construction site are in accordance with the International Fire Code; and (vii) Practices and procedures, and/or on-site materials adequate to ensure the immediate containment and cleanup of any release of hazardous substances stored at the construction site. On-site cleanup materiais may suffice for smaQer spiNs, whereas cleanup of larger spilis may require a subcontract with a qualif+ed cleanup contractor. Releases shall immediateiy be contained, cleaned up, and reported according to state requirements. (2) Any development activity, or division of land which requires feview under Title 14 FWRC, Environmental Policy, within all weilhead capture zones (1, 2, and 3), which involve storing, handling, treating, using, producing, recycling, or disposing of hazardous materials, or other deleterious substances, meeting the definition of Chapter 19.05 FWRC shail comply with the following standards: {a) Fleet and automotive service station fueling, equipment maintenance, and vehicle washing areas shali have a containment system for collecting and treating all runoff from such areas and preventing release of fuels, oils, lubricants, and other automotive fluids into the soil, surface water, or groundwa#er. Appropriate emergency response equipment shall be kept on site during the transfer, handling, treatment, use, production, recyciing, or disposal of haza�dous materials or other deleterious substances. (b) Secondary containment or equivalent bes# management practices, as approved by the di�ector of community development services, shall be required at loading and unloading areas that store, handle, treat, use, produce, recycle, or dispose of hazardous materials, or other deleterious substances, meeting the definition of Chapter 19.05 FVVRC. (c) Fill ma#erial shall not contain concentrat�on of contaminants that exceed cleanup standards for soii as specified in the Model Toxics Contro! Act (MTCA). An impo�ted fill source statement is required for all projects where more than 100 cubic yards of fi!1 will be imported to a site. The city may require analytical results to demonstrate that fill materiais do not exceed cieanup standards. The imported fill source statement shall include: i. Source location of imported fill; ii_ Previous land uses of #he source location; and iii. Whether or not fill to be imported is native soil. (d) A8 development or redevelopment shall implement best managemen# prac#ices (BMPs) for water quality and quan#ity, as approved by the director of community development services. Such practices include biofiitration swales and use of oil-water separators, BMPs appropriate to the particular use proposed, cluster development, and limited impervious surfaces. 15.10.340 Use of pesticides, herbicides, and fertilizers in critica! aquifer recharge a�eas and weUhead protection areas. Page 60 of 71 City of Federal Way SMP — Title � Sh�������meiit `�� Passed by Resolution 90-597, October 19, 2010 with uired� cha[����.�,� �� Proposed developments with maintained landscaped areas greater than 10,000 squa�e feet in area which require review under Titie 14 FWRC, Environmentai Policy, shail prepare an operations and management manual using best management practices (BMPs) and integrated pest management (IPM) for fe�tilizer and pesticide/herbicide applications. The BMPs shall include recommendations on the quantity, timing, and type of fertilizers applied to lawns and gardens to protect groundwater quality_ � � � � � � � �. - ------ � i _. ������� . ���: Page 61 of 71 City of Federal Way SMP — Trt1e 15 Shoreline Management Passed by Resolut+on 10-597, October 99, 2010 w+th Ecology required changes Chapter 15.15 FLOOD DAMAGE PREVENTION Article 1. Generaily 15.15.010 Purpose. , It is the purpose of this chapter to promote the pubiic health, safety, and general welfare and minimize public and priva#e losses due to flood conditions in specific areas by provisions designed: (1) To pfotect human life and health; (2) To minimize expenditure of public money and costiy flood control projects; (3j To minimize the need for rescue and relief effo�ts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to pubfic facilities and utilities such as water and gas mains; electric, telephone, and sewer lines; streets; and bridges loca#ed in areas of specia! flood hazard; (6) To help �maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To ensure that potentiai buyers are notified that property is in an area of special flood hazard; (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 15.15.020 Adoption of state and federal statutes and regulations. The following state statutes and administrative regulations, as currently existing and hereafter amended, are hereby adopted by this reference as if set forth in full: (1) Chapter 86.16 RCW, Fioodplain Management_ (2) 44 CFR 59.22(a) (3) 44 CFR 60.3(c)(1)(d)(2) (4) 44 CFR 60.3(b)(1) {5) 44 CFR 59.22(b)(1) (fi) 44 CFR 60_3(a)(2) 15.15.030 Me#hods of reducing flood iosses. In order to accomplish its purposes, this chapt�r includes methods and provisions for: (9) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; � (2) Requiring that uses vulnerable to floods, inciuding facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural flood plains, stream channeis, and natura! protective barriers, which hetp accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and (5) Preventing or reguiating the construction of flood bamers that u� r I�f� rt floodwaters or may increase flood hazards in other areas. �.�.�� � C7 9� ._._. ---___ �-�,� a �pl�� �? �F �� �_._T�.�.� Page 62 of 71 City of Federal Way SMP — Title 15 Shor�eline Management Passed by Resolu6on 10-597, October 19, 2090 writh Ecology required changes 15.15.040 Definitions. The foliowing wo�ds, terms and ph�ases, when used in this chapter, shall have the meanings ascribed to them in this chapter, except where the context ciearly indicates a differen# meaning. Unless specifically defined below, terms o� phrases used in this chapter shali be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application_ Appeal means a request for a �eview of the interpretation of any provision of this chapter or a request fo� a flood variance. Area of shallow flooding means designated as AO or AH zone on the flood insurance �ate map (FIRM�. AO zones fiave base flood depths that range from one to three feet above the natural ground; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and veiocity flow may be evident_ AO is characterized as sheet filow; AH indicates ponding, and is shown with standard base flood elevations. Area of specia! flood hazard means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (also refe�red ta as the "100-year flood"). Designated on flood insurance rate maps by the letters A or V_ Basement means any area of the building having its floor sub-grade {below ground level) on all sides. Breakaway wall means a wall that is not part of the structural suppo�t of the buiiding and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated po�tion of the building or suppo�ting foundation system. Coastal high hazard area means an area of special flood hazard extending from offshore to the inland fimit of a primary f�ontal dune along an open coast and any other area subject to high velocity wave action #rom storms or seismic sources. The a�ea is designated on the F1RM as zone V1-30, VE, or V. Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste. Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excava#ion or drilling operations or storage of equipment or materials located within the area of special flood hazard. Director means the direc#or of the city of Federal Way community development department or his or her designee. Elevated building means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. Elevation ce�tificate means the officiat form (FEMA Form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by Federal Way. Existing manufactured home park or subdivision means a manufactured home park or subdivision #or which the construction of facilities for senricing the lots on which #he Page 63 of 71 y City oi Federal Way SMP - Title 15 SG�Iin 9�� nt � a Passed b Resolution 10-597, Octobe� 19, 2010 with E an es _._ — - ����������� manufactu�ed homes are to be affixed (including, at a minimum, the instailation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is compieted before the effective date of the adopted floodplain management regulations. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either finaf site grading or the pouring of concrete pads). Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overfiow of inland or tidal waters; and/or (2) The unusual and rapid accumulation of runoff of surFace waters from any source. Flood insurance rate map (FIRM) means the official map on which the Federat Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood insurance study (FlS) means the official repo�t provided by the Federal tnsurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface e{evation of the base flood. Flood variance means a grant of relief from the requirements of this chapter that permits construction in a manner that would othen�vise be prohibited by this chap#er. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lawest floor; provided, that such enclosure is not buiit so as to render the structure in violation of #he applicable non-eievation design requirements of this chapter found at FWRC 15.15.140, provided there a�e adequate flood ventiiation openings. Manufactured home means a structure, transportable in one or more sec#ions, which is built on a permanent chassis and is designed for use with o� without a permanent foundation when attached to the required utiiities. The term "manufactured home" does not include a "recreational vehicle." Manufactured home park or subdivision means a paccel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. New construction means structures for which #he "start of construction" commenced on or after the effective date of the ordinance codified in this chapter. New manufactured home park o� subdivision means a manufactured home parlc or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain mar�agement regulations. Recreational vehicle means a vehicle: (1) Built on a single chassis; (2) Four hundred square feet or less when measured at the largest horizontal projection; {3) Designed to be self-propelled or permanently towabie by a light du tr�y�; and g� y Page 64 of 71 City of Federa! Way SMP — Titl i�e�� nagre�►ent ""�" `~� ', nage Passed by Resolution 10-597, October 19, 2010 with� ���uired charn� 'Z �� �V �.�.--�-�.� t4) Designed pr�marily not for use as a pe�manen# dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Sfart of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was wi#hin '180 days of the permit date. The °actual sta�t" means either the first placement of permanent construction of a structure on a site, such as #he pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placemen# of a manufactured home on a foundation. Permanent construction does not ir�clude land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, #ootings, piers, or foundations or the erection of temporary forms; nor does it include the installation o� the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main st�ucture. For a substantial improvement, the "actual start° of construction means the first alteration of any waU, ceili�g, floo�, or other structural part of a building, whether or not that al#eration affects the external dimensions of the building. Structure means a walled and roofed building, including a gas or liquid storage tank that is principally above ground. SubstantiaJ damage means damage of any origin sustained by a stn.icture whe�eby the cost o# resto�ing the structure to i#s before-damaged condition would equal or exceed 50 percent of the marfce# vaiue of the structure before the damage occu�red. Substantial improvement means any repair, reconstruction, or improvement of a structu�e, the cost of which equals or exceeds 50 percent of the market value of the structure either: ('1) Before the improvement or repair is started; or (2) If the structure has been damaged and is being restored, before the damage occuned. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the extemai dimensions of the structure. The term can exclude: (3) Any project for improvement of a s#ructure to correct pre-cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assu�e safe living conditions; or {4) Any alteration of a structure listed on the Nationa! Register ofi Historic Places or a State Inventory of Historic Places. Water dependent means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its ope�ations. Article li. Provisions 15.15.050 General provisions. (9 ) Applica#ion of chapter. This chapter sha11 apply to alt areas of special flood hazards within the jurisdiction of Federal Way. The areas of special flood hazard identfied by the Federal lnsurance Administration in a scient�c and engineering report entitled "The Flood Insurance Study for Federal Way" dated May 16, 1995, and any � Page 65 of 71 City of Federa! Way SMP — Title nagement Passed by Resolution 10-597, October 19, 2010 wi ��- �'aGE � �F � �. ` revisions thereto, with an accompanying flood insurance rate map (FIRM), and any revisions thereto, are hereby adopted by refe�ence and declared to be a part of this chapter. The flood insurance study and the FIRM are on file at Federal Way City Hall. The best available information for flood hazard area identification as outlined in FWRC 15_15.070 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under FWRC 15.15.070. (2) Penalties fornoncompliance. No st�ucture or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other appiicable regulations. (3) Summary abatement. Whenever any violation of this chapter causes or creates a condition, the continued existence of whicfi constitutes or contributes to an immediate and emergen# threat to the public health, safety or welfare or to the environment, the director may summarily and without prior notice abate the condition. Notice of such abatement, inciuding the reason for it, shalt be given to the person responsible for the violation as soon as reasonably possible after abatement. The costs of such summary abatement shalt be recoverable via procedures for recovery of abatement costs as set #orth in Chapter 1.15 FWRC, Civil En#orcement of Code. (4) Ab�ogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stri�gent �estrictions shall prevail. (5) Interpretation. !n the interpretation and application of this chapter, all provisions shafl be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit nor repeal any other powers granted unde� state statutes. (6) Waming and discJaimer of Jiability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that iand outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shaN not create liability on the pa�t of Federal Way, any officer or employee thereof, or the Federal insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. 15.15.060 Permits. (1) Development permit required. A development permit shall be obtained befo�e construction or development begins within any area of speciai flood hazard estabtished in FWRC 15.15.050(1). The permi# shall be for aA structures including manufactured homes, as set forth in FWRC 15.15.040, and for ali development including fill and other activities, also as set forth in FV1/RC 15.15.040. (2) Application for development permit. Application for a development permi# shali be made and will include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the foflowing information is required: � � � �"� � � � �__. . . _ _ _� _ ,.�,,,e_ : Page 66 of 71 City of Federal Way SMP — Title 15 oreli e anageme = Passed by Resolution 10-597, October 19, 2010 with Ec��`�A��d chan s�� �,� �� (a) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation ce►#ificate {FEMA Form 81- 31) with Section B compieted by the city of Federal Way building official; (b) Elevation in relation to mean sea levet to which any structure has been floodproofed; (c) Ce�tification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria in FWRC 15.15.940(2); (d) Description of the extent to which a watercou�se wili be altered or relocated as a result of proposed devefopment. (3) Designation of the administrator. The director or designee is hereby appointed to administer and implement this chapter by granting or denying development peRnit applications in accordance with its provisions. The director shap: (a) Review all development applications to determine that the requi�ements of this chapter have been satisfied; (b) Review all developmen# applications to determine that all necessary permits have been obtained from those federal, state, or local govemmental agencies from which prior approval is requi�ed; and (c) Review a8 development applications to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of FWRC 15.15.160(1) are me#. 15.15.070 Use of other base flood data (in A and V zones). When base flood elevation data has not been p�ovided (in A or V zones) in accordance with FWRC 15.15.050(9 ), the director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer FWRC 15.'! 5.140, Specific standards, and F1NRC 15.15.160, Floodways. 15.15.080 lnformation to be obtained and maintained. (1) Where base flood elevation data is provided through the FIS, FIRM, or required as in FVI/RC 15.15.070, the applicant shall obtain and record the actua! (as-built) elevation (in relation to mean sea levef) of the lowest floor (including basement) of all new or substantially improved structu�es, and whether or not the structure contains a basement and provide such information to the director or designee on a cu�rent FEMA elevation certificate (FEMA Form 81-31). Section B will be completed by the city: (2) For all new or substantially improved floodproo#ed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in FVVRC 15.15.070, the applicant shall obtain and record the elevation (in relation to mean sea level) to which the st�ucture was fioodproofed and provide such information to the city. The city shall maintain the floodproofing certifications required in FWRC 15.15.060(2)(c). (3) The city shall maintain for public inspection all records pertaining to the provisions of this chapter. 15.15.090 Alteration of watercourses. The city sfia8 notify adjacent communities ar�d the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration and shall require that maintenance is provided Page 67 of 71 City oi Federal Way SMP — Title �gement � Passed by Resolution 90-597, October 19, 2010 with y � + �'��� ��_l_��� �_.:�-�z�� within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 15.15.100 Conditions for flood variances. (1) Generally, flood variance requests for proposals located within the shoreline jurisdiction shall be processed through the shoreline variance procedures in FWRC 15.05.1fi0. The only condition under which a variance from the elevation standard may be issued is for new construction and substantia! improvements to be erected on a sma11 or irregularly shaped lot contiguous to and surrounded by lots with existing s#ructufes constructed below the base flood ievel. As the lot size increases, the technical justification required for issuing the variance increases. (2) Flood va�iances shalt not be issued within a designated floodway if any increase in flood levels during the base flood discfiarge would resul#. (3) Flood variances shall only be issued upon a determination #hat the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) Flood variances shall only be issued upon: (a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would resul# in exceptional hardship to the appiicant; and (c) A determination that the granting of a va�iance wil! not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with other existing laws or ordinances. (5) Flood variances as interpreted in the National Flood Insurance Program are based on the generai zoning law principle that #hey pertain to a physical piece of properiy; they are not personal in nature; and do not pertain to the structure, its inhabitants, economic, or financial circumstances. They primarily address small lots in densety populated residential neighborhoods. As such, variances from flood elevations should be quite rare. (6) Flood variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action wiN have iow damage potential, complies with all other variance criteria except subsection (a) of this section and othen+vise complies witfi FWRC 15.15_ 110(1) and (3), and 9 5.15.120. (7) Any applicant to whom a variance is granted shall be given written notice that the permitted stn.�cture will be built with its towest floor below the base flood elevation and that the cost of #lood insurance will be commensurate with the increased risk. 15.15.110 Provisions for flood hazard reduction. In all areas of special flood hazards, the #ollowing standards are required: (1) Anchoring. (a) All new constnaction and substantial improvements shall be anchored to prevent flotation, coliapse, or lateral movement of the s#ructure; (b) All manufactured homes shall be anchored #o prevent flotation, collapse, or laterai movement, and shall be ins#alled using methods and practices that minimize flood damage. Anchoring methods may include, but are not iimited #o, use of over-the- top or #rame ties to ground anchors. {2) Construction materials and methods. , ; , ; � , , a : � �..� =.�. Page s8 of 71 City of Federal Way SMP — Title 15 ��i`�iin� ��a�ement_ g_, Passed by Resolution 10-597, October 19, 2010 with Ecp�l+�cYy �eg� chang� �� '�� F ta � (a) Ail new construction and substantial improvements shall be construeted with materials and utility equipment resistant to tlood damage. (b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (c) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water f�om entering o� accurnulating within the components during conditions of flooding. Locating such equipment below the base flood elevation may cause annual flood insurance premiums #o be increased. (3) Utiiities. (a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; (b) Water wells shall be located on high ground that is not in the floodway; (c) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infilt�ation of flood waters into the systems and discharges from the systems into flood waters, (d) Onsite waste disposal systems shall be iocated to avoid impairmen# to them o� contamination from them during flooding. 15.15.120 Subdivision p�oposals. (1) A!I subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shail have public utilities and facilities, such as sewer, gas, electrical, and water sys#ems, located and constructed to minimize or eliminate flood damage; (3) All subdivision proposals shap have adequate drainage provided to reduce exposure to flood darnage; (4j Where base flood elevation da#a has not been provided or is not avaifable from another authoritative source, it shall be gene�ated #or subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less) 15.15.130 Review of building permits. Where elevation data is not available eitMer through the FlS, F1RM, or from another authori#ative source (FWRC 15.15.070), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding as determined by the director. The test of reasonableness is a locai judgment and includes use of historica! data, high water marlcs, photographs of past flooding, e#c., where available. 15.15.140 Specific standards. The following provisions are required in a!I areas of special flood hazards where base flood elevation data has been provided as se# forth in FWRC 15. 9 5.050(1) or 15.15.070. (1) Residential construction. (a) New construction and substantial improvement of any residential structure shall have the lowes# floor, including basement, elevated one foot or more above the base flood elevation (BFE). {b) Fully enclosed areas below the iowes# floor tha# are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on � Page 69 of 71 City of Federal Way SMP — Title 15 ��t�ilL�lirll� Ib13��+e t Passed by Reso�ution 9fl-597, October 19, 2010 with Ecpl+pgy�� chang�s � � 1 � �° p�i �L �-.�.�•�e. exterior walls by ailowing for the entry and exit of floodwaters_ Designs fo� meeting this requi�ement must either be certified by a registered professional engineer or architect or must meet or exceed #he foilowing minimum criteria: (i) A minimum o# two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided_ (ii) The bottom of all openings shall be no higher than one foot above grade. (iii} Openings may be equipped with sc�eens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. Foundation vent standards required by the IBC/IRC outside the floodplain do not meet this standard and are often inadvertently permitted. lnsurance rates reflect an "all or nothing" standard. Partially ventilated crawlspaces may be subject to an additionat loading fee of 20 to 25 percent attached to the annual insurance premium. (2) Nonresidential construction. New construction and substantiai improvement of any commercial, industrial, or other nonresidential structure shali either have the lowest floo�, including basement, elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (a) Be floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of wate�; (b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (c) Be certified by a registered professionaf engineer or architect that the design and methods o# construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on theit development and/or review of the structural design, specifications, and plans_ Such ce�t�ca#ions shall be provided to the official as set fo�th in FWRC 15.15.060(2); (d) Nonresidentia! structures that are elevated, not floodproofed, must mee# the same standards for space below the lowest floor as described in subsection {1)(b) o# this section. Applicants who are floodproofing nonresidential buildings should beware that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base filood 1eve1 will be rated as one foot below). Floodproofing the building an additional foot will reduce insurance premiums significantly. (3) Manufactured homes. All manufactured homes in the floodplain to be placed or substantiaAy improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or mo�e above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (4) Recreational vehicJes. Recreational vehicles placed on sites are required to either: (a) Be on the site for fewer than 180 consecutive days; or {b) Be fu8y iicensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or (c) Meet the requirements of subsection (3) of #his section and the elevation and anchoring requirements for manufactured homes. 15.15.150 AE and A1-30 zones with base flood elevations but no floodwa s. ,� EXH��fI� _ Page 70 of 71 City of Federal Way SMP — Title 15�����i��klanage ` Passed by Resolution 10-597, October 19, 2010 with E�ol �+r ��-��TM �+ � � In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FiRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with al1 other existing and anticipated development, will not increase the water su�Face elevation of the base flood more than one foot at any point within the community. 15.15.160 Floodways. Located wi#hin areas of special flood hazard established in FWRC 15.15.050(1) are areas designated as floodways. Chapter 86.16 RCW will need to be consulted in addition to this code. The more restrictive provisions shall apply. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that can carry debris, and increase erosion potential, the following provisions apply: ('I ) Encroachments, including fill, new constn.�ction, substantial improvements, and other development shall be prohibited unless certification by a �egistered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. (2) Construction or reconstruction of residential structures is p�ohibited within designated floodways, except fo� (a) repairs, reconstruction, or improvements to a structure which do not increase the g�ound floor area; and (b) repairs, reconstn.�ction, or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the struc'ture either (1) befiore the repair, or reconstruction is started, o� (2) if the structure has been damaged, and is being resto�ed, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or locat health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent. (3) If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with ail applicable flood hazard reduction provisions of FWRC 15.15.110, Provisions for flood hazard reduction. 15.15.170 Critical facility. , Construction of new critical facilities shall be, to the extent possible, located outside the limi#s of the special flood hazard area (SFHA) (100-year filoodplain). Cons#ruction of new critical facilities shall be permissible within the SFHA if no feasible altemative site is available. Criticai facili#ies construeted within the SFHA shall have the lowest floor elevaterl tfiree feet above BFE or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should aiso be protected to the height utilized above. Floodp�oofing and sealing measures must be taken to ensure that toxic substances wilt not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shaU be provided to al! critical facilities to the extent possible. � � �"� 1 � � � _---_ . --- --�---�-.�...:: a ��:� E `? � � � �_.�I,�_-�..� Page 71 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 90-597, October 19, 2010 with Ecology �equired changes COIJNCIL MEETING DATE: --------- - -'--- -_._�pV�!�'Y1.IQC1 _..._��01�_.__.._..._.__._..___....._......__...__....__ITEM #:� � _— CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SuB,►ECr: Accessory uses and convention centers in the Office Park Zone POLICY QUESTION Should the City amend the Federal Way Revised Code (FWRC) related to accessory uses and convention centers in the Office Park (OP) zone? COMMITTEE: Land Use/Transportation Committee MEETING DATE: October 3, 2011 CATEGORY: ❑ Consent ❑ City Council Besiness /�1 ■ Ordinance Resotution ❑ Public Hearing ❑ Other STAFF REPORT BY: Principal Planner Margaret H. Clark, AICP DEP'r: Community and Economic ---- --__—__..�-------_.`—� Development --------- Background: The FWRC requires the City to accept applications for code amendments on an annual basis. In September 2010, the City received a request from Roger Hazzard to amend the FWRC to increase the percentage of gross o�ce floor that can be used for accessory warehouse use frocn no more than 20 percent to no more than 50 percent. T'his request was presented to the Land Use/Transportation Committee (LUTC) and City Council on March 7, 2011, and April 5, 2011 respectively, and was selected to be part of the 2011 Planning Commission Work Program. As part of this code amendment, staff is recommending that types of accessory uses not be limited in the Office Park zone but instead be treated consistently with the EWRC definition of "accessory use." Staff is also proposing to allow convention centers as a principal use as opposed to an accessory use. T'hese code amendments were presented to the LUTC on Ju(y l8, 2011, at which time the LUTC tabled them for consideration at a future date. Attachmeuts: 1) Draft Adoption Ordinance; 2) Staff Report to the Planning Commission with Exhibits A-K; 4) Minutes of the June 15, 2011, Planning Commission Public Heazing; 5) Minutes of the July 18, 2011 LUTC Meeting. Options Considered: t) Adopt the Mayor's recommendation as shown in the DraB Adoption Ordinance; 2) Adopt the Mayor's recommendation as further amended b� the LUTC; 3) Do not ado�t the Ma�or's recommendation . MAYOR'S RECOMMENDATION The Mayor recommends adoption of the proposed amendments as written in the Draft Adoption Ordinance. �� ^ _ MAYOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward ,,-- � C�% v-� ��, Committe Chair PROPOSED COUNCIL MOTION(S): l READING OF ORDINANCE (OCTOBER 18, 201 Council Meeting for adoption. DIRECTOR APPROVAL: to First Reading on October 18, 2011. Member Member I move to forward approval of the ordinance to the November 1, 2011, 2'� READING OF ORDINANCE (NOVEMBER 1 , 2011): "1 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BYCITY CLERKS OFFICE) COUNCIL ACTION: a^ ❑ APPROVED COUNCIL BILL # 5 V { ❑ DENIED l�readiag ��• ��•Z��� ❑ TABLED/DEFERRED/NO ACTION Enactment readi� � MOVED TO SECOND ItEADING (ordenances only) ORDINANCE # REVISED— 08/12l20t0 RESOLUTION # K:12011 Code Amendments�,Accessory VJarehouse in OP ZoneU.UTCU 0031 I MeetinglAgenda Bill.doc ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to types of accessory uses and status of convention centers in the Office Park Zone; amending FWRC 19.235.010, 19.235.020 and 19.235.030. (Amending Ordinance Nos. 90-43, 93-170, 96-270, 97-291, 00-375 and 07-559) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Idevised 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 regulations 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 1935 FWRC; and WHEREAS, it is in the public interest for the City Council to amend the FWRC related to accessory uses and convention centers as a principal use in the Office Park Zone within the City of Federal Way; and - VVfIEREAS, limiting types of accessory uses in the Office Park Zone may hamper efficient use of buildings and discourage economic development; and WHEREAS, the existing FWRC definition of "accessory use" adequately addresses its intent; and WHEREAS, stand alone convention centers are an appropriate use in the Office Park Zone; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on May 28, 2011, and no comments or appeals were received and the DNS was finalized on June 27, 201 l; and WI�REAS, the Planning Commission conducted a duly noticed pubiic hearing on these code amendments on June 15, 2011, and forwarded a recommendation of approval to the Land Use Transportation Committee; and Ordinance No. l I- Page 1 of 8 n� vto cu WHEREAS, the Land UselTransportation Committee of the Federal Way City Council considered these code amendments on July 18, 2011, and tabled the text amendments for consideration at a future date. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO 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 amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole because they would allow reuse of existing buildings by lifting the restriction on types of allowabie accessory uses; and allow convention centers as a principal use, which should create new jobs, and encourage economic development. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan (FWCP). (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed 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 to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the fotlowing FWCP goals and policies: LUP3 Use design and performance standards to create attractive and desirable commercial and office developments. Ordinance No. 11- Page 2 of 8 xe� ino cu LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. LUP35 Allow a broad range of commercial, retail, office, industria(, and supportive uses to meet the needs of workers and consumers, in well integrated, well functioning, high quality developments. EDG6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. EDP10 The City will work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDP18 The City will periodically monitor local and regional trends to be abte to adjust plans, policies, and programs. (b)The proposed FWRC amendments should further the pubtic welfare by allowing flexibiiity for the establishment of accessory uses in the Office Park Zone, thereby encouraging businesses that may have a need to combine uses that complement or depend on each other. Convention centers are compatible with office uses, and may be more likely to be constructed as a stand-alone facility to serve surrounding uses rather than as an accessory use. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they will provide flexibility for the establishment of accessory uses and convention centers in the Office Paxk Zone; thus, reducing the vacancy rate in this zone and encouraging economic development. Ordinance No. 11- Page 3 of 8 RevUIOW Section 3. FWRC 19.235.010 "Office/retail," is hereby amended to read as follows: 19.235.010 Office/retail. The followin uses shall be ermitted in the office ark OP zone USE ZONE CHART z O F �.d � � USE a Office use Retail establishment providing banking and related financial services ReEai�-sales-e� ��; � r�skaEe� See-pete-9 Retail establishment providing office supplies, printing and duplicating DIRECTIONS FIRST, read down to find use ... Minim � Re uired Yazds O L �a � � o� � -� � a. � C' O 'O e�d rx a�' . w` �n cK x� Process II None 25 ft. 20 ft. 20 ft. 55 ft. Possible 35 ft. 20 ft. 20 ft. above III See �n t� �n R �n w averaQe I note 10 Except 20 ft. along See notes residential zones for 1 � side and rear yazds See notes 2 and � I, II, III and [V are described in 19.55 FWRC, 19.60 FWRC, Mixed Uses: Determined on a case-by- case basis 1. If approved through process III, the height of a structure may exceed 55 ft, above average building elevatic to a maximum of 70 ft., if all of the following criteria are met: a. T'he additional height is necessaty to accommodate the particulaz use conducted in the building; and b, The subject properry dces not adjoin a residential zone; and c. Each required yard abutting the structure is increased one ft. for each one ft. the swcture exceeds 55 ft. above average building elevation; and d. The increased height will not block views designated by the comprehensive plan; and e. The increased height is consistent with goals and policies for the area of the subject property as established by the comprehensive plan. 2. Front yard setback: 25 ft, if entry is visible from R.O. W, and front facade is 15% glass; 35 ft. if landscape buffer and stormwater facilities are located in the front yard; or 50 ft, if parking and driving azeas are located in the front yard. 3. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation. 4, ccessory . uses ma,� be a The olacement orientation desi¢n and other site design and architectural features of the proposed buildin� and site plan demonsuate that this use will not detract from the orincinal character of the subject property as an office park. b The exterior annearance of that nortion of the buildin h� ousing the accessory uses will be comparable to the exterior apnearance of other buildings on the subject prooerty_ 5. The subject property must be designed so that any truck parking, loading and maneuvering areas; areas where noise generating outdoor uses and activities may occur, and vents and similaz features are located as faz as possibte from any residential zone. 6. May not conduct any activity or use on the subject property that involves the release of toxic or noxious gases, fumes or odors. For other information about parking and parking areas, see Chapter 19.130 FWRC. Ordinance No. I I - � � � ^ �° � Y d aG a bject to the regul for REGULATIONS OP and notes set forth in this section: ZONE SPECIAL REGULATIONS AND NOTES office and retail; 1 for each 300 sq. ft. gross floor area See notes I and 3 Medical and dental office: 1 for each 225 sq. ft, of gross floor azea Page 4 of 8 Rev I/10 LU 19.235.010 Office/retail. (Continued) ['he followin uses shall be ermitted in the office ark OP zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS v� Minimums p � Rec uired Yazds � ZONE o .. a � �3 � � o� �� OP � ';..; � � � � .�, � ��.., UsE � �� a w � a x� �� SPECIAL REGULATIONS AND NOTES 7. Outdoor use, activity and storage is regulated by FWRC 19.125.170. 8. Access to and from drive-through facilities must be approved by the public works deparunent. Drive-through facilities must be designed so that vehicles will not block traffic in the street while waiting in line and will not unreasonably interfere with on-site uaffic flow. � Tl.e et/.e :['N,e �lL.e.0 II.. r;se. �8: Q, No maximum lot coverage is established. Instead, the buildable azea will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. � 10. For communiry design guidelines that apply to the project, see Chapter 19.115 FWRC: �- 11. For landscaping requiremenu that apply to the project, see Chapter 19.125 FWRC. -�3- 12. For sign requirements that apply to the project, see Chapter 19.140 FWRC. -�4: 13 Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process I, II, III and IV aze described in Chapter 19.55 FWRC, For other information about parking and parking azeas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.90 FWRC respecdvely. For details regazding required yazds, see FWRC 19.125.160 et seq. Ordinanee No. 11- Page S of 8 Rev 1/IOLU Section 5. FWRC. 19.235.030 "Limited commercial," is hereby amended to read as follows: 19.235.030 Limited commercial. The followin uses shall be ermitted in the office ark OP zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS �, Minimums z y Re uired Yazds � ZONE � � ^ � a �3 � � o� ��, OP � .�. �, � � � ,� � ��.e USE � rx o� . w v �; x� ,x � SPECIAL REGULATIONS AND NOTES Commercial or Process II None 25 ft. 20 ft. 20 ft. 35 ft, above 1 for every 1. If approved through process III, the height of a swcture may exceed 35 ft. above average buitding elevation to a industrial 35 ft. 20 ft. 20 ft. average 500 sq. ft. maximum of 55 ft., if all of the following criteria are met: photography, Possible Soe 50 ft. 20 ft. 20 ft. building gross floor a. The additional height is necessary to accommodate the particular use conducted in the building; and cinematography Process note 7 See notes 2 and 9 elevation azea, unless b. The subject property does not adjoin a residential zone; and or video III use c. Each required yazd abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. above production, See notes 1 includes average building elevation; and broadcast studio See note and 3 accessory d. The increased height will not block views designated by the comprehensive plan; and 1 uses, then e. The increased height is consistent with goals and policies for the area of the subject property as established by Newspaper determined the comprehensive plan. printing plant on a case- 2. Front yard setback: 25 ft. if enuy is visible from R.O.W. and front facade is I S% glass; 35 ft. if landscape buffer by-case and stormwater facilities are located in the front yard; or 50 ft. if parking and driving areas are located in the front Research basis yard. development and 3. If any portion of a swcture on the property is within 100 ft, of a residential zone, then that portion of the structure testing facilities, shall not exceed 30 ft. above average buiiding elevation. including 4. May not conduct any activity or use on the subject property that involves the release of toxic or noxious gases, electronics fumes or odors. technologies and dental labs (Continued) Proeess I, II, I[I and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter I9.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regarding required yazds, see FWRC 19.125.160 et seq. Ordinance No. 11- Page 6 of8 Rev I/IOLU 19.235.030 Limited commercial. (Continued) he followin uses shall be ermitted in the office ark OP zone sub'ect to the re lations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS � Minimums � y Re uired Yards y F o � � ZONE ` � w ., � a �3 � � �� _ OP � Q,'� y � y � �� 0„ Y ° �= SPECIAL REGULATIONS AND NOTES USE a �� •� �= � r� x ti t� a �seesse�y' S. Accessory uses ma�be allowed sub j ce t to the �vefel�et►se following criteria: €ae�ies . See-aete3 �: a. The placement, orientation, design and other site design and architectural features of the proposed building and site plan demonstrate that this use will not detract from the principal character of the subject property as an office park. Convention, �� The exterior appearance of the warehouse facility will be comparable to the exterior appearance of other conference, buildings on the subject property. and Vade , centers e:b. The subject property is designed so that truck parking, loading and maneuvering areas; areas where noise assesiate�-�i[#� generating outdoor uses and activities may occur; and vents and similar £eatures are located as far as possible from any a�e�e� residential zone. �� . ' , . ia-�tis�te . 7. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development See-eeEe-6 requirements, i.e., required buffers, pazking lot ►andscaping, surface water facilities, etc. 8. For communiry design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. For landscaping requirements that appty to the project, see Chapter 19.125 FWRC. l0. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 11. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC rospectively. For details reguding required yards, see FWRC 19.125.160 et seq. Ordinance No. 11- Page 7 of 8 Rev I/10 LU Section 6. 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 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 scrivenedclerical errors, 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 be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 . CITY OF FEDERAL WAY MAYOR, SKiP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:120i 1 Code AmendmentsWccessory Warehouse in OP Zone�I,ITTC110031 I Meetingl0rdinance.doc Ordinance No. 1 i- Page 8 oj8 Rev !/10 LU Staff Report to the Planning Commission with Exhibits A-K City of Federal Way PLANNING COMMISSION 'June i5, 2011 7:00 p.m. City Ha!! Councit Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES May 18, 2011 4. AUDIENCE COMMENT 5. ADMINISTRATNE REPORT 6_ COMMISSION BUSINESS • PUBL[C HEARING Proposed Amendments Related to Restaurants, Accessory Uses, and Convention Centers in the Office Park (OP) Zone 7. ADDITIONAL BUSINESS 8. .ADJOURN co�m�� c�ri scae� Mer/e Pfe�u; Chair Hope Elder; Vice-Chair Patrick Doheriy, Director ojCo�nraunity & Econo�nic Deaelopme»t Lawson Broason Wayne Carlson Margaret Clar� Principal Planner Tan Medhurst Sarady Long E. Tina Piety, Adminisvati� Assistant Tun O 1Vei1 253-83i-260t www_citw�/ledemhvm� com tc-�e�.� com�oa2ou� os-f s-t �_aoc CITY OF FEDERAL WAY PLANNING COMMISS[ON May 18, 2011 City Halt 7•00 p m Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope E1der, Wayne Carlson, Tom Medhurst, Lawson Bronson, Tim O'Neil, and Sarady Long. Commissioners absent: None. Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark, Senior Planner Janet Shull, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF M{NUTES The minutes of Aprii 20, 2011, were approved as presented. AUDIENCE COMMENT None ADMIN[STRATIVE REPORT Mr. Conten announced the next Pianning Commission meeting will be June 15�', which witt be a public hearing on a citizen requested changes to the Office Park (OP) zone. COMMISSION BUS[NESS PUBLIC HEA[uNG – Proposed Amendments Related to Altowing Animat Kennels and Animal Care Facilities in the Neighborhood Business (BI� Zone Ms. Ciark delivered the stafFreport. This is a request from a citizen (Jon Moore) to allow animal kennels, dog day care, and pet training in the Neighborhood Business (BN) zone. The proposed amendments inciude regulations that are intended to mitigate any adverse impacts associated with outdoor uses for animals and noise_ The proposed amendments aiso include a defmition for animal kennel. ' Commissioner O'Neil asked staff to explain how the noise regulations work. Ms. Clazk responded the regu{ations are set by the state and it is her understanding they are based on measuring from where the noise originated to where it ends. A chart is used showing acceptable dBa (decimal (evels) for certain zones. Tlie tength of time the noise continues is also taken into accouat At night, the dBa iimitation is reduced by 10. Commissioner Bronson was ab(e to add to the explanation. The meter measures at the receiving end of the noise. Noise is dissipated by the square root of the distance. If you are ten feet away —itis-one-nucnbe�-i€-yau-afe-�-�f��-away-i�ES-an�-f�rtl��that_�hisis�on��n a lo��al���cQ��ingdBa ._. by 10, hatves the sound level. Commissioner Carlson asked if the noise regulations would perta.in only to outdoor dog runs. He is conceEner� that some businesses that on(y have animals inside wilt stiil be too noisy. Commissioner Medhurst expressed concern about nigfit rime noise. Do other jurisdictions have time limits Eor outside runs? Commissioner O'Nei! elcpressed concern over the number of animals. What about the noise if �ey have 50 to 60 animals? Ms. Clark responded that other jurisdictions do not have time limits. She went on to state tfiat all businesses must comply with the city noise ordinance, which uses the same langtiage as K:w.�s c���o� iw+�s s,�, os-�s-i �_a� Pianning Commission Minutes Page 2 May l8, 201 i the state's noise regulations_ There are socne dog kennels in other zones of the city and the city has not received any noise complaints about them. Jon Moore — He is the ownec of a grooming facility. He stated that dog day-care and dog kenne( are two different things_ Some dog day-cares will have an outdoor component_ Genera(ly, the animals are brought in at night. The business and animal owners do not want the animal� left in an uncontro(led situation. If animals are (eft out at night, the night-time staff wi(l calm the animats if they act-up and make a Lot of noise. His business (and none of the others he is in contact with) has not received any noise comptaints. He suggested the proposed amendments separate out bceeding kennels. A breeding kenne( may have up to 50 dogs and many unneutered males. They are very noisy and are not suited for the BN zone. Commissioner Bronson agreed that the breeding language shou(d be removed from the amendments. Chair Pfeiffer noted that the city has not received any complaints about veterinary offices and they have many aaimals. Commissioner Carlson moved (and it was secondea� to adopt the proposed amendments with a change to the BN zone notes that breeding kennels are prohibited. The motion passed unanimousiy_ The pubtic . hearing was closed STIIDY SESS[oN — Bicycle and Pedestrian Master Ptan Ms. Shull delivered the staff presentation. The citywide Bicycle and Pedestrian Master Plan is a component of the Cities Putting Prevention to Work (CPPV� grant. The overall goals are to: � Make it easier for citizens to choose active transportation; • Replace the existing non-motorized section of the comprehensive plan; • Improve overall connectivity of neighborhoods with commercial centers and recreation areas; • Improve connectivity of Federai Way with the regionai bike and traii system; and • Address areas where fewer citizens have access'to cars and have fewer do(lars to spend on transportation and higher rates of heatth issues. As stated above, the plan will replace the current non motorized section of the Federal Way Compreherrsive Plan transportation chapter. This section was last updated in 1994. An advisory committee was formed to help guide development of the plan_ So far they have met three times. Their next meeting is May 23, 2011. The Commissioners are invited to attend. Staff is also gathering citizen input from an on-tine survey and open-house meetings to be held in June. The city dces have a number of biking routes, but they are disconnected. To date, the city has received approximateiy 50 responses to the on-line survey. The results show that those wallcing and biking mainly do so for exercise. Walkers and bikers are discouraged by traffic � volumelnoise and safety concerns, with bikers also discouraged by the lack of bike routes and facilities. Emerging �►emes include: improved overall network for biking and walking; integration with the regionai system; supporting an active community; improved safety; and ed ADDITIONAL BUSINESS None An.ioUxiv The meeting was adjoucned at 7:55 p.m. xw� c���xo�» s�� os-�s-� i.aa ` � c�rv oF '� Federal Way STAFF REPORT TO THE PLAl�iNING COMMISSION Amendments to Federal Way Revised Code Reiated to Restaurants, Accessory Uses, and Convention Centers in the Office Park (OP) Zone File lYo's: 10-104120-00-UP & 11-102056-00-SE Public Hearing of June 15, 2011 I. REASOPI FOR AMENDMENTS The Federal KWay Revised Code (FWRC) requires the City to accept applications for code amendments on an annual basis. in September 20 i0, the City received a request from Roger Hazzard to amend FWRC 19.235.0(0 to increase the percentage of gc floor that can be used for accessory warehouse use from no more than 20 percent to no more than 50 percent. This re�uest was presented to the Land UseTfransportation Commictee (LUTC) and City Council on March 7, 2011, and Apri15, 2011 respe�tivety, and was selected to be part oPthe 2011 Planning Commission Work Program. Staff is also proposing changes to FWRC 19_235.030 that addresses accessory warehouse uses to make the language consistent with FWRC 19.235.0 l0. In addition, staff is proposing other amendments related to the seating capacity of restaurants (FWRC 19.235.020) and to attow convention centers as a stand alone use as opposed to an accessory use (FWRC 19.235.030). II . BACKGROUND At�1D ANALYS[S A. Accessory Uses (i) Existing code language related to accessory warehouse uses. The FWRC allows accessory wazehouses in the Office Park {OP) zone (Exhibit A, FWRC 19.235.010 Office/retail, and Exhibit B, FWRC i9.235.030 Limited Commerciat), based on the following language: • FWRC 19.235.010 — Existing code language states that Office Use may include hQUSe,_Ietail_S31CS and aSSeiTL�O.� prepared materials; which faciiities and assembly areas utilize no more than 20 percent of the gross �loor area (Exhibit A). � FWRC 19.235_030 — Existing code tanguage allows warehouse use only as an accessory use to the primary use on the subject property if it occupies no more than 50 percent of the combined gross Eloor area of all uses (Exhibit B). (ii) FWRC definition of accessory use. FWRC 19A�_010 detines an accessory use as a use which is subordinate and incidental in size, sca(e, desi�n, or purpose to the principal u� or structurz on the subject propeRy, and supports the principal use or structure without displacin� or dominating it. FWRC 19.2b5A l0 further expands on this detinition stating that an acces�ory u�e is a pennitted use which is clearly secondary to the permitted principal use, building, or structure, and that both the total gross floor area and �ootprint of the accessory use must be iess than the total gross floor area and footprint of the principal use on the subject propecty, respectively. In addition, the director of economic and community development is authorized to determine if a particular accessory use, building, or structure is normally associated with, clearly secondary to, and actuaily accessory to the particular permitted principal use, building, or structure. {iii) Rationale for proposed change. As of June 20 i0, the City of Federai Way had approximately 790,000 square feet of vacant office space {Fxhibit C) out of a totat of approximatety three miilion square feet.� At 26 percent office vacancy, Eederai Way has one of the highest office vacancy rates in the region. Mr. Etazzard, a Long-time commerciai real estate broker, who submitted the request for a zoning code amendment to increase the percentage of accessory warehouse in the OP zone states that he has received requests from smaller companies wishing to locate in Eederal Way. These companies would like to combine their of�ice and warehouse needs; however, they are having difficulty finding buildings to suit their need because existing inventory of bui(dings within the Commercial Enterprise {CE) zone which ailows warehouses as an outright permitced use are too large to accommodate their need (Exhibit D). Calling out specific accessory uses appears to be too strict because an accessory use may change over time. Eor exampte, today a cfiild care facility may be considered an accessory use to an office or industrial building, where this may not have been the case in the past. In addition, the existing FWRC definition of "accessory use" adequately addresses the intent_ Furthermore, a recent trend in regu(ating land use has been a departure from the conventionat zoning focus of segregating land uses towards using physical form as the organizing principle. This means that a use would be allowed in a particular zoning district if does not detract &om the character o� the zone and dces not have any adverse impacts on adjacent uses. As a result, staff recommends allowing accessory uses based on the fotlowing conditions (proposed new laaguage shown as underlined) Please refer to Exhibits E and F for the full text of the proposed code amendments): ___• The nlacement orientation desig,�_ and othe�ite 'gn�n�a�hitectural features of ___ __ the proposed building and site plaa demonstrate that this use will not detract from the princival character of the subject property as an office park. 1 Soucce: officespace.com Sta#� Re�ort to ihe Planaing Commission Page 2 of 7 Rescaurants, Accessory Uses, and Caiv�tion Centas in the OP Zone File #lU-iO4120-00-UP • The exterior appearance of that Qortion of the building�housing the accessorv uses wilt be comparable to the exterior appearance of other buildinQS on the subi�t propert� • `Che subject property must be desi�ned so that any truck parkin�, (oadin� and maneuvering areas; areas where noise �enerating outdoor uses and activities may occur, and vents and simitar features are located as tar as possibie from any residential zone. • May not conduct any activity or use on the subject property that invotves the release of toxic or noxious gases, fumes or odors. B. Seating Capacity of Restaueants (i) Existing code language related to restaurants. Existing code language in EWRC 19.235.020 allows restaurants as an outright pennitted use, but limits seating capacity to no more than �0 persons (Exhibit G). (ii) Research from other cities. As part of the background research, staff reviewed ordinances &om the cities of Kent, Auburn, Tukwila, Burien, Des Moines, Sea-Tac, Spoicane Valley, and Renton to determine if restaurants were allowed in simitarly zoned OP zones (Exhibit I-n. Restaurants were permitted outright in Aubum, Tukwila, Des Moines, and Spokane Valley. Restaurants were permitted as an accessory use in Kent, Burien, Sea-Tac, and Renton. None of the cities limited seating capacity either foc stand-alone or accessory uses. (iii) Rationale for proposed change. Staff recommends removing the �0 seating capacity limit (Exhibit �, as this appears to be an arbitrary number. C. Convention Centers {i) Existing code language related to convention center Existing code tanguage in FWRC 19_235_030 ailows convention, conference, and trade centers associated with another perinitted use in the OP wne zone if the convention use portion occupies no more than 50 percent of the combined gross floor area of the development on the subject property (Eachibit B). (ii) Research from other cities. As part of the background research, staff reviewed ordinances &om the cities of Kent, A�b �rn,TLkwila, S�rien, C� Moine$,� �e�='L�c Sookane Valle�, and Renton to determine if convention centers were ailowed as a stand-alone use in similarly zoned OP zones {Exhibit .n. Convention centers were permitted outright in Burien, Des Moines, Staff Repoct to the Pianning Commission Page 3 of 7 Restaurants, Accessory Uses, and Conva►tion Cent�s in the OP Zone File #10-104120-00-UP Sea-Tac, and Renton and not perniitted in Kent, Auburn, Tukwila, and Spokane Valley. Where permitted, the use was permitted outright and not as an accessory use. (iii) Rationale for proposed change. A(ist of outri�ht permitted uses are shown on Exhibit K_ (t seems un(ikely that a convention center would be associated tivith any use in the OP zone, except the office use_ Staff, therefore, recommends allo�vin� convention centers as an outri�ht permitted use and not accessory to another principal use altowed in the OP zone (Exhibit E)_ III PROCEDURAL SUMMARY 5128/1 l Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 6/i 3! t 1 End of SEPA Comment Period 6/27/11 End of SEPA Appeal Period 6/15/11 Public Hearing before the Planning Commission IV. PUBLIC COMMENTS No comments were received as of the date of this report_ V. REASOIV FOR PLAIYNING COMM[SS[OlY ACTIOIY EWRC Chapter 19.80, �Process VI Council Rezones," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the rote of the Ptanning Commission is as follows: 1. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendments meets the criteria provided by FWRC 19.80_ 130. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendments. VI. DECISIONAL CRITERIA - FVVI��is186=�38-pre�i�es-e�i�et��€e��o�iag-Ee�E-�n�nd�e���� �}�ze� the compliance of the proposed zoning text amendments with the criteria provided by FWRC 19.80.130. The City may amend the text of the FWRC onty if it finds that: Stat� Report W the Planning Commission Page 4 of 7 Reslaurants, Accessory Uses, and Convention Centers ia the OP Zone File #10-104 t20-00-UP 1. The proposed ameadment is coasistent with the applicable provisions of the comprehensive plan. The proposed EWRC text amendments are consistent with the foliowing Federal Way Conipreher�sive Plcrri (FWCP) pulicie� and �oals: LUP3 Use desi�n and performance standard� to create attractive and desirabie commercial and office developments. LUP6 Conduct regular reviews of development regu(ations to determine how to improve upon the permit review process. LUP35 Altow a broad range of commercial, retail, office, industrial, and suppodive uses to meet the needs of workers and consumers, in well integrated, well functioning, high quality devetopments. EDG6 The City will encourage and support existing businesses to rema.in and/or expand their facitities within Federal Way. EDP10 The City wiil work with the private sector to actively encourage the retention and expansion oEexisting businesses, as weli as bring in new development, businesses, and jobs to the community. EDP18 The City witl periodically monitor local and regional trends to be able to adjust plans, poiicies, and programs. 2. The proposed amendment bears a substantial reiations6ip to public health, safety, or wetfare. The proposed FWRC text amendments are not directly re(ated to the public health, safety, or welfare. However, atlowing more tlexibility for the estabtishment of accessory uses in this zone would encourage businesses that may have a need to combine uses that comptement or depend on each other. In addition, not specifying a maximum seating capacity for restaurants would remove an arbitrary limitation on seating capacity and leave the decision on the size of individuat restaurants up to the needs of the surrounding commerciai development. Convention centers are compatible with office uses, and may be more likely to be constructed as a stand- alone facility to serve surrounding uses rather than as an accessory use. 3. The proposed amendment is in the best interest of the residents of the city. Approval of the proposed code amendments would beuefit the City as a whole by providing flexibility for the establishment of accessory uses, restaurants, and couvention centers in the ----- zone; us, re ucing e vacancy ra e or o ces an encouraging economi veY�� --- Staff Repat to the Planning Commission Page 5 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone • File #i0-104120-00-UP VII. STAFF RECOMMENDATIOi�i Based on the above staff analysis and decisiona( cnteria, statf recommends that the proposed amendments shown in Exhibits E, F, and [, and summarized as follows, be recommended for approval by the Plannin� Commission: i. Amendments to FWRC 19Z35_O10 to allow any accessory use subject to certain site design and architecturat features (Exhibit E). 2. Amendments to FWRC 19.23�.030 to altow any accessory use subject to certain site design and architecturat features (Exhibit E). 3. Amendments to EWRC 19.235.020 to remove seating limitations for restaurants (Exhibit n. 4_ Amendments to FWRC 19.235.030 to allow convention centers as a stand alone use (Elchibit F). VIII PLANNING COMM[SS[ON ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Cocnmission may take the fotlowing actions regarding the proposed zoning code text amendments: i. Recommend adoption of the FWRC text amendments as recommended by staff; 2. Modify the staff recommended FWRC text amendments and recommend to the City Council adoption of the FWRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to the City Council without a recommendation. Staff Repcxt to the Planning Commission Page 6 of 7 Restaurants, Accessay Uses, and Convention Centeis in the OP Zone File #10-l04120-00-UP EXHIBITS Exhibit A Use Zone Chart FWRC 19.235A10, Officelretait E.rhibit B Use Zone Chart FWRC 19.23�.030, Limited commercia( Exhibit C Maps oE 2011 Vacant �ffice Space in OP Zoned Areas Ezhibit D Applicant's Explanation of Need for Code Amendment Exhibit E Exhibit F Exhi6it G Exhibit H Exhibit I Exhibit J Exhibit K Amendments to Use Zone Chart EWRC 19.235.010, Offtce/retail Amendments to Use Zone Chart FWRC L9.235.030, Limited commercial Use Zone Chart EWRC t9.235_020, Entertainment—Commercia( recreation Restaurants Comparison Matrix Amendments to Use Zone Chart FWRC 19.235.020, Entertainment — Commercial recreation Convention Ceaters Comparison Matrix Outright Permitted Uses in the QP Zone 0 K:12011 Code Amendments�Accessory Warehouse in OP ZonelPlanning Commission\0615 L i PacketlStaff RepoR to the Plaruuag C,oaxnission.doc Staff Report to the Planning Commission Page 7 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone Eile #10-104120-00-UP 19.235.010 Offic retail. The followin uses shall be e�rn D RECT(ONS; F[RST r � I � � � � �.� y � USE � a � � � Ot�ice use P cess I! None 25 P ssible 35 Retail II See 50 establishment note 10 See providing S�e notes banking and 1 �nd 3 rclated � financial services I Retail sales of � groaeries, I produce and ( related items I, � See note 9 Retail � establishment providing office supplies, prinqng and duplicating � Pcocess l, II,111 and Ck►apter 19.SS FWR Chapter 19.60 FWIt Chapter 19.65 FWR Chanter 19.70 FWR K:�201 l Code ere dacribed in � i Chapter 19.235. Office Park (OP) d in the office park (OP) zone own to find use ...'1'HEN acruss for �imums ed Yards � � � � o v .� � ::, y � = e °,a . ° :e a, c v� a x v� rX a ft. 20 ft. 20 R. 55 ft. General l. lf approved through process ill, the height of a structure may exceed 55 8. above �verage building elevation ft. 20 ft. 20 R, above office and to a maximum of 70 ft., if all of the following criteria are met: ft. 20 ft. 20 ft. a�erage retail: 1 for a, The additional height is necessary to accommodare the particular use conduc[eJ in the building; and notes 2 and l2 building each 300 sq. b. The subject property dces not adjoin a residential 2one; and elevation R. gross floor c, Each required yard abutting the svucture is increased one ft. for each one ft. d�c strucwre exceeds 55 ft. area above average building elevation; and See notes d. The increased height will not block views designated by the comprehensive pl�ui; and 1 nnd 3 Medical and e. The increased height is consistent with go�ls and policies for the area of the subject property as dentai oftice: established by the comprehensive plan. 1 for each 2. Front ysud setback; 25 R. if entry is visible from R.O.W. and front facude is l5% glass; 35 ft. if landscape 225 sq. ft. of buffer and stormwater facilities are located in the front yazd; or 50 ft. if parking and Jriving areas are loCated gross floor in the front yard area 3. If any portion of a svucture on the subject propetty is within 100 ft, of a residential zone, �hen that portion of the suucture shali not exceed 30 ft. above average buiiding elevation. Mixed Uses: 4. Office use may include accessory werehouse, retail sales or service facilities and assembly of prepared Determined materials, which facilities and assembly areas utiliu no more than 20% of the gross tlour area. on a case-by- 5. The subject property must be designed so that any vuck parking, loading and mxneuvering areas; areas case basis where noise generating outdoor uses and activities may occur, and vents and similar features are located as far as possible from any residential zone. 6. May not conduct any activiry or use on the subject property that involves the release of wxic or noxious gases, fumes or odors. 7, Outdoor use, activiry and storage is regulated by fiWRC 19,125.170. For other information about parkin� and parking areas, see Chapter 19.130 FWRC. ect to the regulations and notes set forth in this section: USE ZONE CHART SPECIAL REGULATIONS AND NOTES For details of what may excad this 6eight limit, see FWRC 19.I IU.050 et seq. For deteils regarding rcqu'ved yards, ue FWRC 19,125.160 et aeq. ZONE OP Wacehouse in OP Zone�Planning Commission\0615! 1 Packet\19-235•O10 Oflice, Retail.DOC � � � � �� � � � _ ...� +r. ; �}, � �± � � � 19.235.010 The foll (Continued) �ll be permitted in the office lll CT1�N5:1 y O � a � � � � USE a � Proceas l, Il, IIl and IV described in Chspur i9.5S FW1tC, C�apter 19,60 FWRC, Chapur 19.63 FWRC, Chapter 19,70 FVJRC r¢apectivaly. K:12011 Code � 0 c� � � o� x� zone subject to the regulations and notes set forth in this section; USE ZONE CHART 0 � ZONE y OP �� a a SPECIAL REGULAT[ONS AND NOTES 8. Access to and from drive-through facilities must be approved by the public works drpanment. Drive-through facilities must be designed so that vehicles will not block trafTc in the s[reet while waitiug in line and will not unreasonably interfere with on-site vaEfic flow; 4. The ciry may approve these uses if they meet the following criteria: a. They are clearly secondary to and supportive of other uses on the subject property allowed in this zone; and b. By their location and configuration, they are principally oriented to the other alluwed uses on the subject property and their employees and not to the general public; and c. It is reasoneble to anticipaze that there will be a demend for these uses from the uther allowed businesses on the subject property or their employees and that these uses will be principally used by thes� other al�owed businesses or their employees, 10. No ma�cimum lot Coverage is established, lnstead, the buildable area will be determined by other site development requirements, i,e., requircd buffers, paricing lot landscaping, surface water facilities, etc. 11. For community design guidelines that appiy to the project, see Chapter 19.115 FWRC. 12. For landscaping requirements that apply w the project, see Chapter 14,125 FWRC. 13. For sign requirements that apply to the project, see Chapter 19,140 FWRC. 14. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. For o�her information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19,110,050 et seq. For details regarding required yards, see FWRC 19.123.160 et seq. Warehouse in OP Zone�Planning Commission\06151! Yacket\19•235-010 Office, RetaiI.DOC r� � � t'f1 � �,'s � � .. I �:/ � I JN � �� - ; 19.235.030 to the reszulations and USE ZONE CHART � 0 � � USE � Commercial or Pr� indusuial photography, Pa cinematngraphy Pn or video IIi commercial. � x y a .a :ss II None ble See :ss note 7 broadcast studio See r�ote 1 I Newspaper � printing plant Research � development and testing facilittes, I including � elecVOnics technologies and dentallabs � � Proceaa I, Il, !12 �nd IV are eacribed in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chspter 19,65 FWRC, Chapter 19.70 FWRC rea tively. K;�2011 Code � Q � L�, tn notes forth in this section: � ZONE o �N OP W � •,� O' �C a x�., a a SPECIAL REGULATIONS AND NOTES I ft. 35 ft. above 1 for every 1. If approved through process III, the height of a structuce may exceed 35 ft, above average building elevation to a ► g, average 500 sq. ft. maximum of 55 ft., if all of the following criteria are met; � g, building gross floor a. The additional height is necessaty to accommodate the particular use conducted in the building; and � elevation area, unless b. The subject property does not adjoin a residential zone; and use c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft, above See notes t includes average building elevation; and and 3 accessory d. The increased height will not block views designated by the comprehensive plan; nnd uses, then e. The increased height is consistent with goals and policies for the area of the subject property as established by determined the comprehensive plan. on a case- 2, Front yard setback: 25 ft, if entry is visible from R.O.W. and front facade is 15% glass; 35 ti. if landscape buffer by-case and stormwater facilities are located in the front yard; or 50 ft, if parking and driving a�•eas are located in the front basis yard, 3. lf any ponion of a structure on the property is within 100 ft, of a residential zone, then that portion of the svucture shali not exceed 30 ft. above average building elevation. 4, May not conduct any activiry or use on the subject property that involves the release of toxic or noxious gases, fumes or odors. (Continued) � For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceod thie height limit, aee FWRC 19.110.050 et seq. For details regurding roquired yards, see FWRC 19,125.160 et seq. Warehouse in OP ZoneU'lanning Commission\061511 Packet\19-235-030 Limited Commercial,doc �.. ��, ��. ��., � h.:. � "� � � I� I D CTIONS: FIRST road down to find use ... THEN y Minimums � � Re uired Yards y � ^ a 3 � ° � a w °' S � ' ,�+ b�i " � � �i 'a , `� aa � � y a x� aa Accessory warehouse facilities See note 5 Convendon, conferonce, and uade cenurs associated with another permitted use in this zone See note 6 I, Il, ill end ri 19,35 FWRC, 19.60 FVJRC, 19.63 FWRC, 19.70 FWRC K:�2011 Code describedin USE ZONE CHART ZONE OP SPECIAL REGULATIONS AND NOTES 5. The city may allow a warehouse facility under this section if it meets the foliowing criteris: a. This use is accessory to the primary use on the subject propetty and occupies no more tha�i 50%� of the combined gross floor area of this use and the primary use. b. The placement, orientation, design and other site design and architectural features of the proposed building and site plan demonsuate that this use will not deuact from the principal character of the subject property es an office park. c, The exterior appearanee of the warehouse facility will be comparable to the exterior appearance of other buildings on the subject property. d. The subject property is designed to accommodate the truck traffic and other manifesta[iuns of this use. e. The subject property is designed so that Vuck parking, loading and maneuvering areas; arexs where noise generating outdoor uses 8nd activities may occur; and vents and similar features are located a� far a� possible from any residential zone, 6. The city may altow a convention, conference or trade center under this section if it meets U�e fulluwing criteria: e. This use occupies no more than 50% of the combined gross floor area of the devetopmrnt on tl�e subject propeny. 7. No maximum lot coverage is established. Instead, the buildable area will be determined by uther site development reyuirements, i.e., required buffers, parking lot Iandscaping, surface water facilities, etc. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9, Fur Iandscaping requicements that apply to the projeci, see Chspter 19.125 FWRC. lU. For sign requirements that apply to the ptoject, see Chapter 19.140 fiWRC. 11. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply w the subject � property, .� For other infonnation about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For deEsils regarding requited yards, see FWRC I9.125.160 et uq. 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Existing inventory within the CE Zone is either non existent or too large to accommoda.te the need. The existing OP zoning use chart and options set forth in 19.235.030 are in conflict and leave staff without the ability to encourage office/warehouse combinations for users. Sec. 19.235.030 clearly allows up to 50% of gross building area for access�ry warehouse whi(e 19.235. L0, Para. 4, conflicts with Sec. 19.23�.030. On two occasions related to 338 l 1- 9�' Avenue S., an OP of�'ice property, the relocation or use of the property by a local company fai(ed due to staff s inability to interpret the code due to the 20% verse 50% accessory warehouse conCusion. � S[-° � 9 �;:,� .� r�I�T'� r;= �'�F� c �;� L '����'�' '�u� Chapter 19.235. Office Park (OP) 19.235.010 Office/ret iL The followin use shall be perm ix�crioNS: Fn z � � � � � us� � " x a .� Office use P ocess II None P ssible Retail II See establishment note 10 providing S e notes banking and 1 related finencisl services � Felate�-+te�s See-peEe-9 Retail establishment providing ot'fice supplies, printing and duplicating sre described in m � � � � ! 3 � Proceaa 1,11, [lI snd Chaptet 19.55 FWR Chrpter 19.60 fiWR Chepter 19.65 FWR � er 19,70 FVJR s K:�2011 � Coc,�,e Amendmen� ,' , ted in the office �T, read down W fin Minimums Re uired Yards � � � � 25 ft. 20 ft. 20 R 35 ft. 20 ft, 20 ft 50 ft. 20 ft. 20 ft Except 20 ft, along residentiai zones foi side and rear yards See notes 2 and -I� zone subiect to the re¢ulations and notes set forth in this section: USE ZONE CHART � ZONE �� �y OP e� ;� '� � x� ca a SPECIAL REGULATIONS AND NOTES 55 ft. Gene[al 1. (f approved through process III, the height of e structure may exceed 55 ft. above average building elevation above of�ice and to a maximum of 70 ft., if all of the foilowing criteria are met: average retaiL 1 for a. The additional height is necessary to accommodate the particular use conducted in thr building; and building each 300 sq. b. The subject property does not adjoin a residential zone; and elevation ft. gross floor c. Each required yard abutting the structure is inereased one ft. for each one ft, thr structurc rx�eeds 55 ft, area above average building elevation; and See notes d.1'he increased height will not block views designated by the comprehcnsive plan; anJ 1 end 3 Medical and e. 7'he increased height is consistent with goals and policies for the area of the subject propeny as dental office: established by the comprehensive plan. 1 for each 2. Eront yard setbaek: 25 ft. if entry is visible from R.O.W. und f�ont facade is IS% glass; 35 ft, il' Imidscape 225 sq. n. of' buffer and stormwater facilities are located in the front yard; or 50 ft. if parking end driving areas xre located gross tloor in the fiunt yard. area 3. If any ponion of a structure on the subject property is within l0U 8, of'a residenti❑I zune, then iha[ portion of the structure shall not exceed 30 ft. above average building elevation. Mixed Uses: 4. ccessory , iJ-��wh�uwd Determined ° � ���er�,a- uses mav be on a case-by- �Ilowed subiect to the follo�ving crit�ria: case basis a. 'f�e�lassm�nLOrient�tion �esian ansl o�r si�e de�ien �nd�rchicect�ral f�ntur�s �f il�r aroausrd buildine, and site nlan demonstrate that this use will not detract from theprinsinal charuct�r uf thr subj,r�t prQpertv as an offtce nark. b. 7'he exterior appearan�e of that r�n'on of the buildin hg ousinp the accessorv w�s will bz cumparnble to the exterior an�arance of other buildines on the_ subject uronertv. 5. The subject property must be designed so that any truck parking, loading and ma��ruveriug areas; areas wherc noise generating outdoor uses and activities may occur, and vents and similar teawres sur located es far as possible from any residential zone. 6. May not conduct any sctivity or use on the subject property that involves the relrase ot'roxic or noxious gases, f'umes or odors. For other infonnation about parking and pazking areas, see Chapter 19.130 FWRC, For details of what may exceed this height limit, see FWRC 19.110,050 e[ scq. For details regarding required yards, see FWitC 19.I25.160 et seq. Warehouse in OP Zone�Plnnning Commission\0615I 1 Packet�Amended l9-235-010 Office, Retail.DOC �~ � • � ��' � �: � 19.235.010 Office/re�ail. (Continued) The followin use shall be ermitted in the o�ce ark ( DI CTIONS; FIRST read down w find use ... v� Minimums p � Re uired Yards � � � � °� u3E p� a � � 'v�'� a a� � �-9: Q, Nu maximum lot coverage is established. lnstead, the buildable area will be d�trrmined by o�her site development requirements, i.e., required buffers, parking lot landseaping, surface watrr f'acilities, etc. �1-1- �,Q, For communiry design �uidelines that apply to the project, see Chapter 19.115 FWRC. �1-�: jj, For landscaping requirements that apply to the project, see Chapter 19,125 FWRC. �3, j2 For sign requirements that apply to the project, see Chapter 19.140 FWRC. �4-,(� Refer to Chapter 19.265 FWRC to determine whet other provisions of this chapter niuy �pply to the subject 7. Outdoor use, activity and storage is regulated by FWRC 19.125.1�0. 8. Access to and from drive•through facilities must be approved by the public works drpeniuent. Drive-through facilities must be designed so that vehicles will not block traftic in the street while wa�ting in line ;uid will not unreasonably interfere with on-site tr�c flow. , uwud-�»a�-er�He-subje�E . 14ieF-all Proceas t, Il, l[I and ri Chsptet 19,53 FWRC, Ghapter 19.60 FWRC, Chapter 19,65 FWRC, Chapter 19J0 FWItC K:�2011 Code described in zone subiect to the set forth in this section: USE ZONE CHART across for REGULATIONS � ZONE � OP�� '3 � a c� SPECIAL REGULATIONS AND NOTES For other information sbout parking and parking areas, aee Chapter 19.130 FWRC. fior details of what may exceed this height limit, see FWRC 19.110.OS0 et seq. For details regarding rcquired yard+, see FWRC 19,125.160 et aeq. Warehouse in OP Zone�Planning Commission\061511 Packet�lmended 19435-010 Off'ice, RetaiI.DOC �� � .�Y"' /'� LJ .° � lid � j � .. �,.� . � . �� I � { ;� ;� �. , 19.235.030 Lim�ed commerclal. The followin uses shall be ne; h O � � us� � Commercial or Pr� indusvial photography, Po cinematography Pr� or video ifI :CTIONS: FIRST,.read doW � . Mini, � Re uired � 3 � w :: h Q ;� a ° k � ess I! None 25 ft. 20 8 35 ft. 20 fl ible See 50 ft. 20 fl ess note 7 See notes 2 broadcast studio Seelnote 1 Newspaper �i printing plant I Research development and � testing facilities, I including elecvonics � technologies and dentallabs � i Ptoces9 I, !1, til and I V ar� desoribed in Chapter 19.55 FWRC, Chaptet 19,60 fiWRC, Chaptet 19.65 FWRC, Chspter 19,T0 FWRC res tively. For other informatiou about parkiug and purking arexs, see Chapter 19.130 FWRC. For detuils of wlwt may exceed this height limit, aee FWRC 19.1 t0.050 et seq. For details rngazdiug required yards, aee FWRC 19.125.160 et seq. y�!� � *. �L.. �.�,� rr K,12011 Code Warehouse in OP ZoneU'lanning Commission1061511 !'acketlAmended 19-235-030 Limited Commercial,doc to the reQUlations and notes set forth in this section: USE ZONE CHART use . " � ZONE °' OP o� �� ,W � �,`�i a x� a a SPECIAL REGULATIONS AND NOT�S 1 ft. 35 ft. above 1 for every 1. !f approved through process lll, the height of a svucture may exceed 35 H. above xverage building elevation to a ►�, average SUO sq. ft. muximum of 55 ft,, if all of the following criteria are met: � g, building gross tloor a. The additional height is necessary to accommodate the particular use conducted iu thr buitding, and � elevatiun area, unless b. The subject propeRy does not adjoin a residential zone; and � use c. Each required yard abutting the structure is increased one ft. for each one ft. the structurc exceeds 35 ft. above See nutes t includes average building elevation; and and 3 accessury d. The increased height will not block views designated by the comprehensive pl�n; anJ uses, then e. The increased height is consistent with goals and policies t'or the area of[he subjrct prup�riy us established by determined the comprehensive plan, on a case• 2. Front yard setback: 25 ft. if enuy is visible from R.O.W. and front facade is 15"/a gluss; 35 ti. if landscape buffer by-case and storniwater faeilities are located in the tiont yard; or 50 ft. if pazking and driving �reas urr locat�d in the front basis yard. 3. lf any ponion uf a structure on the property is within IUG H. of a residrntial zone, d�.•n thut portiun ot'the structure shall not exceed 30 ft. above average building elevation. 4. May not conduct any activiry or use on the subject pruperty that involves the releas. �l' wxic or noxious gases, fumes or odors. � � '� N�� 9.235.030 L1m ted commerc[al. Contlnued D CTIONS: FIRST read down to find use ... 7'NEN � Minimums z Re uired Yards ti � � � � � � o � � m � •� � � ,� � � �a x USE � a .a w y a �� a a �4eeesse�5' €aei�lEies I See-aete3 1 Convention, eonference, and trade cenurs as9esiate�-wid� �� �� i�-d�is-�epe See-petaG Process 1, Il, IIl end 1' Chapror 19.55 FWRC Chapter 19.60 FWRC Chepter 19.65 FWRC Chaater 19.70 FVJRC K:�2011 Code ere deacribed in USE ZONE CHART ZONE OP SPECIAL REGULATIONS AND NOTES Accessory uses mav be alli�wed suhiect to 1'ollowing criteria: • �-c�-�ew-tl+eH-�4�1�w-��iriad �� The placement, orientatiorr, design and other site design and archirectural feawres of the prupused building and site pien demonsuate that this use will not detract from the principal character of the subject properiy as an uffice park. e: � Thr exterior appearence of the warehouse facility will be comparable to the exrerior appear:�ncr uf other buildings on the subject propeny, , tis-HHlf+s-u�a: a c, The subject property is designed so that truck parking, loading and maneuvering area�; areas where noise generating outdoor uses and activities may occur; and vents and similar features are located as tar es possible from any residential zone. , #�-sub,�;t-yFe�e�y: �- ¢, No maximum lot coverage is established. lnstead, the buildable area wili be determined by ottier site development requirements, i.e., required buffers, parking lot Iandscaping, surface water facilities, etc. 8- Z For community design guidelines that apply to the project, see Chapter 19.115 FWRC 4: $, For landscaping requirements that apply to the project, see Chapter 19.125 PWFtC. -18: � For sign requirements that apply to the project, see Chapter 19.140 FWRC. �4�-1Q, Refer to Chapter 19.265 FW1tC to determine what other provisions of this chapter may apply to the subject property. For other inFormetion about parking and parking arees, see Chapter l9.130 FWRC. Nor de[eils of what may exceed this heiQht limit, see FWRC 19.110.050 et seq. For details rcgarding required yerds, see FWRC 19.125.160 et seq. Warohouse in OP ZoneU'lanning Commission\06151 l Packet�Amended 19-235-030 Limited Commercial.doc i ,. . �. ,� �� � .d ..' � � � 19.235.020 E � � � � � us� � ite fnment — Commercial recreation. in uses shall be ermitted in the office ark OP zone [ONS: F[RST read down to find use .,. THEN, across for Ri Minimums � Re uired Yards 5 .. Q o� �N � � �+ � �� �e. 0! � � � �^ Y a� � r� � a x� a a, Rostaurant Pr with seating capaciry for Pa no morc than Pr SO persons III Commerciel recreation feciliry Procese I, II, IlI and IV Chapter 19.55 FWRC, Chapter 19.60 FWRC, �et 19.63 EWRC, Chapter 19,70 FWRC r K:�2011 Code notes 3 and 5 described In i notes 2, For other information about parking and parking areas, see Chaptu 19.130 FWRC. For details of what mey exceed thie height limit, see FWRC 19,1 I0.050 et seq. Fw de�sils regarding required yards, see FWRC 19,123.160 et seq. Warehouse in OP Zone�Planning Commission\06151 l Packet\19-235-020 Entertainment, Commereial Recreation.doc to the USE ZONE CHART LA1'IONs set forth in ZONE OP SPECIAL REGULATIONS AND NOTES 35 ft. above Restaurent: l. If approved through process III, the height of a structure may exceed 35 ft. above average buiiding elevation to average 1 tbr every a ma�cimum of 55 n., if all of the following criteria are met: building 100 sq, ft. a. The additiona! height is necessary to accommodatr the particular use conducted in the building; �nd elevation gross floor b. The subject property does not adjoin a residentiai zone; and area c. Each required yard abutting the structure is increased one ft, for each one ft. the structure exceeds 35 ft. See notes 1 above average building elevation; and end 4 Recreatiun: d. The increased height will not block views designated by the eomprehensive plau; and Determined e. The inCreased height iS consistent with goals and policies for the suea of the subj�et property as established un a case-by- by d�e comprehensive plan. case basis 2. Front yard setback: 25 ft. if entry is visible from R.O.W. and front facade is 15% gl:,ss; 35 H. if I:uidscape bufter and stormwater facilities are located in ihe front yard; or SU ft. if parking and driving areas are locuteJ in front yard. 3. 'fhe subject propeny must bc designed so that any truck parking, loading and manruvering �ueus; �rcas where noise genereting outdoor uses and aotivities may o¢cur; anJ vents and similsu f'eawrc� ure lurated as fur as possible t�om xny residential zone. 4. lf any portion of a structure on the subject propeny is within l0U ft, of a residential zune, then that portion of the structure shell not exceed 30 ft. above average building elevatlon. •' 5. No ma�cimum lot coverage is established. Instead, the buildable area will be determined by other si�e development requirements, i.e., required buffers, parking lot Iandscaping, surface water facilities, etc. 6. For communiry design guidelines that apply to the project, see Chapcer 19.115 FWItC. 7. For Iandscaping requirements that apply.to the project, see Chaprer 19.125 FWRC. 8. For sign requiremenu that apply to the project, see Chapter 19.140 FWRC. I 9. Rofer to CMapter 19.265 FWRC to detetmine what other provisions of this chapter may apply to the subject � U� � �+� � � t h � ����� __..�__._.._ RESTALrRANTS COMPARISON MATRIX . C[TY ' PERM[SS[ON Kent Permitted as an accessory use (no drive- Off ce District (0) through) Auburn Residential Office (RO) & Residential Permitted outright {no drive-through) O�ce-Hospital District (RO-H) Tukwila O�ce (0) District Permitted outright Burien Permitted as an accessory use (no drive- Office Zone (0) through) � Des Moines B-P Business Park Zone Permitted outright Sea-Tac permitted as an accessory use (no drive- Office/CommerciaUMixed Use (O/C/MI�) through) Spokane Valley Permitted outright (drive-through allowed as Office District (0) an accessory use) Renton Permitted as an accessory use to office use Commercial Office (CO) (Shal( not stand alone and shall not occupy more than 25 percent) K:VA1 I Code AmendmentslAcoessory Warehouse in OP ZonelPlanning Commission1061511 PacicetlRestaaraat Comparison Matrix.doc 19.235.020 Ente talnment The followin uses shall I D! TIONS; Fll z o � � � �� � USE � oG � � Restaurant Proce s Il None +�i�-sea�ittg eapaei�y-€e� Possi le See � Proce s notes 3 39-pevsees III and 5 Commercial recreation faciliry I Procesa I, II, III ead IV C6eptu 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chwter 19.70 FWRC � K,12011 Code — Commerclat recreation. be nermitfed in the office c � ... a ,� w y a notes 2, 7 and 8 described in sublect to the re�ulations and notes set forth in this section: USE ZONE CHART A a o :: ' v' a � .� � �' � x � a a�, 35 ft. above Restaurant: average 1 for every building IUO sq. ft. elevation gross floor area 3ee notes 1 and 4 Recreation: Determined on a case-by- case basis ZONE OP SPECIAL REGULATIONS AND NOTES L If approved through process Ill, the height of a structure may exceed 35 H. above average building elevation to ! a maximum of 55 ft,, if all of the Pollowing criteria are met: i a. The addhional height is necessary to accommodate the particutar use conducted in the building; and b. The subject property does not adjoin a residential zone; and a Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft, above average building elevation; and d. The inereased height will not block views designgted by the comprehensive plan; and e. The increased height is consistent with goals and policies for the area of the subject pruperty as established by the comprehensive plan. 2. Front yard setback: 25 ft. if entry is visible from R.O.W. end front facade is 15% glass; 35 ft. if landscape buffer and stormwater facilities are located in the front yard; or 50 ft. if perking end driving ureas are located in front yard. 3. The subject property must be designed so that any wck parking, loading and maneuvering areas; areas where noise generating outdoor uses and activities may occur; and vents and similar features are located as far as possible from any residential zone. 4. If any portion of a structure on the subject properry is within 100 ft. of a residential zone, then that portion of the suucture shall not exceed 30 ft. above average building elevation, 5. No marcimum lot coverage is estabtished. lnstead, the buildable area will be determined by other site development requiremenu, i.e., required buffers, parking lot landseaping, surface water facilities, etc. 6. For communiry design guidelines that apply to the project, see Chapter 19.115 FWRC. 7. For landscaping requirements that apply to the project, see Chapter 19,125 FWRC. 8. Por sign requirements that apply to the project, see Chapter 19.140 FWRC. 9, Refer to Chapter 19.265 FWRC to detertnine what othet provisions of this chapter may apply to the subject property. For other information about parking end parking areae, see Chaptu 19.130 FWRC. For dtteilo of what may exeeed thi� height limit, see FW[tC 19.110.050 et seq. For details rcgarding rcquired yarda, aee FWRC 19.125.160 et aeq. Warehouse in OP Zone�Planning Commission\061511 PacketMmended 19-235-020 Entertainment, Commercial Recreetion.doc I° � I ',,,�.,,' =T:: CA'�J °I � � i � i '�.N1,�j� CONVENTION CENTERS COMPARISON MATRIX CITY PERM[SSION Kent O�ce District (0) Not permitted Auburn Residential O�ce (RO) & Residential Not perrnitted Office-Hospital District (RO-E� Tukwiia Not pemutted O�ce (0) District Burien Office Zone (0) Permitted Des Moines pernutted B-P Business Park Zone Sea-Tac O�ce/Commercial/Mixed (Ise (O/C/MIl) Pertnitted Spokane Valley O�ce District (0) Not permitted Renton ° Commercial Office (CO) Pertnitted K12011 Code Amendm�nts�Accessory Warehouse in OP ZonclPlanning Commission�61511 Padce�VConv�ntian Cen�rs Co�an Matrix.doc :°��-�f1�1f. -k•_..__.��.:�.-- _. OUT-RIGHT PERMITTED USES IN THE OP ZONE • Office use • Reta.ii establishment providing banking and re(ated financial services • Retail establishment providing office supplies, printing and duplicating • Restaurant with seating capacity for no more than 50 persons • Commercial recreation faciiity • Commercial or industrial photography, cinematography or video production, broadcast studio • Newspaper printing plant • Research devetopment and testing facilities, including electronics technologies and denta.t labs • Schools, colleges, uriiversiries, or business or vocational schoots • Commercial day caze facilities • EIospita(s, convalescent centers, nursing homes • Funeral homes and mortuaries • Government facility, public pazks, and public transit shelter • Public utility • Personal wireless service facility • Church, synagogue or other piace of re(igious worship [C12011 Code Ama�dmantclAccessory Warelwuse in OP ZarelPlanning Commission106151 l Pacicetl0utright pamitLed uses.doc Minutes of the June 15, 2011 Planning Commission Public Hearing CITY OF FEDERAL WAY PLANNING COMMISSION June 15, 201 i City Hall 7:00 p.m. C Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope E(der, Wayne Carlson, Tom Medhurst, Lawson Bronson, Tim O'Neil, and Sarady Long. Commissioners absent: None. Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark, Assistant City Attorney Peter Becicwith, and Administrative Assistant Tina Piety. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of May 18, 2011, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Mr. Conlen stated the next Planning Commission meeting has not been set. COMMISS[ON BUSINESS PUBL[C HEARING — Proposed Amendments Related to Restaurants, Accessory Uses, and Convention Centers in the Office Park (OP) Zone Ms. Clark delivered the staff report. This is a request from a citizen (Roger Hazzard) to amend Federal Way Revised Code (FWRC) 19.235.010 to increase the percentage of gross floor that can be used for accessory warehouse use. Whi(e researching this request, staff found other items that should be addressed; hence amendments to FWRC 19.235.030 (also addressing warehouse use), FWRC 19.235.020 (addressing seating capacity of restaurants), and FWRC 19.235.030 (addressing convention centers) were added to this proposal. There was no public comment. Ms. Clark stated that Mr. Hazzard had told her he supports the staff recommendation. Commissioner O'Neil asked if there was any logic behind the 20% regulation for accessory uses. Ms. Clark replied she is unaware of the logic behind the 20% regulation. The City of Federal Way adopted the Kirkland zoning code when we incorporated and that code had the 20% regulation. The city has not received any question or complaint about the 20% regulation before this and therefore, the staff has never researched the regulation before this time. Commissioner O'Nei1 asked if the 20% regulation is monitored. Ms. Clark replied it is monitored when an applicant applies for a tenant improvement. K:U'lanning Commission�2011�Meeting Summsry 06-i 5-I I.doc Planning Commission Minutes Page 2 June 15, 2011 Commissioner Bronson asked how many OP zones are in the city and what is the acreage. Ms. Clark replied that she does not have the acreage with her at this time. The West Campus area has the largest OP zone in the city. There is also a smaller one at 1 and 320`�, another at 21 and 320�', and another opposite the Federal Way High School. Commissioner Carlson moved (and it was secondea� to recommend approval of the proposed amendments to FWRC 19.235.0t0 and 19.253.030 to allow any accessory use subject to certain site design and architectural features. The motion carried. Commissioner Carlson moved (and it was secondea� to recommend approval of the proposed amendment to FWRC 19.235.020 to remove seating limitations for restaurants. The motion carried. Commissioner Cartson moved (and it was secondea� to recommend approval of the proposed amendment to FWRC i9.235.030 to allow convention centers as a stand alone use. The motion carried. The pubtic hearing was closed. ADD[T[ONAL BUSINESS None ADJOURN The meeting was adjourned at 7:25 p.m. K:1Planning Commission\20111Mating Summary 06-15-I l.doc Minutes of the July 18, 2011 LUTC Meeting City of Federal Way City Council Land Use and Transportation Committee Juiy 18, 2011 City Hatl 6:00 PM City Councii Chambers MEETING SUMMARY Committee members in Attendance: Committee Chair Linda Kochmaz, Committee member Jim Ferrell and Committee member Jack Dovey Councilmember in Attendance: Deputy Mayor Dini Duclos Staff in Attendauce: Director of Pazks, Public Works and Emergency Management Cary Roe, Deputy Public Works Director Marwan Salloum, Deputy Public Works Director Ken Miller, City Tratfic Engineer Rick Perez, Surface Water Manager Wilt Appleton, Senior Traffic Engineer Jesse Hannahs, Principal Planner Margaret Clazk, Planning Manager Isaac Conlen, Assistant City Attomey Peter Beckwith, and Administrative Assistant II Dazlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 6:00 PM. 2. PUBLIC COMMENT There was no public eomment. 3. BUSINESS ITEMS Forward Topic Title/Description to Counci! A. Approval of the June 13, 2011 LiTTC Minutes N/A B. Committee approved the June 13, 2011 LUTC minutes as presented. Moved: Ferreli Seconded: Dovey Passed: Unanimously, 3-0 Truck Route Ordinance City Traffic Engineer Rick Perez presented information on this item: Staff incorporated the Committee's recommendation from the June 13, 2011 and revised the ordinance, redefining local deliveries as those with origins or destinations within the city, or firms h�ving corpocate headquarters within ttie city, but otherwise would not allow any number of non-local deliveries to use roadways that are not designated teuck routes. Aug. 2, 2011 Ordinance 1 �` Reading There was one public comment: Bob Cooper, Lloyd Enterprises, Inc., Federal Way — Mr. Cooper expressed his thanks anii sincere appreciation to staff and the committee for their e�`'orts in clar�ing the ordinance ------ -nQtirn�aactl�islzusiness� Committee forwarded Option #1 as presented. Moved: Ferrell. Seconded: Dovey Passed: Unanimousiy; 3-0 Land Use/Transportation Committee Page 2 July I8, 201 l C. WSDOT TratTic Busters Fiber Optic Cable Connection — Bid Award Aug. 2, 20 i 1 Consent D. E. Senior Traffic Engineer Jesse Hannahs presented information on this item. There was no public comment. Committee member povey inquired on bid item #6 being considerably lower than the other bidders. Could that low bid present a problem later on? City Traffic Engineer Perez explained that when scoping out the items for the project, sta� received a very broad range of responses and quotes for Bid [tem #6, Fiber Optic Cable System, Complete and was not surprised at the varied bids. Mr. Perez atso explained that some of the bid difference also lies with which companies may do the work themselves and which will have to sub-contract. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Ferrell WTSC Schooi Zone Flashing Beacon Grant Acceptance Passed: Unauimously, 3-0 Aug. 2, 2011 Consent Senior Traffic Engineer Jesse Hannahs presented information on this item. There was no pubGc comment. Committee member povey asked about the difference in cost between Nautilus Elem. and the other school locations. Mr. Hannahs explained that Nautilus was receiving a brand new installation of the flashing beacon, whereas, the other 10 locations where receiving retrofits to their existing systems. There was some discussion on the location of the school zone flashers at Nautilus Elem. 'Chis particular installation wiil be at the school entrance on 11�' Ave S. Committee member povey suggested staff evaluate the 8�' Ave S school entrance at Nautilus Elem. in the future. Committee forwarded Option #1 as presented. Moved: Ferrell Seconded: Dovey SWM CLP Update Passed: Unanimously, 3-0 Surface Water Manager Will Appieton presented information on this item. There was no public comment. Staff discussed that their new video inspection system will be up and running soon. SWM staff anticipates possible SWM CIP or Small CIP projects resulring from this new inspection program. Committee member povey initiated discussion on funds in the SWM utility and a possible rate increase in the future as well as land acquisirion. Committee member povey talked in favor of holding on to SWM utility funds until there is more certainty of what SWM staffwill be looking at for CIP/Small CIP projects. Mr. Appleton requested to defer responding to Committee member povey until after the proceeding agenda item. N/A Infomiation Only Mr. Appleton ciarified that the money in the Small CIP budget is used for staff to design and construct these small CIP projects. T'he Small CIP budget is used for projects that come up as a result of the inspection process. Chair Kochmar inquired on the West Hylebos land acquisition and the amount of money needed to purchase this land. Will monies be transferred from the Small CIP fund? Mr. Appleton responded that the three projects requiring land acquisition aze stand alone proj ects. N funds will be trans fr om the Small CIP to property acquisitioa If the subject propeRies are not purchased, those non-grant momes cou go ac mto e -- fund and be used to offset a utility rate increase. Chair Kochmar inquired why the City has been purchasing land rather than purchasing easements. Chair Kochmar is concerned about spending any money that isn't absolutely necessary. Committee member povey asked that when money becomes even tighter in the future, shouldn. the City be more frugal with how we are spending or transferring funds. The City has been fortunate in receiving grants; however matching funds are often required. Since we have been successfulin G_1LUTCU.UTC Agmd`s and S�enmaries 2011\7-t&I i Mfautes.doc Land Use/Transportation Committee Page 3 July 18, 2011 securing grants for many of these projects, we need to make sure we have funds available for the grant fund match. No action taken. Item was for information only. F. Utilization of City of Federal Way Surplus Property for the Construction of the S 356`� Aug. 2, 2011 Street RDF Retroft Project Consent Surface Water Manager Will Appleton presented information on this item. There was no public comment. Mr. Appleton confirmed that the City owns the subject land in quesrioa Committee member povey asked where the funds came from to purchase this properiy. Was the intent of the City's purchase of the Qualbeck property for the S 356`� Intersection Improvement Project for the general fund to be paid back at some point in the future? Mr. Appleton stated that at the time of the S 356`� St project, these were Streets funds and there was no anticipation of SWM's interest in the subject land/surplus property. Director Roe explained that at the time of the S 356 St pmject, staff new that there would be surplus property. After the project was completed, the Surface Water division secured a DOE grant for $ t M and approached the Street Fund/General Fund about purchasing the surplus iand to expand their detention facility using their $1M grant. SWM cannot spend their funds on anything that won't benefit the urility. The quesrion that needs to be answered is given past practice and policy; should the S WM utility purchase this surplus land from the General Fund? Committee member povey wanted clarification on if the project would conrinue regardless of whether or not SWM purchases the surplus land from the General Fund. Director Roe confirmed that to be true. The City owns the land; the question remains as to whether or not the SWM utility will pay for the land. The project is not contingent on the $800K to finish the project. Committee member povey suggested keeping the $800K in the SWM utility and holding it for another time in the future when there is a project that needs that funding. The money can always be transferred at a later date. Deputy Mayor Duclos applauded the SWM utility for being self supporting and doing a very good job at managing their funds. She asked if purchasing the land was a requirement for the project. Director Roe stated that the utility purchasing the land from the City is not a requirement; rather it has been past policy and practice for the utility to pay its ovm way. Council can continue to support past policy and practice or they can revise/change the policy. Deputy Mayor Duclos asked what the source of funding was for the S 356�' St at SR 99 Intersection Improvement Project. Director Rce responded that the funding source for that project came &om the General Fund and from the Transportation Improvement Boazd (TIB). The portion from the Generat Fund was in excess of the $SOOK that the SWM utility is offering to pay for this surplus land. Deputy Mayor Duclos spoke in favor of transferring $800K Gom the SWM urility to the General Fund Committee member Ferrell asked if SWM purchased the subject land &om the general fund, exactly where that money ($800K) would go. Director Rce stated that the S800K could go straight into the Generat Fund, the Street Fund or the Capital Fund. Atthough it is at the discretion of the Council, the money would typicaily go back into the fund it originated in; in — i��i's case, f�ie�api�at Funfi oe no e oun i -- matter. As the design of the project proceeds, SWM will not need to acquire the land unti12013. Committee member povey asked if the SWM project is contingent on the $800K transfer of funds. Director Rce stated that the transfer of funds has no 6earing on the SWM project. The project will occur regardless of whether or not SWM purchases the surplus land from the General Fund. Committee member povey stated that if SWM transfers money from its urility fund to the General Fund, the money needs to go to transportation and can only be used for transportation. Deputy Mayor Duclos concurred. G:U.UTCU.UI'C Agrndas and Summaries 2011 V-1 S-1 I Mimrtes.doc Land Use/Transportation Committee Page 4 July 18, 201 l Committee member Ferrell is not quite sure why one branch of the City would buy from a different part of the same entity and feels that this would be difficult to explain to members of the public. At the same time, if money originated in the General Fund, it could also be retumed to the General fund to be used as the Council sees fit. Committee member Ferrell is undecided on the issue at this time. Chair Kochmar asked where the $800K funds were actually coming from. Mr. Appleton explained the funds are coming &om Surface Water unallocated funds &om the SWM urility. Conversation conrinued between Chair Kochmar, Committee member Ferrell and Director Roe, stating that if SWM utility funds were transferred to the General Fund for the purchase of surplus land for the S 356"' St RDF Project, the funds could be put into Capital or could be put into the Operations funds. The Council could decide how the General Funds could be used. There aren't any restricrions of how the funds have to be used; it is up to Council decision. Committee member povey noted that if SWM purchases the surplus land, the utitity will have to deal with potential SWM utility rate increases earlier (approx. 1%2 to 2 years) than otherwise anticipated. Committee member povey supports waiting and leaving the money in the SWM utility. Policy needs to be reviewed by LUTC and/or FEDRAC. Committee moved to postpoae the transfer of funds for surplus property from the SWM utility to the General Fund, to review the City policy regarding this purchase at both FEDRAC and LIJTC meetings in October 2011, and to re-address this issue st LUTC in December 2011. Moved: Dovey Seconded: Ferretl P�ssed: Unanimously, 3-0 G. Code Amendment to Aliow Animal Kennels and Anima! Care Facilities in the Sept. 6, 2011 Neighborhood Business Zone. Ordinance i � Readixg Principal Planner Margaret Clark presented information on this item. There was no public comment. Committee member povey voiced concern over potential noise from animal care facilities and asked how staff will enforce the noise issue and handle complaints. Ms. Clark stated that this code amendment witl be enforced the same as any other code, through the code enforcement officers. Noise is noise and witl subject to the same parameters as any other noise ordinance violation. Committee member povey suggests being proactive and making sure that staff has means in place to enforce animal care facility compliance with the City code. Ms. Clark explained the noise levels illustrated in our current code using the Maximum Noise Standards Chart. Deputy Mayor Duclos suggested that if Councit approves this code amendment, that at the time of permitting the project, the facility is inspected and tested for noise control, making sure it complies with the current code standards for noise. Due process takes time. Time is allowed for response, appeal, and compliance. Planning Manager Conlen stated that it could take up to six months for the City to force a business to take action on a code violation. Ms. Clark noted that animal care facilities are currently allowed in the BC zone. To date, there have been no complaints. Some of these facilities in the BC zone border residential neighborhoods (ie. Twin Lakes Animal Hospital, Sacajawea Veterinary). Ms. Clark is confident that noise complaints will not be an issue. Committee forwarded Option #1 as presented. . Moved: Ferrell Seconded: Dovey Passed: Unanimously, 3-0 G:�I.UTCII.U'I'C Agendas and Summaries 2011 V-t8-11 Minutes.dce Land Use/Transportation Committee Page 5 July 18, 201 i II. Code Amendments Related to Accessory Uses, Seating Capacity of Restaurants and Sept 6, 2011 ConvenNon Centers in the Office Park Zone Ordinance l�` Reading Principal Planner Mazgaret Clark presented information on this item. There was no public commen� Committee member povey requested addirional rime to consider two of the three items. Ms. Clark offered to present a study session on these two code amendments in the future. The Committee requested more rime to review the code amendment material and to come back to LUTC in the future for further discussion. Committee forwarded Optiou, 2, amending the Mayor's recommendation to approve ou EWRC, 19.235.020 �Entertainment — Commercial recreation, omitting the text, "with seating capacity for no more than 50 persons." Code Amendments for Accessory Uses and Couvention Centers in the Office Park Zone were tabled to a future LUTC meeting. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 4. OTAER Director Roe led discussion on the potential of cancelling the second' LUTC meeting in August pending no time sensitive topics. The Committee spoke in favor of the suggestion. Cancelling the August 15, 2011 LUTC meeting will be finalized on August 1. 5. FUTURE MEETING The next LUTC meeting will be Monday, August 1, 2011 at 6:00 PM in City Hall Council Chambers. b. ADJOURN The meeting adjourned at 7:22 PM. Attest: __(t���� � 1���1 �� Darlene LeMaster, Administrative Assistant II COMMTI°I'EE APPROVAL: �. Linda Kochmar, Chair J k ey, Member G:\LUi'C1[.UTC Agendas and Summaries 2011 V-1&f 1 Mnutes.doc