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Council PKT 07-17-2012 RegularCITY OF � Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall July 17, 2012 7:00 p.m. www. cityoffederalway. corn 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Proclamation: Mike Dunwiddie, King County Aquatic Center Manager ... page 3 b. Proclamation: Monda Holsinger, AmeriCorps Director...page 4 c. Mayor's Emerging Issues 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 to the podium and state your name for the record. P/ease limit your comments to three minutes. The Mayor may intemrpt comments that exceed three minutes, relate � negatively to other individuals or are otherwise inappropriate. 5. CONSENT AGENDA Ifems listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval. All items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: July 3, 2012 Special and Regular Meeting...page 5 b. S 344 Way at Weyerhaeuser Way S Intersection Improvements — 100% Design StBtUS Rep01t ...page 13 c. 10 Ave. SW at SW Campus Drive Intersection Improvements —100% Design Status Report ...page 15 d. Resolution: Acceptance of Grant Funding for Transportation Improvement ProjeCtS...page 17 6. COUNCIL BUSINESS a. Human Services Commission Appointment...page 22 b. Mark Twain Elementary School Safe Routes to School Project — Bid Award...page 23 c. Cancellation of August 21, 2012 Council Meeting...page 2s The Council may add items and take action on items not listed on the agenda. 7. ORDINANCES First Reading: a. CB # 607: Amend Federal Wav Revised Code Title 6"Public Safetv and Welfare" ...page 27 An ordinance of the City of Federal Way, Washington, relating to public safety,� amending Federal Way Revised Code 6.40.010, "Frauds and Swindles,"adding a new section to Chapter 6. 55 FWRC, "Public Peace, " and adding a new section to Chapter 6J5 FWRC, "Miscellaneous Crimes and Offenses." Second Reading: b. CB # 606: Amend Federal Wav Revised Code Title 2 to Create the Communitv Development Block Grant Loan Review Advisorv Committee...page 32 An ordinance of the Cify of Federal Way, Washington, relating to the Community Development Block Grant (COBG) Loan Review Advisory Committee, adding a new Chapter to Title 2 FWRC Government 8. COUNCIL REPORTS 9. MAYOR'S REPORT 10. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. CITY OF ,�.., Federal Way PROCLAMA TIDN "Mike Dunwiddie" WHEREAS, Milce Dunwiddie is the manager of the Weyerhaeuser King County Aquatic Center where he has v��orked tirelessly to attract and host regional, national and intei�national aquatics events over the past 20 years; and WHEREAS, He has developed the Weyerhaeusei King County Aquatic Center into one of the top facilities in tlie nation for high-level aquatics competitions, attracting a long list of collegiate and Olympic events that have been held in Federal Way; and WHEREAS, these prominent aquatics events boost the Federal Way eeonomy and enhance the community's image; and WHEREAS, the most recent competition, the US Olympic Team Trials for Diving, was a i success, bringing thousands of visitors and national media to Federal Way and injecting more than $1 million into the local economy; and WHEREAS, Mike Dunwiddie is also an ardent promoter of Federal Way in a variety of capacities, most notably as a long-time member of the Lodging Tax Advisory Committee, helping to promote tourism to Federal Way; and NOW, THEREFORE, we, the undersigned Mayor and City Council of the City of Federal Way, do hereby recognize Milce Dunwiddie for his outstanding work to make the Weyerhaeuser King County Aquatic Center one of the nation's top aquatics facilities, as well as his efforts to promote the economy and community of the city of Federal Way. SIGNED this 17th day of July 2012 FEDERAL WAY CITY COUNCIL Skip Priesl, Mayor Jeanne Burbidge, Cottncihnember Dini Daiclos, Counci/member Jim Ferrell, Deputy Mayor Bob Celski, Councilmember Roger Freeman, Councilmember Susan Konda, Councilnrember Linda Kochmar, Councilmember CITY OF ',�,'�., Federal Way PROCLAIVIA TION "Monda Holsinger, AmeriCorps" WHEREAS, Monda Holsinger is a Federal Way resident and 22-year Federal Way Public Schools employee, �vho retired at the end of this school year; and WHEREAS, Monda spent the past 14 years building the school district's AmeriCorps program into one of the most ef�ective programs in the nation; and WHEREAS, Federal Way Public Schools' AmeriCorps program has become vital to supporting student success with their work with the AVID college-readiness program anci after-school study clubs at schools across the district; and WHEREAS, the district's AmeriCorps program has contributed significantly to the Federal Way community,, performing community services ranging from building community gardens, to improving city parks and schools campuses, and conducting fundraising ef�'orts to benefit students; and WHEREAS, Monda and the AmeriCorps team have been key figures in the community-wide Build the Bridge Coalition to reduce poverty and increase opporteinity in Federal Way's Westway neighborhood; and NOW, THEREFORE, we, the undersigned Mayor and City Council of the City of Federal Way, do hereby recognize and thank Monda Holsingei for her leadership and commitment in establishing AmeriCorps as a vital community program and contributing significantly to a better Federal Way. SIGNED this 17th elay ofJuly 2012 FEDERAL WAY CITY COUNCIL Skip Priest, Mayor Jeanne Burbidge, Councilmember Dini Duclos, Co:encilmember Susan Konda, Councilmember Jim Ferrell, Deputy Mayor Bob Celski, Councidmember Roger Freeman, Cozmcilmember Linda Kochmar, Cot�ncilmember COUNCIL MEETING DATE: July 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the July 3, 2012 Special and Regular Meetings? ITEM #: � a COMMITTEE: N/fl CATEGORY: � Consent ❑ City Council Business � � Ordinance Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeill , Ci Clerk DEPT Human Resources _._ ....................................................._.............._..........._..............._......................._......._...................._Y............_.._tY............._...._.._..............._._........................................._................................................._._..._._...._........�._�_..._........---.....__..._ _. ____........_.....----..__..............�.._.._._..._.._ Attachments: Draft minutes from the July 3, 2012 Special and Regular Meetings. Options Considered: l. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION Staff recommends approving the minutes as presented. CITY CLERK APPROVAL: N/A � DIRECTOR APPROVAL: N/f1 N/fl Committee Counc� Committee Council COMMITTEE RECOMMENDATION: N/f1 PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES, AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF ,�... Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall July 3, 2012 6:30 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 6:30 pm. Elected officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Linda Kochmar, Councilmember Susan Honda, Councilmember Bob Celski, Councilmember Roger Freeman and Councilmember Dini Duclos. Mayor Priest excused Councilmember Jeanne Burbidge. City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. EXECUTiVE SESSION The City Council and City Attorney adjourned to executive session at 6:30 pm to discuss potential iitigation pursuant to RCW 42.30.110(1)(i) for approximately thirty minutes. The Council adjourned from executive session at 8:47 pm. 3. ADJOURNMENT Mayor Priest adjourned the meeting at 6:47 pm Attest: Carol McNeilly, CMC, City Clerk Approved by Council: Ciry Council Minutes — July 3, 2012 Special Meeting Page 1 of I CITY OF � Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall July 3, 2012 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:01 pm. Elected officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Linda Kochmar, Councilmember Susan Honda, Councilmember Bob Celski, Councilmember Roger Freeman and Councilmember Dini Duclos. Councilmember Jeanne Burbidge participated in the meeting via telephone. City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Dick Mayeried the Pledge of Allegiance. Mayor Priest referenced the photo of fireworks on the Council Chambers screen, reminding all that tomorrow is the City's Red, White and Blues Festival at Celebration Park. The park will open at 5:00 pm and admission is free. Live music begins at 6:00 pm, and the evening concludes with a twenty-minute fireworks display. 3. PRESENTATIONS a. Certificates of Appointment — Diversitv Commission At their June 19, 2012 meeting the City Council appointed Joseph Kuria and Troy Smith as voting members to the Diversity Commission, Councilmember Honda read the certificates of appointment into the record. b. Proclamation: Todd Beamer Hiqh School Dance Team Councilmember Freeman stated the community is blessed with some very talented young people. Tonight the Council will be recognizing a group of athletes from the Todd Beamer High School Dance Team. The team competed in the 4A Division State Championships on March 23` in Yakima. The Team won the 2012 State Championship, its seventh in nine years. Councilmember Freeman read the proclamation into the record and presented it to Coach Valicia Valiani and members of the Todd Beamer High School Dance Team, along with certificates of achievement for each team member. Coach Valiani and members of the Dance Team thanked the Council for recognizing their achievements. City Council Minutes — July 3, 2012 Regular Meeting Page 1 of 6 �� 4. Mayor's Emerqinq Issues Mayor Priest announced this week was the 60 Anniversary of the North Lake neighborhood. They will be celebrating with a community parade. Tomorrow is also a Mesothelioma 5k run. • RFQ Responses for Development of Joint Venture Civic Center Community and Economic Development Director Patrick Doherty stated the City received two responses to the RFQ for the public private partnership for a Civic Center. One response was received from Lorax and the other was received from ARCADD, Inc. Staff will return to Council on July 17 to further discuss the responses and next steps. • Police Department Update Police Chief Brian Wilson s#ated he has three topics to update the Council on. He provided a summary of the activities surrounding the shooting last week at Johnny's Bar and Grill. Individuals involved in this event have been associated with gang activities. Charges have not yet been filed on this case. Chief Wilson highlighted the quarterly residential burglary comparisons. The plan to address increased burglary involves various agencies, and in the last month the Police Department arrested two individua►s responsible for multiple burglaries within the city. He emphasized the importance of keeping doors locked and notifying the Police of suspicious activities in residential areas. Lastly, Chief Wilson provided a reminder that fireworks are illegal in the city. The Police Department will be enforcing the fireworks laws and encouraged citizens to call 911 or 253-852-2121 to report firework activities. • All American Citv Award Mayor Priest announced that yesterday Federal Way along with Seattle and six other South County Cities received a joint All-American City Award from the National Civic League for efforts to increase the number of third-grade children who read at grade level. The City along with the School District has joined the cities of Auburn, Kent, Renton, Tukwila, SeaTac and Seattle in the Road Map Project to improve education in our communities. Mayor Priest referenced the poster hanging by the Chambers door for the Let's Read campaign. He encouraged residents to promote reading, either as a family member or by volunteering in our schools. CITIZEN COMMENT Norma Blanchard referenced section 1.30.010 (Initiative and Referendum Powers— Intent) of the Federal Way Revised Code, she asked for clarification on this section of the FWRC. Clara McArthur commented on the Sound Transit Light Rail. Sound Transit is not delivering on their portion of the contract. She shared newspaper articles regarding light rail in the City of Bellevue. She feels the Council is not taking sufficient action in regards to Sound Transit. Libbv Bennett with Occupy Federal Way submitted written comments for the Clerk to read regarding Coal Trains. It is her understanding that environmental impact studies will not be required for areas along the railway lines. She asked the Council where they stand on this matter and if they have had any communication with surrounding cities regarding Coal Trains. City Council Minutes — July 3, 2012 Regular Meeting Page 2 of 6 5. CONSENT AGENDA Items listed befow have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council forapproval. All items are enacted by one motion. lndividual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: June 19, 2012 Special and Regular Meetings b. Vouchers c. Monthly Financial Report — May 2012 d. Resolution: Additional Funding Approval for Solid Waste and Recycling 2012-2013 Grant Cycle — Resolution 12-621 e. Funding for 2012 Desna Cup and Festival MOTION: Deputy Mayor Ferrell moved approval of items 5a through 5e. Councilmember Duclos second. VOTE: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Gouncilmember Freeman Yes Councilrnember Duclos Yes Motion carried 7-0. 6. PUBLIC HEARING a. 2013-2018 Transportation Improvement Proqram and Arterial Street Improvement Plan Mayor Priest declared the Public Hearing open at 7:57 pm, and reviewed the hearing format. Under RCW 47.26.210 and RCW 35.77.010, a public hearing must be conducted on the Transportation Improvement Plan. City Traffic Engineer Rick Perez stated the Transportation Improvement Plan outlines a 6- year plan for transportation related capital projects. New projects on the Plan include the following: • Citywide City Safety: This project would improve intersection safety by modifying signalization, signing and striping. This project is contingent on and would be funded by a WSDOT grant. • 13"' Ave. SW: SW 314` Street — SW 316 Street. This project would add sidewalks to connect to �akota Middle School. The project is contingent on and would be funded by a WSDOT Safe Routes to School grant. • 16 Ave. SW: SW 304 Street - SW 306' Street. This project would add sidewalks to connect to Adelaide Elementary School. This project is contingent on and would be funded by a WSDOT Safe Routes to School grant. • S. 288 Street: 19 Ave. S— Interstate 5.This project would re-stripe the roadway to three lanes with bike lanes and two pedestrian refuge islands with rectangular flashing beacons. This project is contingent on and would be funded by a WSDOT Bicycle and Pedestrian Safety grant. • 14 Ave. S.: S. 308 Street — S. 312 Street. This project would extend sidewalks on 14 Ave. S. to connect retail areas to senior housing and Federal Way High School. It City Council Minutes — July 3, 2012 Regular Meeting Page 3 of 6 would also construct a mini-roundabout at 14 Ave. S and S. 308 to improve intersection safety. This project is contingent on and would be funded a WSDOT Bicycle and Pedestrian Safety Grant. Staff distributed an amended 2013-2018 plan for Council consideration that included the following projects: • Traffic signal modifications on S. 320 Street between SR99 and Interstate 5; • Traffic signal modifications on SR99 between S. 320 Street and S. 330 Street; • Asphalt overlay on S. 320 Street between 11 Ptace S. and Interstate 5; and • School Zone and walkway improvements on 25 Drive S. at Star Lake Road. These projects were not included in the plan that was presented to the Land Use Transportation Committee on July 2, 2012. Mayor Priest called for public comment. No public comments were received. MOTION: Councilmember Celski moved approval of the resolution adopting the 2013-2018 City of Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan as presented. Councilmember Duclos second. VOTE: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilrnember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. Resolution 12-622 Mayor Priest declared the public hearing closed at 8:07 pm. 7. ORDINANCES First Reading: a. CB # 606: Amend Federal Way Revised Code Title 2 to Create the Communitv Development Block Grant Loan Review Advisory Committee An ordinance of the City of Federal Way, Washington, relating to the Community Development Block Grant (CDBG) Loan Review Advisory Committee, adding a new Chapter to Title 2 FWRC Government. Community and Economic Development Director Patrick Doherty reported staff has provided a draft ordinance for Council consideration regarding the Community Development Block Grant Loan Review Advisory Committee. The city has the micro- enterprise loan program, the small business loan program and the commercial exterior rehab program. These programs offer loans to small businesses via CDBG monies. Mr. Doherty reviewed some of the requirements associated with each loan. The Commuriity Development Grant Loan Review Advisory Committee will review the loan applications and make recommendations to the Council. City Clerk McNeilly read the ordinance title into the record. City Council Minutes — July 3, 2012 Regular Meeting Page 4 of 6 MOTION: Councilmember Duclos moved to forward the ordinance to the July 17, 2012 City Council meeting for second reading and enactment. Councilmember Freeman second. VOTE: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. 8. COUNCIL REPORTS Councilmember Burbidge wished everyone a safe and enjoyable 4 of July. Councilmember Kochmar shared the importance of the Declaration of Independence and the greatness of America. Councilmember Honda reported she attended the AWC Conference and reviewed the workshops she attended. She shared Isaac Wanie's story, including the barriers he has overcome. Soon he will be leaving Federal Way to serve in the Air Force. Lastly she noted the next PRHSPS Meeting will be June 30 Councilmember Celski reported the next LUTC meeting will be on August 6 He attended the AmeriCorps Summer-Fest event, the Advancing Leadership graduation event, and the Olympic Diving Trials at the King County Aquatic Center. Councilmember Freernan stated the importance of having clean, healthy events for young people to participate in. August 3-5� National Skating Clubs will be competing at Pattison's West Skating Rink. Councilmember Duclos spoke to the numerous opportunities provided to individuals in this Country. She urged individuals to keep pets indoors during the 4 of July. Deputy Mayor Ferrell wished everyone a happy and safe 4'" of July. 9. MAYOR'S REPORT Mayor Priest had no report. 1D. EXECUTIVE SESSION D�+#en4i�l I i4i�v.++i�r� D� �re.� �.+n+ #� O(�\A/ A7 '2!1 1 1!1/'1 \/i\ The Council did not adjourn to executive session. City Council Minutes — July 3, 2012 Regular Meeting Page S of 6 11. ADJOURNMENT Mayor Priest adjourned the meeting at 8:34 pm. Attest: Caroi McNeilly, CMC, City Clerk Approved by Council: Ciry Council Minutes — July 3, 2012 Regular Meeting Page 6 of 6 COLTNCIL MEETING DATE: July 17, 2012 SUB,IECT: S 344`�' Way @ Weyerhaeuser Way S Intersection Improvements —100% Design Status Report POLICY QUESTION Should the Council direct staff not to move forward with the S 344�' Way @ Weyerhaeuser Way S Intersection Improvements Project and return to the Council when funding becomes available for further reports and authorization? CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:� COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ■ ■ Ordinance Resolution MEETING DATE: July 2, 2012 ❑ Public Hearing ❑ Other STAFF REPORT BY: John Mulkey P.. E., Street S�stems Project Enpineer 7�' DEPT: Public Works ______ ____ _ Attachments: Land Use and Transportation Committee memorandum dated July 2, 2012. Options Considered: 1. Direct staff not to move forward with property acquisition and construction of the S 344�' Way @ Weyerhaeuser Way S Intersection Improvements Project, and return to the LUTC Committee when additional project funding becomes available for further reports and authorization. 2. Direct staff to acquire the necessary property and not move forward with the project. 3. Provide further direction to staff. MAYOR'S RECOMMENDATION Mayor recommends forwarding Option 1 to the July 17 Z012 City Council Consent Agenda for approval. MAYOR APPROVAL: �f � _ r�Q�� DIRECTOR APPROVAL: � �� n7ir�ttee f Counc;l Committee Council COMMITTEE RECOMME1�mATION: Forward Option 1 to the July 17, 2012 City Council Consent Agenda for approval. ` -�./ " _ � � � — �( CL�SecL _ ' ;�� Bob Celski, Chair Jeanne Burbidge, Member ' Susan Honda, Member PROPOSED COUNCIL MOTION: " I move to direct staff not to move forward with properry acquisition and construction of the S 344` Way @ Weyerhaeuser Way S Intersection Improvements Project, and return to the L UTC Committee when additional project funding becomes available for furth reports and authorization. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFlCE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED lsr reading ❑ TABLED/DEFERRED/NO ACfION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: July 2, 2012 Land Use and Transportation Committee VIA: Skip Priest, Mayor ,,,^ FROM• Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management��7/�' \ ' John Mulkey, P.E., Street Systems Project Engineer �j'�.�� SUBJECT• S 344"' Way @ Weyerhaeuser Way S Intersection Improvements — 100% Design Status ' Report BACKGROUND This project will construct a two-lane roundabout at this intersection. The purpose of the project is to improve traffic safety and capacity and reduce accidents by eliminating conflicts. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is 100% complete. Tasks Not Completed: • Right of Way acquisition and/or dedication agreement for partial take on two parcels. PROJECT ESTIlVIATED EXPENDITURES: Design ROW Acquisition 2012 Construction Cost 10% Construction Contingency C onstruction Management TOTAL PROJECT COSTS AVAILABLE FUNDING: Budgeted City Funds Mitigation Interest Earning TOTAL AVAILABLE BUDGET $ 269,000 40,000 1,200,000 120,000 120,000 $1,749,000 $1,034,000 0 0 $1,034,000 At this time the project budget has a funding shortfall of $715,000 for construction of the project. Right of way acquisition was not attained due to a property owner (Weyerhaeuser) objection to the timing of the project. Staff is seeking to shelve the project until such time as additional funds become available for construction and/or private development required to complete the project, at which time staff will pursue the needed acquisition of Right of Way. COUNCIL MEETING DATE: July 17, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�� SUSJECT: 10�' Avenue SW at SW Campus Drive Intersection Improvements —100% Design Status Report POLICY QUESTION Should the Council direct staff not to move forward with the 10`�' Avenue SW at SW Campus Drive Intersection Improvements Project and return to the Council when funding becomes available for further reports and authorization? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ Ordinance ME�TING DATE: July 2, 2012 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulke , P. E., Street Systems Project En ineer'f �'� _,DEPT: Public Works _._ ............._......_........................................_............._..................................�' ............................................................._....... � .. _ .. _......................._............_......_._....._�..._........_......._......_........___.....__._...._..__..._.. Attachments: Land Use and Transportation Committee memorandum dated July 2, 2012 Options Considered: 1. Direct staff not to move forward with property acquisirion and construction of the 10`�' Avenue SW at SW Campus Drive Intersection Improvements Project, and return to the LUTC Committee when additional project funding becomes available for further reports and authorizarion. 2. Direct staff to acquire the necessary property and not move forward with the project. 3. Provide further direction to staff. MAYOR'S RECOMMENDATION Mayor recommends forwarding Option 1 to the July 17, 2012 City Council Consent Agenda for approval. MAYOR APPROVAL: ��`�� DIRECTOR APPROVAL: ��'`� ` 'tte Counc ortunittee Council COMMITTEE RECOMMENDATION Forward Option 1 to the 7uly 17, 2012 City Council Consent Agenda for approvaL r � � - ..� - � -- e�cz - � ��. L` �- ob Celski, Chair � Jeanne Burbidge, Member Susan Honda, Member PROPOSED COUNCIL MOTION "I move to direct staff not to move forward with property acquisition and construction of the 10` Avenue SW at SW Campus Drive Intersection Improvements Project, and return to the LUTC Committee when additional project funding becomes available for further reports and authorization. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REV ISED — 02/O6/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: July 2, 2012 Land Use and Transportation Committee Skip Priest, Mayor Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Manageme�� John Mulkey, P.E., Street Systems Project Engineer '��'� 10`" Avenue SW at SW Campus Drive Intersection Improvements —100% Design Status Report BACKGROUND This project will construct a 300-foot long right-turn lane on southbound 10�' Avenue SW approaching the intersection of SW Campus Drive. Additional work will include utility relocation, storm drainage, paving, curb, gutter, sidewalk, street lighting, traffic signal modifications, signing, channelization and landscaping. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is 100% complete. Tasks Not Completed: • Right of Way acquisition and/or dedication agreement for one partial take within the project limits PROJECT ESTIMATED EXPENDITURES: Design ROW Acquisition 2012 Construction Cost 10% Construction Contingency Construction Management TOTAL PROJECT COSTS AVAILABLE FUNDING: Budgeted City Funds Mitigation Interest Earning TOTAL AVAILABLE BUDGET $145,400 64,000 750,000 75,000 93,750 $1,128,550 0.00 $183,000 26,700 $ 209,700 This project has funding for Design and right of way acquisition only thru available project mitigation and interest funding; no construction funding is budgeted at this time. Right of Way acquisition was not attained due to lack of response form the property owner. Staff is seeking to shelve the project until such time as additional funds become available for construction, at which time staff will pursue the acquisition of Right of Way and the start of the construction phase. COLTNCIL MEETING DATE: July 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBdECT: Washington State Department of Transportation — City Safety Grants Acceptance POLICY QUESTION Should City Council authorize staff to accept grant funding for three grants to improve safety at signalized intersections? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ Ordinance ❑ City Council Business STAFF REPORT BY: Rick Perez, P.E., City Traffic Attachments: Land Use and Transportation Committee memorandum dated July 02, 2012. Options Considered: l. Authorize staff to accept the grant funding under the Washington State Department of Transportation City Safety Program for safety improvements within the City of Federal Way. 2. Do not accept the grant funding under the Washington State Department of Transportation City Safety Program for safety improvements within the City of Federal Way. MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the July 17 2012 City Council Consent Agenda for approval. MAYOR APPROVAL: _��_ (!�2��`��" DIRECTOR APPROVAL: � L� n,.P r,.��.,�fiT Comrtutt Council Resolution ITEM #: MEETING DATE: 7uly 02, 2012 ❑ Public Hearing ❑ Other DEP'r: Public Works COMMITTEE RECOMMENDATION: Forward Option 1 to the July 17, 2012 City Council Consent Agenda for approval. �� 1 .k , �:.��►. -� :.� - ��l�.CetSec� - Jeanne Burbidge, Member �� Susan Honda, Member PROPOSED COUNCIL MOTION "I move to authorize staff to accept the grant funding under the Washington State Department of Transportation City Safety Program for safety improvements within the City of Federal Way. " (BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED isT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READINC (ordinances only) ORDINANCE # REVISED — 08/ 12/2010 RESOLUT[ON # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: July 02, 2011 Land Use and Transportation Committee Skip Priest, Mayor ��,,� Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management�/vY� � Rick Perez, P. E., City Traffic Engineer WSDOT City Safety Grants Acceptance BACKGROUND: This memorandum provides the Council with the current status of the Washington State Department of Transportation City Safety grant applications submitted in October 2011 as well as anticipated matching funds. The WSDOT has approved three of the four applications which were submitted per City Council authorization at the October 18, 2011 City Council meeting. Funding Agency Project Title Estimated Grant City Project Cost Fund Match Washington State Department of Transportation • SR 99 — S 320�' St to S 330 St $174,000 $174,000 $0 Washington State Department of Transportation $258,600 $258,600 $0 • S 320` St — SR 99 to I-5 Washington State Department of Transportation $350,000 $350,000 $0 • Citywide Safety Improvements The projects consist of conversions to flashing yellow arrow displays, installation of reflective backplates, installation of overhead lane use control signs over drop lanes, and installation of programmed visibility heads where driver confusion has been observed. For the Citywide grant, these improvements would be installed based on a ranking of collision severity rates at intersections until funding is fully used. cc: Pmject File Day File RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, authorizing execution of Local Agency Agreement with Washington State Department of Transportation regarding improvement of the 2012 City Safety Program in the city of Federal Way, Washington. . . . WHEREAS, the City of Federal Way applied for severa12012 City Safety Program grants from the Washington State Department of Transportation for the purpose of design and construction of Safety Improvements Projects within the City; and WHEREAS, the Washington State Department of Transportation agrees to grant the City of Federal Way estimated federal funds in three separate grants in the total amount of Seven Hundred Eighty-Two Thousand Six Hundred and no/100 Dollars ($782,600) provided that the City Council authorizes the Mayor to enter into the Local Agency Agreements; and WHEREAS, by accepting said grant the City of Federal Way agrees to execute the Local Agency Agreements; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Execution of Acce�tance of the Local Ag�cy AQreement. TheMayarorhis designee is hereby authorized to execute the Local Agency Agreements regarding improvements identified in the 2012 City Safety Program in the city of Federal Way. Resolution No. 12- Page 1 of 3 Rev 1/10 Section 2. Receipt of Federal Funds. The Mayor or his designee is hereby authorized to receive the state and federal funds estimated to be Seven Hundred Eighty-Two Thousand Six Hundred and 00/100 Dollars ($782,600). Section 3. Matching Funds. Pursuant to the terms of the Local Agency Agreement, the City is not required to commit matching funds. Section 4. Severabilitv. If any section, sentence, clause or phrase of this resolution 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 resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolution No. 12- Page 2 of 3 Rev 1/10 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of July, 2012 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: RESOLUTION NO.: Resolution No. 12- Page 3 of 3 Rev 1/10 COUNCIL MEETING DATE: July 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�a SUBJECT: APPOINTMENT TO THE HUMAN SERVICES COMMISSION POLICY QUESTION Should the City Council make an appointment to the Human Services Commission? COMMITTEE N/A CATEGORY: ❑ Consent � City Council Business ❑ Ordinance ❑ Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeilly City Clerk DEPT Human Resources --....__............_.....�.__ ..................._..._...................__...................._................__.._....---.._._._. � .. _..._..._...._....._._..................................._............._...................._........_..............._�__...._...----................_......_......_..._.__..._..__..........�.................._.._.._.......----............_.. Background: The Human Services Commission is comprised of nine voting members that serve three-year terms. Currently there are two vacant voting positions available for appointment, due to member resignations. One position has a term of January 31, 2013 and the other a term of January 31, 2015. Alternate member Michael Capenos is seeking appointment as a voting member. In accordance with the Council Rules of Procedure state when a vacancy occurs, the Council will appoint a member to fill the remainder of the un-expired term. The City Clerk will continue the recruitment process to fill the remaining voting position. Options Considered: 1. Appoint Michael Capenos as a voting member to fill the remainder of an un-expired term of January 3 l, 2015. 2. Direct staffto advertise for additional applicants for the Human Services Commission. MAYOR'S RECOMMENDATION N/A MAYOR APPROVAL N/A N/A DIRECTOR APPROVAL N/A ��12 Committee Council Committee Council COMMITTEE RECOMMENDATION N/A. PROPOSED CUUNCIL MOTION "I move approval of option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # COLTNCIL MEETING DATE: July 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�Qb SUBdECT: Mark Twain Elementary School Safe Routes to School Project— Bid Award POLICY QUESTION Should the Council award the Mark Twain Elementary School Safe Routes to School Project to the lowest responsive, responsible bidder? COMMITTEE: None CATEGORY: ❑ Consent � City Council Business STAFF REPORT BY: John M Attachments: 1. 2. ❑ Ordinance ❑ Resolution P. E., Street Svstems Proiect MEETING DATE: ❑ Public Hearing Other DEPT Public Works Council Memorandum dated July 17, 2012. Mark Twain Elementary School Safe Routes to School Project Bid Tabulation ions Considered: _............_ ..................................................................................................................................................................................................................................................._..........................................................................-------..��_---- -----......�.............�.............---- l. Award the Mark Twain Elementary School Safe Routes to School Project to NPM Construction Co., the lowest responsive, responsible bidder, in the amount of $250,675.00 and approve a 10% contingency of $25,068.00, for a total of $275,743.00, and authorize the Mayor to execute the contract. 2. Reject all bids for the Mark Twain Elementary School Safe Routes to School Project and direct staff to rebid the project and return to Council for further action. 3. Do not award the Mark Twain Elementary School Safe Routes to School Project to the lowest responsive, responsible bidder and provide direction to staff. MAYOR'S RECOMMENDATION Mayor recommends app roval of Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: �� Committee Council Comm�ttee Council COMMITTEE RECOMMENDATION: Bob Celski, Chair Jeanne Burbidge, Member Susan Honda, Member PROPOSED COUNCIL MOTION "I move to award the Mark Twain Elementary School Safe Routes to School Project to NPM Construction Co., the lowest responsive, responsible bidder, in the amount of $250,675.00 and approve a 10% contingency of $25, 068. 00, for a total of $2 �S, 743.00, and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 17, 2012 TO: City Council VIA: Skip Priest, Mayor FROM• Cary M. Roe, P.E., Director of Parks, Public Works Emer en�� anagemen�i►''` \ ' John Mulkey, P. E., Street Systems Project Enginee�� SUBJECT: Mark Twain Elementa School Safe Routes to School Pro ect — Bid Award �Y BACKGROUND Three (3) bids were received and opened on July 9, 2012, for the Mark Twain Elementary School Safe Routes to School Project. See attached Bid Tabulation Summary. The lowest responsive, responsible bidder is NPM Construction Co. with a total bid of $250,675.00. Reference checks on NPM Construction Co. by City staff indicate that the contractor has performed similar work. As a result, City staff believes NPM Construction Co. can successfully complete this project to the City's satisfaction. Therefore, the lowest responsive, responsible bidder is NPM Construction Co. in the amount of $250,675.00. PROJECT ESTIMATED EXPENDITURES: Design $94,761.00 Low Bid $250,675.00 10% Construction Contingency . $25,068.00 Construction Management (City Staf fl 0 TOTAL PROJECT COSTS $370,504.00 AVAILABLE FUNDING: Budgeted City Fund $0.00 Safe Route to School Grant 386,057.00 TOTAL AVAILABLE BUDGET $386 ,057.00 PROJECT BUDGET BALANCE $15 PROJECT SCHEDULE: With Council approval to award the project, the Contractor should be able to start construction on July 30 and complete work on the school property by August 31. The remainder of the work outside of the school property should be completed in early September except for the Rectangular Rapid Flashing Beacon (RRFB) assemblies and the School Zone flashing Beacon assembly, which have 8 to 12 week delivery schedules. It is expected these would be delivered and installed in October to complete the work. Mark Twain Elementary School Safe Routes to School Project Bid Tabulation RFB No. 12•102 BID OPENING DATE July 9, 2012 Vendor Name ---> Location ----------> Item Description of Item No. Signature entlum AcknawleAged Bond Unit nnatn emor on rtem Entered $5,460.00 S�ould be $5,880.00 Global Contractoro, LLC Puyallup, WA Price Total $5,000.00 $S,OC $5,000.00 $S,OC $1,000.00 $1,OC $500.00 $SC $20,000.00 $20,OC $3,500.00 $3,SC $20,000.00 $20,OC $80.00 $8C $7.00 $1,33 $4.00 $t,6C $1,000.00 $1,OC $40.00 $17,2G $30.00 $3a $30.00 $8,40 $45.00 �$5,62 $7.00 $2,24 $40.00 $5,20 $215.00 $9,67 $50.00 $4,25 $70.00 �$2,03 $800.00 $2,40 $165.00 $49 $500.00 $50 $3,000.00 $3,00 $5,000.00 $5,00 $2.00 $1,80 $200.00 $60 $2,500.00 $2,50 $1,OOO.W $1,00 $0.63 $49 $60.00 $6fi $7.00 $2,31 $3.00 $60 $30.00 $2,34 $30.00 $2,01 $20.00 $3,00 $20.00 $1,60 $20.00 $1,60 $2.00 $1,40 $2,500.00 $2,50 $30.00 $10,80 $ao.00 $�;sa $30.00 $1,35 $23.00 $7,24 $36.00 $22,14 $45.00 $67 $1,200.00 $2,40 $7,200.00 $3,60 $1,200.00 $1,20 $1,200.00 $3,60 $1,200.00 $1,20 $40.00 $2,40 $12 $12,50 $24,000.00 $24,00 $5,000.00 $5,00 s�o.00 sso $a.00 aa,00 $100.00 $'1,10 $3.00 $2,10 $5,000.00 $5,00 YES YES YES Math error on item Entered $500.00 Should be $497.70 Bid 9 Weslwater Consirudion Co Engineers Estimate Au�urn, WA Price Total Price ToWI $5,000.00 $5,000.00 $5,000.00 $5,( $5,000.00 $5,000.00 $10,000.00 $10,( $1,000.00 $1,000.00 $2,000.00 $2,( $500.00 $500.00 $800.00 $E $30,000.00 $30,000.00 $20,000.00 $20,( $15,000.00 $15,000.00 $15,000.00 $75,( 513,000.00 $13,000.00 $30,000.00 $30,( $105.00 $1,050.00 $20.00 5: $10.00 $1.900.00 $8.00 $t.: $5.00 $2,000.00 $3.00 $1,: $1,100.00 $1,100.00 $2,000.00 $2,C $45.00 819,350.00 $20.00 $B,f $45.00 $450.00 �$25.00 $: $30.00 $8,400.00 $25.00 $7,f $40.00 85,000.00 $18.00 $2,4 $1.00 $320.00 $2.00 $E $25.00 $3,250.00 $30.00 $3,£ $350.00 $15,750.00 $125.00 $5,E $75.00 $6,375.00 $35.00 $2,£ . $200.00 $5,800.00 $70.00 $2,f $500.00 $7,500.00 $1,000.00 $3,C $250.00 $750.00 $350.00 $1,C $450.00 $450.00 $500.00 $: $6,000.00 $6,000.00 $3,000.00 $3,C �$15,000.00 $15,000.00 $9,700.00 $9,7 $5.00 $4,500.00 $7.00 $5 $250.00 $750.00 � $200.00 $E $2.500.00 $2,500.00 $2,500.00 52,! $500.00 $500.00 $800.00 $A $1.00 $790.00 $4.00 $3.7 $50.00 $550.00 $60.00 $fi $5.00 $1,650.00 $5.00 $1,E $10.00 $2,000.00 $4.00 $8 $65.00 $5,070.00 $35.00 $2,7 $125.00 $8,375.00 $50.00 $3,3 $25.00 $3,750.00 $20.00 $3,C $15.00 $1,200.00 $9.00 $7 $15.00 $1,200.00 $9.00 $7 $2.00 $7,400.00 $1.50 $t,C $2,500.00 $2,500.00 $2,500.00 $2,5 $35.00 $12,600.00 $20.00 $7,2 s2o.00 saoo.00 szo.00 se $30.00 $1,350.00 $15.00 $6 $25.00 $7,875.00 $25.00 $7,8 $60.00 $36.900.00 $40.00 $24.6 $65.00 $975.00 $40.00 $fi $1,000.00 $2,000.00 $1,200.00 $2,4 $1,000.00 $3,000.00 $1,200.00 $3,fi $1,000.00 . $1,000.00 $1,200.00 $1,2 $1,000.00 $3,000.00 $1,400.00 $4,2 $1,000.00 $1,000.00 �$1,500.00 $1,5 $50.00 $3,000.00 58.00 � $4 $12,000.00 $12,000.00 $6,800.00 $6,8 $24,000.00 $24,000.00 $17,500.00 $17,5 $5,000.00 �$5,000.00 $2,800.00 $2,8 $10.00 $500.00 $2.50 $i sz.00 $z,000.00 sa.00 sa,o $10.00 $110.00 $35.00 $3 $1.00 $700.00 $1.50 $1,0 $5,000.00 $5,000.00 $5,000.00 $5,0 YES VES YES COUNCIL MEETING DATE: July 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SU�JECT: CANCELLATION OF AUGUST 21, 2012 CITY COUNCIL REGULAR MEETING POLICY QUESTION Should the City Council suspend the Council Rules of Procedure and cancel the August 21, 2012 Regular Meeting? COMMITTEE: N/A CATEGORY: ❑ Consent � City Council Business MEETING DATE: N/A ❑ Public Hearing ❑ Other ❑ Ordinance ❑ Resolution STAFF REPORT BY: Carol McNeilly, City C1erk DEPT Human Resources _._� .......................�........_........__..................................................._......................................................................................................__................_....................................._....._............................................................. _.................................._...._......................_........_...._......_......_....._.....................:.......__.._....-�--- Background: Historically the City Co�ncil has cancelled the second Regular Meeting in August to allow for summer vacations for Councilmembers and staff. Section 2.1 of the Council Rules of Procedure states the City Council will conduct Regular Meetings the first and third Tuesday of each month. Section 24.1 of the Council Rules of Procedure states any provision of the rules not governed by law or ordinance, may be suspended by a two-thirds (2/3) vote of the Council. Options Considered: 1. Cancel the August 21, 2012 Regular Meeting 2. Conduct the August 21, 2012 Regular Meeting MAYORS RECOMMENDATION N/A � � MAYORS APPROVAL N/A i_ DIRECTOR APPROVAL N/A Committee Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION "I move to suspend the Council Rules of Procedure for the purpose of cancelling the August 21, 2012 City Council Regular Meeting. " (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 # COUNCIL MEETING DATE: July 17, 2012 ITEM #:�_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMEND FEDERAL WAY REVISED CODE (FWRC) TITLE 6, "PUBLIC SAFETY AND WELFARE" POLICY QUESTION Should the City Council approve and adopt the proposed ordinance amending Title 6 of the FWRC to include references to state law regarding four different misdemeanors? COMMITTEE N/A CATEGORY: � Consent ❑ City Council Business � Ordinance ❑ Resolution MEETING DATE N/A � Public Hearing ❑ Other STAFF REPORT BY: Patricia Richardson Ci Attorne DEPT Law _.._....____-___.......�...........�.....-------..__............_ ..............._........._...........------ �--..._..t�'.................__..�..__.......Y _. . _......-----�..�.....____-___------- Attachments: Proposed ordinance amending FWRC Title 6, "Public Safety and Welfare." Background: The state legislature in its most recent session passed three separate bills that either created or amended laws affecting misdemeanors in the State of Washington. SB 6386 creates the new RCW 74.08.580, which makes the unauthorized possession or control of electronic benefit cards a gross misdemeanor. HB 2301 amends Chapter 67.08 RCW to include regulations for mixed martial arts, and RCW 67.08.150 states that any violation of Chapter 67.08 RCW is a misdemeanor. HB 2565 adds two new gross misdemeanors to RCW 82.24.110 regarding roll-your-own cigarette machines at retail establishments. The Federal Way Revise Code adopts criminal statutes by reference to the State Law as codified in the Revised Code of Washington. Staff recommends amending FWRC 6.40.010 to include the reference to RCW 74.08.580, amending Chapter 6.55 FWRC to include a new section to address bo�cing, mixed martial arts, and wrestling enforcement, and amending Chapter 6.75 FWRC to add a new section to address enforcement of tax on cigarettes. Options Considered: 1. Approve the proposed ordinance amending FWRC Title 6, "Public Safety and Welfare," to include reference to these four misdemeanors. 2. Modify the proposed ordinance amending FWRC Title 6, Public Safety and Welfare. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAi.: �� e/v� DIRECTOR APPROVAL: __ f� Committee Coun�c I Committee Council COMMITTEE RECOMMENDATION I move to forward the proposed ordinance to First Reading at the July 17, 2012City Council meeting. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (JULY 17} "I move to forward approval of the ordinance to the August 7, 2012 Council Meeting for adoption. " 2 R EADING OF ORDINANCE (AUGUST 7) "I move approval of the proposed ordinance amending Title 6, Public Safety and Welfare. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROYED � DEPiIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECQND READING (ordinances only) REV ISED — 08/12/20I0 COUNCIL BILL # 1 reAding Enactment readi� ORDINANCE # RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to public safety; amending Federal Way Revised Code 6.40.010, "Frauds and Swindles," adding a new section to Chapter 6.55 FWRC, "Pu61ic Peace," and adding a new section to Chapter 6.75 FWRC, "Miscellaneous Crimes and Offenses." (Amending Ord. Nos. 91-89, 95- 254, 00-374. 04-458, 04-463 and 09-601) WHEREAS, the state legislature in the 2011 - 2012 session passed three separate bills that either created or amended laws affecting misdemeanors in the State of Washington; and WHEREAS, the Federal Way Revise Code ("FWRC") adopts criminal statutes by reference to the State Law as codified in the Revised Code of Washington ("RCW'); and WHEREAS, SB 6386 creates the new RCW 74.08.580, which makes the unauthorized possession or control of electronic benefit cards a gross misdemeanor; and WHEREAS, HB 2301 amends Chapter 67.08 RCW to include regulations for mixed martial arts, and RCW 67.08.150 states that any violation of Chapter 67.08 RCW is a misdemeanor; and WHEREAS, HB 2565 adds two new gross misdemeanors to RCW 82.24.110 regarding roll- your-own cigarette machines at retail establishments; and WHEREAS, the Federal Way Revised Code does not currently reference RCW 74.08.580, RCW 67.08.150 or RCW 82.24.110; and WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to incorporate the State Law into the FWRC, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, VVASHINGTON, DOES ORDAIN AS FOLLOWS: Ordinance No. 12- Page 1 of 4 Rev 1/10 Section 1. FWRC 6.40.010 is hereby amended as follows: 6.40.010 Frauds and swindies. TF�e following state statutes are adopted by reference: RCW 9.04.010 Fatse advertising. 9.12.010 Barratry. 9.12A20 Buying, demanding, or promising reward by district judge or deputy. 926A.120 Fraud in operating coirFbox telephone or other receptacle. 9.26A.130 Penalty for manufacture or sale of slugs to be used for con. 9.45.060 Encumbered, leased or rented personal property. 9.45.070 Mock auctions. 9.45.080 Fraudulent removal of property. 9.45.090 Knowingly receiving fraudulent conveyance. 9.45.100 Fraud in assignment for benefit of creditors. 9.60.010 Definitions. 9A.56.330 Possession of another's identification. 9A.60.040 Criminal impersonation in the first degree. 9A.60.045 Griminal impersonation in the second degree. 9A.60.050 False certification. 74.08.331 Unlawful practices — Obtaining assistance — Disposal of realty — Penalties. 74.08.580 Electronic benefit cards — Prohibited uses — Violations. Section 2. The Sections list of Chapter 6.55 FWRC, "Public Peace," is hereby amended as follows: Chapter 6.55 PUBLIC PEACE Sectians: 6.55.010 Disorderly conduct. 8.55.020 Riot — Failure to disperse — Obstruction. 6.55.025 Enforcement of Boxinct, Martial Arts, and Wrestlinq. 6.55.030 Privacy, violating right of. 6.55.Q40 Libel and slander. 6.55.050 Malicious prosecution — Abuse of process. 6.55.055 Disorderly conduct in a park. Section 3. A new section 6.55.025 is hereby adopted as follows: 6.55.025 Enforcement of Boxina. Martial Arts, and Wrestlin4 The followina state statutes are adopted by reference: RCW 67.08.002 Definitions. 67.08.015 Duties of Department — Exemptions — Rules. 67.08.080 Rounds and bouts limited — Wei ng t of _gloves — Rules. 67.08.11 � Unprofessional conduct — sham or fake event. 67.08.140 Penalty for conductinq events without license— Penaltv. 67.08.150 General penaltv. Ordinance No. 12- Page 2 of 4 Rev 1/10 Section 4. The Sections list of Chapter 6.75 FWRC, "Miscellaneous Crimes and Offenses," is hereby amended as follows: Chapter 6.75 MISCELLANEOUS CRIMES AND OFFENSES Sections: 6.75.010 Conduct prohibited. 6.75.020 Littering and pollution. 6.75.030 Injury to animals. 6.75.Q40 Wounding or trapping of animals. 6.75.050 Throwing objects at moving vehicles. 6.75.060 Juries, crimes relating ta 6.75.070 Duty of witnesses. 6.75.080 tnterFerence with health care facilities or providers. 6.75.090 Practice of law. 6.75.100 Enforcement of tax on tobacco products. 6.75.110 Enforcement of tax on cigarettes. Section 5. A new section 6.75.110 is hereby adopted as follows: 6.75.110 Enforcement of tax on ciqarettes. The foliowinq state statutes are adopted by reference: RCW 82.24.010 Definitions. 82.24.030 Stamps. 82.24.035 Circumstances when no stamp may be affixed— Violation of consumer protection act. 82.24.040 Dutv of Wholesaler. 82.24.050 Retailer — Possession of unstamped cictarettes. 82.24.060 Stamps — How a�xed. 82.24.090 Records — Preservation — Reports. 82.24.110 Other offenses — Penalties. 82.24.130 Seizure and forfeiture. 82.24.135 Forfeiture procedure. Section 6. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reasan, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more Ordinance No. 12- Page 3 of 4 Rev 1/10 sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical 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 ardinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this _ day of August 2012. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 12- Page 4 of 4 Rev l/10 COUNCIL MEETING DATE: � ��3 � ITEM #: �T � CITY OF F�DERAL WAY CITY COUNCIL AGENDA BILL 5USJEC'r: AMEND FEDERAL WAY REVISED CODE TITLE 2 TO CREATE THE COMMUNITY DEVELOPMENT BLOCK GRANT LOAN REVIEW ADVISORY COMMITTEE POLICY QUESTION Should the City Council formally create a citizen Advisory Committee that reviews and recommends small business CDBG loan decisions to the Council? COMMITTEE: Finance, Economic Development, Regional Affairs Committee MEETING DATE: June 26, 2012 CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: Jav Bennett � Ordinance ❑ Public Hearing ❑ Resolution ❑ Other DEPT: Community & Eco. Dev. Attachments: Proposed Ordinance amending Title 2 of the Federal Way Revised Code, creating the CDBG Loan Review Advisory Committee. Background: On June 5, 2012, the City Council approved the CDBG Commercial Loan and Commercial Exterior Improvement programs, together with their respective Policies and Procedures. Both of these programs are implemented with the initial review of all funding applications through an "ad-hoc Comxnittee" comprised of five members of the community. The proposed Ordinance amends Title 2 of the Federal Way Revised Code, by adding Chapter 2.57, thereby creating the CDBG Loan Review Advisory Committee, its composition, member terms and their role and responsibilities, I�e, �o.,,�w„-4�c S �e C �e.�(a-hu�.3 wi t� �o//aw -�l � �o ro�.c.ss sc-f- awl- Options: i � �v��-►1,c ;1 � � k o� � l�cV+� ?•�,� s.� . 1. Approve the proposed Ordinance to create the CDBG Loan Review Advisory Committee; or 2. Direct staff to modify the Ordinance, (which then may require further amendments to the Commercial Loan and Commercial Exterior Improvement Program adopted Policies and Procedures). MAYOR'S RECOMMENDATION: OPTioN No 1 MAYOR APPROVAL: DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on July 3 2012. � ^ Fx�� Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (JULY 3 , 2012): "I move to forward approval of the ordinance to the July 17, 2012 Council Meetingfor adoption. " 2 READING OF ORDINANCE (JULY 17 2012): `7 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: �� 0 APPROVED COUNCIL BILL # ❑ DENIED 1 reading �" � "� � ❑ TABLED/DEFERRED/NO ACfION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — O8/12/2010 RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the Community Development Block Grant (CDBG) Loan Review Advisory Committee, adding a new Chapter to Title 2 FWRC "Government" WHEREAS, the City of Federal Way Community Development Block Grant (CDBG) Consolidated Plan provided for funding of Small Business Development Programs through the City's Community Development Block Grant (CDBG) allocations and through the use of various loan products; and WHEREAS, the City Council finds it necessary and prudent to establish an Advisory Committee that carefully evaluates each loan application for funding from the City's CDBG programs and the surety of said loans, and makes recommendations to the Mayor and Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Chapter list of Title 2 of the Federal Way Revised Code is hereby amended to read as follows: Title 2 GOVERNMENT Chapters: Division I. Officials, Departments, and Employees 2.05 Government in General 2.07 Campaign Contributions Ordinance No. 12- Page 1 of S Rev 1/10 2.08 City Council 2.10 Mayor 2.11 Mayor's Office 2.12 Administrative Services Department 2.13 Community and Economic Development Department 2.17 Finance 2.19 Human Resources 2.21 Information Technology Deparhnent 2.23 Law Department 2.25 Police Department 2.27 Public Works/Parks, Recreation and Cultural Services Department 2.29 Municipal Court Division II. Boards, Committees, and Commissions 2.45 Civil Service Commission 2.50 Arts Commission 2.55 Human Services Commission 2.57 CDBG Loan Review Advisorv Committee 2.60 Youth Commission 2.65 Diversity Commission 2.70 Disability Board 2.75 Lodging Tax Advisory Committee 2.80 Independent Salary Coxnmission 2.85 Parks and Recreation Commission 2.90 Planning Commission 2.95 Hearing Examiner Section 2. A new Chapter is added to Title 2 of the Federal Way Revised Code to read as follows: Chapter 2.57 CDBG LOAN REVIEW ADVISORY COMMITTEE Sections: 2.57.010 Created. 2.57.020 Composition — Terms. 2.57.030 Or�anization and meetings. Ordinance No. 12- Page 2 of S Rev 1/10 2.57.040 Duties and responsibilities. 2.57.010 Created. The CDBG loan review advisory committee is herebv created. The committee shall serve in an advisory capacitv to the city council and mayor. 2.55.020 Comaosition — Terms. �1) The loan review advisory committee shall consist of five members appointed by the citv council who are qualified bv their experience and background to advise the mayor and citv council on economic development loan products and applications for loan funding. (2) The loan review advisorv committee shall serve without compensation. �3) Three members shall be initiallv appointed to a two-year term. Two members shall be initially appointed to three-year terms. Thereafter, each member shall serve a term of two years. The city council shall annually appoint new members to fill the expiring terms on the loan review advisory committee. If, for any reason, a vacancy occurs during the term of a loan review advisory committee member, the citv council shall appoint a new member to fill the unexpired term of that member. The city council may remove a loan review advisorv committee member at anv time if the citv council determines that the member is not fulfilling his or her responsibilities to the satisfaction of citv council. All members of the loan review advisorv committee shall serve until their successors, are dulYappointed bv city council. �4) Persons appointed to service on the loan review advisory committee shall reside or own a business within the corporate limits of the citv. 2.55.030 OrEanization and meetinES. The loan review advisory committee shall elect a chair and vice-chair from amon� voting members. Such officers shall hold office for one �ear. The mavor shall appoint appropriate staff to assist the loan review advisorv committee in the preparation of such reports and records as are necessarv for the proper operation of the commission. The loan review advisorv committee shall meet u�on call of the staff or chair, as necessary. A majoritv of the loan review advisory committee in attendance at a meeting, constituting a quorum, shall be required for official action. 2.57.040 Duties and responsibilities. The loan review advisor�committee shall make reports and recommendations to the citv council and ma,� The duties of the loan review advisorv committee are as follows: Ordinance No. 12- Page 3 of S Rev 1/10 �l) Understand the regulations, goals and objectives ovg erning the use of Community Development Block Grants funds. (2) Ensure that loan applications com�lv with CDBG program regulations, goals and ob�ectives. �3) Recommend approval or disapproval of the fundin� of each application brought before the committee. �4) Provide input and recommendations on prog�policv issues. (5) Disclose an�potential conflicts of interest. Section 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The city council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. T'his ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. Ordinance No. 12- Page 4 of S Rev 1/10 0 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.: Ordinance No. 12- Page S of S Rev 1/10