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Council PKT 09-18-2012 RegularCITY OF ,�... Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall September 18, 2012 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Proclarnation: Mesothelioma Awareness Day — September 26th ...page 3 b. Proclamation: Mayor's Day of Concern for the Hungry — September 22"d ...paqe a c. Proclarnation: Wild Waves 35th Anniversary...page 5 d. Port of Seattle — Century Agenda e. Certificates of Appointment: CDBG Loan Advisory Review Committee f. Certificates of Appointment: Human Services Commission g. Police Employee Recognition Awards h. Mayor's Emerging issues 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals or are otherwise inappropriate. 5. CONSENT AGENDA Items listed be/ow 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: September 4, 2012 Special and Regular Meetings...page 6 b. Emergency Management Grant...page ts c. Amendment for Roofing Services — Dumas Bay...page 47 6. COUNCIL BUSINESS a. Resolution: Establishing a Case Weighting System for Public Defense Standards .., page 48 b. General Liability Insurance...page 63 The Council may add items and take action on items not listed on the agenda. 7. ORDINANCES First Reading: a. CB 610: Amendina FWRC 2.05.170 and 2.05.180 Public Defense Standards ...page 67 An ordinance of the City of Federal Way, Washington, relating to Public Defense Standards; amending FWRC 2.05.170 and 2.05.180 Second Reading: b. CB 608: Amendment to FWRC Reqarding Residential Open Sqace Standards in the Citv Center and Citv Center Frame. ...page �� An ordinance of the City of Federal Way, Washington, relating to open space standards for multi-housing in the City Center-Core and City Center-Frame zoning districts; amending FWRC 19. 05.150, 19.100.070, 19.115. 19.225.070 and 19.230.060 c. CB 609: Tacoma Public Utilities (TPU) Water Franchise Aqreement ...page 120 An ordinance of the City of Federal Way, Washington, granting City of Tacoma Department of Public Utilities, Water Division, a Municipal Corporation and Public Utility selling and distributing water within King County, a nonexclusive franchise to occupy the rights-of-way of the City of Federal Way, Washington, through the franchise area for the purpose of constructing, maintaining, repairing, renewing and operating a transmission system and accessories within and through the City of Federal Way and addressing hydrant costs within City boundaries. 8. COUNCIL REPORTS 9. MAYOR'S 'REPORT 10. EXECUTIVE SESSION Collective Bargaining pursuant to RCW 42.30.140(4)(b) 11. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. „�.....``�►,, Federal Way PROCLAMA TION "Mesothelioma Awareness Day” W�IEREAS, mesothelioma is an aggressive, asbestos-related cancer that affects the linings of internal organs; and WPIEREAS, the heavy use of asbestos in the construction of virtually all office buildings, public schools, and homes built before 1975 as �vell as the manufacturing industry and construction has been recognized as "the worst occupational health ciisaster in U.S. history; and WHEREAS, exposure to asbestos for as little as one month can result in mesothelioma 30 years later including ��hich is now believed to include many of the firefighters, police of�"icers, and rescue worlcers from Ground Zero on 9/11/O1; and W�iEREAS, because of occupational, Navy-service related, house-hold, or even incidental exposures and the very long latency of the disease, tens of millions of Americans are now at risk for developing mesothelioma; and WHEREAS, for decades the need for research to develop effective treatments for mesothelioma was overlooked and the result of this neglect is that treatments available today generally have only limited ef�'ect resulting in fatality �vithin only 12 to 15 months from diagnosis; and WHEREAS, in 1999, the Mesothelioma Applied Research Foundation was formed to eradicate the life-ending and vicious ef%cts of inesothelioma, and early progress in developing effective treatments for the disease is now being made; and NOW THEREFORE, we, the City Council of the City of Federal Way do hereby proclaim that September 26, be hereby declared Mesothelioma Awareness Day in the City of Federal Way, and raise encourage public awareness of the disease and of the need to develop et�'ective treatments for it. SIGNED this 1 s"' day of Septefnber, 2012 FEDERAL WA Y CITY COUNCIL Skip Priest, Mayor Jeanne Burbidge, Councilmember Dini Duclos, Councilmember Susan Honda, Councilmember Jim Ferrell, Deputy Mayor Bob Celski, Councilmember Roger Freeman, Councilmember Linda Kochmar, Councilmember CITY OF �.�,,,,'`�....- F� d� ra I Way FROCLAMA TION `1Vlayor's Day of Concern for the Hungly" WHEREAS, we recognize adec�uate nutrition as a basic goal for each citizen; and WHEREAS, no parent should have to send a child to school hungry, no baby should be without the comfort of the feeclings needed for mentll and physical growth, no eldei-ly person's health should be jeopardized by lack of appropriate foods; and WHEREAS, the Multi-Service Center food bank, emergency and hot meal programs, local churches, social service agencies, and hundreds of volunteers are striving each day to stem the rising tide of hungei-; and WHEREAS, each Federal Way resident has the ability to impact hunger in their community through donations of food; and WHEREAS, the Emergency Feeding Progi-am of Seattle & King County coordinates an annual food drive to help support the efforts of their program and the area's food banks in fighting liunger which will be held at grocery stoi�es throughout King County on Saturday, September 22, 2012. NOW, THEREFORE, we, the undersigned Council memUers of the City of Federal Way, do hereby proclaim September 22, 2012 as "Mayor's Day of Concern for the Hungry" in the City of Federal Way, and strongly urge all citizens to join the Emergency Feeding Program and the 1Vlulti-Service Center to nourish those who are hungry. SIGNED this l8th day of September Qo 12. FEDERAL WA Y CITY COUNCIL Skip Priest, Mayor Jeanne Burbidge, Councilvnember Dini Duclos, Councilmember Jina Ferre!!, Depury Mayor Bob Celski, Counciln:ember Roger Fi•eeman, Councilmember Susan Honda, Councidmember Linda Kochmar, Councilmember CITY OF ,'�..� Fe c� e ra I Way PROCLAMA TION "Wild Waves 35th Anniversary" WHEREAS, Wild Waves is the largest theme parlt in the region, a destination water pai�k that draws tens of thousands of visitors to Federal Way each year, and: WHEREAS, Wild Waves was founeled in 1977 and has provided amusement rides and water activities to Federal way area residents for 35 years; and WHEREAS, Wild Waves is celebrating its 35t�' year of business in 2012, and W�IEREAS, Wild Waves is a valued member of the Federal Way community, supporfing charitable organizations and the growth of local economy; and NOW, THEREFORE, �ve, the undersigned Mayor .and City Council of the City of Federal Way, do hereby recognize VWild Waves for its many contributions to the local economy and the quality of life in Federal Way. SIGNED this 18'h day of Se�tembe�; 2012 FEDERAL WAY CITY COUNCIL Skip Priest, Mayor Jeanne Burbidge, Councilrnember Dini Duclos, Councilmember Jim Ferrell, Deputy Mayor Bob Celski, Councilmember Roger Freeman, Councilmember Susan Honda, Councilmember Linda ICochmar, Councilmember COUNCIL MEETING DATE: September 18, 2012 ITEM #^� a, 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 September 4, 2012 Special and Regular Meetings? COMMITTEE: N/�1 CATEGORY: � Consent ❑ City Council Business � ■ Ordinance Resolution STAFF REPORT BY: Carol McNeilly, City Clerk Attachments: Draft minutes from the September 4, 2012 Special and Regular Meetings. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MEETING DATE: N/fl ❑ Public Hearing ❑ Other DEPT: Human Resources STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY CLERIZ APPROVAL: N/fl � DIRECTOR APPROVAL: N/f1 N/A Committee Counc�l Committee Council COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: `7 MOVE APPROVAL oF THE MINUTES, AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLEIiKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # GITY OF � Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall September 4, 2012 5:30 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 5:30 pm. Elected officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Linda Kochmar, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, and Councilmember Dini Duclos. Councilmember Freeman arrived at 5:33 pm. City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2, COMMISSION/COMMITTEE 1NTERVIEWS • Communitv Development Block Grant Loan Advisorv Review Committee The Council interviewed four candidates seeking appointment to the Community Development Block Grant Loan Advisory Review Committee. • Human Services Commission The Councif interviewed two applicants seeking appointment to the Human Services Commission. 3. ADJOURNMENT Mayor Priest adjourned the meeting at 6:51 pm Attest: Carol McNeilly, CMC, City Cierk Approved by Council on: City Council Minutes — September 4, 2012 Special Meeting Page 1 of 1 CITY OF ,.� Federai Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall September 4, 2012 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:00 p.m. Elected officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Linda Kochmar, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Roger Freeman and Councilmember Dini Duclos. City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Dick Mayer led the Pledge of Allegiance. 3. PRESf NTATIONS a. Proclamation: National Recoverv Month Councilmember Celski read the proclamation into the record, declaring September 2012 as National Recovery Month in the City of Federal Way. He presented the proclarnation to King County representatives Geoff Miller and Pat Godfrey. Mr. Miller thanked the Council for recognizing the importance of this event. b. Proclamation: Constitution Dav — September 17, 2012 Deputy Mayor Ferrell read the proclamation into the record, declaring September 17, 2012 as Constitution Day in the City of Federal Way. He presented the proclamation to Pamela Champy from the Lakota Chapter of The Daughters of the American Revolution. Ms. Champy thanked the Council for the proclamation. c. Mavor's Emerqinq Issues Water Safetv Parks, Pubfic Works and Emergency Management Director Cary Roe provided an end of year report for Steel Lake Park. He extended his condolences to the family and friends of the two young men who lost their lives at the park. Mr. Roe reviewed the swimming season dates and hours when lifeguards staff the park. It is estimated that 10K swimmers visited the beach this last year. The dock at Steel Lake Park is evaluated for safety and structural integrity every five to seven years. The city also offers swim programs for children and teens as well as a lifejacket loaner program. Ciry Council Minutes — September 4, 2012 Regular Meeting Page 1 of 10 Siqn Rules and Requlations Mayor Priest stated that citizens have raised concerns regarding the rules and regulations for posting political, garage sale and various other signs. Community and Economic Development staff will be scheduling a meeting to address these questions. The meeting date will be announced once it has been scheduled. Biennial Budqet Dates Mayor Priest announced that he and the Council will be soliciting input on the biennial budget throughout the month of September. Groups and organizations are encouraged to contact the City to schedule time to receive information on the budget. There will be a Town Hall meeting focusing on the proposed budget at City Hall on September 27, 2012 starting at 8:30 pm. Finance Director Tho Kraus reviewed the dates that the proposed biennial budget will come before Council. 4. C1TIZEN COMMENT Mike Heinisch Executive Director of Kent Youth and Family Services spoke in support of the proposed Human Services General fund Grant recommendations. Mr. Heinisch provided a summary of the services that Kent Youth and Family Services provides to Federal Way residents. James Cox member of The Light of Christ Lutheran Church provided an update on their community garden project and thanked the Council for #he $1,500.00 Community Enhancement Grant that they received earlier this year. Reverend Marvin Eckfeldt with King County Sexual Assault Resource Center asked the Council to reconsider the proposed reduction in Human Services grant funding for their agency. The reduction will impact the number of clients they can provide services to. Manuela Ginnett Housing Director with the Multi-Service Center thanked the city for the ongoing support that they have provided them with over the years. Ms. Ginnett provided a brief summary of the programs offered and the number of individuals and families they have helped. Norma Blanchard spoke regarding the timeframe for collecting signatures for the initiative process; she asked that the 90-day timeframe be revoked. She would also like to see term limits enacted for City Councilmembers. She will be contacting Mayor Priest to schedule a meeting to discuss this item further. Douq Johnson with the Federal Way Community Care Giving Network spoke in support of the Human Services Commissions funding recommendations forthe 2013-2014 Human Services General Fund Grants. He spoke to the Care Giving Networks mission and the importance of keeping families in their homes. Kathv Powers Director of Services at Orion Industries noted that in the Human Services funding recommendations Orion is recommended for contingency funding. Ms. Powers reviewed the services that Orion provides and requested the Council consider approving Orion for Human Services General Grant funding. City Council Minutes — September 4, 2012 Regular Meeting Page 2 of 10 David Chunq Deputy Director of MSM (My Service Mind) stated their Human Services General Fund Grant request was not approved. He summarized the services that MSM provides and stated the Council's consideration on this matter is greatly appreciated. Tracv Oster and Brett Hulse with Federal Way Communities in Schools thanked the Council for their ongoing efforts to keep kids in school. Last year they were able to expand their services by placing an outreach coordinator at Federal Way High School. Ms. Oster provided information on their mentoring program and shared some feedback received from the students who participate in it. Brett Hulse, incoming Federal Way Communities in Schools Board Member thanked the Council for their support. James Tolbert, Program Manager with Catholic Community Services summarized the services their three locations provide to King County residents. So far this year they have assisted 24 Federal Way households. The majority of individuals they assist are at or below the 30% median income level. He shared information regarding increasing rental rates in the real estate market. Donald Barovic happily reported that he has not lost any chickens on his property to predators. He came to City Hall on August 21, 2012 to attend the City Council meeting and was surprised to learn that it had been cancelled. He suggested posting a notice on the door next time. Recently he met with Public Works staff to discuss the possibility of the City purchasing his property but it does not look like that is going to work out. Tim Burns expressed his concerns with all of the shootings that have been occurring nationwide. He inquired if Mayor Priest has signed on to the Mayor's Against Illegal Guns campaign. Dawn Winkes with Auburn Youth Resources stated they provide outreach services, mental health counseling, adotescent out-patient drug/alcohol treatment and other services. They are looking to expand their current service areas and last year expanded to Federal Way. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval. All items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: August 7, 2012 Special and Regular Meetings b. Vouchers — July 2012 c. Monthly Financial Report —.July 2012 d. 21 S' Ave. SW at SW 336th Street Intersection Improvements — 85% Design Status Report . . Use Excess Replacement Reserves to Replace 1992 Shuttle Bus Motion: Deputy Mayor Ferrell moved approval of items 5.a. through 5.f. Councilmember Duclos second. Councilmember Kochmar puled item 5e. Contract for State Lobbyist/Public Affairs from the consent agenda. City Councid Minutes — September 4, 2012 Regular Meeting Page 3 of 10 6. Vote: On items 5a, 5b, 5c, 5d and 5f. 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. 5e. Contract for State LobbvisUPublic Affairs Councilmember Kochmar and Councilmember Freeman stated they wish to recuse themselves from Voting on this item. Motion: Councilmember Duclos moved to approve the item. Councilmember Celski second. Vote: Deputy Mayor Ferretl Councilmember Kochmar Councilmember Nonda Councilmember Burbidge Councilmember Celski Councilmember freeman Councilmember Duclos Motion carried 5-0. PUBLIC HEARINGS Yes Recused Yes Yes Yes Recused Yes Mayor Priest reviewed the procedures for the public hearings. The first hearing is limited to site-specific requests, and the question before Council is whether the requests should move #orward to the Planning Commission for further consideration. The second public hearing is limited to a requested modification of the Federal Way Revised Code (FWRC) regarding zoning. The question before Council is whether the requested modification should move forward to the Planning Commission for further consideration. a. Site Specific Selection Process — 2012 Comprehensive Plan Amendments . Mayor Priest declared the public hearing open at 8:02 pm. Under Federal Way Revised Code (FWRC) 19.08.080 a public hearing must be conducted to consider the Selection Process — 2012 Comprehensive Plan Amendments. Principal Planner Margaret Clark presented information on this item. The Federal Way Revised Code requires the city to accept applications for amendments to the Federal Way Comprehensive Plan on an annual basis. During this cycle, staff received three applications which were presented to the Land Use and Transportation Committee and are now coming before Council for review and selection of requests to be referred to the Planning Commission for further review. Ms. Clark reviewed the application requests, which are summarized below: 1. Edward Hoit submitted a request for a comprehensive plan amendment and rezone of 1.82 acres from single family — low density residential and suburban estates to single family — medium density residential and RS 15.0. City Council Minutes — September 4, 2012 Regular Meeting Page 4 of 10 2. Mark Barrett submitted a request for a comprehensive plan amendment and rezone of 0.35 acres from single family — high density residential and RS 7.2 to multiple family residential and RM 3600. 3. Isaac Hildebrandt submitted a request for a comprehensive plan amendment and rezone of 1.18 acres from single family — medium density residential and RS 15.0 to multiple family residential and RM 2400. The applicant revised their request to RS 5.0 or RS 7.2. Ms. Clark reviewed the criteria as outlined in FWRC 19.80.080 for selecting amendments for further consideration. Mayor Priest called for public comment. No public comment was received. Motion: Councilmember Celski moved to forward the site specific requests from Edward Hoit and Mark Barrett to the Planning Commission for further consideration as they meet the selection criteria; and the site specific request from Isaac Hildebrandt not be considered further as it is not consistent with the Federal Way Comprehensive Plan. Councilmember Duclos 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. Mayor Priest closed the public hearing on the Site Specific Selection Process — 2012 Comprehensive Plan Amendments at 8:16 pm. b. Modification of the Federal Wav Revised Code (FWRC) Mayor Priest declared the public hearing open at 8:17 pm. As outlined in FWRC 19.08.020 and 19.08.080, a public hearing must be conducted to consider requested modifications to the text of the Federal Way Revised Code. Principal Planner Margaret Clark presented information on this agenda item. The Federal Way Revised Code (FWRC) states the City will accept applications for amendments to the FWRC on an annual basis. The City received one application from Ron Mitchell requesting that senior housing with assisted living components be allowed in the Professional Office Zone. The request was reviewed by the Land Use Transportation Committee and forwarded to the City Council with a recommendation to further consider the amendment. Mayor Priest called for public comment. No public comment was received. Motion: Councilmember Celski moved to forward the request to amend the Federal Way Revised Code to the Planning Commission for further consideration. Councilmember Burbidge second. Vote: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes City Council Minutes — September 4, 2012 Regular Meeting Page 5 of 10 7. Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. Mayor Priest declared the public hearing on #he modification of the Federal Way Revised Code closed at 8:21 pm. COUNCIL BUSINESS a L Communitv Development Block Grant (CDBG) Loan Advisorv Review Committee Appointments At their 5:30 prn Special Meeting, the City Council interviewed four applicants for appointment to the CDBG Loan Advisory Review Committee. Motion: Councilmember Honda to appoint the following individuals to the CDBG Loan Advisory Review Committee: Lori Devore, Donald Bartlett and Keven Dunn to 2-year terms expiring August 31, 2014; Frank Spicer and Graham Evans to 3-year terms expiring August 31, 2015; and appoint Mark Hutson as an alternate member with a term expiring August 31, 2014. Deputy Mayor Ferrell 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. Human Services Commission Appointments At their 5:30 pm Special Meeting, the City Council interviewed two applicants for appointment to the Human Services Comrnission. Motion: Councilmember Honda moved to appoint Lydia Assefa-Dawson as a voting member to the Human Services Commission to fill the remainder of an un-expired term of January 31, 2013, and Brian Sandler as an alternate member with a term expiring January 31, 2015. Councilmember Kochmar second. Vote: Deputy Mayorferrell Councilmember Kochmar Councilmember Nonda Councilmember Burbidge Councilmember Celski Councilmember freeman Councilmember Duclos Motion carried 7-0. Yes Yes Yes Yes Yes Yes Yes c. 2013-2014 Human Services General Fund Fundinq Recommendations Community Services Manager Jay Bennett presented Council with information on this item. The City Council awards Human Services General Fund (HSGF) Grants to City Council Minutes — September 4, 2012 Regular Meeting Page 6 of 10 � organizations that provide human services programs that serve Federal Way residents. The city solicited grant applications from organizations and the applications were reviewed by city staff as well as the Human Services Commission members. The Commission approved a preliminary funding recommendation and conducted a public hearing to solicit input on their recommendation. At their August 14, 2012 meeting, the Parks, Recreation and Public Safety Committee reviewed the Human Services Commission funding recommendation and referred it back to the Commission forfurther review at their August 20, 2012 meeting, and presentation at this meeting. Mr. Bennett reviewed the funding recommendations that were included in the agenda packet. The Council asked clarifying questions of Mr. Bennett. Motion: Councilmember Honda moved approval of the Human Services Commission revised August 20, 2012 funding recommendations for the 2013-14 Human Services General Fund Grants and the Contingency Plan. Deputy Mayor Ferrell 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. 2013-2014 Communitv Development Block Grant Fundinq Recommendations Community Services Manager Jay Bennett provided a brief presentation on this item. The City of Federal Way is a direct entitlement city and receives Community Development Block Grant (CDBG) funding from the Department of Housing and Urban Development. CDBG funding is awarded to agencies that provide services to low and moderate income residents and includes services such as emergency shelters, medical services, food banks, senior programs etc. City staff, along wifih the Human Services Commission members reviewed the grant applications that were received. The Commission also conducted a public hearing on their funding recommendations for both Public Services and Planning & Administration activities. The funding recommendations are before Council for approval. Motion: Councilmember Honda moved approval of the Human Services Commissions funding recommendations for the 2013-2014 CDBG pub}ic service grants, planning administration budget and the conditions of funding. Councilmember Duclos second. Vote: Deputy Mayor Ferrell Councilmember Kochmar Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Freeman Councilmember Duclos Motion carried 7-0. Yes Yes Yes Yes Yes Yes Yes Ciry Councid Minutes — September 4, 2012 Regular Meeting Page 7 of IO 8. ORDINANCES First Reading: a. CB 608� Amendment to FWRC Reqardinq Residential Open Space Standards in the Gitv Center and Citv Center Frame An ordinance of the City of Federa/ Way, Washington, relating to open space standards for multi-housing in the City Center-Core and City Center-Frame zoning districts; amending FWRC 19.05.150, 19.100.070, 19.115, 19.225.070 and 19.230.060 Senior Planner Janet Shull stated this proposed amendment was part of the Planning Commission's work plan. The purpose of the amendment is to reduce the overall open-space requirement for residential development in the City Center zoning areas. The amendment would reduce the total square footage requirement, add new dimensional standards and add an optional fee-in-lieu program. The Planning Commission conducted a public hearing on July 18, 2012 on this item and forwarded their recommendation to approve to the Land Use Transportation Committee. Both the Planning Commission and LUTC are recommending the Council to approve staff's recommendation to amend the City Center-Core and City Center-Frame open space requirement. City Clerk McNeilly read the ordinance title into the record. Motion: Councilmember Celski moved to approve the proposed ordinance and forward it to the September 18, 2012 City Council meeting for second reading and enactment. Councilmember Burbidge second. Vote: Deputy Mayor FerreN Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. b. CB 609: Tacoma Public Utilities lTPU) Water Franchise Aqreement An ordinance of the City of Federal Way, Washington, granting City of Tacoma Department of Public Utilities, Water Division, a Municipal Corporation and Public Utility selling and distributing water within King County, a nonexclusive franchise to occupy the rights-of-way of the City of Federal Way, Washington, through the franchise area for the purpose of constructing, maintaining, repairing, renewing and operating a transmission system and accessories within and through the City of Federal Way and addressing hydrant costs within City boundaries. Parks, Public Works and Emergency Management Director Cary Roe provided background information on this item. In 1999 the City and Tacoma Water entered into a non-exclusive franchise agreement for installation, operation and repair of water systems located in the City. The franchise agreement was amended twice to extend the term. In a recent King County Superior Court matter, a decision was issued that requires a new franchise be negotiated and approved by the City Council. The proposed franchise has a term of ten-years. Other items addressed in the proposed ordinance include system abandonment, system general maintenance, franchisee duty for relocation of facilities and termination of easements in the existing or future right of way. City Council Minutes — September 4, 2012 Regular Meeting Page 8 of 10 City Clerk McNeilly read the ordinance title into the record. Motion: Councilmember Duclos moved to approve the proposed ordinance and forward it the September 18, 2012 City Council meeting for second reading and enactment. Deputy Mayor Ferrell 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. 9. COUNCIL REPORTS Councilmember Duclos announced the South Sound Chamber of Commerce is conducting an Economic Development Summit at Emerald Downs on September 13, 2012. She has been asked to serve on the siting recommendation committee for the new South County Transfer Station. Next week she will be attending a Regional Policy Council meeting. Councilmember Freeman reported that he attended the sand sculpture event over the weekend. He welcomed two new businesses to the City — Fitness 19 and A#lanta Fish and Wings restaurant. Councilmember Celski thanked city staff for their efforts on the recent audit. He noted this is the 18th consecutive year the audit was performed with no findings. Councilmember Burbidge reported she attended a South County Area Transportation Board meeting where they received an update on the Triangle Project. The Federal Way Historical Society is hosting their annual meeting and potluck at noon on September 8, 2012. Deputy Mayor Ferrell reported that on September 11, 2012 South King Fire and Rescue will be hosting a commemorative memorial event. He recently attended the 35�' Anniversary celebration for Wild Waves. He encouraged citizens to attend the September 27, 2012 Town Hall meeting focusing on the 2013-14 proposed budget and upcoming Council meetings to provide input on the proposed budget. Councilmember Honda shared information on the Arts Commission's current and upcoming City Hall Gallery displays. In September, the Commission will be accepting art for the Arts Alive Juried Art Show. Information for that show, as well as an application to display artwork at one of the two City galleries can be found on the Arts Commission page of the City's website. She attended her first Emergency Management Advisory Committee meeting last month and will be attending another one next week. She reviewed the agenda for the September 11, 2012 PRHSPS Committee meeting. Councitmember Kochmar reported tomorrow is the Chamber of Commerce luncheon, where Congressman Adam Smith will be speaking. There is a SCA Quarterly meeting on September 19, 2012. City,Council Minutes — September 4, 2012 Regular Meeting Page 9 of 10 10. MAYOR'S REPORT Mayor Priest thanked Dick Mayer, Wal-mart Representative for his community outreach and longtime representation of Wal-mart. 11. EXECUTIVE SESSION The Council and City Attorney adjourned to executive session at 9:11 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 minutes. The Council adjourned from executive session at 9:46 pm. 12. ADJOURNMENT With no additional items scheduled, Mayor Priest adjourned the meeting at 9:46 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council on: City Council Minutes — September 4, 2012 Regular Meeting Page 10 of 10 COUNCIL MEETING DATE: September 18th, 2012 ITEM #: �� _ .... ........ . _........ _..... ... _ ... .. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2012 EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD POLICY QUESTION: Should the City of Federal Way accept the 2012 Emergency Management Performance Grant award to fund the Emergency Management Specialist position and to help fund the mass notifcation system CodeRed? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: September 11`h, 2012 ❑ Public Hearing ❑ Other STAFF REPORT BY: Ra Gross, De u Emer enc _ Mana er DEPT: Public Works ___..._..._.._._....._ ................................._...-------........�'._.._._.._.��_.._...�__.._.,�_....h'_._....._..._..�.....�........._...._Y.-----.__�.�.�.._........----.. .._........._...............................................__...-----...._.�..._�_._.......__....--- _____.._._......._......____ ------... Attachments: Memorandum 2012 Emergency Management Performance Grant (EMPG) Award contract Options Considered: Option� Option 2. Accept the 2012 Emergency Management Performance Grant Award. Do not accept the 2012 Emergency Management Performance Grant award and provide direction to staff: MAYOR'S RECOMMENDATION: Approval of Option 1, to accept the 2012 Emergency Management Performance Grant Award. MAYOR APPROVAL: DIRECTOR APPROVAL: �� Cou I Initial COMMITTEE RECOMMENDATION: I move to forward the 2012 Emergency Management Performance Grant award to the September 18`" City Council consent agenda for approval. Ir1�'`I�''` Committee Chair Com ' ee Member Committee Member PROPOSED COUNCIL MOTION: "I move approvad of accepting the 2012 Federal Emergency Management Performance Grant award " (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 # REVtSED— 08/12/2010 RESOLUTION tt CITY OF FEDERAL WAY MEMORANDUM DATE: August 27�', 2012 TO: Parks, Recreation, Human Services, and Public Safety Committee VIA: Cary M. Roe, P.E., Director of Parks, Public Works, and Emergency Managemerrt FROM: Ray Gross, C.E.M., Deputy Emergency Manager SUBJECT: Emergency Management Performance Grant (EMPG) Award BACKGROUND: The City of Federal Way Emergency Management Division has applied for the 2012 Emergency Management Performance Grant (EMPG). The purpose of the EMPG is to assist witn the enhancement and sustainment of emergency management programs. Activities conducted using EMPG funding should relate directly to the four elements of all-hazards emergency management: response, recovery, mitigation and preparedness. Washington State Emergency Management Division passes-through federal funding to eligible local emergency management agencies. The EMPG program requires a 50% mafch from the local jurisdiction and the total award amount is based on the local Emergency Management Agency's operating budget. The City of Federal Way has been awarded $37,154 and has $37,154 in matching funds. The performance period of the 2012 EMPG is from June l, 2012 through August 31, 2013. T'he City of Federal �ay Emergency Management Division would like to use the awarded EMPG funds to continue funding of the Emergency Management Specialist position in the year 2412 and 2013. Funding this position is vital to keeping the Community Emergency Response Team training and the Neighborhood Emergency Team program at current levels of performance. EMPG funds would also be used to help continue funding of the mass notification system CodeRed. cc: Project File Day File SIGNATURE AUTHORIZATION FORM WASHlNGTON STATE MiLITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completin this form. NAME OF ORGANIZATIOIV DATE SUBMITTED City of Federal Way PROJECT DESCRIPTION CONTRACT NUMBER Emergency Management Perfarmance Grant 2012 E12-319 •. a � y � �, � .. � � � �_�. �,��;. • � � `, � `� � � � ; � � � , � �� .- �,� ....��__,., .�:��.. . 9. AUTHORIZING AUTHORITY SiGNATURE PRINT OR TYPE NAME TITLElTERM OF OFFICE Skip Pries# Mayor Cary M. Roe, P.E. Director of Parks, Public Works, /� �'� Emergency Management � � � � �y�� , � �� .�F � �;� ��. �,,� � � � 3 � �� ° _.� �� : �, 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS IGNATURE PRINT OR TYPE NAME TlTLE Cary M. Roe, P.E. Director of Parks, Pubiic Works, `� Emergency Management Ray Gross, C.E.M. Deputy Emergency Manager 4 "� Rk'' '� �, f qs� - ,� :� c{�, x ��.;�", � �v.. . � 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE Cary M. Roe, P.E. Director of Parks, Public Works, ,/if/l Emergency Management Ray Gross, C.E.M. Deputy Emergency Manager 1\NAG71VOL71HOME�KARENB�....�WF�SIGNAU I H Rewsetl 5100 Form �� (Rev. January 2011) Department of the 7reasury Intema! Revenue Service N m � N a c 0 a �� v o i C � i � a� z i► � a� m m � Request for Taxpayer Give Form to the Identification Number and Certification requester. Do not send to the IRS. Name {as shown on your income tax retum) �ity of Fede�al Way Business nameldisregarded entity name, if + Check appropriate box for federal tax class'rfication (required): ❑ Mdividual/sole proprietor above ❑ C Caporation ❑ S Corpaation ❑ Partnership ❑ Trus1/estate � lfmited liability company. Enterthe tau classification (C=C corporation, S=S corporation, P=partnership) ► i)Thef (Se2 IfIShUCI�Of1S� ► �.ss (number, street, and apt. or suite no.) 33325 8th Avenue South City, state, and ZIP code Federal Way, WA, 98003 List accoimt number(s) F�ere (optio�al) name and address (optional) Enter your TIIV in the appropriate box. The TIN provided must match the name given on the "Name" iine ��a� ��^h� �+�+�^�' to avoid backup wiihholding. For in�viduais, this is your social security number (SSN). However, for a �_� resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN}. If you do not have a number, see How to get a TJN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Certification Exempt payee 7�e��C��EiFi�7 Under penalties of pery'ury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. i am not subject to backup withholding because: (a) 1 am exempt from backup withholding, or (b) 1 have not been �otified by the Internal Revenue Service (iRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the iRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed #o report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA►, and generally, payments other than interest and dividends, you are noi required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign �ature of Here u.s. r�e�soo ► oace ► General lnstructions Section refere�ces are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information retum with the tRS must obtai� your correct taxpayer identification number (fIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributio�s you made to an IRA Use Form W-9 onty if you are a U.S. person (ncluding a resident alien), to provide your correct TtN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the T1N you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or ' 3. Claim exemption from backup withholding if you are a U.S. exempt payee. tf applicable, you are also certifying that as a ll.S_ person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effecWeiy connected income. Note. If a requester gives you a form other than Fortn W-9 to request your TIN, you must use the requester's form if it is subsiantially simitar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • M individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the taws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined i� Regulations section 301.7701-�. Special rules for partnerships. Partnerships that conduct a trade or business in the Uniied States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume Yhat a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S_ person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership i�come. Cat. No. 10231X Form W-9 (Rev. 1-2011) Washington Military Department Contract Number: E� 2-3� 9 Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form NAM E Doing business as (DBA) City of Federal Way ADDRESS Applicable Procurement WA Uniform 8usiness Federal Employer Tax or Solicitation #, if any: Identifier (UBQ Identification #: 33325 8th Avenue South, Federai Way, WA 98003 601223538 91-1462550 This certification is submitted as part of a re uest to contract Instructions For Certification Rega�ding Deba�ment, Suspension, Ineligibility and Voluntary Exclusion—lower Tier Covered Transactions READ CAREFULLY BEFORE SIGNING THE CERTiFlCATION. Federal regulations require contractors and bidders to sign andl� abide by the terms of this certification, without modification, in order to participate in certain transactions directly or indirectly involving federal funds. 1. Sy signing and submitting this proposal, the prospect+ve lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies availabie to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarme�t_ 3. The prospective lower tier participant shall provide immediate written notice to the department, i�stitution or office to which this proposal is submitted if at any time the prospective lower tier participant fearns that its cefification was erroneous when submitted or had become eROneous by reason of changed circumstances_ 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaciion be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicabie CFR, debarred, suspended, declared ineligible, or voluntariiy excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lowec 6er participant further agrees by submitting this proposal that it will include this Gause titied "Certi#ication Regarding Debarment, Suspension, Ineligibility and Voiuntary Exclusion-Lower Tier Covered Transaction," without modification, in a11 lower tier covered transactions and in atl solicitations for lower tier covered #ransactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is noi proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each pa�ticipant may, but is not required to, check the List of Parties Excluded from Federal Procurement and No�-procurement Prograrns. 8. No#hing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarme�t under applicable CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other �emedies availabfe to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarmerrt, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this form. Bidder or Con#�actor Signature: Date: Print Name and Title: Cary M. ROe, P.E. Washington State Military Department HOMELAND SECURITY GRANT AGREEMENT FACE SHEET 1. Sub-grantee Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: City of Federal Way 3325 8"' Avenue South $37,154 E12-319 Federal Wa , WA 98003-6325 4. Sub-grantee Contact, phone number: 5. Grant Agreement Start Date: 6. G�a�t Agreement End Date: Ray Gross, 253-835-2712 June 1, 2012 August 31, 2013 7. Department Program Manager, phone number: 8. Data Universal Numbeang System (DUNS)_ 9. UBI #(siate revenue): Sierra Wardell, (253) 512-7121 61-250-9901 601-223-538 10. Funding Authonty: Washington State Military Department (the "DEPARTMENT") and the U.S. Department of Homefand Security (DHS) 11. Federal Funding Source 12. Department 13. Catalog of Federal Domestic Assistartce 74. TIN: Agreement #: Funding Code (PI): (CFDA) # & Title: EMW-2012-App-00071 723PT 97.042 EMPG 91-1462550 15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 30 K��g Certified?: X N/A � NO (BY CONGRESSIONAL DISTRICT): 9 ❑ YES, OMWBE # 18. Agreement Classification 19. Contract Type (chedc au that appiy)_ ❑ Personal Services O Client Services X Pubiic/Local Gov't ❑ Contract X Grant X Agreement ❑ Collaborative Research ❑ A/E � Other ❑ Intergovemmental (RCW 39.34) ❑ lnteragency 20. Sub-Grantee Selection Process: 21. Sub-Grantee Type (chedc a11 mat apply) X"To a11 who apply 8� qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ So1e Source ❑ A/E RCW ❑ N/A X Public OrganizationlJurisdiction ❑ Non-Profit ❑ Filed w/OFM? ❑ Advertised? � YES ❑NO ❑ VENDOR X SUBRECIPIENT ❑ OTHER 22. PURPOSE: Provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to local jurisdictions and tribes with emergency management programs to support and enhance those programs as described in the Work Plan. IN WITNESS WtiEREOF, the Department and Sub-Grantee acknowledge and accept the terms of this Grant Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement as of the date and year written beloinr. This Grant Agreement Face Sheet; Special Terms & Condi#ions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C); Milestone Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein contain ail the terms and conditions agreed upon by the parties and govem the rights and obligations of the parties to this Grant Agreement. No other understandings, ora! or otherwise, regarding the subject matter of this Grant Agreement shalt be deemed #o exist or to bind any of the parties hereto. In the event of an inconsisteney in this Grant Agreement, unless otherwise provided herein, the inconsistency shali be resolved by giving precedence in the following order. 1. Applicable Federal and State Statutes and Regulations 2. Work Plan 3. Special Terms and Conditions 4. Generaf Terms and Conditions, and, 5. Other provisions of the grant agreement incorporated by reference. WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below. FOR THE DEPAR7MENT: FOR THE APPLICANT: Signature Date Signature Date Dan Swisher, Chief Financial Officer Cary M. Roe Emergency Management Division Director of Parks, Public Works, & Emergency Management Washington State Military Department BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable): Sriatl E. BUChh012, Signature on file Date 6/t3/2012 Assistant Attomey General ApplicanYs Legal Review Date hOf(T16/73/"LU1Z WJg DHS-FEMA-EMPG-FFY 12 Page 1 of 24 City of Federal Way E12-319 Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE I -- KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Grant Agreement. Any substitution of key personnel by either party shall be made by written notification to the cu�rent key personnet. ARTICLE II -- ADMINISTRATIVE ANDlOR FINANCIAL REQUIREMENTS The Sub-grantee shall comply with aH applicable state and federal laws, regulations and program guidance. A non-exclusive list of iaws, regulations and guidanoe commonly applicable to DHS/FEMA grants are iisted here for reference on1y, and indude, but are not limited to, the following: 1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; O�ce of Management and Budget (OMB) Circular A-102, Grants and Cooperative Agreements with State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitats, and Other Non- Profit Organizations (formerly OMB Circular A-110). 2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (formeriy OMB Circular A-87); 2 CFR Part 220, Cost Principles for Educational Institutions (formerly OMB Circular A-21); 2 CFR Part 230, Cost Prinapfes for Non-Profit Organizations (formerly OMB Circular A-122); OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations; and 48 CFR Part 31, §31.2, Federal Acquisitions Regulatior�s (FAR), Contrac# Cost Principles and Procedures, Contracts with Commercial Organizations. 3. Grant funds will not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. The Sub-grantee, upon written request by the Department, DHS or FEMA, shall demonstrate through suppoRing records and documentation that a reduction in non-Federal resources occurred for reasons o#her than the receipt or expected receipt of Federal funds. 4. Duplication of Benefits: There may not be a duplication of any Federal assistance by governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c), which states: "Any cost allocable to a particular Federal award or cost objective under the prinaples provided for in 2 CFR Part 225 may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons." However, this prohibition would not preciude governmental units from shifting costs that are allowable under two or more awards in accordance with DNS-FENL4-EMPG-FFY 12 Page 2 of 24 City of Federal Way E12-319 existing program agreements. Non-governmental entities are aiso subject to #his proh+bition per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2. 5. The Sub-grantee shall comply with all applicabie federal laws, regulations and guidance referenced in the "FY 2012 Emergency Management Performance Grants (EMPG) Program Funding Opportunity Announcement (FOA)", which can be found at http://www.fema.govlgovernment/granUempg/ and are hereby incorporated in and made a part of this Agreement. 6. The Sut�grantee shall comply with the Federal Funding Accourrtability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109- 282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C_ 6101 note) and complete and return to the Departrnent Attachment #1, Attachment #1 attached to and made a part o# this Agreement. ARTICLE 111— REIMBURSEMENT/INVOICING PROCEDURES 1. This is a fixed price, reimbursement Grant Agreement. Wdhin the total Grant Agreement amount, travet, sub-contracts, salaries and wages, benefits, printir�, equipment, and other goods and senrices or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Grant Agreement. Any travel or subsistence reimbursement allowed under the Grant Agreement shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall not exceed federal maximum rates set forth at http://www.gsa.gov without prior written approval by Department key personnel. 2. Receipts and/or badcup documentation for any apptoved budget line items including travei related expenses that are authorized under this Grant Agreement must be maintained by the Sub-grantee and be made available upon request by the Department, and local, state, or federal auditors. 3. The Sut�grantee will submit reimbursement requests to the Department by submitting a signed A-19 Invoice form and a completed reimbursement spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests shall be submitted to the DepartmenYs key personnel and must be submitted no more frequently than monthly; and it is required that invoices be submitted at least bi-annually. 4. All work under this Ag�eement must end on or before the Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Agreement End Date. The maximum amount of all reimbursement requests permitted to be submitted under this Grant Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amourrt. 5. No equipment or supply costs will be reimbursed until the related equipmentlsuppiies have been received by the Sub-grantee and invoiced by the vendor. 6. Requests for reimbursement of equipment purchases must include a copy of the vendo�'s invoice and packing slip or a statement signed and dated by the Sub-grantee's authorized representative that states "all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements". _ 7. Failure to timely submit complete reports and reimbursement requests as required by this Agreement (including but not limited to those reports in the Milestone Timeline and the Wo�c Plan) will prohibit the Sub-grantee from being reimbursed until such complete reports and reimbursement requests are submitted and the Department has had reasonable time to condud its review. 8. Final reimbursement requests wiA not be approved for payment if the Sub-grantee is not current with al1 reporting requirements contained in this Agreement. DHS-FEMA-EMPG-FFY 12 Page 3 of 24 City of Federal Way E12-319 ARTICLE IV — REPORTING REQUIREMENTS 1. The Sub-grantee shall submit with each reimbursement request a report describing completed Work Plan activities for which reimbursement is sought. 2. In conjunction with the next annual grant cycle application process, the Sub-grantee shall submit to the Department's key personnel a final report describing a!f completed activities under this Grant Agreement and new activities for which grant funding will be sought in the upcoming grant cycle's Work Plan. If a Sub-grantee will not be applying for grant funding during the next annual grant cycle application process, a final report will be submitted to the Department detailing progress on all adivities tisted in the Work Ptan. ARTICLE V — EQUIPMENT MANAGEMENT All equipment purchased under this Grant Agreement, by #he Sub-grantee or a contfactor, w�l be reco�ded and maintained in the Sub-grantee's equipment inventory system. 1. Upon successful completion of the #erms of this Grant Agreement, all equipment purchased through this Grant Agreement will be owned by the Sub-grantee, or a recognized sub- recipient for which a contract, sub-Grant Agreement, or other means of legal transfer of ownership is in place. 2. The Sub-grantee, or a recognized sub-grantee/sub-con#ractor, shall be responsible for any and all operational and maintenance expenses and for the safe ope�ation of their equipment including all questions of liability. The Sub-grantee shall develop appropriate maintenance schedules and procedures to ensure the equipment is well maintained and kept in good operating condition. 3. The Sub-grantee shall maintain equipment records #hat include: a descripbon of the property; the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Catalogue of Federal Domestic Assistance (CFDA) number; who holds the title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Sul�grantee for a period of six years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Sub-grantee until all litigation, claims, or audit findings involving the records have been resolved. 5. The Sub-grantee shall take a physical inventory of the equipment and reconcile the resuits with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shafl be investigated by the Sub-grantee to determine the cause of the difference. The Sub-grantee shail, in connedion with the inventory, verify the existence, current utilization, and continued need for the equipment. 6. The Sub-grantee shali devetop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the p�operty. Any loss, damage or theft shall be investigated and a report generated and sent to the Department. 7. if the Sub-grantee is authorized or required to sell the property, proper saies procedures must be established and foltowed fio ensure the highest possible return. 8. When original or replacement equipment is no longer needed for the original project �r program or for other activities currently or previously supported by a Federat agency, disposition of the equipment will be made as foltows: a. ltems of equipment wi#h a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Sub-grantee with no further obligation to the awarding agency. DHS-FEMA-EMPG-FFY 12 Page 4 of 24 City of Federal Way Ei2-319 b. items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Sub-grantee shall compensate the Federal-sponsoring agency for its share. 9. As recipient of federal funds the Sub-grantee must pass on equipment management requirements that mee# or exceed the requirements outlined above for all sutrcontractors, consultants, and sut�grantees who receive pass-through funding from this Grant Agreement. 10. Allowable equipment categories for the FY 2092 EMPG Program are listed on the wet� based version of the Authorized Equipment List (AEL) located at the Responder Knowledge Base at http://www.ricb.usl. Reimbursement wi� only be provided for equipment that (1) is on the AEL or, (2) if not on the AEL, has received prior written approvaf from FEMA through the Department; Sub-grantees must contact the Department representative for assistance in seeking FEMA approval for equipment not on the AEL. Unless expressly provided otherwise, ail equipment must meet all mandatory regulatory and/or FEMA adopted standards to be eligible for purchase using EMPG funds. in addition, Sub-grantees must obtain and maintain all necessary certifications and licenses for the equipmerrt. Sul� grantees are solely responsible for ensuring equipment eligibility. ARTICLE VI — ENVIRONMENTAL AND HISTORICAL PRESERVATION 1. The Sub-grantee shall ensure full compliance with FEMA's Environmen#al and Historic Preservation {EHP) Program. Informa#ion about these requirements is located at http://www.fema.gov/planlehp/ehp-applicant-help.shtm. 2. The Sub-grantee agrees that to receive any federal preparedness funding, all EHP complianoe requirements outlined in applicable guidancs must be met. The Sub-grantee is advised that any project or expenditure with the potenbal #o impact natural or bioiogical resources or historic properties, including but not timited to, communication towers, physical security enhancements, new construction, renovation, or modification to builc�ngs or structures, cannot be initiated until FEMA has completed the required EHP review. Projects implemented prior to receiving EHP approval from FEMA risk de-obligation of funds_ ARTICLE V11— PROCUREMENT The Sub-grantee shalt comply witfi all procurement requirements o# 44 CFR Part 13.36, Procurement. All sole source contracts expected to exceed $100,000 must be submitted to tfie Department for review and approval prior to the Sub-grantee's award and execution of a contract. This requirement must be passed on to ail of the Sub-grantee's sub-contractors, at which point the Sub-grantee will be responsible for reviewing and approving their sut� contractors' sole source justifications. ARTICLE VIII — SUB-GRANTEE MONITORING 1. The Departmen# will monitor the activities of the Sub-grantee from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with #his Agreement, federal and state audit requirements, federal gra�t guidanoe, and applicable federal and state financial regulations, as well as OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. 2. Monitoring activities may include, but are not limited to: a. review of perfotmance reports; b. monitor and document the comple6on of Grant Agreement deliverables; c. documentation of phone calls, meetings, e-mails and correspondence; d. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Grant Agreement budget and federal requirements; e. observation and documentation of Grant Agreement related activities, such as exercises, training, funded events and equipment demonstrations; DHS-FEMA-EMPG-FFY 12 Page 5 of 24 City of Federal Way E12-319 on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. 3. As a sub-recipient of federal funds, the Sub-grantee is required to meet or exceed the monitoring activities, as outlined above, for all sub-contractors, consultants, and sutr recipients who receive pass-through funding from this Agreement. ARTICLE IX — GRANT AGREEMENT MODIFICATION REQUESTS A Sub-grantee may request a modfication to the Grant Agreement in writing to the Department key personnel. Modifications may be requested for Grant Agreement end date, budget or scope change. ARTIC�E X — NIMS COMPLIANCY 1. The Sub-grantee agrees that in order to receive Federal Fiscal Year 2012 (FFY12) federa! preparedness funding, to include EMPG, the National Incident Management System {N1MS) compliance requirements for 2012 must be met. 2_ In accordance with Homeland Security Presidential Directive (HSPDj-5, Managerr�nt of Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a requirement to receive Federal preparedness assistance, through grants, contracts, and other activities. The NIMS provides a consisten# nationwide template to enable all levels of govemment, Tribat nations, nongovernmental organizations inGuding voluntary organizations, and private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, si2e, location, or complexity. 3. All local govemment and Tribal nation sub-grantees should update their respective NIMS Compliance Assistance Support Tool (NIMSCAST) assessments and, if necessary, submit a Corrective Action Plan via NIMSCAST for FFY11. Corrective Action P1ans are only required if a jurisdiction fails to meet one of the NIMS implementa6on activities. Comprehensive information concerning NIMS implementation for States, Tribal nations, local governments, nongovernmental organizations, and the private secto� is available through the National Integration Center (NIC) at FEMA's NIMS Resource Center at http:/Iwww.fema.gov/emergency/nims. 4. Locaf governments and triba! nations should continue to implement NIMS training guidance (course curricula and instructor qualifications) contained in the Five-Year NIMS Training Plan, released in February 2008 and any successor guidance released by FEMA [Note: Coursework and training developed and/or delivered by Nationaf Wildfire Coordinating Group (NWCG) meet the course and instructor requirements of the Five-Year N1MS Training Plan). NIMS training guidanoe is available on FEMA's NiMS Resource Center at http:l/www.fema.gov/emergencylnims/Ni MSTrainingCourses.shtm. ARTICLE XI — EMPG SPECIFIC REQUIREMENTS 1. The Washington State Military Department Emergency Management Division {EMD) receives grant funding each year from the U.S. Department of Homeland Security (OHS)/Federal Emergency Management Agency (FEMA) through the Emergency Management Performance Grant (EMPG) Program. The funding assists state and local governments enhance and sustain all-hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, as amended, 42 U.S.C. 5121-5207). 2. A portion o# the FFY92 EMPG grant has been identified by the state to be passed through to locai jurisdictions and tribes that have emergency management programs to supplement their locai/tribal operating budgets. Each jurisdiction or tribe that applied and met the qualifications spec�ed in WAC 118-09 regarding smergency management assistance funds was awarded a sub-gran# based on the size of their agency's emergency DHS-FEMA-EMPGFFY 12 Page 6 of 24 City of Federal Way E12-319 management operating budget. Funds are used by local jurisdictions and tribes to enhance their emergency management capablity. 3. Funds are provided by DHS/FEMA solely for the use of supporting emergency management programs as provided by the EMPG Program. The Sub-grantee shall use the funds to perform tasks as described in the Work Plan of the Sub-grantee's applicaiion for funding, as approved by the Department. Funding may not be used to replace or supplant existing local or triba) government funding of emergency management programs. 4. The Sub-grantee shall pravide a match of $3T,154 of non-federal origin. Match {cost share) may be cash or in-kind. To meet matching requirements, the Sub-grantee contributions must be reasonabie, allowable, allocable and necessary under the gran# program and must comply with all Federal requirements and regulations, including but not fimited to 2 CFR Part 225, 2 CFR Part 215.23, and 44 CFR Part 13.24. An appropriate mechanism must be in piace to capture, track and document match. 5. The Sub-grantee acknowledges that since this Grant Agreement involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. The Sub-grantee agrees that it will not hold the Department, the State of Washington, or the United States liabfe for any damages, claim for reimbursement, or any type of payment whaisoever f� services perFormed under this Grant Agreement prior #o distribution of appropriated federal funds_ The Sub-grantee agrees that it will not hold the Department, the S#ate of Washington, or the United States iiable for any damages, claim for reimbursement or any #ype of paymerrt if federal funds are not appropriated or are not appropriated in a particular amount 6. Exercises that are implemented with grant funds must meet the �equirements of the FFY12 EMPG Program. Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the Department. DHS-FEMA-EMPG-FFY 12 Page 7 of 24 City of Federal Way E12-319 Exhibit B Washington State Military Department GENERAL TERMS AND CONDITIONS Departmerrt of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Grant Agreement, the following terms wil! have the meaning set forth below: a. "DeparlmenY' means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other o�cials lawfully representing that Department. b. "Sub-grarrtee" means the government or other eligible legal en6ty to which a sub- grant is awarded and which is accountable to the Grantee for the use of the funds provided under this Grant Agreement, and indudes ail employees of the Sul�grantee and any sub-contractor retained by the Sub-grantee as permitted under the terms of this Grant Agreement The term "Sul�grantee� and "Contrador" may be used interchangeably in this Agreement. c. "Sub-grarrtee AgenY' means the official representative and altemate designated or appointed by the Sut�grantee in writing and authorized to make decisions on behalf of the Sul}grantee_ d. "Grantee" means the government to which a gra�t is awarded and which is accountable for the use of the funds provided_ The Grantee is an entire legal entity even if only a pa�ticuiar component of the entity is designated in the grant award docume�t. For the purpose of this Grant Agreement, the state of Washington is the Grantee. The Gran#ee and the DEPARTMENT are one and the same. e. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with aN state and federal laws, rules, authorities and policies. f. "Investment Justification" means grant application investment justification submitted by the sub-grantee describing the project for which federal funding is sought and provided under this Grant Agreement. Such grant application investment justification is hereby incorporated into this Grant Agreement by reference. g. "PL" — is defined and used herein to mean the Public Law. h. "CFR" — is defined and used herein to mean the Code of Federal Regulations. i. "OMB" — is defined and used herein to mean the Office of Management and Budget_ j. "WAC" — is defined and used herein to mean the Washington Administrative Code. k. "RCW° — is defined and used herein to mean the Revised Code of Washington. A.2 SINGLE AUDIT ACT REQUIREMENTS tINCLUDING ALL AMENDMENTS) Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance wi#h the Office of Management and Budget (OMB) Circuiar A-133-Audits of States, Local Governments, and Non-Profi# Organizations (amended June 27, 2003, effective for fiscal years ending after December 31, 2003, and further amended June 26, 2007). Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federat audit requirements for that year, except as noted in Circular No. A-933. As �iefined in Circular A-133, the term "non-federal entit�i' means a State, local government, or non-profit organization, and #he term "State" includes lndia� tribes. Circular A-133 is available on the OMB Home Page at http://www.omb.gov. SUB-GRANTEES required to have an audit must ensure the audit is performed in accordance with GeneraNy Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by DHS-FEMA-EMPG-FFY 12 Page 8 of 24 City of Federal Way E12-319 the Comptroiler General and the OMB Compliance Supplement. The SUB-GRANTEE- grantee has the responsibility of notifying its auditor and requesting an audit in compliance with Circular A-133, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by Circular A- 133. The SUB-GRANTEE shall maintain auditable records and accounts so as to facilita#e the audit requirement and shall ensure that any sub-contractors also maintain auditabfe records. The SUB-GRANTEE is responsible for any audi# exceptions incurred by its own organization or that of its sub-contractors. Responses to any u�resolved management findings and disallowed or questioned costs shall be inG�ded with the audit repoR. The SUB-GRANTEE must respond to Department requests for information or carrective action concernir�g audit issues or findings within 30 days of the date of request. The DEPARTMENT reserves the right to recover from the SUB-GRANTEE all disallovu�ed costs resulting from the audit. Once the single audit has been completed, ihe SU�GRANTEE must send a fuH copy of the audit to the DEPARTMENT and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The SUB-GRANTEE must send the audit and the letter no later than nine (9) months after ihe end of the SUB- GRANTEE's fiscal year(s) to: Accourrting Manager Washington Military Departmerrt Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 in addition to sending a copy of the audit, the SUB-GRANTEE must indude a corredive action plan for any audit findings and a copy of the management letter if one was received. If SUB-GRANTEE claims it is exempt from the audit requirements of Circular A-133, SUB-GRANTEE mus# send a letter identifying this Grant Agreement and explaining the criteria for exemption no later than nine (9) months after the end of tfie SUB-GRANTEE fiscal year(s) to: Accourrting Manager Washington Military Departmerrt Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 The DEPARTMENT retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. The SUB-GRANTEE shall indude the above audit requirements in any sub-contracts. Conduding a single or program-specific audit in compliance with Circular A-133 is a material requirement of this Grant Agreement. In the absenoe of a valid claim of exemption from the audit requirements of Circular A-133, the SU&GRANTEES failure #o comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with Circular A-133; the withholding o� disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. OHS-FEMA-EMPG-FFY 12 Page 9 of 24 City of Federal Way E12-319 A.3 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. SUB-GRANTEE shall not invoice the Department in advanoe of deiivery and invoicing o# such goods or services. A.4 AMENDMENTS AND MODIFICATIONS The SUB-GRANTEE or the DEPARTMENT may request, in writing, an amendment or modification of this Grant Agreement. However, such amendment or modification shall not be binding, iake effect or be incorporated herein until made in wnting and signed by the authorized represe�atives of the DEPARTMENT and the SUB-GRANTEE. No other understandings or agreements, w�itten or oral, shall be binding on the parties. A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The SUB-GRANTEE must comply with the ADA, which provides comprehensive civil rigfits protection to individuals with disabilities in the areas of employment, pubiic accommodations, state and local government services, and telecommunication. A.6 ASSURANCES DEPARTMENT and SUB-GRANTEE agree that all activity pursuant to this G�ant Agreement will be in accordanoe with all the applicable current federat, state and local laws, rules and �egulations. A_7 CERTIFICATlON REGARDING DEBARMENT SUSPENSION OR INELIGIBfLITY As federal #unds are a basis for this Grant Agreement, the SUB-GRANTEE certifies tha# the SUB-GRANTEE is not presently debarred, suspended, proposed for deba�rnent, declared ineligible, or voluntarily excluded from participating in this Grant Agreement by any federa! department or agency. if requested by the DEPARTMENT, the SUB-GRANTEE shail complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the SUB-GRANTEE for this Grant Agreement shall be incorporated into this Grant Agreement by reference. Further, the SU&GRANTEE agrees to comply with all applicable #ederal regulations concerning the federal debarment and suspension system, including 2 CFR Pa�t 180. The SUB-GRANTEE certifies that it will ensure that potential sub-contractors or sul� recipients or any of their principais are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non-procurement transadion (e.g. grant or cooperative agreement) that are expeded to equal or exceed $25,000, and sub-awards to sub-recipients for any amount. With �espect to covered transactions, the SU&GRANTEE may comply with this provision by obtaining a cert�cation statement from the potential sub-contractor or sub-recipient or by checking the Excluded Parties List System (EPLS} maintained by the federal General Services Administration (GSA). The SUB-GRANTEE also agrees not to enter into any arrangements or contracts with any party on the Washington Sta#e Department of Labar and industries' "Debarred Contractor List." A.8 CONFLICT OF INTEREST No officer or employse of the DEPARTMENT; no member, officer, or employee of the SUB-GRANTEE or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such the SUB-GRANTEE who exercises any functions or responsibilities with respect to the projed during his or her tenure, shail have any personal or pecuniary gain or interest, - DHS-FEMA-EMPG-FFY 12 Page 10 of 24 City of Federal Way E12-319 direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The SUB-GRANTEE shail incorporate, or cause to incorporate, in ail such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICiES The SUB-GRANTEE and ail its contractors shall comply with, and the DEPARTMENT is not responsible for determining compliance with, any and all appiicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or poliaes. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabifities Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 4321 C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and heaith regulations. In the event of the SUB-GRANTEE's or its contractor's noncomplianoe or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy, the DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in part in its soie discretion. The SUB-GRANTEE is responsible for all costs or liabi�ty arising f�om its failure to comply with applicabie law, regufation, execu#ive order, OMB Circular or policy. A.10 DISCLOSURE The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose not directly connected with the administration of the DEPARTMENT's or the SUB-GRANTEE's responsibilities with respect to services provided under this Grant Agreement is prohibited except by prior written consent of the DEPARTMENT. However, the parties acknowledge that the DEPARTMENT, and state and local agencies as defined in RCW 42.56.010, are subject to RCW 42.56, the state Public Records Ad_ A.11 DISPUTES The DEPARTMENT and SUB-GRANTEE shall make every effort to resolve disputes arising out of or relating to this Grant Agreement through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this Agreement, the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by each party and a third representative mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. Both parties agree that this dispute resolution process shaH precede any action in a judicial or quasi judicial tribunal. Nothing in this section shall preclude the parties from mutually agreeing to a different dispute resolution method in lieu of the procedure outlined above. A_12 LEGAL RELATIONS It is understood and agreed that this Grant Agreement is solely for the benefit of #he parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Grant Agreement. To the extent allowed by law, the SUB-GRANTEE, its successors or assigns, will p�otect, save and hold harmless the DEPARTMENT, the State of Washington, and the United States Government and their authorized agents and employees, from a!I claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or DHS-FEMA-EMPG-FFY 12 Page 11 of 24 City of Federal Way E12-319 omissions of the SUB-GRANTEE, its sub-contractors, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever a�ising out of or in connection with any acts or activities authorized by this Grant Agreement_ To #he extent a!lowed by law, the SUB-GRANTEE fu�#her agrees to defend the DEPARTMENT and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees foc any claims or ac#ion commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the DEPARTMENT, and (2) the SUB-GRANTEE, its agents, or employees, this indemnity provision shal! be vafid and enforceable only to the extent of the negligence of the SUB- GRANTEE, or SUB-GRANTEE's agents or employees. Insofar as the funding source, the Department of Homeland Security (DHS)1Federal Emergency Management Agency (FEMA), is an agency of the federal govemment, the following shall apply. 44 CFR 206.9 Non-liabilitv. The federal government shall not be liable for any claim based upon the exerase or performance of, or #he failure to exercise or perform a discretionary function or duty on the part of a federa! agency or an empioyee of the federal government in carrying ou# the provisions of the Stafford Act. A.13 LIMfTATION OF AUTHORITY — Authorized Sictnature The signatories #o this Agreement represen# that they have the authoriry to bind their respective organizations to this Agreement. Only the DEPARTMENT's Authorized Signature and the Authorized Signature of the assigned SUB-GRANTEE Agent or Alternate for the SUB-GRANTEE Agent, formaily designated in writing, shal4 have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant Agreement. Any alte�atian, amendment, mod�cation, or waiver af any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by both parties Authorized Signature representatives. Fu�ther, only the Authorized Signature representative or Alternate for the SUB- GRANTEE shall have signature authority to sign reimbursement requests, time ex#ension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. - A.14 LOSS OR REDUCTION OF FUNDING In the event fiunding from state, federat, or o#her sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the DEPARTMENT may unilaterally reduce the scope of wark and budget or unilaterally terminate all or part of the Agreement as a"Termination for Cause" without providing the SUB-GRANTEE an opportunity to cure. Alternatively, the pa�ties may renegotiate the terms of this Agreement under "Amendments ancf Modifications" to comply with new funding limitations and conditions, although the Depa�tment has no obligation to do so. A.15 NONASSIGNABILITY Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall be t�ansferred or assigned by the SUB-GRANTEE. A.16 NONDISCRlMINATION The SUB-GRANTEE shall comply with al! applicable federal and state non-discrimination laws, regula#ions, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, DHS-FEMA-EMPG-FFY 12 Page 12 of 24 City of Federal Way E12-319 honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination u�der any project, program, or activity, funded, in whole or in part, under #his Grant Agreement. A_17 NOTICES The SUB-GRANTEE shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and sha11 maintain a �ecord of this compliance. A.18 OCCUPATtONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETYJ HEALTH ACT (OSHANVISHA) The SUB-GRANTEE represents and warrants that its work place does now or witl meet all applicable federa! and state safety and health regula6ons that are in effect during the SUB-GRANTEE's performance under this Grant Agreement. To the ex#ent allowed by law, the SUB-GRANTEE further agrees to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liabil�y, damages and costs of any nature, inGuding but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as a result of the failure of the SUB-GRANTEE to so compty. A.19 OWNERSHIP OF PROJECT/CAPITAL FAC1LiTIES The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement, and by tfiis grant of funds does not and will not acquire any ownership interest or title to such property of the SUB- GRANTEE. The SUB-GRANTEE shall assume alt tiabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.20 POLITICAL ACTIVITY No portion of the funds provided herein shail be used #or any partisan political aciivity or to further the election or defeat of any candidate for public office or influenoe the approval or defeat o# any ballot issue. . A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of tfie application for such assistance or any other approval or concurrence und� this Grant Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such seroices, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.22 PUBLICITY The SUB-GRANTEE agrees to submit to the DEPARTMENT prio� to issuanoe all advertising and publiaty matters relating to this Grant Agreement wherein the DEPARTMENT's name is mentioned or language used from which the connection of the DEPARTMENT's name may, in the DEPARTMENT's judgment, be infefred or implied_ The SUB-GRANTEE agrees not to publish or use such advertising and publicity matters without the prior written consent of the DEPARTMENT. The SUB-GRANTEE may copyright original work it develops in the course of or under this Grant Agreement; however, pursuant to 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Grant Agreement sfiall indude an acknowledgement o# FEMA's finanaal support, by CFDA number, and a statement that the publ�cation does not constiiute an endorsement by FEMA or reflect FEMA's views. DHS-FEMA-EMPG-FFY 12 Page 13 of 24 City of Federal Way E12-319 A.23 RECAPTURE PROVISION In the event the SUB-GRANTEE fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws andlor the provisions of the Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Grant Agreement termination. Repaymeni by the SUB- GRANTEE of funds under this recapture provision shall occur within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, inciuding attorney fees. A.24 RECORDS a. The SUB-GRANTEE agrees to maintain all books, records, documen#s, receipts, invoices and all othe� electronic or w�itten records necessary to sufficiently and properiy reflect the SUB-GRANTEE's contracts, grant administration, and payments, including all direct and indired charges, and expenditures in the performance of this Gra�t Agreement (the "records°). b. The SUB-GRANTEE's records related to this Grant Agreement and the projeds funded may be inspec�ed and audited by the DEPARTMENT or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federai officials authorized by law, for the purposes of determining compliance by the SUB- GRANTEE with the terms of this Grant Agreement and to determine the appropriate levei of funding to be paid under the Grant Agreement. c. The recards shall be made availabte by the SUB-GRANTEE for such inspection and audit, together with suitable space for such purpose, at any and aq times during the SUB-GRANTEE's normal working day. d. The SUB-GRANTEE shall retain and allow access to all records related to this Grant Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Grant Agreemen#. A.25 RESPONSIBILlTY FOR PROJECT/STATEMENT OF WORKNVORK PLAN While the DEPARTMENT undertakes to assist the SUB-GRANTEE with the project/statement of work/work plan (projec#) by providing grant funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the SU6- GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB-GRANTEE, or to any third party, other than as is expressly set out in this Grant Agreemeni. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the SUB-GRANTEE, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the SU&GRANTEE shall ensure #hat ail applicabie Federal, State, and iocal permits and clearanoes are obtained, induding but not timited to FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws and executive orders. The SUB-GRANTEE shall defend, at its own cost, any and all claims or suits at law or in equi#y, which may be brought against the SUB-GRANTEE in connedion with the project. The SUB-GRANTEE shall not look to the DEPARTMENT, or to any state or fiederal agency, or to any of their employees or agents, for any perFormance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection with any claim o� lawsuit brough# by any third party related to any design, developmeni, construction, implementation, operation and/or maintenanoe of a project. DHS-FEMA-EMPG-FFY 12 Page �4 of 24 City of Federal Way E12-319 A26 CERTIFICATION REGARDING RESTRiCT10NS ON LOBBYING As required by 44 C�R Part 18, the SUB-GRANTEE hereby certifies that to the best of their knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the SUB-GRANTEE #o any person for influenang or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, #he making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or mod�cation of any federal contract, grant, loa�, or cooperative agreement; (2) that if any funds other than federal appropria�d funds have been paid or will be paid to any person for influenang or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Grant Agreement, grant, loan, or cooperative agreement, the SUB-GRANTEE will comptete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordanoe with its instructions; (3) and that, as applicabte, the SUB-GRANTEE will require #hat the language of this certification be inGuded in the award documents for all subawards at all tiers (including sub-contracts, sub-gra�s, and contracts under grants, loans, and cooperative agreanents) and that all sub-recipients shall ce�tify and disdose accordingly. This cert�cation is a material representation of fact upon which relianoe was placed when this transaction was made or entered into, and is a prerequisite fo� making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.27 SEVERABILITY lf any court of rightful jurisdiction holds any provision or condi#ion under this Grant Agreement or its application to any person or circumstances invalid, this invalidiiy does not affec# other provisions, terms or conditions of the Grant Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Grant Agreement are declared severable. A.28 SUB-CONTRACTING The SUB-GRANTEE shall use a competitive procurement process in the award of any contracts with contracto�s or sub-contractors that are entered into under the original contract award. The procurement process followed shall be in accordance with 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, or with OMB Circular A-110, Uniform Administra#ive Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, as applicable to the SUB-GRANTEE. AIt sub-contracting agreements entered into pursuant to this Grant Agreement shall incorporate this Grant Agreement by reference. A.29 SUB-GRANTEE NOT EMPLOYEE The parties intend that an independert contractor relationship wiil be created by this Grant Agreement. The SUB-GRANTEE, and/or employees or agents performing und� this Grant Agreement are not employees or agents of the DEPARTMENT in any manner whatsoever. The SUB-GRANTEE will not be presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, nor will the SUB-GRANTEE make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington by reason o# this Grant Agreeme�, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or c�edit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW_ DHS-FEMA-EMPG-FFY 12 Page 15 of 24 City of Federal Way E12-319 It is understood that if the SUB-GRANTEE is another state department, state agency, state university, state co�lege, state community coilege, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Grant Agreement. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Grant Agreement, the SUB-GRANTEE shaA be responsible for, pay and maintain in curren# status all taxes, unemployment contributions, fees, licenses, assessments, pe�rnit charges and expenses of any other kind for the SUB-GRANTEE or its staff required by statute or regulation that are applicable to Grant Agreement peKformance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Grant Agreement, the SUB-GRANTEE may terminate this Grant Agreement by providing written natice of such termination to the DEPARTMENTS's Key Personnel identified in the Grant Agreement, spectifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole discretion and in the best interests of the State of Washington, may terminate this Grant Agreement in who�e or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the SUB-GRANTEE. Upon notice of termination for convenience, the DEPARTMENT reserves the right to suspend all or part of the Grant Agreement, withhold further payments, or p�ohibit the SUB-GRANTEE from incurring additional obligations of funds. In the event of termination, the SUB-GRANTEE shall be liable for a11 damages as authorized by law. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR CAUSE In the event the DEPARMENT, in its sole discretion, determines the SUB-GRANTEE has failed to fuffiA in a timely and proper manner its obligations under this Grant Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the SUB-GRANTEE unable to perform any aspect of the Grant Agreement, or has violated any of the covenarrts, agreements or stiputations of this Grant Agreement, the DEPARTMENT has the right to immediately suspend or terminate this Grant Agreement in whole or in part. The DEPARTMENT may notify the SUB-GRANTEE in writing of the need to take corrective action and p�ovide a period of time in which to cure_ The DEPARTMENT is not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as determined solely within the DEPARTMENT's discretion. Any time allowed for cure shall not diminish or eliminate the SUB-GRANTEE's liability for damages or otherwise affect any other remedies available to the DEPARTMENT. 1f the DEPARTMENT allows the SUB-GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB- GRANTEE in wri6ng of the need to take corrective action. If the corrective action is not taken within ten (10) caiendar days or as otherwise specified by the DEPARTMENT, or if such corrective action is deemed by the DEPARTMENT to be insufficient, the Grant Agreement may be terminated in whole or in part. The DEPARTMENT reserves the right to suspend aH or part of the Grant Agreement, withhold further paymen#s, or prohibit #he SUB-GRANTEE ftom incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the SUB-GRANTEE, if allowed, or pending a decision by the DEPARTMENT to terminate the Grant Agreement in whole or in part. tn the event of termination, the SUB-GRANTEE shall be liable for all damages as authorized by law, inGuding but not limited to, any cost difference between the original Grant Agreement and the repiacement or cover Grant Agreement and all administrative DNS-FEMA-EMPG-FFY 12 Page 16 of 24 City of Federal Way E12-319 costs directly related to the replacement Grant Agreement, e.g., cos# of administering the competitive solicitation process, mailing, adve�tising and other associated staff time. The rights and remedies of the DEPARTMENT provided fo� in this section shal! not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the SUB-GRANTEE: (1) was not in default or material breach, or (2) failure to perform was outside of the SUB-GRANTEE's control, fault or negligence, the termination shall be deemed to be a"Termination for Convenience". A.33 TERMINATION PROCEDURES In addition to the procedures set fo�th below, if the DEPARTMENT terminates this Grant Agreement, the SUB-GRANTEE shall follow any procedures specified in the termination no#ice. Upon termination of this Grant Agreement and in addition to any other rights provided in this Grant Agreement, the DEPARTMENT may require the SUB-GRANTEE to deliver to the DEPARTMENT any property specificaliy produced or acquired for the pe�formance of such part of this Grant Agreement as has been termina#ed. If the termination is for convenience, the DEPARTMENT shall pay to the SU& GRANTEE the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the DEPARTMENT prior to the effective date of Grant Agreement termination, and the amount agreed upon by the SUB-GRANTEE and the DEPARTMENT for (i) completed work and services andlor equipment or supplies provided for which no separate price is stated, (ii) pa�tially completed work and services and/or equipment or supplies provided which are accepted by the DEPARTMENT, (iii) other work, services and/or equipment or supplies which are accepted by the DEPARTMENT, and (iv) the protedion and preservation of property. Failure to agree with sucfi amounts shall be a dispute within the meaning of the "Disputes" clause ofi this Grant Agreement. If the termination is for cause, the DEPARTMENT shall determine the ex#ent of the liability of the DEPARTMENT. The DEPARTMENT shall have �o othe� obligation to the SUB-GRANTEE for termination. The DEPARTMENT may withhold from any amounts due the SUB-GRANTEE such sum as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against potentiaf loss or liabil�y. The rights and remedies of the DEPARTMENT provided in this Grant Agreement shall not be exclusive and are in addition b any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the DEPARTMENT in w�iting, the SUB-GRANTEE shalL- a. Stop work under the Grant Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or sub-con#racts for ma#erials, services, supplies, equipment and/o� #acilities in relation to this Grant Agreement except as may be necessary for completion of such portion of the work under the Grant Agreement as is not terminated; c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed by the DEPARTMENT, all of the rights, ti#le, and interest of the SU& GRANTEE under the orders and sub-contracts so terminated, in which case the DEPARTMENT has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and sub-coniracts; d. Settle all outstanding liabilities and ali claims arising out of such termination of orders and sub-contracts, with the approval or ratification of the DEPARTMENT •to the extent the DEPARTMENT may require, which approval or ratification shall be final for ali the purposes of this clause; e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to the e�ent directed by the DEPATMENT any property which, DHS-FEMA-EMPG-FFY 12 Page 9 7 of 24 City of Federa� Way E 7 2-319 if the Grant Agreement had been completed, would have been required to be furnished to the DEPARTMENT; f. Complete performance of such part of the work as shall not have been terminated by #he DEPARTMENT in compiiance with ali contractual requirements; and � g. Take such action as may be necessary, or as the DEPARTMENT may require, for the protection and preservation of the property refated to this Grant Agreement which is in the possession of the SUB-GRANTEE and in which the DEPARTMENT has or may acquire an intefest. A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the Grant Agreement specifically provides fo� different rates, any travel or subsistence reimbursement allowed under the Ag�eement shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43_03.060 as now existing or amended. The SUB-GRANTEE may be required to provide to the Department copies of receipts for any travel retated expenses other than meals and mileage (example: parking) that are authorized under this Agreement. A_35 UTI�IZATION OF MINORITY AND WOMEN BUSINESS ENTERPRlSES (MWBE) The SUB-GRANTEE is encouraged to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this Grant Agreement. The SUB-GRANTEE may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as iden#ified in WAC 326-30-041. A.36 WAIVERS No condifions or provisions of this Grant Agreement can be waived unless approved in advance by the DEPARTMENT in writing. The DEPARTMENTs failure to insist upon strict performance of any provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shati not constitute a waiver of any right under this Grant Agreement. A.37 VENUE This Grant Agreement shall be construed and enforced in accordance with, and the validity and performance shail be governed by the laws of the state of Washing#on. Venue of any suit between the pa�#ies arising out of this Grant Agreement shall be the Superior Court of Thurston County, Washington. The SUB-GRANTEE, by execution of #his Grant Agreement acknowledges the jurisdiction of the courts of the Sta#e of Washington. APPROVED 6/13/2012 DHS-FEMA-EMPG-FFY 12 Page 18 of 24 City of Federal Way E12-319 Exhibit C � 2012 Emergency Management Program Workplan � H > v Agency: City of Federal Way a Required Activities for EMPG eligibility The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, tocai, and tribal emergency management programs. Activities conduded using EMPG fundi� should relate directly to the five elements of emergency management: prevention; protection; response; recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding, howev�er, there are required capabilities that must be conducted in order to remain eiigible for EMPG funding, including the ability to communicate and warn, educate the ublic, train and exerase, lan and be NIMS com liant Core 1 Capability or Recovery Planning EMF General Plan for 12EMPG: Formalize draft of Community Recovery 8� Redevelopment plan. Core Capability or Response / Public Information and Warning Z EMF General Plan for 12EMPG: Continue to engage community in the use of Code-Red and develop soaal media outlet. Core Capability or Response / PubHc and Private Services and Resources - Community 3 education � outreach EMF General Plan for 12EMPG: Continue community outreach programs via Disaster Academies, CERT, Net and other resentations. Core Capability or Recovery 1 Operational Coordination 4 EMF General Plan for 12EMPG: To condud one or more Recflvery Operations Center Table Top Exercises. OHS-FEMA-EMPG-FFY 12 Page 19 of 24 City of Federal Way E � 2-319 Exhibit D MILESTONE TIMELINE FFY12 Emergency Management Performance Grant P MILESTONE TASK June 1, 2012 Start of Gra�rt Agreement performance period August 31, 2013 End of grarrt performance period. October 15, 2013 Submit a!I final reports, requests for reimbursement and/or deiive�ables. DHS-FEMA-EMPG-FFY 12 Page 20 of 24 City of Federal Way E12-319 Exhibit E Budget Sheet FFY12 Emergency Management PerFormance Grant Program Category Amount Salaries and Benefits $12,128 In-Direct Costs $ Travei $ Equipment $ Supplies $ Telephones $ IT $ Printing $ Janitorial / Maintenance $ Subcontractor $ Other $25,026 FFY12 EMPG Award 37,154 • The award for City of Federal Way award is based on the FFY11 allocation factor of 18.1°� of approved local/tribal emergency management operating budgets. • City of Federal Way will provide a match of 50% of the total project cost ($37,154) o# non- federat origin. • A total of 5% of this award can be used to pay for managemen# and administration of this contrad. � Cumulative changes to budget categories in excess of 10% of the contract award will not be reimbursed without prior written authorization from the Depa�tment. • This award will not be used to supplant the IocaUtribal funds. • The DepartmenYs Reimbursement Sp�eadsheet will accompany each reimbursement request submitted. • The Contrador agrees to make all records available to Military Department staff, upon request. Funding Source: U.S. Department of Homeland Security - PI# 723PT - EMPG DHS-FEMA-EMPG-FFY 12 Page 21 of 24 City of Federal Way - E12-319 ATTACHMENT #1 ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET For Compliance With The Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA) The Federai Funding Accountability and Transparency Act {FFATA) was signed on September 26, 2006. The �'FATA legislation requires information on federal awards (federal financial assistance and expenditures) be made availab(e to the public via a single, searchab(e website. Federal awards include grants, subgrants, loans, awards, cooperative agreements and other forms of financial assistance as well as contracts, subcontracts, purchase orders, task orders, and delivery orders. The legislation does not require inclusion of individual transactions below $25,000 or credit card transactions before October 1, 2048. However, if an award is initially below this amount yet later increased, the act is triggered. Due to this variability in comptiance Subrecipients are required by the Military Department to be familiar with the FFATA requirements and complete this Worksheet for each contract for the State's submission in to the FFATA portaL ADDITIONAL PROVlSIONS A. This contract (subaward) is supported by federal funds, requiring compliance with the Federal Funciing Accountability and Transparency Act (FFATA or the Transparency Act) and Office of Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 620�(a) of Public Law 110-252 (see 31 U.S.C. b101 note). By entering into this contract, contractor agrees to provide all applicab(e reporting information to the Washington Military Department (WMD) required by FFATA and OMB Guidance. B. The FFATA requires the OMB to establish a pubiicly available online database (USASpending.gov) containing information about entities that are awarded Federal grants, (oans, and contracts. As required by FFATA and OMB Guidance, certain information on the first-tier subawards related to Federal contracts and grants, and the executive compensation of awardees, must be made publiciy available. C. For new Federai grants beginning October 1, 2010, if the initial subaward is equal to or greater than $25,000, reporting of the subaward and executive compensation information is required_ If the initial subaward is below $25,000 but subsequent grant modifications result in a total subaward equal to or over $25,000, the subaward will be subject to the reporting requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or exceeds $25,000 but funding is subsequently de-obligated such that the total award amount falls betow $25,000, the subaward continues to be subject to the reporting requirements of the Transparency Act and OMB Guidance. D. As a Federal grant subawardee under this contract, your organization is required by FFATA, OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all information required for FFATA comp(iant reporting by WMD. This includes all applicable subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS number, and relevant executive compensation data, as applicable. l. Data about your organization will be provided to USASpending.gov by the WMD or by the Federal Contractor Registry (CCR). CCR is a government wide � registration system for organizations that do business with the Federal Government. CCR stores information about awardees including financial account DHS-FEMA-EMPG-FFY 12 Page 22 of 24 City of Federal Way � E12-319 � information for payment purposes and a link to D&B for maintaining current DUNS information, www.ccr.gov. WMD encourages CCR registration and annual renewal by your organization to minimize unnecessary data entry and re- entry required by both WMD and your organization. It will aiso reduce the potential of inconsistent or inaccurate data entry. 2. Your organization must have a Data Universat Numbering System (DtJNS) number obtained from the firm Dun and Bradstreet (D&B) (www.dnb.com). A DUNS number provides a method to verify data about your organization. D&B is responsible for maintaining unique identifiers and organizationai linkages on behalf of the Federal Government for organizations receiving Federal assistance. E. 'The WMD, as the prime awardee, is required by FFATA to report names and total compensation of the five (5) most highly compensated officers of your organization (as the subawardee) if: I. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or more of its annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal awards; and 2. The public does not have access to this information about the compensation of the senior executives of your organization through periodic reports fited under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internai Revenue Code of 1986. "Totat compensation" for purposes of this requirement generally means the cash and non-cash value earned by the executive during the past fiscal year and includes salary and bonus; awards of stock, stock options and stock appreciation rights; and other compensation such as severance and termination payments, and value of life insurance paid on behalf of the employee, and as otherwise provided by FFATA and applicabie OMB guidance. F. If (1) in the preceding fiscal year your organization received 8a percent or more of its annual gross revenues from Eederal awards and $25,000,000 or more in annua( gross revenues from Federal awards, and (2) the public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internat Revenue Code of i 986, insert the names and total compensation for the five most highly compensated officers of your organization in the table below. DHS-FEMA-EMPG-FFY 12 Page 23 of 24 City of Federal Way E12-319 WORKSHEET Subrecipient Agency: C j�� of Fe�e►�� wQy Grant and Year: a(' J� Completed by: n Name K�i y ��"olf Date Completed: is your grant agreement less than $25,000? !n your preceding fiscal year, did your organization receive 80°h or more of its annuai gross revenues #rom federai funding? r �� .�` ` �< �. � ��,� .. , � �� ' �.,�:. In your preceding fiscal year, did your organization receive $25,000,000 or more in federal funding? . � �' � '�� °� �� Does the public have access to information about the total compensation' of senior executives in your organization? � y,, 4 +T:y'. � 3 3�, �FR! . � :a � �v?�P... . .: �,*, �" �� d s`;�' , a 3. ,. ��,� d � Executive #1 Name:� Total Compensation amount: $ Executive #2 Name: Total Compensation amount $ Name: Executive #3 Tota! Compensation amount: $ Executive #4 Name: Totat Compensation amount: $ Executive #5 Name: Tota! Compensation amount: $ , Agreement Number: �ja � �� 9' Trtle /%/1�7'� �ltii�rS�t�y /�'�t�yeY YES STOP, no further analysis NO �' needed, GO to Step 6 � , � ,,�� , � . ,,. �, � ,� v � YES NO �.., , GO to STEP 3 �, _ �l7 ' ±�� .l�(p 3��Ea':'��A44} d�� i:��d��!,�ayFF�, �4�s�;1 YES NO �- , GO to STEP 4 �-- , YES STOP, no further analysis NO (� ' needed, GO to step 6 �' as�-��- GO to Step 2 STOP, no further analysis needed, GO to Step 6 �'li', 5';�ifi STOP, no further analysis needed, GO to Step 6 GO to STEP 5 If your organization does not meet these criteria, specifically identify below each criteria that is not met for your organization: For Exam le: "Our or anization received less than 25 000." G�fY o� Fr,1ev�l L✓'�Y �� v�o V'e«i ve &-�� oY rnore oF t�y' � HNHti/ S�'of� Y'c v'evtueJ fvd� (e,le�;� �ud�w�� Signature: �� S�� Date: ��°�7��0�� ' Total compensation refers to: • Salary and bonuses • Awards of stock, stock opti ons, and stock appreciation rights • Other compensation including, but not limited to, severance and termination payments • Life insurance value paid on behalf of the employee Additional Resources: http:!/www_whitehouse. gov/om b/open http:l/www. hrsa.gov/grants/ffata.html http://www. gpo.gov/fd sys/pkg/FR-2010-09-14/pd#/2010-22705.pdf http://www. grants. gov/ DHS-FEMA-EMPG-FFY 12 Page 24 of 24 ..4 City of Federal Way E12-319 COUNCIL MEETING DATE: September 18, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: AMENDMENT FOR ROOFING SERVICES FOR THE CITY OF FEDERAL WAY POLICY QUESTION: Should the City Council authorize an amendment to the roof maintenance agreement contract with Wright Roofing Inc.? COMMITTEE: PRHSPS CATEGORY: � Consent ❑ City Council Business � � Ordinance Resolution MEETING DATE: Sept. 11, 2012 ❑ Public Hearing ❑ Other STAFF REPORT BY: ROB ETTINGER, DUMAS BAY CENTRE COORDINATOR DEPT: PRCS .......................................................... ............. . . _ ..........................................................................._...._............................_.._............_..................___.......__..._._.._._.._..........................._...................... Wright Roofing has been performing city wide roof maintenance services since November 16, 2011. The funding for this contract is being amended to include $90,000 for the Dumas Bay Centre main roof repair as well as an additional $40,000 in funds for roofmg repairs throughout the city. The funding for the Dumas Bay Centre roof repair is coming out of the reserve funds that were carried forward in the year end carry forward budget adjustment in 2011. The additional funds for the roof maintenance contract are being increased to cover any additional future roofing repairs City wide. Attachments: None Options Considered: Option 1— Approve the proposed contract amendment with Wright Roofing to provide roofmg services for the City of Federal Way and authorize the Mayor to execute the amendment. O tion 2— Do not a rove the contract amendment and provide direction to staff P ............................................... . ........P� ................................................................................................................................... . _...........__._.........._......._............._..._..._.._._.._._.....-----........_.............. MAYOR'S RECOMMENDATION: Option 1: Approve the proposed contract amendment with Wright Roofing to provide roofing services for the City of Federal Way and authorize the Mayor to execute the amendment. MAYOR APPROVAL: ,��G�e� ,, I��(_ DIRECTOR APPROVAL: _��%�� ommi e Cou c� Iti�� COMMITTEE RECOMMENDATION "I move to forward the approval of the proposed contract amendment with Wright Roofing with a total compensation of $150,000 and authorize the Mayor to execute the amendment to the September 18, 2012 consent agenda for approval. \ �`' Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed contract amendment with Wright Roofing with a total compensation of $1 S0, 000 and authorize the Mayor to execute the amendment. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) CO[JNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances on[y) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: September 18, 2012 ITEM #: l_ a. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SHOULD COUNCIL ADOPT THE PROPOSED RESOLUTION ESTABLISHING A CASE WEIGHTING SYSTEM FOR PUBLIC DEFENDERS? POLICY QUESTION: Should the City Council adopt the proposed resolution establishing a case weighting system for public defenders as authorized by the Supreme Court Order? COMMITTEE: PRHS&PS CATEGORY: ❑ Consent �j City Council Business ❑ Ordinance � Resolution MEETING DATE: 9/11/12 ❑ Public Hearing ❑ Other STAFF REPORT BY: Ma�or Priest DEPT: Mayor's Office Attachments: Proposed resolution and policy establishing a case weighting system as authorized by the Supreme Court Order, and application of the weighting system for the 2011 public defender cases. Options Considered: 1. Adopt the proposed resolution. 2. Modify the proposed resolution. 3. Reject the proposed resolution. MAYOR'S RECOMMENDATION: Option I MAYOR APPROVAL: ��G�� i��i� DIRECTOR APPROVAL: Comm�m e Counci In�aal COMMITTEE RECOMMENDATION:1 move to forward the resolution adopting a case weighting system for public defense standards to the September 18, 2012 sen�en,t agenda for approval. �v.y,G' 1 '�J�.�v�2..,5 � T— 1 O 'J Committee Chair Com ittee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the resolution establishing a case weighting system. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # ❑ DE1vIED lss reading ❑ TABLED/DEFERRED/NO ACTIOI�i Enactment resding ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 08/12/2010 RESOLiJTIOPi # RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, Adopting a Case-Weighting System for Public Defense Standards. WHEREAS, the Washington Supreme Court issued an Order June 1 S, 2012 esta.blishing numeric caseload standards for public defenders; and VVHEREAS, Standard 33 provides that the City may implement a case-weighting system, provided the City Council adopts and publishes it; and WHEREAS, the case weighting system has been reviewed by public defense attorneys, municipal court judges, and representatives from the Office of Public Defense. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Case Wei ting Svstem. T'he attached policy and numerical weighting of cases is adopted. Section 2. Severabilitv. If any section, sentence, ciause or phrase of this resolution should be heid to be invalid or unconstitutional by a court of campetent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary conections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Resolution No. 12- Page 1 of 2 Rev 1/10 Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and �rmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 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 2 of 2 Rev 1/1Q APPLICATION 2011 Cases Total cases filed 3733' 1. The Court did not accept any resolution of criminal charges at arraignment. 17 defendants proceeded as pro se after completing the attorney waiver documents and acceptance by the Court. AlI 17 cases were resolved at pre-trial. 2. Crimes that may be reduced to infractions at arraignment and not assigned a public defender include: a. DWLS 32 b. Failure to Transfer Title within 45 days c. Failure to obey a police officer d. Providing False Evidence of Financial Responsibility e. Trip Perm�t Violation f. Failure to Register Title g. Cancelled Vehicle Registration h. No Valid Operator's License in the First Degree i. No Occupational Driver's License j. Driving on Another State's License while Suspended in Washington 3. 915 cases were reduced to infractions and not assigned a public defender Subtotal criminal cases (3733 — 915 = 2818) 2818 Primary public defense firm, Stender/Zumwalt assigned 16743 Guilty pleas at arraignment =1 case4 100 Cases that proceeded to trial (including 4 DV and 2 DUn 12 Subtotal of cases to be weighted 1562 DV 2405 SOC 95 reduce to 1/3 DYcount (240-95=145+ (95-3=32) =177) 177 DUI 976 SOC 71 reduce to 1/3 DUI count (97-71=26+ (71-3=24) = SO) 50 � The City has 4 prosecutors, which is 934 cases each. The counted cases do not factor in the weighting system, but include all cases at arraignment. It does not include declines, appeals, asset forfeitures, or contested infi-actions. Z Filing DWLS 3 as a crime allows the prosecution to view criminal history because a new DWL3 violation mandates a 30 days of incarceration if the defendant is currently on DUI probarion_ 3 1674 is the actual number of cases, but disposition of criminal chazges at arraignment was not separated. 100 are added to the total cases. 4 The number for guilty pleas at arraigrunent was provided by OPD, is not exact, and is really counted in 1674. S Number excludes the 4 trials. 6 Number excludes 2 trials. SOC = (197 -3 = 66) Deferred Sentence = (151 = 3 = 51) Deferred Prosecution = (20 = 3 = 7) Subtotal remainder cases to weight (1674-100-12-177—SO-66-51-7=1211) Weight 1/3 per attachment� TOTAL CASES (1211-3 = 404) (100+12+177+50+66+51+7+404 = 86?) Four attorneys dedicated for Federal Way (867 = 4 = 217) 66 51 7 1,211 404 867 217 per attorney (w/out factoring ezperience) 5% quarterly or 20% annually accounting time in court for arraignments/first appearances when not assigned as counsel and before screening (217x.20=44+(217)=261) 261 per attorney (w/out factoring ezperience) ***Assuming 10% of weighted cases at 2/3; it would add 10 cases per attorney K:�Resolution�2012 public defense standards application � This includes those cases the public defender resolves early and the Order says to count at 1/3. CITY OF FEDERAL WAY PUBLIC DEFENSE STANDARDS October 1, 2012 Policy: Provide high quality public defense services by engaging experienced public defenders. Definition of a Case: A case is defined as the filing of a document, which may include multiple citations from the same incident, wiih the court naming a person as a defendant or respondent, to which an attorney is appointed in order to provide representation.l Definition of Appointment. Appointment of a public defender is defined as assignment to represent a defendant as a result of indigent screening. The caseload for attorneys with less than five years misdemeanor and/or gross misdemeanor experience will be 3Q0 weighted cases per year.2 (300 cases/year = 48 weeks (240 working days) = 6.25 cases/week = 5 days = 1.25 cases/day) The caseload for attorneys with at least five years misdemeanor and/or gross misdemeanor criminal experierice increase caseload will be increased to a total of 450 weighted cases per yeaz.3 (450 cases/yr = 48 weeks (240 working days) = 9.375 cases/week = 5 days = 1.875 cases/day) The caseload for attorneys with at least five years misdemeanor and/or gross misdemeanor coupled with five years felony criminal experience will be increased to a total of 540 cases per year.4 (540 cases/yr = 48 weeks (240 working days) = 11.25 cases per week = 5 days = 2.25 cases/day) Policy: Provide Public Defenders at the arraignment or first appearances even though the defendant has not been screened to determine qualifications for indigent defense. The Municipal Court of Federal Way has a daily in custody calendar, wtvch includes arraignmentslfirst appearances; and an out of custody arraignment calendar one day per week, which includes arraignments 5 Through contract negotiations the Primary Public Defense Firm serves as attorney of the day at all arraignments to provide information and counsel to all defendants even though they may not be appointed to defend them. ' Standard 3.3 Defmition of a case. z Standard 3.4 Three hundred misdemeanor cases per year if adopt weighting system. 3 Standard 3.3 Experience is a factor ° Standard 33 Experience is a factor 5 CRLJ 3.1 Right to an attorney in all criminal proceedings Updated 9-5-12 As a result, the City recognizes the additional time, but will not count each matter as a case because it does not meet the definition of a case per the Supreme Court Order (i.e. the attorney has not been assigned to the .case), and it could be an unconstitutional gift of public funds for those defendants who are not indigent. However, the City's calculation of cases under the weighting system identified below will address the additional time at arraignment by counting it as five percent (5%) quarterly cases assigned for the entire firm to be divided 6 Policy: The City wiil follow the guidelines of the Supreme Court Order and weight misdemeanor cases. Stipulated Orders of Continuance (SOC), Deferred Prosecution (DP), Deferred Sentence (DS), or other alternative disposition weighted 1/3.' Also, pursuant to the Supreme Court Order the City will count guilty pleas at arraignment as 1 case, because the Public Defender has been assigned the case .8 Policy: The City will weigh Federal Way crimes as listed in the attached Exhibit A 9 The weighting was provided by the public defenders, reviewed by the Municipal Court Judges, and presented to Office of Public Defense representatives before implementation. In the event there are multiple charges for the same incident, the case will be weighted using the highest weighted charge as the total measure for that case. The case count for any case that proceeds to trial will convert to one and no longer count as a fraction. Policy: The City will continue to utilize alternatives and considers the review/probation hearings as part of an ongoing case.10 A review/probation hearing will only be counted as a case if the defendant was previously represented by a different public defense frm.� 1 A review/probation hearing without a new criminal charge under this definition will count as 1/3 of a case.12 A review/probation hearing with a new criminal charge will remain as weighted at the time of the original assignment and the new charges will be weighted pursuant to Exhibit A, but only if the new charge is brought in Federal Way Municipal Court.13 6 Standard 3.3 Caseloads should factor in the rype of cases and time involved ' Standard 3.6 (B)(v) Stipulated Order of Continuance, Deferred Prosecution and Defened Sentence can be weighted 1/3 8 Standard 3.5 Guilty pleas at arraignment count as one case 9 Standard 3.6 Cases may be weighted upwazds or downwards depending upon complexity lo Standard 3.6 Cases may be weighted downwards " Standard 3.6 Cases may be weighted downwards 12 Standard 3.3 Matters not involving a new criminal chazge may be weighted 13 Standard 3.5 A new charge is to be treated as a case; the weight depends upon the comple�ty Updated 9-5-12 2 EXHIBIT A CHARGE FWRC WEIGHT ABANDOING OR DISCARDING 6.75.010 REFRIGERATION EQUIPMENT 2/3 ABANDONMENT OF A DEPENDENT 6.20.010 PERSON IN THE THIRD DEGREE 1 ABANDONMENT OF A DEPENDENT 6.20.010 PERSON IN THE THIRD DEGREE, 1 Domestic Violence ACTS PROHOBITED BY 12.15330 PAWNBROKERS AND SECONDHAND DEALERS 1�2 ACTS PROHIBITED-TOBACCO 6.20.040 l/3 AGGRESSIVE BEGGING 6.35.030 1 AIMING OR DISCHARGE OF A 6.25.010 FIREARM 1 AIRGUN — UNLAWFUL USE 6.25.020 1 ALLOWING A MINOR TO FREQUENT 6.10.010 TRAVEN 1/3 ALLOWING UNAUTHORIZED PERSON 8.05.010 TO DRIVE 1/3 ALTERED SERIAL NUMBERS ON 6.25.010 VEHICLE / WEAPON 1/2 ANIMAL CONTROL VIOLATIONS (City 9.18.100 Com laint) 1 ANIMAL CRUELTY, Abuse 9.18.010 1 ANIMAL CRUELTY, Transporting or 6.75.030 Conf'min 1 ASSAULT IN THE FOURTH DEGREE 6.35.010 1 ASSAULT IN THE FOURTH DEGREE, 6.35.010 Domestic Violence 1 ATTEMPTED THEFT 6.05.060 1/3 BARRATRY RCW 9.12.010 6.40.010 1/3 BAIL JUMPING 6.50.030 2/3 BOXING, MARTIAL ARTS, WRESTLING 6.55.025 2/3 BUYING,DEMANDING OR PROMISING REWARD TO PUBLIC OFFICIAL RCW 9.12.020 6.40.010 2/3 CAMPING IN THE PARK 4.05.160 1/3 CANCELLEB LICENSE PLATE OR 8.OS.Ol4 REGISTRATION � 1/3 CARRYING A CONCEALED PISTOL 6.25.010 � WITHOUT A LICENSE 2/3 Updated 9-5-12 CARRYING OR DISPLAY OF VVEAPONS 6.25.010 RCW 9.41.270 1/3 COERCION 635.0 l 0 1 COERCION, Domestic Violence 6.35.010 1 COMMERCIAL LICENSE REQUIRED 8.05.010 1/3 COMMUNICATION WITH MINOR FOR 6.45.Q80 IMMORAL PURPOSES 1 CONCESSIONS WITHOUT CONTRACT 4.05.180 1/2 CONSPIRACY 6.05.060 2/3 CONTEMPT OF COURT 6.05.050 2/3 CONTRIBUTING TO THE 6.20.020 DELINQUENCY OF A M1NOR 1/2 CRIMINAL IMPERSONATION IN THE FIRST DEGREE RCW 9A.60.040 6.40.010 1 CRIMINAL IMPERSONATION IN THE SECOND DEGREE 9A.60.045 6.40.010 1 CUSTODIAL INTERFERENCE IN THE 6.35.050 SECOND DEGREE 1 CYBERSTALKING 6.35.010 1 DISORDERLY CONDUCT 6.55.010 1/3 DISORDERLY CONDUCT IN A CITY 6.55.055 pARI{ 1/3 DISRUPTTON OF SCHOOL ACTIVITIES 630.040 2/3 DRIVING UNDER THE INFLUENCE OF 8.05.010 INTOXICATING LIQUOR 1 DRIVING WHILE LICENSE SUSPENDED 8.05.010 OR REVOKED 1 1�2 DRIVING WHILE LICENSE SUSPENDED 8.05.010 OR REVOKED 2 1/2 DRIVING WHILE LICENSE SUSPENDED 8.05.010 OR REVOKED 3 1/3 DRIVING WITH ANOTHER STATE'S 8.05.010 LICENSE WHIT,E SUSPENDED IN WASHINGTON RCW 46.20345 1/3 DRUG LOITERING 6.10.090 1/3 ELECTRONIC BENEFIT CARDS 6.40.010 1/3 RCW 74.08.580 ENCUMBERED, LEASED OR RENTED PERSONAL PROPERTY RCW 9.45.060 6.40.010 1/3 ESCAPE IN THE THIRD DEGREE 6.50.040 2/3 EXPOSING CHILDREN TO DOMESTIC 6.35.070(3) VIOLENCE 1 Updated 9-5-12 FAILING TO OBTAIN INITIAL 8.05.010 REGISTRATION 1 /3 FAILURE TO DISPERSE 6.55.020 1/3 FAILURE TO GIVE INFORMATION, 8.05.010 RCW 46.61.020 1/3 FAILURE TO OBEY POLICE OFFICERS, 8.05.010 FLAGMAN OR FIRE FIGHTERS 46.61.021 or .22 1 /2 FAILURE TO OBTAIN A TEMPORARY 12.25.010 and BUSINESS LICENSE 7.05.070 2/3 FAILURE TO OBTAIN LICENSE FOR 6.40.050 MASSAGE PRACTTTIONERS 2/3 FAILURE TO OBTAIN REGISTRATION 8.05.010 1/3 FAILURE TO TRANSFER TITLE OVER 8.05.010 45 DAYS 1/3 FALSE CERTIFICATION RCW 9A.60.050 6.40.010 1/3 FALSE EVIDENCE OF FINANCIAL 8.05.010 RESPONSIBILITY / 1NSURANCE CARD 1/3 FALSE REPORTING 6.50.030 1/3 FALSE STATEMENT TO A PUBLIC 6.50.030 SERVANT RCW 9A.76.175 1/3 FORGERY, NONFELONY 6.40.030 1 FRAUD IN ASSIGMENT FOR BENEFIT OF CREDITORS RCW 9.45.100 6.40.010 1/2 FRAUD OPERATING COIN BOX IN TELEPHONE OR OTHER RECEPTACLE RCW 9.26A.120 6.40.010 1/3 FRAUDLENT POSSESSION, 8.OS.OlO ALTERATION, OR DISPLAY OF A LICENSE 46.20.092(1) 1/3 FRAUDULENT REMOVAL OF PROPERTY RCW 9.45.080 6.40.010 1/3 FURNISHING LIQUOR TO A MINOR 6.10.020 2/3 GRAFFITI 6.30.020 1 GRAFFITI TOOLS 6.30.050 2/3 HARASSMENT 6.35.040 1 HARASSMENT, Domestic Violence RCW 6.35.040 9A.46.020 1 HARBORiNG A MINOR / RUNAWAY 6.20.010 1 HIT AND RUN, ATTENDED VEHICLE 8.05.010 RCW 46.52.420 1 HIT AND RUN, PROPERTY DAMAGE 8.05.010 RCW 46.52.010 2/3 HIT AND RiJN, UNATTENDED VEHICLE 8:05.010 2/3 HUFFING 6.10.070 1 Updated 9-5-12 IDENTITY THEFT — NON-FELONY 6.40.025 1 IMPERSONATION 6.40.Q 1 Q 1 IMPERSONATION — POLICE OFFICER 6.40.010 1 1NDECENT EXPOSURE TO A PERSON 6.45.020 OVER 14 l INDECENT EXPOSURE TO A PERSON 6.45.020 UNDER 14 1 iNTERFERING WITH THE REPORTING 635.070 OF DOMESTIC VIOLENCE, Domestic Violence 1 ID THEFT 6.44.025 1 1NTIMIDATING SCHOOL EMPLOYEE 6.75.010 1 ISSUANCE OF CHECKS OR DRAFTS 630AI0 1 KNOWLINGLY RECEIVING FRAUDULENT CONVEYANCE RCW 9.45.090 6.40.010 1 /3 LEAVING AN UNLOCKED PISTOL 1N A 6.25.010 VEHICLE 2�3 LEAVING CHILDERN UNATTENDED IN 6.20.030 PARKED VEHICLE 1 LITTERING IN A PARK 4.05.330 1/3 LITTERING OVER ONE CUBIC FOOT 6.75.020 1/3 LITTERING OVER ONE CUBIC YARD 7.75.020 1/3 MAI�ING A FALSE STATEMENT TO A 6.50.030 PUBLIC SERVANT RCW 9A.76.175 1/3 MAI�ING OR HAVING BURGLAR 6.30.030 TOOLS 2�3 MALICIOUS MISCHIEF IN THE THIRD 6.30.020 DEGREE 2�3 MALICIOUS MISCHIEF IN THE THIRD 630.020 DEGREE, Domestic Violence 1 MENACING 6.35.020 1 MANUFACTURE OR SALE OF SLUGS TO BE USED AS COINS RCW 9.26A.130 6.40.010 2/3 MINOR ATTEMPTING TO PURCHASE 6.10.020 ALCOHOL 2�3 MINOR INTOXICATED IN PUBLIC 6.10.020 1/2 MINOR FREQUENTING TRAVEN 6.10.010 1/2 MINOR IN POSSESSION OF LIQUOR 6.10.020 RCW 66.44.270 2�3 MINOR MISREPRESENTING AGE 6.10.010 2/3 MINOR OPERATING VEHICLE AFTER 6.05.010 ALCOHOL CONSUMPTION ALCOHOL 1 MISTREATMENT IN THE FOURTH 6.20.010 DEGREE 1 Updated 9-5-12 MISTREATMENT IN THE FOURTH 6.20.010 DEGREE, Domestic Violence 1 MISUSING OF DEALER PLATES 8.OS.OIO 1/3 MOCK AUCTIONS RCW 9.45.070 6.40.010 1/3 NEGLIGENT DRIVING IN THE FIRST 8_05.010 DEGREE 1 NO VALID OPERATOR'S LICENSE 8.05.010 WITHOUT IDENTIFICATION 1/3 OBSTRUCTING A PUBLIC OFFICER 6.50.010 2/3 OPERATING A VEHICLE WITHOUT 8.05.010 IGNITION 1NTERLOCK 1/2 PARK AFTER HOURS (City Com laint 4.05.060 1/3 FATRONIZING A PROSTITUTE 6.45.070 1/3 PARK FIRE 4.05.210 PERMITTTNG UNLJSED EQUIPMENT TO 19.05340 REMAIN ON PREMISES I PHYSICAL CONTROL OF A 1VIOTOR 6.15.010 VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATION (under 21 ears 1 PHYSICAL CONTROL 6.15.010 1 PISTOL ALTERING 6.25.010 2/3 PISTOL WITHOUT PERMIT 6.25.010 2/3 PISTOL IN VEHICLE 6.25.010 2/3 POSSESSION OF A LEGEND DRUG 6.10.030 WITHOUT PRESCRIPTION 2/3 POSSESSION OF ANOTHER'S IDENTIF"ICATION RCW 9A.56.130 6.40.010 1/3 POSSESSION OF DANGEROUS WEAPON 6.25.010 1 POSSESSION OF DANGEROUS WEAPON 6.25.010 ON SCHOOL PROPERTY 1 POSSESSION OF DRUG 6.10.040 PARAPHERNALIA 1/3 POSSESSION OF EPHREDINE, 6.10.030 PSEUDOPHREDINE, PHENYLPROPANOLAMINE 1/3 POSSESSION OF FIREARM AT LIQUOR 6.25.030 SALE PREMISES Ci Com laint 1/3 POSSESSION OF MARINANA 6.10.030 1/3 Updated 9-5-12 POSSESSION OF PISTOL BY PERSON 6.25.010 AGE 18 TO 21 1/3 POSSESSION OF STOLEN ID 6.40.010 1/3 POSSESSION OF STOLEN PROPERTY 1N 6.30.010 THE THIRD DEGREE 2/3 POSSESSION, USE AND DISCHARGE OF 12.55.070 FIREWORKS 1 /2 PROSTITiJTION 6.45.040 1 /3 PUBLIC DIST'URBANCE NOISES 7.10.020 1/3 RACING 8.05.010 1 RECKLESS BURNING IN THE SECOND 6.60.010 DEGREE 1 RECKLESS DRIVING RCW 46.61.500 8.05.410 1 RECKLESS ENDANGERMENT 6.35.010 1/3 RECKLESS ENDANGERMENT OF 8A5.010 ROADWAY WORKER 1/3 RECKLESS ENDANGERMENT, Domestic 6.35.010 Violence 1 REFUSAL TO GIVE INFORMATION TO 8.05.010 OR COOPERATE WITH POLICE RCW 46.61.020 1 /2 RENDERING CRIMINAL ASSISTANCE 6.50.030 IN TI� THIRD DEGREE 1/3 RENDERING CRIMiNAL ASSISTANCE 6.50.034 1N THE SECOND DEGREE 1/2 RESISTING ARREST 6.50.030 2/3 RIDING IN A PARK 1.10.010 4.05.040 4.05340 1/3 RIOT 6.55.020 1 STALKING 635.040 I STRANGULATION, Domestic Violence 6.35.070 2 1 SUSPENSION OF REGISTRATION RCW 8.05.010 46.29.605 (Sus ended Plate 1/3 TAKING , CONCEALING, OR INJURING 6.75.030 A PET ANIMAL 1 TAMPERING WITH EVIDENCE 6.50.030 1 TAMPERING WITH FIRE 6.60.020 1 TAX ON CIGARETTES 6.75.110 � 2/3 TELEPHONE HARASSMENT 635.010 1 TELEPHONE HARASSMENT, Domestic 6.35.010 Violence 1 THEFT IN THE THIRD DEGREE 6.30.010 1/3 Updated 9-5-12 THEFT IN THE THIRD DEGREE, 6.30.010 Domestic Violence 1 THEFT OF MOTOR VEHICLE FUEL 8.05.010 1/2 THEFT OF RENTAL PROPERTY 6.30.010 1/3 THEFT OF SHOPPING CART 6.30.010 1/3 THROWING OBJECTS AT CAR5 6.75.050 1.10.010 1/2 TR.ANSFER TO MINOR OF 6.10.010 IDENTIFICATION CARD lL3 TRESPASS (.70) 1=INSIDE BUILDING ; 6.30.030 .80) 2=0N PREMISES / PROPERTY 1/3 TRESPASS, Domestic Violence 6.30.030 1 UNAUTHORIZED CAMPING IN A PARK 4.05.160 4.05.040 1.10.010 1/3 LJNLAWFUL BUS CONDUCT 6.75.010 1/3 UNLAWFUL ISSUANCE OF CHECKS 6.30.010 2/3 UNLAWFUL PRACTICES — OBTAINING ASSISTANCE — DISPOSAL OF REALTY RCW 74.08.331 6.40.010 1 UNLAWFUL USE OF DEALER PLATES 8.05.010 1/3 UNLAWFUL USE OF AIR GUN 6.25.020 URINATING IN PUBLIC 6.45.090 1/3 VEHICLE PROWLING IN THE SECOND 6.30.030 DEGREE 1/3 VEHICLE PROWLING TOOLS (City 6.30.060 Com laint) 1/3 VIOLATION OF ANIMAL CONTROL 6.30.060 REGULATIONS 1 VIOLATING A STAY OUT OF AREAS OF 6.42.110 PROSTITUTION ORDER 1/2 VIOLATION OF A CIVIL 635.060 ANTIHARASSMENT ORDER & KCSC VIOLATION OF ORDER FOR PROTECTION - AH 1 VIOLATION OF A CIVIL 635.060 ANTIHARASSMENT ORDER, Domestic Violence 1 VIOLATION OF A NO CONTACT 6.35.040 ORDER, Domestic Violence 1 VIOLATION OF A NOTICE AND ORDER 1.15.040 TO CORRECT 1 * VIOLATION OF A PROTECTION ORDER, 6.35.060 Domestic Violence 1 VIOLATION OF A RESTRAINING 6.35.070 ORDER 1 Updated 9-5-12 VIOLATION OF A RESTRAINING 6.35.070 ORDER, Domestic violence 1 VIOLATION OF A VOLUNTARY 1.15.050 _ CORRECTION AGREEMENT 1 * VIOLATION OF AN ORDER TO CEASE 1.15.030 ACTIVITY 1 * VIOLATION OF LICENSE FOR 12.40.070 BATHHOUSE ATTENDANTS 1 * VIOLATION OF OCCUPATIONAL 8.05.010 DRIVER'S LICENSE 1/3 VIOLATION OF STANDARDS OF 12.10.220 CONDUCT 1 VIOLATION OF THE HOUSING CODE 1.10.010 13.05.070 13.35.010 � 1* VIOLATION OF VEHICLE TRIP PERMIT 8.05.010 1/3 VIOLATION OF ZONING CODE 19.05.344 1* WEAPONS IN COURT 625.040 2/3 WEAPONS IN PROHIBITED AREA 6.25.040 2/3 WEAPONS IN SCHOOL 6.25.010 1 PUBLIC DISTURBANCE NOISES 7.10.020 1/3 An and all misdemeanors not listed above 1/3 Any and a11 gross misdemeanors not listed above 1/2 The case count for any case that proceeds to trial wiil convert to one and no longer count as a fraction. *Zoning violations. Defendant will not likely qualify for a public defender. K:�resolution�2012\public defender weighting attachment Updated 9-5-12 10 COUNCIL MEETING DATE: September 18, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUB3ECT: GENERAL LIABILITY INSURANCE POLICY QUESTION: Should the City CounciI change insurance carriers from Washington Cities Insurance Authority to the following companies: (1} Brit for primary liability up to S Million Dollars; (2) Torus for excess coverage above 5 Million Dollars; (3) Philadelphia for property insurance; and (4) Travelers for crime, fdelity, forgery and faithful performance? COMMITTEE: N/A CATEGORY: ❑ Consent � City Council Business ■ ■ Ordinance Resotution MEETING DATE: ❑ Public Hearing ❑ Other STAFF REPORT BY: Pat Richardson Ci Attome __ __ ________ ___ ____ ___ DEPT: Law _— .....-----......_...---...._.._ _.._ _. _. . _.._._._...--------._.._— � ._ t�'.------- � �-- Attachments: Staff report Table comparing the costs for specified coverage. Options Considered: 1. Authorize the City Attorney to formally notify WCIA that the City is withdrawing from the insurance pool and authorize the Mayor to eaecute the necessary documents for insurance from the identified companies. 2. Authorize the City Attorney to formally notify WCIA that the City will be staying with the insurance pool. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: _7��Z?i�D DIRECTOR APPROVAL: / n/� Comm�aec Counc' �d� COMMITTEE RECOMMENDATION: N/A. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: `7 move approval of Option " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERREDlPiO ACTION Enactment reading ❑ MOYED TO SECOND READING (ordirumces only) ORDINANCE # REVISED- 08/12/2010 RESOLUTION # C1TY OF � �� F�d�eral 1�Uay CITY ATTORNEY'S OFFICE MEMORANDUM DATE: SEPTEMBER 14, 2012 TO: CITY COUNCIL MEMBERS CC: MAYORPRIEST �,��(j , FROM: PAT RICHARDSON, CITY ATTORNEY �` ` SUBJECT: INSURANCE CARRIER BACKGROUND The City joined the Washington Cities Insurance Authority ("WCIA") in September 2008. Pursuant to the interlocal agreement with WCIA, the City agreed to remain with the pool for three years followed by one-year increments. The premiums for WCIA continue to increase despite the reduction in worker hours and the limited application of WCIA's monies for matters above the $100,000 deductible. For example, in 2009 the premium for general liability was $329,842; in 2010 it was $349,544; and in 2011 it was $383,161. Under the interlocal agreement the City needed to notify WCIA of its intent to withdraw from the pool twelve (12) months in advance. Given the historical rise in premiums and other factors, the City did provide notice in 2011 of its intent to withdraw from the pool. MARKET ANALYSIS The City issued a Request for Proposal for insurance broker services and selected a broker for the purpose of conducting a market analysis of insurance carriers for the City. Staff worked with the broker to provide loss history statistics and to complete generic applications for the marketing analysis. On July 30�' WCIA notified the City that the preliminary assessment for generai liability was raising to $636 (an increase of $251,000). Property coverage is comprised of buildings which is expected to increase five percent (5%) for a total of $47,709 (an increase of $2,272), and boiler coverage which is expected to remain the same at $2,456 for a total property premium of $50,165. Additionally, WCIA notified the City the deductible would be changed to zero starting January 1, 2413, and all claims must be turned over to them. The City's loss history would rise and the City's ability to monitor and provide input on the handling of claims and or litigation would be nil. WCIA also notified the City that a formal written request to remain in the pool was due by October l, 2012. The City appealed the assessment and received notice on September I2�' that the appeal was denied. The City can, however, argue before the Board on October 12�' why the deductible should not change. RECOMMENDATION Staff met with the insurance broker on September 11 �` to go over the market analysis. After reviewing the quotes of several companies, the Mayor and Staff recommend terminating the relationship with WCIA and changing to the following carriers: BRIT for primary general liability coverage -$419,000 premium; coverage to $5 Million The policy would have a$250,OOQ Self Insurance Retention ("SIR"), which means the City controls the claims and iitigation up to $250,000. Torus for excess coverage -$180,000 premium; coverage above $5 Million to $15 Million. Philadelphia for property insurance -$45,000 premium; coverage to $5 Million1. Travelers for public officials and crime fidelity insurance -$3,500 premium; coverage to $2.5 Million. K:�nemo�2012\9-18 staff report insurance change final � WCI�'s property insurance would be split among 150 members. It is difficult to estimate the coverage in the event of a disaster because all 150 members would not likely be affected. Under Philadelphia's coverage the City would have �5 Million designated to cover damage to City owned property. 2 COMPARISON Type of Coverage PREMIUM WCIA PREMIUMS OTHER CARRIERS General Liability $636,000 ($251,000 $419,000* + $180,000** increase Pro ert Liabili $50,165 $ 44,000 *** Public Officials (Crime, fidelit , bonds $ 1,700 $ 3,500 **** Total $687,865 $646,500 * Brit is the carrier; with a$250,040 Self Insurance Retention up to $5 Million ** Tarus is the excess carrier; after $5 Million from Brit up to $15 Million. Total coverage = $20 Million *** Philadelphia is the carrier. Coverage is only for Federal Way; not shared with 150 members **** Travelers is the carrier. This is the minimum premium with coverage of $2.5 Million K:�cnemo�2012\9-18 comparison table with staffreport COiTNCIL MEETING DATE: September 18, 2012 ITEM #: �(./l_ _....__ ....................................................................................................................................................................................................................._ __.....-- ............................................_.............._._...........__....._..........__.........................................._..................__._.._................ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED MODIFICATION TO FEDERAL WAY REVISED CODE 2.05.170 AND 2.05.180 CONCERPIING PUBLIC DEFENSE STANDARDS POLICY QUESTION: ShouId the City Council modify the Federal Way Revised Code sections 2.05.170 and 2.05.180 to comply with the Washington Supreme Court Order regarding public defense standards? COMMITTEE: PRHS&PS CATEGORY: ❑ Consent ❑ City Council Business � Ordinance ❑ Resolution MEETING DATE: 9/ 1 I/ 12 ❑ Public Hearing ❑ Other STAFF REPORT BY: Ma or Priest DEPT: Mayor's Office -------_____._ _._.�..__----_-�' ----.._..__._........----------- Attachments: Proposeci ordinance modifying FWRC 2.05.170 and 2.05.180 to comply with the Supreme Court Order regarding Publie Defense Standards. Options Considered: 1. Adopt the proposed ordinance. 2. Modify the proposed ordinance. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: fiy�� DIRECTOR APPROVAL: Commi e Council Initial COMMITTEE RECOMMENDATIUN:1 move to forward the proposed ordinance to First Reading on September 18, 2012. �� Committee Chair mittee Member Committee Member PROP�SED COUNCIL MOT10N(S): 1ST READING OF ORDINANCE (SEPTEMBER 18, 2012): "I move to forward approval of the ordinanee to the October 2, 2012 Council Meeting for adoption. " 2`"D READING OF ORDINANCE (QCTOBER 2, 2012): '7 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY C1TY CLERKS OFFICE) COUNCIL AC'PION: � ❑ APPROVED COUNCIL BILL # � DENIED iS7 reading ❑ TABLED/DEFERRED/NO ACTION Enactment readi�g ❑ MOVED TOSECOND READING (ordirrareces onlyJ ORDINANCE # REVISED- 08/12l2010 RESOLUT'ION # ORDINANCE NQ. AN ORDINANCE of the City af Federal Way, Washington, relating to Public Defense Standards; amending Federal Way Revised Code 2.OS.I70 and 2.05.180. (Amending Ordinance Nos.11-696, and 09-6Q9} WHEREAS, the City of Federal Way City Council adopted Public Defense Standards; and WHEREAS, the Public Defense caseload was to be correlated with the number and types of cases charged by the prosecutors; and WHEREAS, the Washington State Supreme Court issued an order on June 15, ZQ12, establishing a numeric caseload for misdemeanors at four hundred per yeaz; or three hundred per year if the local government adopts and publishes the implementation of a numerical weighting system; and WHEREAS, the City Council finds it is in the best interest of the citizens to adopt a numerical weighting system. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 2.05.170 of the Federai Way Revised Code is hereby amended to read as follows: 2.05.17U Caseload. Caseioads anticipated in a contract for public defender services should aiiow each client the time and effort necessary to ensure effective representation. Anticipated caseloads should take into account both the number and types of cases anticipated, charging practices, plea bargaining practices, and case handling practices including diversions and other administrative procedures in use or expected to be used. Public defenders should not accept more cases than can be reasonably managed, and case load limits s�e�t�beare determined by the adopted case-wei�hting op Iicy ' . � �: ,� Ordinance No. 12- � Page 1 of 3 Rev 1/10 � ag�� Private attorneys who provide public defense serviees as a portion of their practice should dedicate a sufficient amount of time to their public defense caseload based an the percentage of a full-time caseload which the public defense cases represent. Section 2. Chapter 2.05.180 of the Federal Way Revised Code is hereby amended to read as follows: 2.05.180 Reports of attorney activity and Certificates of Compliance. Public defenders should maintain a case reporting and management information system which includes number of cases and any hours billed, costs, or expenses. This information should be provided regularly to the city a.,�'.,a�a �'� �.�:�_�^�_ ±.,'."_ ��_ ��'__"_° �a""'____�*_�^+^_ ^�+�'° �s. Any such system shall be maintained independently from client files so as not to disclose confidential information. Each public defender shall sign and submit a certificate of compliance w�ith the Office of Public Defense as recLuired. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/cierical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Ordinance No. 12- Page 2 of 3 Rev 1/IO Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force 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 , 2012. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPRQVED 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. I2- Page 3 of 3 Rev 1/IO CQUNCIL MEETING DATE: , � ITEM #: — _ .............._......_...................__.._._.._._.._......_........_............_....._.._..........................................................._........................._..............._._..._...._...........�? �� r...._..�.�. �._�? �---..................._._...__....___...._........................._...- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBdEC'r: Residential Open Space in the City Cei►ter-Core and City Center-Frame Zoning Districts POLICY QUESTION: Should the City amend the Federal Way Revised Code (FWRC) to reduce the minimum residential open space requirement from 200 square feet to 100 square feet per unit, add design standards for required open space, and adopt an optional fe�in-lieu standard for up to 50% of the open space requir�nent? . COMMITTEE: Land Use and Transportation CATEGORY: ❑ Consent � ❑ City Council Business ❑ Ordinance Resolution MEETING DATE: August 6, 2012 ❑ Public Hearing ❑ Other STAFF REPORT BY: Senior Planner, Janet Shull, AICP DEp'[': Community and Economic Development Background: The Planning Commission Work Program identified this particular amendment to the FWRC as a"high priority" item. The primary purpose nf the proposed code amendment is to reduce the overall open space requirement for residential development in the City Center zoning districts to a level that is more conducive to higher intensity, mixed use development. The Planning Commission conducted a public hearing on July 18, 2012 at the close of which they recommended to the council approval of the staff recommendation to amend the City Center-Core and City Center-Frame open space requirements. Attachments: 1) Draft Adoption Ordinance; 2) Staff Report to the Planning Commission with Exhibits A-F; 3) Draft Minutes of the July 18, 2012, Planning Commission Public Hearing. Options Considered: 1) Adopt the Mayor's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Mayor's recommendation as further amended� the City Council; 3) Do not adopt the Mayor's recommendation . MAYOR'S RECOMI��NDATION: The Mayor recommends adoption of the proposed amendments as written in the Draft Adoption Ordinance. _ � _ _ MAYOR APPROVAL: COMMITTEE RECOMMENDATION: N/A , � ; 1 � � _ , .— ;-` Committee Chair PROPOSED COUNCIL MOTION(S): DIRECTOR APPROVAL: � Committee Member 1ST READING OF ORDINANGE (SEPTEMBER 4, 20'12): `Y move to fonvard the proposed ordinance to the September 18 meeting for second reading and enactment. " 2ND READING OF ORDINANCE (SEPTEMBER 18, 2012): "I move approval of the proposed ordinance. " (BELOR'TO BE COMPLETED BYCITYCLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENTED 1sT reading � � �► ❑ TABLED/DEFERRED/NO ACTION Enactment reading � "� � ❑ MOVED TO SECOND READING (ordrnances only) ORDINANCE # REVISED- 08/12/2010 RESOLUTION # K:�2012 Code Amendments�Residential Open space in CC distsricts\City Council�Agenda Bill.doc ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to open space standards for multi-unit housing in the City Center- Core and City Center-Frame zoning districts; amending FWRC 19.05.150, 19.100.070, 19.115, 19.225.070 and 19.230.060 (Amending Ordinance Nos. 10-658, 09-610, 09-593, 08-585, 08-583, 07-554, 06-542, 06-515, 02-424, 97-291, 96-270, 93-170, 90-43) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the 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 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to amend the FWRC related to open space for multi-unit housing in the City Center; and WHEREAS, recent proposals for multi-unit, mixed use development have had difficulty meeting the current open space standards; and WHEREAS, reducing the minimum requirement for open space will help encourage urban- scale mixed use development; and WHEREAS, design guidelines will address the quality of the required open space; and WHEREAS, a fee-in-lieu option provides for additional flexibility in meeting open space requirements; and Ordinance No. 12- Page 1 of 17 Rev 1/10 LU WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on July 6, 2012, and no comments or appeals were received and the DNS was finalized on August 3, 2012; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on July 18, 2012, and forwarded a recommendation of approval to the City Council; and 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 reducing the current open space standard to an amount that is more in line with urban, mixed use development will help encourage the type of development envisioned for the city center. (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 Ordinance No. 12- Page 2 of 17 Rev 1/10 LU 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 following FWCP goals and policies: EDG4 The City will channel further residential growth into existing multi-family and commercial-zoned areas, with a particular goal of encouraging residential development in the City Center. EDP6 The City will develop zoning, permitting, and potential financial incentives that encourage prioritized development consistent with comprehensive and subarea plans and orderly phased growth. EDP14 The City will continue to utilize design guidelines to enhance the urban environment to retain and attract businesses and residents. HP8 Consider the economic impact of all development regulations on the cost of housing. HG3 Develop a Comprehensive Plan and zoning code that provide flexibility to produce innovative housing solutions, do not burden the cost of housing development and maintenance, and diversify the range of housing types available in the City. CCG7 Encourage housing opportunities in mixed residentiaUcommercial settings. Promote housing opportunities close to employment. CCG13 Focus new growth, with resultant increasing demands for infrastructure and transportation in the City Center, specifically the core area. Allow for higher intensity uses for efficient use of land. Ordinance No. 12- Page 3 of 17 Rev 1/10 LU CCP3 Continue to support land use regulations that allow the higher intensity development e�ected over the next 15 to 30 years. CCP8 Provide incentives to encourage residential development in the City Center core area. CCP10 Continue to develop land use regulations that encourage the frame area to accommodate higher-density residential uses accompanied by residentially oriented retail and service uses. (b)The proposed FWRC text amendments bear a relationship to the public health, safety, and welfare because the text amendments retain the requirement for on-site open space for multi-unit development within the city center. While the amount of open space is proposed to be reduced, this reduction better relates to the type of residential units that will likely be developed within the urban core setting. (c) The proposed FWRC text amendments are in the best interest of the residents of the City because the reduction in on-site open space required for multi-unit housing in the city center will remove an existing barrier to construction of residential development within the city center, thereby more readily accommodating future population growth in the city center. Additional residents in the city center will help support the local businesses and cultura.l attractions that the city wants to attract and retain. Section 3. FWRC 19.225.070 is hereby amended to read as follows: Ordinance No. 12- Page 4 of 17 Rev U10 LU 19.225.070 Multi-unit housing. The followin uses shall be ermitted in the ci center core (CGC) zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART z DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS � Minimums � o Re uired Yazds � ZONE � a � 3 � � � � � � CC-C a. ' 7 � A y � � V 6., `.l USE r� rx a° w � c� x� a a SPECIAL REGULATIONS AND NOTES Multi-unit Process II None Multi-unit 70 ft. or Multi-unit 1. The city may, using process III, modify required yard, height, lot coverage, and other site design and dimensional housing housing: same as 200-ft. housing: requirements for a proposed development that meets the foUowing criteria: (stacked Possible these regulations 1.7 per unit a. The proposed development wiil be consi3ent with the adopted comprehensive plan policies for this zone; and dwelling Process for ground floor See notes b. The proposed development will be consistent with the applicable design guidelines; and units) III use 1 and 5 See note 16 c. The street, utilities, and other infrastructure in the area aze adequate to support the proposed development. Senior citizen or 2. Chapter 19.265 FWRC contains regulatio� regarding home ocwpations and other accessories, facilities and activities Senior citizen See note special needs Mixed use associated with this use. or special 1 housin : development, 3. No setback is required adjacent to rights-of-way for senior citizen and special needs housing, when publicly visible needs 20 ft. 5 R. 5 fl. senior citizen streetscape amenities, as defined in Chapter 19.-1-}-5 05.190 FWRC, are located alongthe right-of-way; the siting and housing See notes 1, 3, and special design of which shall be approved by the director. (stacked and 9 needs 4. Multi-unit housing and accessory residential uses may be located onthe ground floor of a shucture only as folbws: (a) dwelling housing: ground level space E�at spans at least 80% of the length of the principal commercial fa�ade, as determined by the units) Determined director, is occupied with one or more other uses(s) a1loHed in this zone; and (b) ground level space that spans at least on a case-by- 60% of the length of all other street facing facades is occupied with one or more other use(s) allaved in this zone; and case basis (c) all ground level nonresi3ential space(s) have a minimum floor-to-ceiling heigl� of 13 ft. and an average depih of 30 ft., but in no case less ihan 15 ft. However, stacked senior citizen or special needs housing may stand alone. 5. Building height may be increased from the permitted outright height of 70 ft. to 200 ft. in exchange for providing publicly visible streetsc�e amenities, as defined in Chapter �� 19.05.190 FWRC, along ihe right-of-way; the siring and design of which shall be approved by the director. 6. The subject property must provide �esreaE� usable open space in a total amount equal to at least �99 100 sq. ft. per dwelling unit and may include private onen spaces such as yards, patios, and balconies, as well as common onen spaces axeas such as ]p azas• playgrounds, recreation rooms, rooftopterraces, �patches. pools, active lobbies, and atriums. �ny 'A minimum of 25% of the usable open space provided must be common open space. All eligible usable open �ace shall also meet the requirements specified in FWRC 19 115 115 A fee-in-lieu �,avment may be utilized for up to 50% of the usable open space as specified in FWRC 19.115.115. Conrinued Process I, II, III and IV are described in For other information about pazking and pazking 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 respectively. For details regazding requ'ved yazds, see FWRC 19.125.160 et seq. Orddnance No. 12- Page S of 17 Rev 1/10 LU 19.225.070 Multi-unit housing. (Continued) USE ZONE CHART z DIRECTIONS: FIRST, read c�own to find use ... THEN, across for REGULATIONS p Minimums F Re uired Yards �� " y ZONE � � �rrr Wa` '� w v°'i l.l.—l. Q4 � � � � � � � c � � o � :� � � � � � SPECIAL REGULATIONS AND NOTES USE rx a .a w r� a: x v� w a 7. No ma�cimum lot coverage is established. Instead, the buildable azea wili be determined by other site development requirements, i.e., required buffers, parking lot iandscaping, surface water facililies, etc. 8. For comm�mity design guidelines that apply to the projec; see Chapter 19.115 FWRC. 9. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 10. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 11. Refer to Chapter 19.265 FWRC to determine wha� other provisions of this chapter may apply to the subject property. 12. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 13. Single-story buildings may not exceed a tdal ground floor area of 16,000 gross sq. ft., unless approved under the provisions of FWRC 19.110.080, or approved by the director for minor additions such as entry structures, lobbies, seating or dining areas, bay windows, and similar features; provided that such addition(s) shall not exceed 1,000 sq. ft. per building in any one consecutive 12-month period 14. No more than 16,000 sq. ft. of new single-story construction may occur on a subject property, excluding increases approved under the provisions of FWRC 19.110.080 and minor additions approved by the director under note 13. I5. Multiple-story buildings aze not subject to notes 13 and 14; provided that each floor contains at least 75% of the gross sq. ft. of the floor below it and contains a principal use(s) permitted in this zone. 16. Required parking may be reducad under the provisions of FWRC 19.130.020(3)(a), (b), (c), and (d). Process I, II, III and IV aze described in For other information about pazking and pazking 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. ChaQter 19.70 FWRC respectively. For details regazding required yazds, see FWRC 19.125.160 et seq. Ordinance No. 12- Page 6 of 17 . Rev 1/10 LU Section 4. FWRC 19.230.060 is hereby amended to read as follows: 19.230.060 Multi-unit housing. The followin uses shall be ermitted in the ci center frame (CC-F) 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 o Required Yards � ZONE � � 3 � � o � � � CC-F � ��,�; � � „ � � ��,:� USE a, o� � ,a w � a x� a a SPECIAL REGULATIONS AND NOTES Multi-unit Process II None Mulh-unit houSittg: 70 ft. Multi-unit 1. The city may, using process III, modify required height, yazd, landscape and other site design and dimensional requirements for a housing Same as these or housing: proposed development that meets the following criteria: (Stacked Possible requirements for 85 ft. 1.7 per uttit a. The proposed development will be consistent with the adopted comprehensive plan policies for this zone; and dWelling units) PioCess round flo0[ USe b. The proposed development will be consistent with the applicable design guidelines; and III a The street utili6es and other infrastructure in the area aze adequate to support the proposed development. Settior Citizen or See notes See note 17 2, Multi-unit housing and accessory residenrial uses may be located on the ground floor of a structure only as follows: (a) ground level Senioi' Citizen SpeClal needs 1, 4, and space that spans at least 60 percent of the length of the principal commercial fagade, as determined by the director, is occupied with one and SpeCial See ttote h0using: 5 Mixed use or more other uses(s) allowed in Utis zone; and (b) ground level space that spans at least 40 percent of the length of all other street-facing needs housing 1 20 ft. 5 ft. 5 ft. development, facades is occupied with one or more other use(s) allowed in this zone; and (c) all ground level nonresidential space(s) have a minimum (stacked See notes 1, 5, 8, and senior citizen floor-to-ceiling height of 13 ft. and an average depth of 30 ft., but in no case less than 15 ft. Stacked senior citizen or special needs dwelling units) 10 and special housing may stand alone. needs 3. FWRC 19.265.010 et. seq., contains reguladons regarding home occupations and other accessories, facilities and activities associated housin �''�' �is use. g� 4. Building height may be increased from the permitted outright height of 70 ft. to 85 ft. in exchange for providing publicly visible Determined streetscape amenities, as defined in Chapter �3 19.05.190 FWRC, along the right-of-way; the siting and design of which shal► be ott a Case-by- approved by the direcror. C1Se basis 5. Structures on property that adjoins a residential zone shall be set back a minimum of 20 ft. from the property line adjacent to the residential wne. The heig6t of structures shall not exceed 30 ft. above avetage building elevarion when located between 20 ft. and 40 ft. from the adjacent residenUally-zoned property line, and shall not exceed 40 ft. above average building elevation when located between 40 ft. and 100 ft. from such property line. 6. The subject propeRy must provide reereaEienal usable open space in a total amount equal to at least �A9 100 sq. ft. per dwelling unit and may include private onen spaces such as yards, patios, and balconies, as well as common ooea spaces eFens such as plazas. playgrounds, recreation rooms, rooftop terraces, p-uatches. pools, active lobbies, and atriums. '. A minimum of 25% of the usable open space provided must be common open space All eliQible usable onen soace shall also meet the requirements specified in FWRC 19 115 115 A fee-in-lieu ontion is available for un to 50%of the usable open space as speciSed in FWRC 19.115.115. Continued Process I, II, III and IV aze described in For other information about parking and parking azeas, Cliapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, For details of whal may exceed t6is heig6t limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details regazding required yazds, see FWRC 19.125.160 et seq. Ordinance No. 12- Page 7 of 17 Rev 1/10 LU 19.230.060 Multi-unit housing. (Continued) The followin uses shall be ermitted in the ci center frame CC-F) 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 rn Minimums p o Re uired Yazds � ZONE � ` � a CC-F '.� $ �'' °' `� ° � a�i �on � � 3 � �: � � g C7 �a. •� � c a� � � � �o.:�d USE a � �; ,° w '_�."� o: x� w a SPECIAL REGULATIONS AND NOTES 7. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements; i.e., buffers, parking lot landscaping, surface water facili6es, etc. 8. No setback is required adjacent to rights-of-way for senior cifizen and special needs housing, when publicly visible streetscape amenities, as defined in Chapter 19.115 FWRC, aze located along the rig6t-of-way; the si6ng and design of which shall be approved by the director. 9. For community design guidelines that apply to the project, see FWRC 19.115 FWRC. 10. For landscaping requirements that apply for the project, see Chapter 19.125 FWRC. 11. For sign requirements that apply to the project, see FWRC 19.140 FWRC. 12. Refer to FWRC 19.265.010 et seq. to determine what other provisions of this chapter may apply to the subject property. 13. For provisions that relate to the keeping of animals, see FWRC 19260.010 et seq. 14. Single-story buildings may not exceed a total ground floor azea of 16,000 gross sq. ft., unless approved under t6e provisions of FWRC 19110.080, or approved by the director for minor additions such as entry structures, lobbies, seating or dining areas, bay windows, and similaz features; provided that such addition(s) shall not exceed 1,000 sq. ft. per building in any one consecutive 12-month period. 15. No more than 16,000 sq. ft. of new single-story consWction may occur on a subject property, increases approved under the provisions of FWRC 19.110.080 and minor additions approved by the director under note 14, above. 16. Multiple-story buildings aze not subject to notes 14 and 15, above; provided that each floor contains at least 75 percent of the gross sq. ft. of die floor below it and contains a principal use(s) permitted in this wne. 17. Required pazking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c), and (d). Process I, II, III and IV aze described in For other in£ormation about pazking 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 respectively. For details regazding required yazds, see FWRC 19.125.160 et seq. Ordinance No. 12- Page 8 of 17 Rev 1/IOLU Section 5. FWRC 19.115 is hereby amended to add a new section to read as follows: 19.115.115 Desig,n criteria for residential usable open space and fee-in-lieu option. The followin� �uidelines a�plv to residential usable open space that is developed pursuant to FWRC 19.225.070 and 19.230.060. (11 COMMON OPEN SPACE: All common open space �ronosed under this section shall meet the definition of "open space, common" as set forth in this title and all of the followin�}criteria: �al In order to be credited toward total residential usable open s�ace, common open space must be a minimum of 225 sq: ft. and have a minimum dimension of 15 ft. The inclusion of additional conti� ous onen space areas that have smaller dimensions, but enhance the use and en,�ovment of the overall lar�er space mav be credited toward the overall minimum usable open space requirement subject to director a�uroval. (b) Indoor common areas such as recreation/workout rooms, swimmin�pools, and at�ring �aces that meet the criteria of this section mav be counted as common open space subject to the criteria in this section. (c) The common open space shall be readilv visible and accessible from structure(s) with entries to residential units. (d) The common open space shall not be located on asphalt or �ravel pavement, or be adjacent to unscreened parking lots chain-link fences or blank walls and mav not be used for parkin , l�oading, or vehicular access. (e) Pedestrian access wavs shall on1Y be counted as common open space when the pedestrian path or walkway traverses a common open space that is 15 ft. or wider. �fi The common open space shall be sufficiently desi�ned and a�pointed to serve as a major focal point and a� therin�place Common open spaces shall include a si�nificant number of pedestrian-oriented features furnishings and amenities typically found in plazas and recreational open space, such as seatin� Ordinance No. 12- Page 9 of 17 Rev 1/]0 LU sitting walls lightin� weather protection special pavin� landscapinu and trash rece�ptacles In addition the common open space(s) should provide one or more significant visual or functional amenities such as a water feature fireplace and/or artwork and should allow for active uses such as phvsical exercise, children's pla� ea ag therin� area for group social events and p-natch or other ar� dening activitv. �2) PRIVATE OPEN SPACE: In order to be credited toward total residential usable open space, private open space must be a minimum of 48 sq. ft. and have a minimum dimension of 6 ft. (31 PUBLICLY ACCESSIBLE OPEN SPACE: Publiclv accessible open spaces provided on site mav be credited toward the minimum residential usable open s�pace requirement, as long as the open �ace is directly accessible to and available to residents for their use. Only the portion of the public open space directiv accessible to and available to residents for their use mav be credited toward the residential usable open space rec�uirement. �) FEE-IN-LIEU OPTION• A fee-in-lieu pavment mav be made to satisfy up to 50% of the residential usable open s�ace rec�uirement for the development of public parks and recreation imnrovements. Fee-in-lieu acceptance shall be at the discretion of the Parks Director after consideration of the citv's overall park plan and the qualitY location and usability of the open space that would otherwise be provided on the project site. If the citv determines that a fee-in-lieu is appropriate, a payment of an equivalent fee-in-lieu of the required open space shall be made. The fee-in-lieu of open space shall be calculated based on the most recent assessed value of the subject propertX or an a�praisal conducted b,y a state-certified real estate a�vraiser If the a�licant offers to pav fee in lieu of o�en s�ace and if the city accepts the offer the amount shall be determined based �on the square footage of o�en space that otherwise would have been required to be provided, multiplied bv the then-current market value per square foot of the property By choosing the fee-in-lieu ontion the a�licant a�rees that the citv will not be restricted to usin� the fees in the park comprehensive plannin� area that the subject propertv falls within and that thev mav be used for park and recreation im�rovements in anv of the park comprehensive plannin� areas that serve the Citv Center-Core and Citv Ordinance No. 12- Page 1 D of 17 Rev 1/10 LU Center-Frame zoned areas. See also FWRC 19.100.070. Section 6. FWRC 19.100.070 is hereby amended to read as follows: 19.100.070 Timing of fee payments. Various sections of this Code require payment of fees to mitigate direct impacts of the development approval. Notwithstanding those fees eligible for deferment pursuant to subsections (1)(b) 1 c and (3)(b) ofthis section, the following describes when such fees shall be calculated and paid: (1) Open space fee-in-lieu. (a) As�rovided in FWRC 18.55.060 and 19.115.115, a �4 fee-in-lieu of open space may be made to satisfy open space requirements at the discretion of the parks director and shall be calculated and paid at the time of plat recording for residential land divisions or prior to building permit issuance for multifamilv developments in the city center-core and citvi center-frame zoning districts, unless deferred as noted below. The fee shall be calculated based upon the square footage of open space which otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value. (b) For those residential land divisions vested prior to July 2, 2015, open space fees-in-lieu may be deferred, but shall be paid no later than the closing of sale of each individual house or five years from deferment of the fee, whichever is earlier. Covenants prepared by the city shall be recorded at the applicant's expense on each lot at the time of plat recording to enforce payment of deferred fees. The fee shall be calculated at the time of plat recording and divided equally among all newly created lots. The fee shall be calculated based upon the square footage of open space which otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value. As consideration for the ability to defer open space fee-in-lieu payments beyond plat recording, the applicant agrees to waive the right to interest and/or a refund if payment is not expended within five years of collection. (cl For multifamily developments in the citvi center-core and city center-frame, open space fees- in-lieu mav be deferred, but shall be �aid no later than the completion of construction and prior to receipt Ordinance No. 12- Page 11 of 17 Rev 1/10 LU of certificate of occupanc ��/approval to occu�y for each floor or each buildin�phased, or five vears from the recordin� of the deferment covenants, whichever is earlier. Covenants prepared by the citv shall be recorded at the applicant's expense, prior to buildin�permit issuance, to enforce pavment of deferred fees. The fee shall be calculated at the time of recording of the covenants and shall be divided equallX among all residential units within the project. The fee shall be calculated based upon the square footage of open space that otherwise would have been required to be �rovided multiplied bv the subject property's assessed or a�praised value. As consideration for the abilitv to defer open space fee-in-lieu pa� beYOnd buildin�permit issuance, the a�plicant agrees to waive the right to interest and/or a refund if �avment is not expended within five years of collection. (2) Regionad stormwater facidity fee-in-lieu. Developments may be able to utilize stormwater detention in one of the city's regional stormwater facilities based on an area fee-in-lieu established by the city. Fees are used for construction cost recovery and shall be paid at the time of plat recording for residential land divisions and prior to building permit issuance for commercial and multifamily developments. (3) Transportation impact fee. Unless the use of an independent fee calculation has been approved, or unless a development agreement entered into pursuant to RCW 36.70B.170 provided otherwise, the fee shall be calculated and paid per the following: (a) For residential land divisions, fees shall be calculated and paid at the time of plat recording. For unplatted single-family residential lots, commercial and multifamily developments, fees shall be calculated based on the impact fee schedule in effect at the time a completed building permit application is filed and paid prior to permit issuance. For a change in use for which no building pertnit is required, the fee shall be calculated and paid based on the impact fee schedule in effect on the date of an approved change of use. Ordinance No. 12- Page 12 of 17 Rev 1ltOLU (b) For residential land divisions and unplatted single-family residential lots, the transportation impact fee may be deferred, but shall be paid no later than the closing of sale of each individual house. Covenants prepared by the city to enforce payment of the deferred fees shall be recorded at the applicant's expense on each lot at the time of plat recording for residential land divisions and prior to building permit issuance for unplatted single-family residential lots. The fee shall be calculated based on the impact fee schedule in effect on the date of payment of the impact fee. (Ord. No. 10-658, § 6, 5-18-10) Section 7. FWRC 19.05.150 is hereby amended to read as follows: 19.05.150 O definitions. "Occupant" means a person that legally occupies a structure or property. "�ce use " means a place of employment providing services other than production, distribution, sale or repair of goods or commodities, and includes but is not limited to: medical, dental or other health caze; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offces where no inventories or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses are specifically excluded from the definition of "office": banks, savings and loan companies and similar financial institutions. "O�ce zones" mean the PO, OP and CP-1 zoning districts. "O�cial notification boards of the city" means the bulletin boards in the public areas of City Hall and other public locations as designated by city council. "On-site hazardous waste treatment and storage facilities" means facilities which treat and store hazardous wastes generated on the same property ar geographically contiguous properties, which may be Ordinance No. 12- Page 13 of 17 Rev 1/10 LU divided by public or private right-of-way if the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way. "Open house " means an event held at a specific location, that is open to the public, and where the event holder remains in attendance during the event. "Open record hearing" means a hearing that creates the city's record of decision for an application or appeal through testimony and submission of evidence and information, under procedures prescribed by the city's hearing examiner or the city council. An open record hearing may be held prior to the city's decision on an application, or as part of an appeal. "Open space " , , '. means an area of land that is valued for natural processes and wildlife, for a�ricultural production, for active and passive recreation, and/or for providing other public benefits. In certain cases, open space mav refer to both outdoor and indoor spaces that provide active or passive recreational amenities for a development's occupants or users. "Open space, common," means open space which is normallv utilized b�the occupants of a building or ro e "Open space, private," means � open space, the use of which is normally limited to the occupants of a single dwelling "Open space, public," means open space owned by a public agency and maintained by it for the use and enjoyment of the general public. "Ordinary high water mark" means, on lakes, streams and tidal waters, that mark found by examining the bed, banks, or shore and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinaxy years, as to mark upon the soil or land a character distinct from that of the abutting uplands with respect to vegetation. Where the ordinary high water mark cannot be found by mark, the ordinary high water mark shall be the line of inean higher high tide for salt water and the line of inean high water for fresh water. In any stream where neither mark nor mean high water can be Ordinance No. 12- Page 14 of 17 Rev 1/10 LU found, the channel bank shall be substituted. In braided channels and alluvial fans, the ordinary high water mark or substitute shall be located so as to include the entire stream feature. "Outdoor" means not contained within a building. "Outdoor storage " means any material or item (including vehicles), being stored for or awaiting sale, lease, processing or repair and not enclosed within a building. "Outdoor storage containers" means new or used prefabricated metal or steel enclosures used for the accessory storage of supplies, equipment, inventory, goods, commodities, or construction-related materials; or temporary offices for active construction sites; designed without an �le or wheels; and capable of being mounted on a chassis or bogie for movement by truck, trailer, railcar, or ship. This defmition includes, but is not limited to, cargo, shipping, and freight containers; and excludes typical residential accessory buildings or structures such as garages and storage sheds; garbage and recycling containers; containers mounted on a truck or in some stage of transport; structures used or designed to be used as living facilities, and portable moving containers as defined in this chapter. See FWRC 19.125.180 and 19.125.190. "Owner" means, in reference to real property, the person or persons holding fee title to the property as well as the purchaser or purchasers under any real estate contract involving the real property. (Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 08-583 § 3(E�. A), 10-21-08. Code 2001 § 22-1.15.) Section 8. 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. Ordinance No. 12- Page 1 S of 17 Rev t/IOLU Section 9. Corrections. The City Clerk and the codifiers of this ardinance 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 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.: Ordinance No. 12- Page 16 of 17 Rev t/10 LU K:�2012 Code Amendments�Residential Open space in CC distsricts\City Council\072312 Ordinance.doc Ordinance No. 12- Page 17 of 17 . Rev l/10 LU CiT''! t�� '°�..w.�� STAFF REPORT TO THE PLANNING COMMISSION ,A;mendments to Fecleral Way Revised Code (F`'�RG� Chapter 19.05, "Zoning and Development in General," C;hapter 19.104, "Mitigation af Development Impacts," Chapter 19.115, "Cvmmunity Design Guidelines," �hapter 19.225.070, "Multi-Unit Housing - City Center-Core," and 19.230.060, "Multi-Unit Housing - City Center-Frame" �ile No. 12-12109-00-UP Public Hearing of July 1$, 2012 I. BACKGROUND <. In �reeent years, the City of Federal Way has received developinent proposals for high-rise, mixed- uss.development within the City Center, specifically tlie City Center-Core (CG-C). In these cases, the application of the minimum 200 square feet� per unit of usable o�3en space resultied in a required open space area that exceeded the size of the building site. The current open space requirement is inconsistent with the type of higher density, mixed use development envisioned for a thriving urban center. The requirement of 200 square feet per unit is higher than whaf is typically required in ot}ier cities that allow high-rise, mixed-use development. In 2010, staff reviewed the open space requirements for the Community Business (BC) zoning district and the Planning Commission recommended a reduction from 300 square feet per unit to 150 square feet per unit due to similar circumstances where multi-unit housing is only allowed in mixed use development. The City Council adopted the proposed change to open space in the BC zone. With the BC code amendment; there is currently a lesser open space requirement in the BC zone than in ttie CGC and CC-F zones. As anticipated, development intensity is greater in the CC zones and it malces sense to consider a reduction to the open space requirement in the CC zones. The Planning Commission is being asked to review the pxoposed changes to Federal Way Revised Code (FWRC) Title 19 (Exhibits A-E�, and forward a recommendation to the City Couneil's Land Use/Transportation Comrttittee (LUTC) and City Council. This proposed code revision is listed as a "High Priority" in the Planning Commission's 2012 work program. II. ANALYSIS OF PROPOSED CODE AMENDMENTS The proposed amendments to the FWRC Title 19, "Zoning and Development Code," would reduce the minimum amouni of required on-site open space. In addition, design guidelines for the on-site open space are proposed that would emphasize quality over yuantity and help ensure that on-site open space is usable. The design guidelines aliow for a range of spaces that can be counted as FWRC Code Amendments—Open Space in CC zones File 12-]02t09-00-UP July 18, 2012, Planning Commission Public Hearing Page 1 of 4 usable open space, including rooftop terraces, private balconies, indoor spaces, and a fee-in-lieu opti�n for up to 50% of the open space requirement. In d�vetoping the proposed amendments, staff reviewed the urba� open space development standards of other cities that allow for high rise mixed use development. In addition, a good sum.mary of open space requiremezrts in other loca] cities is contained in a paper prepared for the Municipai Research and Services Center (MRSC) by Bob Bengford of MAKERs (Exhibit F�. The following sectians provide summaries of each of the proposed code amendments. The proposed text is enclosed in Exhibits A-E. Praposed Code Amendments 1. Recommended modification to Mu1ti-Unit Use Zone Charts for CC-C and CC-F zoning districts. , This proposed amendment would reduce the usable open space requirement from a minimum of 200 square feet per unit to 100 square feet per unit, or one half of the current requirement. The proposed reduction is more in line with mixed use high rise development. In higher density urban developments there are tygically multiple us�s along with structured parking, leaving little to no open s�3aee•aua�latsle at the ground level: In this type of development, usable open space is oftep provided by a combination of: open space at ground level or above packing structures; balc.onies; roof to� terraces; and sometimes in�bor recreation or gathering spaces. Along with tha proposed reduction in total open space, the use zone charts refer to a new section in the "Community Design Guidelines" chapter of Title 19 that speciiies considerations and options for etigible usable open space, including a fee-in-lieu option for up to 50 percent of the required open space (Ezhibits A and B). 2. Recommended moditications to FWRC 19.115, "Community Design Guidelines," to add a new section that provides design guidelines for residential usable open space for multi-unit housing in the CGC and CC-F zones. In reducing the overall open space standard, emphasis should be placed on quality and usability of the open space provided. For that reason, a new section in Chapter 19.115, "Community Design Guidelines," is proposed. This section provides recommended minimum sizes and dimensions for private and common open space areas to be considered "usable." It also speci�es when on-site public open space provided for the beneft of all site users and the general public may be credited toward the residential open space requirement. The design guidelines specify the types of amenities that should be included in common open spaces to make them engaging, and provides a suggested range of appropriate activities, including recreation, gathering places, play areas, and gardens. To provide additionai flexibility, a fee-in-lieu program is proposed. A maximum of 50% of the total open space reguirement may be met with the fee-in-lieu option in order to ensure there is always usable open space available on-site. The fee will be calculated based on the assessed or appraised value of the land where the project is situated, and the fees collected will be expended on park facilities within the parks planning areas that coincide with the city center zoned areas (Exhibit C�. FWRC Code Amendments— Open Space 3n CC zones File 12-102109-00-UP 7uly 18, 2612, Plasming Commission Public Hearing Page 2 of 4 3. Recommen�ed modifications to FWRC 19.05.150, "Definitions." This proposed amendment modifies the currerit definitions of "open space" and "private open space," and adds a new defnition for "commor� open space." The intent of these modifications is to make the definitions more consistent with the way they are referenced throughout Title 19 (Exhibit D). 4. Recommended modifications to FWRC 19.1�0.070, "Mitigation of Development Impacts:' The last proposed code amendment in conjunc:tion with the modification to on-site open space in the city center zones is to the "Mitigation of Development Impacts" section. This modification specifies the timing of payment of fees-in-lieu for open space related to residential development in the ciiy center. It also provides a provision for defecring the fee- in-lieu payment to the tirne the units are occupied, similar to that provided for residential subdivisions (Exhibit.�. II. PROCEDURAL SUMMARY 6/29/12: Public Notice of 7/18/12 PlanningCommissi.on pubiic hearing published and posted 7/6/12: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 7/20l12: End of SEPA Comment Period 8/3/12: End of SEPA Appeat Period III. PUBLIC COMMENTS No comments were received as of the date of.this report. IV. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: � 1. To review and evaluate the proposed zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendments meet the criteria established in FWRC 19.80.130. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code te�ct amendments. FWRC Code Amendments - Open Space in CC zones File 12-102109-00-UP Juiy 18, 2012, Planning Commission Public Hearing Page 3 of 4 V. DECISIONAL CRITERIA PWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning.:text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC only if it finds that: 1� The proposed amendments are consistent with the applicable provisions o#the comprehensive plan. The proposed FWRC text amendments are consistent with the folIowing Federal Way Comprehensive Pla�z (FWCP) policies and goals: EDG4 The City will channel further residential growth into existrng multi family and commerciad-zoned area�s, with a particular goal of encouraging residential development in fhe City Center. EDP6 The �'ity will develop zoning, permitfing, and potential f nancial incentives that encourage prioritized development consistent with comprehensive and subarea plans and orderly phased growth, EDPI4 The City will continue to utilize des.ign guidelines to enhai�ce the urban environment to retain and attract businesses and residents. HP8 Consider the economic impact of all.developmenF regulations on the cost of housing. HG3 Develop a Comprehensive Plan and zoning code that provide flexibility to produce innovative housing solutions, do not burden the cost of housing development and maintenance, and divers� the range of housing types available in the City. GCG7 Encourage housing opportunities in mixed residential/commercial senings. Promote housing opportunities close to employment. CCG13 Focus new growth, with resultant increasing demands for infrasiructure and transportation in the City Center, specifrcally the core area. Allow for higher intensity uses for efficient use of land. CCP3 Continue to support land use regulations that allow the higher intensity development expected over the next IS to 30 years. CCP8 Provide incentives to encourage residential development in the City Center core area. CCPIO Contirrue to develop land use regulations that encourage the frame area to accommodate higher-density residential uses accompanied by residentially oriented retail and service uses. 2. The proposed amendments bear a substantial relationship to public heafth, safety, or welfare. FWRC Code Amendments — Open Space in CC zones File 12-102109-00-UP July 18, 2012, P(anning Commission Public Hearing Page 4 of 4 The proposed FWRC text amendments bear a substantial relationship to the public heaith, safety, and welfare because the text amendments retain the requirement for on-site open space for mutti-unit development within- the city center. While the amaunt of open space is proposed �o be reduced, this reduction better ��elates to the type of residential units that will likely be develciped within the urban core setting. 3. The proposed amendments are in the best interest of the residents of the city. The proposed FWRC text amendments are in the best interest of the residents of the city because the reduction in on-site open space required for multi-unit housing in the city center will remove an e�cisting barr.ier to construction of residential clevelopment within the city center, thereby, more readily accommodating future population growth in the ciTy center. Additional residents in the city center will help support the local businesses and cultural attractions that the city wants to attract and retain. . V. STAFF RECOMM�NDATION Based on the.above:staff.analysis and decisional criteria; stafirecommends tliat the following amendments to FWRC Title ] 9, "Zoning and Development Code," be recommended for approvaTto the Land Use/Transporta.tion Gomxnittee (LUTC) and City Council. 1. Mod�cations to FWRC 19225.070, 19.230.060, I 9.05.150, and 19.100.070, and the addition of FWRC 19.11r5.XXX, as identified in Exhibits A-E. EXHIBITS Exhibit A— FWRC i 9.225.070, Modifications to Use Zone Chart: CC-C "Multi-Unit Housing" Exhibit B— FWRC 19.230:060, Modifications to Use Zone Chart: CC-F "Multi-Unit Housing" Exhibit C— FWRC 19.1 I S.XXX, New Section in Chapter 115 "Community Design Guidelines" Exhibit D— FWRC 19.05.150,. Modifications to Definitions of "Open Space," "Common Open Space," and "Private Open Space" Exhibit E— FWRC 19.100.070, Modifications to "Mitigation of Develapment Impacts" Exhibit F— MRSC Paper on High Density Open Space by Bob Bengford ofMAKERs FWRC Code Amendments— Open Space in CC zones File 12-102109-00-UP July l8, 2012, P[anning Commission Public Hearing Page 5 of 4 19.225.070 Mulii-unit housing. T'he following uses shall be v z ntxEc O F � N � o W .o a. a �� .�- > USE a a Multi-unit Process housing (stacked Possibk dwelling Process units) IIl Senior citizen : or special 1 needs housing (stacked dwelling units) note in the citvi center core EXHIBIT A zone subject to the regulations and notes set forth in this USE ZONE CHART i: FIRST, read down to find use .. THEN, across for REGULATIONS Minimums _. . . . ... _ _ Re uired Yazds � ZO� � � CC�C � � � � � � ,� � � � a° w � r� z� ��a SPECIAL REGULATIONS .AND NOTES r ne Multi-unit 70 ft. or Multi-unit 1. The city may, using process III, modify required yard,height, lot coverage, and other site desio and dimensional housing: same as 200-R. housing: requiremenu for a proposed development that meets the following criteria: these regulations 1, 7 per unit a. The proposed developmenYwill be.consisent with the adopted comprehensive plan policies for ihis zone; and for ground floor See notes b. The proposed development will be. cotrsistent with the applicable design guidelines; and use 1 and 5 See note 16 a The street, utilities, and other.infrastructure in.the area are adequate to suppoR the proposed development. Senior citizen or 2. Chapter 19.265 FWRC concains regulations regarding home ocwpations and other accessories, facilities and activities special needs Mixed use associated with this use. housin : devetopment, 3. No sctback is required adjacent to.rights-of-way for senior citizenand special needs housing, when publiciy visible 20 ft. 5 ft. 5 ft. senior citizen streetscape amenities, as defined io Chap2er i9.-}d-5 05190 FWRG, are located along the right-of-way; the siting and See notes 1, 3, and special design of whidi shall be approved by t6e director. �d g needs 4. Multi-unit housing and accessory residenGal uses may be located onthe ground floor of a stmcture only ss follows: (a) housing: ground level space diat spans at least 80'�0 of ffie length of the principal commercial faqade, as determined by the d Determined director, is occupied with one or more other uses(s) a1loHed in this zone.; and (b) ground level space that spans at least on a case-by- 60°/a of the length of all other street facing facades is occupied with one or more other use(s) alla�ed in this zone; and case basis (c) all ground level nonresidenial space(g): have a,minimum floor-to-ceiling heigt8 of 13 ft. and an average depffi of 30 ft., but in no case less than i 5 it. tIowe,ver, stacked senior ci6zen or specisl needs housing may st�d alone. 5. Building heighYmay, be increasec�from4the permitted outright heightof 70 ft to 200 ft. in exchange for providing publicly visible streetsc�e amenities, as defined in Chapter �9:k�319.05•190 FWRC, along fhe right-of-way; the siting and design of which shall be approved by the director. 6. The subject property must provide re@Fea�eaa� usable open space in a total amount equal to at least 3A9100 sq. ft, per dwelling unit and may. include private onen spaces such as yards, patios, and balconies, as well as common ppen saaces areas such as I�azas, playgrounds, recreation rooms, rooftopterraces, u-D$tCh.gg,:pools,.activ�,Lobbies,and,atriums. tlsry 'A Rocess I, II, Q[ and IV aze described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chanter I9.70 FWRC resuoctivelv. For other information about parking and parking areas, sce Chapter t9.130 FWRC. Far details of what may exceed this heigNt limit, see FWRC 19.110.050 et seq. For details negarding required yards, see FWRC 19.125.160:@t se.q.. K:�2072 Code AmmdmentsUtasiden6d Opon apuo in CC distarias�Plenning Commisaionkxhibit A 19-225-070 Multi-Unit Housin6-rodsod.6.da 19.225.070 Multi-unit housing. (Continued) USE ZONE CHART z DIRECT70NS: FIRST, read down to fmd use ... THEN, across for REGULATIONS p Minimums F Re uired Yards � � � ZONE ° ° � Q CC-C a �3 u � �� `� iV � C USE a w .° w � r� x vi a c�., SPECIAL REGULATIONS AND NOTES 7. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., requiredbuffers,,parking 1otJandscaping, surface water facilities, etc. 8. For community design g�delines that apply to, the projec; see Chapter 19:115'FWRC. 9. For landscaping requirements that ap.ply to,:the project, see Chapter 19.125 F WRC. 10. For sign requirements that appj.y to theproject, see Chapter 19.140 FWRC. 11. Refer to Chapter 19265 F WRC to determine wha� other provisions of this chapter may apply to the subject property. 12. For provisions thairelate to the keeping of animals, see Chapter 19.260 FWRC. 13. Single-story buildings may not exceed a tct�l ground floor area of 16y000 gross sq. ft., unless approved under the provisions of FWRC 19.110.080, or apptoved by the director for minor additions such as entry structures, tobbies, seating or dining areas, bay windows, and similar features; provided that such addition(s) shall not exceed t,000 sq. ft. per building in any one consecutive 12-month period 14. No more than 16,000 sq. R of new singla�story construction may.occur on a.subject property, excludingincreases approved imder ihe provisions of FWRC.19.110.080 andminor additions approved by the director under note 13. I5. Multiple-story buildings are not subject to.notes l3-and 14; provided that each floor contains at least 75%of the gross sq. ft. of the floor below it and contatns a principal use(s) permitted in this zone. 16. Required pazking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c), and (d). Process I, II, III and IV are descnbed in For other information about perking and parking are8s, see Ghapter 19.130 FWRC. Chapter 19.55 FWRC, C6apter 19.60 FWRC, For details of w6at may exceed tliis heighf limit, see F WRC ] 9.110:050 d seq. Chapter 19.65 FWRC, For details regarding required yards, sce FWRC 19.125.160 et seq. Chapter 19.70 FWRC reapectively. K:�2012 Coda AmendmentsUtaid�ntiai Open spacc in CC distuic[sV'lanning Commiation�achibit A 19�225-070 Mul&Unit Housing•revisad.6.dx 19.230.060 Multi-unit housing. The followin2 uses shall be � � 0 y � o a �a a � C�. L:i USE � Multi-unit Process II housing (stacked Possible dwelling units) Process E)(HiBiT B in ti�e city center frame (CC-F) zone subiectto the Re uired Yazds � a U �" 'p C/1 � � o� �� h o � � � � PX � w v� w x�n wa Multi-unit housing: 70 ft. samc as these or requirements for 85 ft. lII Senior citizen or See notes Senior citizen special needs 1, 4, and and special See note housing: 5 needs housing 1 20 ft. 5 ft. 5 ft. (stacked See notes 1, 5, 8, and dwelling uniu) � � USE �ONE CHART and notes set forth in this section: Z��+ CC-F SPECIAL REGULATIONS AND NOTES Multi-unit 1. Thc city may, using process III, modify tequired height, yazd, landscape and other site design and dimensional requirements for a housing: proposed development that meeu the following criteria: 1.7 per uttit a The proposed development will be cons�stent with the adoptod comprehensive plan policies for this zone; and b. The propused developmear will be consistentwith the applicable design guidelines; and See note 17 c. The sheet utili6es and other in&ashvoNre in Uie area are adequate ro support the proposed development. 2. Multi-unit housing and accessory residendat nses may be located on the ground floor of a structure only as follows: (a) ground levei space that spans at least 60 percent of the length of tlicprincipal comme�cial fapade, as determincd by the diroctor, is occupied with one MiXed use or more other uses(s) allowed in this zone; and (b) ground level space that spans at ttast 40 percent of the length of all other straet-facing development, facades is occupied with one or moro other use(s) ailowed in this zone; and (c} all ground level nonresideneal spaca(s) have a minimum senior eitizen floorto-ceiling heiglrt of 13 ft and an average'depth of 30 ft., but in no casa less than 15 ft. Stacked senia citizen or special needs and special housing may stand nlone. neCds 3. FWRC 19:265.010 et, saq., contains regulazions regarding hrnne occupations and other accessories, facilities and activities associated housin �� this use. g� 4. Bwlding 6eigh[ may be increased from the permitted nuhight. h.eight of 70 R. to 85 ft. in excl�ange for providing pubticly visible DetCRtttned streetscapt amenities, as defined in Chapter �9:�319.05.190 FWRC, along the right-of-way;, the siting and design of which shall be on a Case-by- approved by the director. case beSis 5. Structures on property xhat adjoins a residential zone shall be sat back a minimum of 20 ft. from the property line adjacent to the residential zona. The 6eight of structures shal! not ezceed 30 R. above average buildiag elevation when located between 20 ft and 40 ft. from the adjacentresidentially-zoned property line, and shall not eacaed 40 R. above average building elevallon when located benveen 40 ft and 100 ft. from such property line. 6. T6e subject property must-provide feeree�ena� usable open space in a total-emaunt equal to at least �89 jQ0 sq. ft. per dwelling unit and may include private o�ea spaces wch as yards, patios; aad baleonies, as wel[ as common ooen s�ces erees such as Iu azas. playgrounds, recreazion ro6ms, rooftop terraces, o-°atches• pools„ active lobbies, and atriums; -- -- -- ... Process I, II, III and IV are described �n �-- For other information about pazking and parking areas, Chaptu 19.1,30 FWRC. Chapur 19.55 FWRC, Chapter 19.60 FWRC, For dctails of what may excced this heig6t 6mit; see FWRC 19.110.050 et seq. Chapter 19.65 FWRC, For details ro din r uired yacds, see FWRC 19.125.160 at seq. Chapcer L9.70 FWRC respectivel . � g� K:�2012 Code �AmendmenU�ResideMid Opeo spaee in CC disesricts�Plenni�g Commiaeion�Exhibit 8 19-230.060 Multi-Unit Houeing-rovised.b.doc 19.230.060 Multi-unit housing. (Continued) The followin uses shall be ermitted in the ci center frame (CGF zone sub'ect to the re ularions and notes set forth'in this section: USE ZONE GHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS va Minimums p � Re uired YardS � Z�� Q =c�. � CC F ►-� � 3 N � � 8 �' a OG ° '� � � °' � . :eh � �° 'x USE a� ,� �Q„ N � x� � a SPECIAL REGULATIONS AND NOTES 7. No maximum lpt coverage is established, Instead, the buildable uea will be determined by other site devalopment requirements; i.e., buffers, parking lot IandscSping, surFace water facili4es, etc. 8. No setback is required adjacent to rights-of-way for senior citizen and special needs housing, when publicly visible streetscape amenities, as defined in Chapter 19.115 FWRC, aze located along the right-of-way; the siting and design of which shall be approved by the director. 9. For community design guidelines that apply to the projecC, see FWRC 19:115 FWRC. 10. For landscaping requirements that apply for the project, see C6apter 19.125 F WRC. I 1. For sign requirements that apply ro thaproject, see FWRC 19.140 FWRC. 12. Refer to FWRC 19.265.010 et seq. to derertnine what other provisions of this chapter may appty to the subject property. 13. For provisions t6at relate ro tlie keeping of animals, see FWRC 19.260.010 et seq. 14. Single-story buildings may not excced a rotal ground floor area of 16,000 gross sq. ft., unless approved under the provisions of FWRC 19.110.080, or approved by the director for minor additions such as entry structwes, lobbies, seating or dining azeas, bay windows, and similar features; provided that such addition(s) shall not exceed 1,000 sq. ft. per building in any one consecutive 12-month period. 15. No more than 16,000 sq. ft. of new single-story construction may occur on a subject praperty, increases approved under the provisions of FWRC 19. ] I0.080 and minor additions approved by the director under note 14, above. 16. Mul6plo-story buildings are not subject to notes 74 and 15, above; providad tl�at each Hoor contains at least 75 percen[ of the gross sq. ft. of t4e floor below it and contains a prmcipal use(s) pennitted in this zone. 19. Required pazking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c), and (d). Process I, II, IQ and IV aze described in For other informaSion about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chaptei 19.60 FWRC, For details of what may exceed this height limiS see FWRC 19.110.050 et seq. Chapter 19.65 FWRC, For derails regarding required yerds, see FWRC 19:I23.16U et seq. Chapter 14.7D FWRG r�specsivsly. K:�2012 Code AmendmentsVteaidential Open space in CC distsric[s�Planning Commission�Ezhibit B 19-330-060 Multi-Unit Housing-reviud.6.doe EXHIBIT � Federal Way Revised Code Title 19, Chapter 1�15, "Community Design Guidelines" (d) The common open suace shall not be located on asphalt or Qravet pavement, or be adiacent to unscreened parking lots, chain-link fences�,or blankwalls, and mav not be used for parl�ng, loading, or vehi¢ular access. (e1 Pedestrian access wavs shall onlv he counted as common open saace when the malor focal point and gatherinE place Common open spaces shall include a si�n�cant and recreational open space, such as seatin� or sittinQ walls li�htin�, weather protecnon1 special paving landscapin�, and trash receptacles In addition the common open spacefs) should provide one or more siEnificant visual or functional amenities such as a water feature, fireulace, and/or artwork, and should ailow for active uses such as phvsical exercise, children's plav area, �athering area for �roup social events, and' a-patch or other gardenin� activi . (2) PRiVATE OPEN SPACE• In order to be credited toward total residential usable oqen space private ouen space must be a minimum of 48 sq. ft. and have a minimum dimension of 6 ft. f31 PUBLICLY ACCESSIBL� OPEN SPACE: Publiclv accessible open spaces requirement, as long as the open spaee is directiv accessible to and available to residents for requirement. �4) FEE-IN-LIEU OPTION: A fee-in-lieu navment mav be made to satfsfv up to 50% oi the residential usable open space requirement for the development of pubiic uarks and_ EXHIBIT D Federal Way Revised C'ode Title 19, Chapter 100, "Mitigation of Development Impacts" 19.10�.a70 Timing of fee payments. Various sections of this Code require payment of fees to mitigate direct impacts of the development approval. Notwithstanding those fees eligible for deferment pursuant to subsections (1)(b) 1 c and (3xb) ofthis section, the following describes when such fees shall be calculated and paid: (1} Open space fee-in-lieu. (a) As vrovided ia FWRC 18.55,060 and 19.115.XXX, a 74 fee_in-lieu of open space may be made to satisfy open space requirements at the discretion of the parks director and shall be calculated and paid at the time of plat recording for residential land divisionszor prior to building permit issuance for deferred as noted below. The fee slialt b� calculafed based upon the square footage of open space which otherwise would have been reguired to be provided muhiplied by the subject property's assessed or appraised val.ue. (bj'Fo'r those residential land divisions vested prior to July 2, 2015, open space fees-in-lieu may be deferred, but shall be paid no later than the closing of sale of each individual house or five years from deferment ofthe fee, whichever is earlier. Govenants prepared by the city shall be recorded at`the applicant's expense on each lot at the time of plat record'ing to enforce payment of deferred fees. The fee shall be calculated at the time of plat recording and divided equally among all newly created lots. The fee shall be calculated based upon the sGuare footage of open space which otherwise would have been required to be provided multiplied by the subject properiy's assessed or appraised value. As consideration for the ability to defer open space fee-in-lieu payments beyond plat recording, the applicant agrees to waive the right to interest and/or a refund if payment is not expended within five years of collection. (c) For muttifamilv develouments in the city center-core and citvi center-frame, open space fees-in-lieu mav be deferred. but shall be naid no tater than the completion of construction and nrior to receipt of certificate of occuuancv/approval to occupv for each floor or each buildin� if permit issuance, the anplicant a�rees to waive the ri�ht to interest and/or a refund ii pavment �s not exnended within five vears of collection. (2) Regional stormwater facility fee-in-lieu. Developments may be able to utilize stormwater detention in one of the city's regional stormwater facilities based on an area fee-in-lieu established by the city. Fees are used for construction cost recovery and shall be paid at the time of plat recording for residential land divisions and prior to building permit issuance for commercial and multifamily developments. (3) Transportation impact fee. Unless the use of an independent fee calculation has been approved, or unless a development agreement entered into pursuant to RCW 36.70B.170 provided otherwise, the fee shall be calculated and paid per the following: (a) For residential land divisions, fees shall be calculated and paid at the time of plat recording. For unplatted single-family residential lots, commerci�l and multifamily developments, fees shall be calculated based on the impact fee schedule in efFect at th� time a completed building permit application is fled and paid prior to permit issuance. For a change in �se for which no building permit is reyuired, the fee shall be calculated and paid based on the impact fee schedule in effect on the date of an approved change of use. (b) For residential land divisions and unplatted single-family residential lots, the transportation impact fee may be deferred, but shall be paid no later than the closing of sale of each individual house. Covenants prepared by the city to enforce payment ofthe:deferred fees shall be recorded at the applicant's expense on each lotat the time of plat recordizig for residential land divisions and prior to building perinit issuance for unplatted single-family resid�ntial lots. The fee shall be calculated based on the impact fee schedule in effect on the date of payment of the impact fee. (Ord. No. 10-658, § 6, 5-18-10) EXHIBI'6' E Federal Way Revised Code Ti�le 19, Chapter 5, "Zoning and Develop�ent in General" 19.05.150 O definitions. "Occupc�nt" means a person that legally occupies a structure or property. "Office t�se" means a place of emplaym.ent providing services other than production, distribution, sale or repair of..;goods or commodities, and includes but is not limited to: me�lical, dental or other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial; marketing, advertising, personnel or other similar personnel services; saXes offices where no inventories or goods are available on the, premises; real estate, insurance, travel agent, loan eompanies, brokerage or othei similar services. The following uses are specifically excluded from the defnition of "office": banks, savings and loan sompazlies and similar financial institutions. � "�ce zones"mean the PO, OP and CP-1 zoning districts. "�cia1 notifacation boards of the city" means:the bulletin boards in the public areas of City Hall and other pu6lic locations as designated by cit� council: "On-site. hazardous waste treatment arrd stor. age facilities"means facilities which treat and store hazardous wastes generated on the same properfy or geographically contiguous properties, which tnay be divided by public or private right-of-way if the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed togoing along the right-of-way. "Open house" means an event heid at a specific location, that is open to the public, and where the event holder remains in attendance during the event. "Open record hearing" means a hearing that creates the city's record of decision for an application or appeal through testimony and submission of evidence and information, under procedures prescribed by the city's hearing examiner or the city council. An open record hearing may be held prior to the city's decision on an application, or as part of an appeal. "Open space " , . , . means an area of land that is valued for natural spaces that provide active or t�assive recreaiional amenities for a development's occuvants or users. "Open snace, common," means open space which is normallv utilized bv the occupants of a buitdin� or aroaerty. "Open space, private," means se�a� open space, the use of which is normally limited to the occupants of a single dwelling e��xge�r•e�et�}. "Open space, public," means open space owned by a public agency and maintained by it for the use and enjoyment of the general public. "Ordinary high water mark" means, on lakes, streams and tidal waters, that mark found by e�camining the bed, banks, or shore and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character distinct from that of the abutting uplands with respect to vegetation. Where the ordinary high water mark cannot be found by mark, the ordinary high water mark shall be the line of inean higher high tide for salt water and the line of inean high water for fresh water. In any stream where neither mark nor mean high water can be found, the channel bank shall be substituted. In braided channels and alluvial fans, the ordinary high water mark or substitute shall be located so as to incfude the entire stream feature. "Outdoor" means nat contained within a building. "Outdoor storage " means any material or item (including vehicles), being stored for or awaiting sale, lease, processing or repair and not enclosed within a building. -"Outdoor storage containers " means new or used prefabricated metal or steel enclosures used for the accessory storage of supplies, equipment, inventory, goods, commodities, or construction-related materials; or temporary offices for active construction sites; designed without an axle or wheels; and capable of being mounted on a chassis or bogie for movement by truck, trailer, railcar, or ship. This c[�finition includes, but is not limited to, cargo, shipping, and freight containers; and excludes typical r�sidential accessory buildings or structures such as garages ajid storage sheds; garbage and recy�ling conta.iners; containers mounted on. a tr.uck or in some stage of iransport; structures used or designed to be used as living facilities, and portable moving containers.as de�ned in this chapter. See FWRC t9..125.180 and 19.125.190. "Owner" means, in reference to real property, the person or persons holding fee title to the property as we31 as the purchaser or purcliasers under any real estate contract involving the real property. (Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09; Ord. No. 08-585, § 3(Exh. A), i 1-4-Q8; Ord. No. 08-583 § 3(Exh. A), 10-21-08. Code 2001 § 22-1,.15.) �'t�nning �l.dvisor.lanuary 2U12 �I��'1n3�g ��'�S�r Page 1 of 13 _. _.. _....... __._.... hAun�ci�a! �te��arch and ��vice� �er�t�r af �Yashin��.�n i�!�'�rkir�'i'a��t��r ��r E�ce�(L�r�ce 9�t Loca1 �v��-�m�nt MRSC has joined with Phil Olbrechts, Attorney, Olbrechts and Associates, PLLC, Pat Dugan, Dugan Consultina Secvices, Anindita Mitra, founder of CREA A�tlates. LLC, and Bob Bengford, Partner; MAKERS, to bring you the "Planning Advisor" articie series on planning and growth management issue affecting Washington Locai Governments. The "Planning Actvisor" wil) feature a new articie each month with timely information and advice you can use.* Post a comment � Provic�ing for Usable Open Space for 1V�ultifamily Developments January 2012 By Bob Bengford AICP, MAKERS This is the second of two articles discussing regulatory strategies to address two challenges to creating compatible and livabte infiil development. The flrst article, pubtished in �ebruary 2011, discussed strategies far pratecting existing nelghborhoods from the impacts of new development. This article describes concepts for providing usable open space i'n new multifamily residences. Introd�ction Smart growth prindples call for the development•of more intense mixed-use centers at transportation hubs or other strategic iocations plus muitifamily infill in neighborhood centers. Demographlc changes in concert with fue! costs are increasing the demand for compact. multifamily housing in Westem Washington and throughoutthe coun.try. With rising iand costs, cities are finding it increasingly difficult to create new parkland to serve this increased density. 'i'hus, it's beeoming- increasingty important for cities to updaEe regulations to provide for usabie on-site open space associated with muftifamity development. This articie examines: • "fhe goals and benefits of providing on-site multifamily open space • Research and resources • Notable challenges in providing on-site open space • A comparison in'how a few Washington cities regulate open space • l.essons learned/considerations The goals and benefi#s of providing on-site multifa�nily open space �Wlai� � http://www.mrsc.org/focus/piadvisor/p1a0112.aspx 7/10/2012 Planning Advisor January 2Q 12 Page 2 of 13 _._._.... _..__. ,4-�e�sorrab�e-goal-€er-artry-ett�shorrld-be-to-pr`ovi�te-�e�ider�t�-w4�Fi-aeee� �o-t�sabF�ope�t-spaee-€o�-_...._ __.... _. _.... . recreation and leisure activities. While this is impartant.foc ali age groups, usabie opetl�space is - particulacly importanE for children. On-site open space associated with residentiat development brings a number of other benefits toward creating healthy and livable communities. Seio.w is a sample of some of the more notable benefits: • Health benefits - pathways and recreational facitities such as ptay areas, swimming pools, and fitness centers promote increased physicai activity. Balconies and common areas alsd ofFer opportunities for gardening and growing a smail amount of herbs, fruft, and/or vegetables; • Enhanced residential:�ettrng:- fihis lncludes an increase in iight and a[r to dwelUng units surrounding the commo�r open spaces and, enhanEed views Prom units. Where� Candscaped open spaces are visible from the street. or adjacent pcoperties, they bring obvious enhancements to the community's character as welf. Gourtyard spaces can also ofFer increased privacy-through tl�e strategic configuratlons and the piacement.of windows and tandscaping; • Enviranmentat benefits - ground level and courtyard spaces and even rooftop de�ks offer. opportunities for #rees and plants which consume carbon d.ioxide and heip to reduce stormwatec runoff; � •� Sociai benefits - weii-desiqned common open spaces provide increased opporCunities for socia! interaction with ne'►ghbors; • Safety - common open spaces that incorporate CPTED principles (Crime Prevention Through Environmental Design) increase the number of "eyes on the space" by allowing famiiies to keep an eye out on chiidren and for residents to be on the laokout for crime; and • Generaf functiona) bene�ts - spaces such as balconies can provide a wide range�of other funcCionai behefits to residentiat Ilving. This can include a space to hang-dry ciothing, space to barbecue, or conduct certain cleaning or other activities that are di�cult to clo indoors. The common open spaces at the coordinated Z-home (�rrst net zero energy multifamily development in the country} and YWCA deve/opment in Issaquah Highlands provide for multiple functions. This includes recreational bene�ts, visual amenities, increased solar access to adjacent units, and low impact development techniques used in the common areas help to manage stormwater impacts from the developmenr on the site. What are the Challenges to Providing I7sable Upen Space? Below are the challenges Chat are most often cited to providing usable on-site open space. � Lack of space. This chalienge is most notable on smaller sites in heavily urbanized areas where land costs are high. Developers can argue that carving out open spaces reduces the opportunity for rental or sates income. However, the typicat con�guration of resldential buildings on city biocks neariy aiways leaves pfenty of feft-over space to accommodate courtyard spaces between buildings and building wings. For constrained infill sites where generousiy sized courtyards may not � i � ��f��.� http://www.mrsc.or�/focus/pladvisorlpla0112.aspx 7/14/2012 Planning Advisor 3anuary 2012 Page 3 of 13 be possible, a combination of bakonies, rooftop decks, and/or indoor common open space may be kt�sati�g ' _..__ ; sa��ier� - - • • Cost. The cost of designing and buiiding the open spaces affect the bottom line of developments in two ways.A Yes, they do add costs ta devetopment, but they also help to bring in revenue in terms of sales and/or increased rentai rates due to the amer�ities they create for residents. Uttimatety, open spaces don't need to be expensive. The usability of open spaces is often best determined by the basic configuration of spaces and the relationship of units, windows, building walls, and simple landscaping elements. Much of this comes from thoughtfui design rather than expensive materiais and furnishings. • Maintenance. This is a critical factor in the {ong term usability of common ctpen spaces. While there are obvious costs associated with maintenance, the'design of open spaces can help to reduce ongoing maintenance costs. Where residents have good access to the open spaces and frequentfy use them, there's a certain amount of self-maintenance that occurs. But maintenance needs to be buitt into the cosks of the development, just as other amenities factor into the rents that residents are willing to pay to live in particular developments. �Vhat other I.iterature is Out There on Multifan�i�y Upen Spa�e? While muct� has been written about pubiic open space, literature on the=bene�ts of private on-site open space is surprisingly hard to find. The most common source of information availabie is within municipal design guidetines and standards. But outside of brief intent statements, guidelines, and graphic examples, an in-depth discussion on the benefits and characteristics of multifamily apen spaces are most often left to books and literature. Sorne notable 'sources of information on tFie design and�or benefits of muitifamily open space include• • Housing as ifPeop/e Mattered and Peop/e Places (Cooper Markus and othec's). These two books - especially Housing as if Peop/e Mattered - are hhe best and most extensive studies of private residentia! open space that I've. found. While the photo examples and graphics feel a little outdated, the contents and design guidelines, which touch on the ful! range of open space issues, are stiil spot on. Both books place a strong emphasis on the special needs of families wiEh children. • Site Planning (L.ynch and Hack). 7'his classic includes exceltent guidance on housing deSign and dlscusses outdoor space. needs for resldents, notably for childre� and teenagers (w�ich they note are often forgotten in housing design). 'Tl�e book states that "it is better to distribute a varied set of piay opportuntties in many locations rather than to concentrate them in one area." Lynch and Hack.dlscuss the importance of balancing visibility with privacy and the unique needs of indiyidual housing types. � Pattern Language (Alexander, Ishikawa, Silve�stein). �Another classic, this book includes a wealth oP ideas in creattng livable environments. It includes chapters on the various housing types, the needs of dlfferent age groups and families, and the design of a wide range of outdoor spaces associated with housing. • Form-Based Codes (D. Parolek, K. Pacolek, and Crawford). This includes a brtef section on internal open space and provides guidance on courtyard cfesign. The authors consider approprtate dimensions based on solar access and adjacent buiiding heights and whether the courtyard is on the ground or on a podium over parking. There are surely other resources that I haven't stumbled upon - fiherefore please comment if you recommend another.great resource on multifamily open space :design/needs. Comparing how Facific l�iorthwest Cities Regula#e Mul#ifamily Upen Space http:!/www.mrsc.org/focuslpladvisor/plaOl I2.aspx 7/10/2012 Planning Advisor January 2012 Page 4 of 13 communities regulated internal multifamily open space. This ultimately included Seattle, Tacoma, Bellevue, and Redmond. Each city's approach difPers somewhat from the others. A(so, ali four cities recenfily updated at least some of their appileable standards. Since each city has a variety of zones that allow for mu(tifamily housing, I've divided the following chart into the segments - by housing type: apartments (single purpose), apartments in a dense mixed-use setting, and townhouses. For each city, the chart addresses the amount of open space required, design-related requirements, applicable design review process, and finally some comments and observations. Comparing Multifamily Open Space Requirements C�ty Seattle Tacoma Bellevue Redmond Hausing Type - Apartments (singie purpose muiYifamily uses) App4icable Lowrise zones R-3 - R-5 zones and R-10-30 zones, R-12 to R-30 zones? commercFal zones Standarrls Open space standards Usabie yard space plus Multifamily play area Spedfic open space influencing 'plus setbacks, density setbacks; minimum lot size, standards plus stand�rds plus setbacks, amount and limit, parking, floor area parfcing, density limit (R-4L setbacks, density limit, landscaping, parking, �oC type of open ratio (FAR), bui{ding/ zone only), and landscaping parking, lot coverage, coverage, and Impe�vlous space fac,ade width limits & standards impervious area, surface standards Green Factor provisions greenscape sbndarcls (front yard), and landscape standards Open space Ll zone: 300sf common 10% of the lot size (R zones Emphasis on cfii{dren's Minimum 20% of lot required/un� open space/unit - but noC C zonesj; play areas - 800sf/10 (average) C-zones - 10�/0 of site not units plus 50sf/unit covered by buildings must above 10 units L2-4 zones: be landscaped 25% of the lot area as open space at ground level - except 50"/o can be balconies/decks for L3-4 zones Required Commort open space - Usabie yard space - min 15' 800sfmin size and All yards + decks and standards for min 30' dlmension and dimension; May not be in min. dimension of 25'; porches may count as open space 2505f area; may be in front yard; May be any Design standards on open space provided they front, side or rear yard; combinatlon of private & accessibility, amenity have minimum 15' Balcony/deck - min 6' shared space elements and 'dimensions; For multi-iot dimer�sion + 60sf area separation from auto developments, standard areas can be applied for whole development Design Design review required No existing design No design guidelines 25�0 of open space for guidelines/ for projects over certain guidelines or review process or other design review large developments must review process size threshold or for (although MAKERS recent{y process for the R-zone be as common open projecYS seeking design conducted a study for development space; indudes guidelines departures examining opGons for city Por common open space to consider) and iandscaping design; Design review process for • al! multlfamily http:/lwww.mrsc.orglfocus/pladvisor/p1a0112.aspx 7/ 10/2012 Planning Advisor January 2012 Seattle Comments New code generaliy and reduces the amount of observations open space cequired - but has a greater emphasis on the design/usabitity of the space; Recentincrease in "green facto�' reguirements is mo�e challenging/ cosNy to applicants Tacoma Other than dimensional standarcJs noted above, there are no standards/ guidance for muitifamily open space in the standard commercial zo�es Housing Type - Apartments (higher intensity mixed-use zones) App{icab{e � Commercial mnes ZOR25 revlewed StandarcJs Amenity area pius influencing setbacks, density timit, ' amount and floo� area ratio, parking, type of open and green factor space provisions Open space Commerciai zones: S% required/un� of re,sidential floor area {amenity area) Required design standardsfor open space Design guidelines/ review process •�areq opeq space - min 10' dimension and 250sf area; Front, side or rear yards OK; BalconyJdeck - min 6' dim. + 60sf area; Must not be enclosed; Rooftop space not counted as amenity area Deslgn revtew required for projecks over certain size threshold or for projects seeking design departures Various Mixed-Use Center districts Yard space standarcfs plus density miramum, parking, mass reduction standards, and lan�scaping standards 100sf/unit yard space Recently updated: 100% of space may be common yard space - min 15' dimension + other design standards; Balcontes up to 50% required yard space - at least 35sf and min 4' dimension; Rooftop deck up to 25°/a of yarci space in mixed-use buildings No existing design guidelines or review process (afthough MAKERS �ntly conducted a study for examining options for city to consider) Bellevue Unique in that fucus is only on chiidren's play areas; No mention of balconies or other usable open space p�ovisions. Downtown zones and Set fted corridor zones {new) Floor area ratlo (FAR), max floorpiate standards, towe� stepback pro-visians, sidewaik� builcJing relattor�ship, parking, and FAR bonus incentive provisions (some relate to outdoor open spa�) No spedfic requirement fur Downtown or the Bel- Red Corridor There are standards � guidelines for public open spaces for Downtown and the Bel -Red Corridor, but no standarcLs or guidelines for private open space for multifamily uses (no mention of balconies, for instance) Yes, there are guidelines and an administrative design review process, but again, no guidance for private open space for multifamily uses Page 5 of I3 Redmond For citywide standards, biggest emphasis on variety of site and buifding destgn Downtown zones, OveNake �tlage zones Minimum open space standards, parking, setbacks and max floor area ratio standards Downtown - IOOsf comman open space/unit + min SOsf private open space/unit; Overlake - 6.25°� of gross residentia! floor area as open space Downtown - up to 100°�b of required open space can be common, at least 200sf in area, min i2' c�imensio�s; QvPrlakP - up to 100% of requlred open space can be common, but,up to 5Q% can be private and/or rooftop open spac¢ Design review for ali multifamily; There is more design guidance for open spaces in Overlake, than for powntown - exoept there are speciflc courtyard dirnensiorral standards for downtown http://www.mrsc.org/focus/pladvisor/p1a0112.aspx 7/10/2012 Planning Advisor January 2U12 Seattte Comments Recent update reduces and amounC of open space observations but places more emphasis on design quality, usability Housing Typee Tawnhouses Appliqble towrise zones zones? city Tacoma Updated standards addressed some serious regulatory shortcomings; City wili probably give it some tirne during poor economy and see how new developments work out before creaGng a new design review program Bellevue Private open space Isn't directty addressed at all; The focus is more on maximum building forms, street/ . sidewalk relationship, and incentives for public open space R-3 -R-S zones; Mixed-use R-10 - R-30 zo�►es zones Standards Open spaoe standards Usable yard space plus 7here are no influenci� plus setbacks, denslty setback�� minimum lot size, standards sperific to amount aod timit, floor area rado, and density limit townhouses - see type of open green factor, and open space standards space buildingJ fa,ade width referenced above for iimits apartments in muitifamity zones Open space 300sf private ground required/un� levei space (avg) wiCh min dimensioris of 10' Required Space must be directJy design accessibie to unit; For standards for sloping lots, decks ca� open space qualify as ground Ievel space 10°k of the lot size in R- zones, 200sf/unit yard space in MX zones Usable yard space - min 15' dimens3o�; may not be in front yard Design Administrative design No existing desigrt guidelines/ review required for alf guidelines or review process review process townhouses; Process (although MAIZERS recentiy m�y atlow some conducted a sd�dy for fiexibility in the amount examining options for city and design of open to consider) space Comments Updated standards and and administrative design observations review process provide greater Flexibility than old standards and focus mo�e on the quality of open space New townhouse standards in MX zones addressed serious shortcomings, but the R-3-5 zones outside of MX centers still lack open space standards/guidance The setbacks and lot coverage provisions will be most influentiaf for townhouses (other than basic market conditions); The piay area provis3on ensures that there wiil be some commoo open space Page 6 of 13 Redmond It is interesting to see somewhat different open space approaches between Downtowh and�Overlake (perhaps the timing - Overiake Standarcls are newer - has something to do with it). Dovmtown's specific standafds for minimum courtyarcl width are unique, a[nongst the four cities reviewed here R-12 to R-30 zones, pius Downtown & Overlake Zones - There are no standards specific to townhouses - see open space standards reFerenced above fv� apartments in multifamiy zones. For powntown - Townhouses with at �east 200sf of private open space and minimum dimension of SO' are exempt from common open space standards. The 20% open space wikh min. 15' dimensions seem very restrictive and challenging; Pianner Jeff Churchii4 noted that there isn't a lot of undevetoped R -12-30 zoned IandJeft in the city httn://www.mrsc.ore/focus/oladvisor/n1a4112.asnx 7/10/2012 Planrzing Advisor .Tanuary 2412 Comments and Observations on Regu:latory Research Seattle Page 7 of 13 With by far the largest pool of development test cases in Washington and the most intensive multifamily zoning code update process, the inclusion of Seattle in this study is essential. I met with Mike Podowski, the City's Land Use Policy Supervisor, to tatk about this article, the City's recent update, and some lessons fearned. Mike reiterated that is was important for the new code to add more flexibility while enhancing the design criteria and making some refinements to the review process (notably for townhouses). Like Seattie's new code, he suggested my research table above compare difFerent open space requirements based on the type of housing. He was also �urious about research on the beneflts of providing for open space. Seattle's new code substantially reduces the amount of reqwired open space in many cases, but adds greater emphasis on the quality and usability of the open space. I talked about the new code with architect Radim Blazej (Caron Architects), who is familiar with both the old and new codes. Radim reiterated that the added Fl:exibility in the code cegarding open space dimensions makes the code much easler to work with. For example, he indicated that the opportunity to provide up to 50% of the usabie open space on the roof was an attractive opporEunity. He's found that such rooftop spaces are most desirable for residents in the more urbanized settings due to the view potentfal and sense of privacy. � 0 The City`s previous code (up to 2008) had�basicaily no open space standards. As a resuit, there are a number of developments (particularly in the greater downtown area) that provide no open space or poorly design�d apen space. As part of a citywide "Design Review Project," I had a chance to work with the City (with MAKERS) to examine the shortcomings and propose solutions. T'Fiis project included the following components# • A study on the establishment of a design review program. The project reviewed numerous examples and identified a number of optional approaches that might work for Tacoma. • Updating the design standards for the various mixed-use zones (adopted 2008). Without a specia! design review process in piace, there was a strong desire to adopt prescrlptive standards to address open space and other destgn shortcomings. While this approach offers less design flexibility, the standards offer a number of choices in how their requirements can be met. The newly adopted standards are reflected in the chart above in the city's mixed-use center zones only. geilevue Beltevue's regulatory approach stands out as the most unique of the four communities particuiarly because the city has very few estabtished standards for private open space in multifamily devetopments. The city's design standards and guidelines for the most densely developed areas (Downtown and the Bel-Red Corridor) place much greater emphasis on providing publicly accessible open spaces — in addition to providing guidance for the form and character of development. Other specific comments and observations: • The recent _Bel-Red Corridor Design Guidelines are the most recent guidelines project undertaken by the city, and thus represent the latest in thinking about urban design in the city. The Bet-Red code emphasizes form-based standards and includes an extensive density bonus system that includes incentives for public open space. The guidelines include numerous photos of acceptabte and unacceptable design examples addressing streetscape ePements, building form/character and design details, but they dan't speci�cally address private residentiai open space. Pefiaps with the approach in emphasizing high quality streetscape and pub{ic open space, there is a reduced need to reguiate the amount and type of private internaf open space for muitifamiiy? http://vwvw.mrsc.org/focus/pladvisor/pla0t 12.aspx 7/10/2012 Planning Advisor January 2012 Page 8 of 13 • As a Bellevue resident, I often explore new jogging routes all over downtown. I've found that downtown's super block configuration often leaves a consicterable amount of land for public open space, given the naturat (and/or regulatory. ) limitations on tower Floor-plates and the extent of underground parking. Or, perhaps this open space is the resutt of the city's policies, guidelines and standards? Likely, it's a combination of both. • Most apartment/condo devetopments in downtown appear to have a good mixture of internal open spaces inciuding balconies, ground fev.ei plazas, upper level courtyards over parking decks (there are many), some internal recreational space, and some roof top decks (at ieast that I know about). The smaNer infill mid-rise developFnents appear to have the smailest amount of open space - a situation common in nearly all urban centers in the region. • Emfl King, the c1ty's Strategic Pianning Manager, noted that perhaps there was a reduced need for on-site private open space within developments that are adjacent to public parks or plazas (and I agree). He mentioned projects adjacent to the Downtown Park and the smalier Ashwood Park and Plaza as good examples. • s. . . lf�ving. mek with pi.anner )eff Churchill s�verai times over the past couple years, I wzs aware that Redmond w�s in the midst of a major zo�in.g code upda.te and had recently adopted new zoning and design standards for the Overlake area. Additional observations and comments: • The open space standards for the muitifamily zones focus primarily on landscaped ground level open space. 7eff noted that these are essentially suburban type standards, but that very littte developabie land in these zones remains. -� • The courtya'rd dimensionai standards for powntown are noteworthy for their ability to enha�ce the desirability and usability of such spaces. • The Downtown open space standards include a"fee in lieu of" open space aption, but oniy for up Co SO% of the required common open space. Some Lessons I.earned First of all, it's obvious that individual regulations need to suit the unique needs of the community. By this, I mean a combination of local market demographics and unique community characteristics and goals. Some keys in crafting�.approaches for regulating and designing multifamily open space include: • Recognize different needs for different hous ing types. Townhomes and other ground based multifamily housing types have different needs than apartment buildi�gs with stacked flats. Regulations need to reflect those inherent differences. • Involve locai deveiopers, designers, and builders. It's always important to talk with the local development community to find out what's working and get them involved in any process to update development standards. • Bigger is not necessarily better. Communities requiring an excessive amount and/or sizes of apen spaces can actualty discourage development by impacting the viability of development. The problem 3s compounded when there isn't adequate design guidance Porsuch spaces. I've found it more effective to work with the community in providing guidance in designing usable apen spaces and determining the amount of usable open space necessary for livabte developme�ts and given reasonable development objectives. • E�courage a range of open space types. This is parti�ularly important for apartment buildings. Visibie common open spaces such as courtyards are typlcally the most important open space resources, but other types of open space should be encouraged. http://www.mrsc.org/focus/pladvisor/t�1a0112.aspx 7/10/2012 Ylanning Advisor 3anuary 2012 Page 9 of 13 ■ Balconies provide a usable Pr9vate open spa.ce resource where residents can barbecue, __ . . _ _�" - - .-_ - . . ,th�teu��.ls�k��tt�taz��= t�� _ _ _ _.. _.. that residents typicafly spend on batconies is small, it's,noteworthy to consider how balconies can allow gceater dayllght into units and help to expand the perceived living space within the unit. ihe book Housing .as if People Mattered suggests that the minimum size of a baicony to be functionaliy useful is 60 square feet with no dimension less than 6 feet. . Rooftop decks are becoming an increasingly important resource for infili multifamily developments in heavily urbanized areas. These spaces are more likely to be used where they feature good views, feature a�ange of amenities, and inciude design features that enhance accessibifity and safety. ■ Pea �a�ches are a feature that shou{d be increasingiy encouraged, in response to a renewed ' interest in the locai food movement. However, the location, design, and management of pea patches ace very important to ensure they can be effectively used and maintai:ned. To be sure, they are fikeiy to be used by only a fraction of residenfs, but they can serve as a visual (and eVen social) amenity for other resldents. ■ Chifdren's Rfay areas should always be considered and be required to some extent in larger developments. Like nearly a11 open space types, visibility to/from adjacent dweiling units is ' critical, ' ■ Indoor recreational areas should aiso be an option to meet a portion of the total intemal ? oper� spa�e needs for the development (buk not ail of it) of infilt housi�g tjrpes in more ; intensive urban areas. The�e spaces�sMould� be sp�cificaily designed for recreationai activities and be housed in accessible and visible areas. ■ Woonerfs mighC also be �ons[dered as a usable open space resource in townhouse developments. A woanerF is a Dutch ferm for a street that is designed equalty for ' pedestrians and automobiles - typicafly where there is special paving in a curbfess design integrated with trees and other I�ndscaped elements that can also func.tion as a playcourt. i Consider reduced on-site open space needs. for developments adja�ent to public parks. "Adjacent" is the key'word, as it's the direct visibility and accessibility that prouide the link. • Test the standards. Consider both existing (if applicabie) and prospective multifamily development examples that meet other aoning standards to determine different ways that developers might choose to meet the standards. Assume the worst case scenario - is it good enough? Qn the other hand, are the requirements overly difficult or costly to meet? • Provide examples - both good and bad. Photos and other graphic examples are heipful for developers, staff, and other participants in the development review process. I've found the bad examples to be just as helpful as the good ones. I also suggest to communities to buifd a photo library of completed projects that they can share with prospective applicants when needed. Common Open Space Examples http:/Iwww.mrsc.org/focus/pladvisor/p1a0112.aspx 7/10/2012 Planning Advisor January 2012 These open spaces above are, both built over; parking decks - the:Jandscape elements help them function as a green roof while providing for visual and functiona! amenities ro the surrounding units. The left example above from eainbridge Island integrates large existing trees into a relatively large "commons" whi/e the right example iR downtown Bellevue doub/es as usable public open space, as there is a coffee shop to the feft. Obviously bad examples. Tl�e space on the left offe�s no amenities otf►er than grass area - and the slopes reduce the usability of the space for informa! recreation. The large blank walls and elevation change between the open space and the dwelling units reduce its attractiveness. http://www.mrsc_or�/focuslpladvisorlpla0l I2.aspx 7/ 10/20 t 2 Planning Advisor January 20I2 Page 11 of 13 It`s obvious that these courtyards are much too narrow to function as usable open space. The design severely limits the direct sunlight available to the space and also reduces the solar access and privacy to the adjacent units. Other Open Space Fxamples Attractive rooftop open space (left) and a pea patch example (right). The pea patch is at the Alycone Apartments in South Lake Union, Seattle. It's situated on an upper leve! deck, but visib/e from dwe!ling units on both sides, very accessible, and receives ample morning and afternoon sunlight. When i visited the development last year, t�here was a waiting /ist for residents to get one of the smal! plots. You can see the rain barrels in the background, which include rain water from adjacent roofs and provide a water source for gardeners. The complex also provides basic tools for residents. The cornplex uses the pea patch as a marketing tool (see fo� yourself) and it has become a popu/a� social activity for residents. Townhouse Fxamples http:l/www.mrsc.org/focuslpladvisor/p1a0112.aspx 7/10/2012 Planning Advisor Januaty 20 2 2 These townhouses include usabie semi-private front yard open spaces, while the left example adds balconies for each unit rhat help to expand the living area of the units. These townhomes were provided wi[h far t�oo little open space amenities. There is basically no setback in the rear yard, while the long asphalt driveways can be viewed as a wasred opportunity (move building closer to street'and provide some usable open space,in the back). Also, the balconies appear much too nacrow to invite use. ResourcesiLinks Afl of the books referenced above can be found on Amazon.com or check with your favorite book retailer. Other notable resources: • Seattle land use cade. Notabie sections: SMC 23.45.016 (lowrise open space requirements), SMC 23.47A.024 (residential amenity areas), and for the city's design guidelines, go to the foilowing link: Design Review Program Aoolicant's Toolbox: Desian Guidelines • Tacuma land use code. See 13.U6.300(g) for Mixed-Use Center District yard space standards. • �Ilevue land use code. For the Bel-Red Design Guidelines, see Section 20.25D.150. For Downtown, see Chapter 20.25A. • Redmond's new zoning code. Notable chapters are 21.08 {residential regulations), 21.10 (downtown regulations), 21.12 (Overlake regulations), and 21.36 (open space). See Article III for detailed design standards. Other notabfe codesJguidelines addressing residential open space: http://wwvv.mrsc.org/focus/pladvisor/p1a0112.aspx 7/I O/2012 Ytanning Advisor January 2U12 Page 13 of 13 ' Portiand has a number of great resources inefuding the 1998/2008 Community Design _r��<<ao� _ _ • EveretYs Core Residential Dev lopment and Design Standards; go to Section 33G.060 for open space. �I�nni:�g A��`��ur Pat Dugan has a unique combination of experience in both planning and public finance, spanning 35 years. As a planner, he has been a planning director in two cities (Auburn and Burien), and two regional planning agencies in Oregon and Washington; and was a planning manager in Goleta, California. In public �nance, Pat has served as the chief flnancial officer in four public agencies including the Cities of Auburn and Lynnwood, and the Snohomish County Public 1Norks Department. He has written extensively on financirtg capitai facility programs and on public finance for planners. Pat now ofFers planning and pub�ic finance consulting services and in h(s own firm, Dugan Consulting Services in Everett and can be reached at �onsult.duganC�a verizon net. Anindita Mitra, AICP is the Founder of �REA Affiiiates. LLC a planning and urban design consultancy that focuses on creating awareness of unsustainable practices, and offers a platform for af€ected Parties.to openly communicate and collaba�ate to arrive at creative sustainable solutions. She is also one of the Co-Chairs of the Ctimate and Sustainability Initiative of the Washington Chapter of the American Planning Association. Anindita's current inte�ests include the development of sustainable master plans and streetscape deslgns; establishing sustainable community indicators and thelr integration into comprehensive plans and governance; identifying creative solutions directing communities towards energy-independer►ce; preparing communit�es for the chailenges potentiatly brought upon by the Climate Change phenomenon; and advancing the integration of transit and non- motorized travel solutions into community land use planning. She has worked throughout the United States for both the public and private sectors. .. Phil Olbrechis is a member of Olb�echts and Associates, PLLC. His practice focus is upon land use, reai property and municipa! law. H� currently serves as hearing examiner for eight municipalities and city attorney for three cities. He represents both public and private parties and has made hundreds of presentations and on land use faw throughout the State of Washington. Bob Bengford, AICP, is a Partner with MAKERS architecture, planning and urban design firm. Bob's community design work encompasses all transects, from urban downtowns and transit-oriented development to rurat area planning. Since joining MAKERS 13 years ago, Bob's speciaity has been heiping communities craft usable development regulations and design guidelines. The combination of growing up in a sprawling Orange County (CA) track home subdivision, reviewing development plans against antiquated and inconsistent codes in rural Bonner County (ID), and working with a great mentor at MAKERS (John Owen) have helped Bob recognize the criticai importance of good development regulations and design guidelines in shaping vital and healthy communities. As a resident af Bellevue, Bob has been active in various community planning issues. He's also an active four-seasan bicycle commuter, hiker, gardener, and urban expiorer. �� *The Articles appearing in the "Planning Advisor" column represent the opinions of the authors and do not necessa�ily reflect those of the Municipal Research and Services Center. http://www.mrsc.org/focus/piadvisor/p1a0112.aspx 7/10/2012 CITY OF FEDERAL WAY PLANNING COMMISSION July 18, 2012 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Lawson Bronson, Wayne Carlson, and. Tim O'Neil Commissioners absent: Tom Medhurst, Hope Elder, and Sarady Long (all excused). Sta.ff present: Planning Manager Isaac Conlen, Senior Planner Janet Shull, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Tina Piety. . CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of Apri14, 2012, were approved as presented. AUDIENCE COMMENT Diana Noble-Cruddiford, Federal Way Historical Society Presfdent — She noted that research and adoption of an ordinance addressing historic preservation is on the Planning Commission's 2012 Work Program and she presented the Commission with some background on the issue. She gave the Commissioners a handout where it was noted that research shows that 546 properties within the City of Federal Way were built in 1950 or before and 28 were built in 1920 or earlier. Some examples of potential Federal Way landmark status properties include the Federal Way High School, Camp Kilworth Rotary Lodge, Dumas Bay Retreat, and the Robert Verzani Home. She stated there are many others. She commented that one of the primary benefits of a historical preservation program is that owners of designated landmark properties would be eligible to apply for a variety of incentive programs for preservation. A historical preservation program would implement the Federal Way Comprehensive Plan's policies. A discussion was held regarding Federal Way High School being a potential Federal Way landmark. It was noted that Federal Way Public Schools is considering demolishing the school and replacing it with a new one. It was noted that portions of the school could be preserved. The entire building does not necessarily have to be preserved if it is declared an historical landmark. It would depend upon the landmark preservation policies adopted by the city. Developing these policies will be part of the proposed code amendment. ADMINISTRATIVE REPORT None K:�Planniag Commission�2011Vrfeeting Summary 07-18-12.doc Planning Commission Minutes Page 2 July 18, 2012 COMMISSION BUSINESS PUBLIC HEARING — Proposed Amendments Related to Open Space Standards for Multi-Unit Residential Development Within the City Center-Core and City-Center Frame Zoning Districts Ms. Shull delivered the staff report. The proposed amendment will reduce the minimum amount of required on-site open space for residential development in the City-Center Core (CC-C) and City-Center Frame (CC-F) zoning districts. In addition, it includes design guidelines that will emphasize quality over quantity and help ensure the on-site open space is usable. It will modify the open space definitions to make them more consistent with the way they are referenced throughout the code. Finally, it will add the option of a fee-in-lieu for open space related to residential development in the CC zones. Currently, the code requires a minimum of 200 square feet of usable open space per unit of residential development. Reviews of recent development proposals for high-rise, mixed-use development has shown that this requirement results in a required open space area that exceeds the size of the building site. Staff recommends that the amount of required usable open space be reduced to a minimum of 100 square feet. Ms. Shull sta.ted that in 2010, the City Council approved the recommended reduction of usable open space area in the Community Business (BC) zoning districts from 300 square feet per unit to 150 square feet per unit due to similar circumstances. This resulted in a lesser open space requirement in the BC zone as opposed to the CC-C and CC-F zones. It is anticipated that development in the CC zones is more intense than the BC zone and therefore, it makes sense to consider a reduction to the open space requirement in the CC zones. A new section is proposed for Chapter 19.115 that will provide recommended minimum sizes and dimensions for private and common open space areas to be considered "usable." The proposed section will allow for common (such as gyms, pools, and gathering spaces), private (balconies, etc.), and publicly accessible open space (when directly accessible to residents) of particular dimensions. Common open space areas will be required to provide amenities that will make them engaging and will allow for active use (such as child play areas). In addition, the proposed new chapter will allow a fee-in-lieu option for a maximum of 50% of the total open space requirement. The fees will be used for park facilities within the parks planning areas that coincide with the CC zoned areas. Commissioner O'Neil asked what percenta.ge of the open space must be public access. Ms. Shull replied that the open space is intended for the residents and does not necessarily have to be accessible to the public. Commissioner O'Neil expressed his concern that if a developer chooses the fee-in-lieu option, the money may not be used in a way that is directly beneficial to the residents. Commissioner O'Neil expressed his concern that if the open space is to benefit the residents he is uneasy with the option of a fee-in-lieu which will go to a park that may not benefit the residents. Commissioner Bronson stated he finds the proposed definitions confusing and asked for clarifcation. Ms. Shull replied that the city has a number of different types of open space and the definitions aze staff attempts to capture them all. Commissioner Bronson asked what the reason is for choosing 100 square feet. Mr. Shull replied that staff used the Municipal Research and Services Center of Washington (MRSC) report titled, "Providing for Usable Open Space for Multifamily Developments," that is an exhibit to the staff report. The report compares the open space requirement for various cities in Washington. Staff also researched comparable cities outside of Washington. Some cities used a percentage of gross square foota.ge, but staff felt this would be difficult to implement. Commissioner Bronson expressed his concern that the 100 square feet is not based on objective data, but he recognizes that objective data may not exist. Commissioner Carlson expressed his concern about the aesthetics of the buildings. He suggested that a certain percentage (say 10%) of the open space be required to be on the ground level. Commissioner O'Neil agreed and stated what he is missing is how this proposal fts into the overall vision for the city K:�Planning Commission�2011�feeting Summary 02-22-12.doc Planning Commission Minutes Page 3 July 18, 2012 center. He is concerned that not requiring a percentage of open space on the ground level could result in the city center looking and feeling like a"closed compound." Ms. Shull replied that currently the code does not require that residential open space be provided on the ground level. The proposed amendment is not intended to address the issue of public open space, but rather private, residential open space (some of which can be public open space). Commissioner Bronson expressed concern that the option of a fee-in-lieu will not meet the intent of the proposed code amendment to provide open space for the residents of the building. Other Commissioners agreed with him. Ms. Shull explained that staff wanted to give developers the flexibility of the fee-in-lieu in cases where they are not able to meet the open space requirement on-site. Mr. Conlen commented that it is expected that developers will choose the fee-in-lieu option only as a last resort. Mr. Beckwith commented that state law requires that fee-in-lieu payments provide a direct beneft to those making the payment and that the funds be spent within fve years of receipt. The Commissioners agreed that this is acceptable. � Commissioner Bronson moved (and it was secondea� to recommend approval of the staff's recommendation as stated on page 5 of the staff report. There was no further discussion. The motion carried unanimously. The public hearing was closed. ADDITIONAL BUSINESS The next Planning Commission meeting will be August 15, 2012, or September 5, 2012, at 7:00 p.m. in the Council Chambers. It will be a public hearing regarding parking. ADJOURN The meeting was adjourned at 8:15 p.m. K:U'lanning Commission�2011�Ivleeting Summary 02-22-12.doc COUNCIL MEETING DATE: , ' �"i ""`''' r _ITEM #: � � _ __. ............ . _... � . .. 1;?� _ 18,1�I2._.._.... _.. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL POLICY QUESTION: Should the City grant Tacoma Department of Public Utilities, Water Division a Franchise ordinance to operate and maintain a water system within the City of Federal Way? COMMITTEE: Finance, Economic Development and Regional Affairs Committee CATEGORY: ❑ Consent ❑ City Council Business � Ordinance ❑ Resolution MEETING DATE: August 28, 2012 ■ ■ Public Hearing Other STAFF REPORT BY: Cary M Roe, P.E., Director of Parks, Public Works and /,�-DEP'r: Public Works Emer ency Management ....................................................................... �---......._ ............._........_........._....................---......................................._....------._._............_...-- ............_� ................................. ... _.................._................................................................................................................................._. Attachments: Memorandum to the Finance, Economic Development and Regional Affairs Committee dated August 28, 2012. Options Considered: 1. Approve the Ordinance and forward to the September 4, 2012 City Council meeting for first reading. 2. Modify the Ordinance and forward to the September 4, 2012 City Council meeting for first reading. 3. Reject the Ordinance and provide direction to staff. _.. .... ................................. .............................................................................................. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the September 4, 2012 Council A�enda for first reading. MAYOR APPROVAL: commi e COMMITTEE RECOMMENDATION: Council Agenda for first reading. DIRECTOR APPROVAL: ommittee Council recommends forwarding Option 1 to the September . 4, 2012 � ��_ � �-�� __.r�� `y � _i :.� , - ��- PROPOSED COUNCIL MOTION: 1ST READING OF ORDINANCE (09/04/2012): "I move to forward the ordinance to a second readingfor enactment on the September 18, 2012 Council agenda. " 2ND READING OF ORDINANCE (09/18/2012): "I move approval of the Tacoma Department of Public Utildties, Water Division Franchise ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFlCE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading '� � ❑ TABLED/DEFERRED/NO ACTION � Enactment reading � � ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REV ISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August 28, 2012 TO: Finance, Economic Development and Regional Affairs Committee VIA: Skip Priest, Mayor FROM• Cary M. Roe, P.E., Director of Parks, Public Works an Emergency Management ' Marwan Salloum, P. E. Deputy Public Works Director SUBJECT: City of Tacoma Department of Public UtiliNes, Water Division - Franchise Ordinance BACKGROUND: The City of Tacoma Department of Public Utility, Water Division (Tacoma Water) had an e�sting non- exclusive franchise (Ordinance # 99-34) for the purpose of installation, operation and repair of water systems located within their water service area in the City of Federal Way through June 24, 2009. In 2009 the City approved an amendment to the existing Franchise (Ordinance 09-165) extending the term to June 24, 2010. In 2010 the City Of Federal Way and Tacoma Water approved an amendment to the existing Franchise (Ordinance 10-657), extending the term to remain in effect until six (6) month after the resolution of the matter pending in the King County Superior Court Cause No. 09-2-45435-3. The court rendered a decision eaxlier this year which required a new franchise to be negotiated and presented to the City Council for approval. See attached copy of the proposed franchise ordinance. The term of this Franchise is for a period of ten (10) years commencing on the effective date of this Franchise consistent with franchises the City has granted to other utility provider. The proposed Franchise ordinance also addresses the fire hydrant cost issue. Tacoma Water will bear full responsibility for Public Fire Protection and any associated costs and will not assess those costs against the City. In exchange, the City will forego the imposition of a franchise fee or utility tax on Tacoma Water in addition to the other benefits derived from this franchise. Additional issues that were added and /or further clarified in this franchise Ordinance are: • System abandonment • System General Maintenance • Franchisee duty for relocation of its facilities • Termination of Easements in the existing and/or future right of way Tacoma Water agrees to pay a fee or a charge in the amount of $3,400 to recover the actual reasonable administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. cc: Project File Day File K:\FEDRAC�2012\08-28- l2 Tacoma Franchise Ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING CITY OF TACOMA DEPARTMENT OF PUBLIC UTILITIES, WATER DIVISION, A MUNICIPAL CORPORATION AND PUBLIC UTILITY SELLING AND DISTRIBUTING WATER WITHIN KING COUNTY, A NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF- WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, THROUGH THE FRANCHISE AREA FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, REPAIRING, RENEWING AND OPERATING A WATER DISTRIBUTION AND TRANSMISSION SYSTEM AND ACCESSORIES WITHIN AND THROUGH THE CITY OF FEDERAL WAY AND ADDRESSING HYDRANT COSTS WITHIN CITY BOUNDARIES. WHEREAS, the City Council of Federal Way finds that it is in the public interest to specify the rights and duties of the water utility through a franchise; and WHEREAS, in exercising said authority pursuant to RCW 35A.47.040 relating to franchises and permits, the City of Federal Way reserves such other powers and authorities held by Washington code cities; now therefore, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions 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 Washington, and its respective successors and assigns. 1.2 "Council" means the City of Federal Way Council acting in its official capacity. 1.3 "Director" means the Public Works Director, or designee, of the City of Federal Ordinance No. Page 1 of 24 �v sit2 Way Public Works Department. 1.4 "Facilities" means water pipes, mains, appurtenances and accessories necessary for the transmission and distribution of water within the Franchise Area. 1.5 "FWRC" means the Federal Way Revised Code. 1.6. "Franchise Area" means City owned or maintained rights-of-way and the BPA corridor as set forth in Exhibit A. Exhibit A may be updated by the City upon the City's acquisition or vacation of right-of-way. l. 7 "Franchisee" means City of Tacoma, dba Tacoma Public Utilities, a municipal corporation, and public utility, and its respective successors and assigns. 1.8 "Public Fire Protection" means fire hydrants, the water distribution system to make the hydrants operational, the necessary hydrant water supply, and related system and administrative activities. Section 2. Crrant/Acceptance 2.1 Grant of Franchise. The City does hereby grant to Franchisee, subject to the terms of this Franchise, the right, privilege, authority and franchise to: (a) Lay, construct, extend, repair, renew, and replace Facilities in the Franchise Area; and (b) To charge and collect toIls, rates and compensation for such water service and such uses. 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 Ordinance No. Page 2 of 24 �v snz shaIl, 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. Conditions of Use. 3.1 Non-Franchise Area City Propertv. The Franchisee shall place Facilities in the Franchise Area, but not on any other public property owned, in whole or in part, leased, or otherwise occupied by the City unless an easement is granted. 3.2 Termination of Easements. Easements held by Franchisee over property locat� in the existing and/or future Franchise Area shall terminate if the easement area becomes right-of-way. In the event the area becomes City owned right-of-way and upon the City's request, Franchisee shall sign a release terminating such easements. 3.3 Operation costs. Franchisee shall be solely responsible for the operation, maintenance repair and construction of its Facilities. 3.4 Abandonment. When section 6.3 applies or for new Franchisee projects, Franchisee will notify the City when a Facility has been deemed obsolete and its use discontinued. The Facility shall be removed by Franchisee, at its expense, within one hundred (180) days of the date the Facility's use is discontinued or in conjunction with the City's approved project. The City may deem a Franchisee's Facility obsolete and require that it be removed if the Facility has been replaced with a new Facility and the old Facility ceases to be operational for more than ninety (90) days. If Franchisee fails to remove the Facility, the City or its agent may cause the Facility to be removed pursuant to Section 14 of the Franchise. However, with the express written consent of the City, Franchisee may leave such Facility in place. The City's consent shall not relieve Franchisee of the Ordinance No. Page 3 of 24 �v sit2 obligation and/or costs to subsequently remove or relocate such Facility at the City's request, in which case Franchisee shall perform such work at no cost to the City in accordance with Section 15. The provisions of this Section shall survive the expiration, revocation or termination of this Franchise. Section 4. Term. Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise, unless terminated earlier pursuant �to the terms of this Franchise or other applicable law. This Franchise may be renewed for one additional ten (10) year period upon written request of Franchisee and acceptance by the City not more than two (2) years or less that one hundred eighty (180) days prior to the expiration of the initial term. Section 5. Public Fire Protection Franchise Fee and Utilit�Tax. Franchisee shall bear full responsibility for Public Fire Protection and any associated costs and shall not assess those costs against the City. In exchange, the City shall forego the imposition of a Franchise fee or utility tax on Franchisee in addition to the other benefits derived from this Franchise. The parties agree that the terms of this section are consistent with the Supreme Court's rulings in Lane v. City of Seattle, 164 Wn.2d 875 (2008) and City of Tacoma v. Citv of Bonnev Lake,173 Wn.2d 584 (2012) and all claims arising out of or associated with Citv of Tacoma v. Citv of BonneYLake, King County Superior Court Cause No. 09-2-45435-3 are hereby resolved. Section 6. Location of Facilities 6.1 Location. The location of existing water pipes, laterals, and appurtenances, their Ordinance No. Page 4 of 24 REV 5/12 depths below surface of ground or grade of a right-of-way (if available), shall be submitted to the City in the form of a map(s) showing the approximate location of Franchisee's existing water system within the Franchise Area. Upon written request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any such map (or update thereo� so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. 6.2 GIS Data. The Franchisee shall provide, at such time as Franchisee develops and employs, Geographic Information System ("GIS") technology for its water utility maps and records throughout its service area and has such information available in digital GIS format for its Facilities within the Franchise Area. 6.3 Design Markings. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall at the City's reasonable request, provide the location of Franchisee's underground Facilities, and use due diligence to locate and mark its abandoned Facilities, within the Franchise Area by either field markings or by locating the Facilities on the City's design drawings, and sha11 provide all other reasonable cooperation and assistance to the,City. 6.5 No Warranty 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, Ordinance No. Page 5 of 24 [�v sn2 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 Section 6.2 of this Franchise. Section 7. Noninterference of Facilities Franchisee agrees to maintain its Facilities and perform all work within the Franchise Area: (I) so as not to unreasonably interfere with the free passage of traffic, (2) in accordance with the laws of the State of Washington and City ordinances, regulations resolutions and rules, and (3) as required by the Director. Section 8. Requirement to Obtain Permits 8.1 Permits. Franchisee shall, at its expense, obtain 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. Franchisee permit applications shall show the position and location of the mains, laterals, and extensions 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. The level of detail for water services and hydrant laterals shall be commensurate with the complexity of the work to be performed. The 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. Materials and Ordinance No. Page 6 of 24 �v snz equipment shall be in new or like-new condition for its type and kind. 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 FWRC and be satisfactory to the Director. All traffic control shall be in accordance with the right-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee shall indicate on the right-of-way use 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 right-of-way permit. 8.2 Emergenc� 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 required permit so long as such permit is obtained by Franchisee as soon as practicable thereafter. Franchisee will inform the City of the nature and extent of the emergency and the work to be performed prior to or at the commencement of the work, if reasonably possible, or immediately following cessation of the emergency. 8.3 Notice of Entrv. At least forty-eight (48) hours prior to entering right of way adjacent to or on private property to perform the installation, maintenance, repair, reconstruction, or removal of Facilities, except those emergency activities exempted from permit requirements or non-permit work, a written notice describing the nature and location of the work to be performed shall be communicated to the private property occupant by Franchisee. Examples of acceptable notice include but are not limited to a pre-printed door hanger, mailed letter, and/or sandwich boards. Ordinance No. Page 7 of 24 a�v sitz Section 9. Standard of Performance The Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting to surface grade and permit requirements. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the workday in which they have been opened. Trench areas within the right-of- way, but not 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 within thirty (30) days and shall be equal to or better than the �surface condition prior to permit issuance. Any asphalt overlay in the Franchise area within five (5) years of the date of a permit application, shall not be open cut by the Franchisee unless in an emergency. Streets that are open cut will require asphalt overlay for approximately one (1) blocks in length or as determined by the Director. Franchisee shall, in carrying out any authorized activities within the Franchise Area, comply with all applicable laws, ordinances, codes and standards, as now existing or hereafter adopted or amended, and shall comply with the terms of this Franchise, whether or not the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Upon completion of any water main installation of Franchisee's Facilities within the Franchise Area, the "as-built" location of the Facilities shall be within two (2) feet of the location of the Facilities shown in the plans submitted by Franchisee to the City's Public Works Department or closer if required by State law. Nothing herein is intended to relieve the parties of their respective obligations arising under applicable law with respect to determining the Ordinance No. Page 8 of 24 ttEV sii2 location of utility facilities. Section 10. Survey 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 such lost, destroyed or disturbed monuments or markers. Section 1 l. Surface Markin�s/Stakes Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall reference all monuments and markers relating to subdivisions, plats, highway, and other surveys. The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this franchise. The method referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, shall be borne solely by the Franchisee. A complete set of reference notes for monuments and other ties shall be filed with the City. In the event of any conflict or inconsistency between this Section 11 and Chapter 19.122 RCW, as now existing or hereafter amended, Chapter 19.122 RCW will control. Section 12. Notification to fire district If it is necessary to shut down or diminish the water pressure so that fire hydrants may be affected, the Franchisee shall notify the appropriate fire district by telephone followed by faxed transmittal or written notification, that water pressure or fire flow conditions have been affected. Ordinance No. Page 9 of 24 t�v sn2 In case of a planned shutdown or diminished water flow, at least forty-eight (48) hour prior notification to the fire district is required. If more than one fire hydrant is affected, Franchisee must provide a map of the affected area to the appropriate fire district. Section 13. Ri t of City to Undertake Maintenance Work The laying, construction, maintenance, and operation of Franchisee's system of water pipe, laterals and appurtenances 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 lines or pipe or property. Section 14. Ri t of Citv to Complete Work In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of fourteen (14) calendar days after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair pursuant to Section 9 herein and Franchisee's obligation to remove Facilities pursuant to Section 15 herein. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, 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 Ciry's reasonable overhead expenses and attorneys fees. However, the City sha11 not have any plumbing work accomplished by any person or entity other than Franchisee. Ordinance No. Page 10 of 24 a�v sit2 Section 15. Notice to Franchisee of Work bv City 15.1 City Reservation of Ri ts. The City reserves the right to use, occupy and enjoy the Franchise Area for any purpose that is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein include, without limitation, the construction of any electrical, water, sewer or storm drainage line, installation of traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects. 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 franchises in, under, over, upon, and along the Franchise Area. 15.2 Citv's Duties. In the event the City undertakes any work, including necessary maintenance within a right-of-way in which Franchisee's Facilities are located, and such work necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City shall: (a) Provide written notice to Franchisee requesting such relocation within a reasonable time prior to the commencement of such City work; and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications for such City work so that Franchisee may relocate its Facilities to accommodate such City work. 15.3 Franchisee's Duties. After receipt of the City notice requesting the relocation of the Facilities pursuant to Subsection 15.2(a) and receipt of the plans and specifications pursuant to Subsection 15.2(b), Franchisee shall, within thirty (30) days of notification, or such time as Ordinance No. Page 11 of 24 �v snz approved by the Director, raise, lower, or move such Facilities within the Franchise Area at its sole cost and expense so as to conform to such new grades as may be established, and place the pipe in a location or position causing the least interference with the improvement, repair, or alteration contemplated by the City. If the City improves the Franchise Area, Franchisee shall at its sole cost and expense, upon receipt of notice, replace the pipe or pipes located in the improved subgrade of the improvement with pipe or pipes conforming to the specifications for the improvement of the Franchise Area. For all transmission mains, defined as mains exceeding 24 inches in diameter, within the Franchise Area, whether in rights-of-way or easements, the City will attempt to design its projects to minimize the need for relocation. In the event the City's design calls for the relocation of a transmission main, the City and Franchisee will meet to discuss potential redesign solutions. Before moving forward with the development of a redesign, the City will provide Franchisee with an estimate of the costs of the redesign and construction. Any additional redesign or construction costs incurred by the City shall be borne by Franchisee. If a redesign is not reasonably feasible, then Franchisee shall relocate the transmission main at its sole cost. 15.4 Exclusivitv. This Section 15 shall govern all relocations of Franchisee's Facilities required in accordance with this Franchise. Nothing in this Section 15 shall require Franchisee to bear any cost or expense in connection with the location or relocation of any Facilities existing under benefit of easement on property owned by a person or entity other than the City. Section 16. Damage Repair In case of damage by the Franchisee or by the Facilities of the Franchisee to rights-of-way, or to public and private improvements to rights-of-way, the Franchisee agrees to repair the Ordinance No. Page 12 of 24 �v sii2 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 set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights-of-way, or to public and private improvements to rights-of-way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not repair a right-of-way or an improvement to a right-of-way as required in this section, the City may repair the damage pursuant to Section 14 of this Agreement. Section 17. General Maintenance Franchisee will maintain 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 water main replacement or repair activities within the Franchisee Area. If known at the time of the City's request, Franchisee will include other proposed activities that are scheduled to be done in the Franchise Area. Similarly, the City will provide the Franchisee, on an annual basis, its overlay and other upcoming CIP projects. (b) The parties will meet, at least annually upon either party's written request, to discuss concerns regarding the timing, scope, nature or method of such repair or replacement activities and upcoming CIP projects within the Franchisee Area. Section 18. Section 19 Ordinance No. x�v snz Intentionally omitted. Default Page 13 of 24 19.1 Notice of Default. 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. 19.2 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 an immediate forfeiture of this Franchise. Section 20. Limited Ri ts 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 21. 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 Franchisee's Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Franchise Area conferred by this Franchise. Section 22. Vacation If at any time the City, by ordinance, vacates all or any portion of public streets, roads and/or rights-of-way within the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City agrees to exert reasonable good faith efforts to reserve an easement for Franchisee's lines and Facilities when a street, public way, or area is vacated. The City may, after thirty (30) days written notice to Franchisee, terminate this Ordinance No. Page 14 of 24 x�v snz Franchise with respect to any such vacated area. Section 23. Compliance with Laws Franchisee shall comply with all applicable federal, state and City laws, ordinances, resolutions, regulations, standards and procedures, as now existing or hereafter amended or adopted, including without limitation the State Environmental Protection Act, the Federal Occupational Safety and Health Act of 1970 (OSHA), and the Washington Safety .and Health Act of 1973 (WISHA); provided, however, that if any term or condition of this Franchise and any term or condition of any City law, code, ordinance, resolution, regulation, standard, procedure, permit or approval� are in conflict, the term or condition of this Franchise will control. Section 24. Guarantee Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of twenty (20) years against settlement or repair. Section 25. Charge for Administrative Costs Franchisee agrees to pay a fee or charge to recover the actual reasonable administrative expenses incurred by the City in the amount of $3,400.00, which is directly related to preparing and approving this Franchise. Nothing herein shall preclude the City from 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 FWRC. Section 26. Indemnification Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials, Ordinance No. Page 15 of 24 �v snz officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the Franchisee's breach of any provisions of this Franchise; provided, however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or damages arising from the negligence of the City, its agents or employees. In the event any claim, demand, suit or action is commenced against the City which gives rise to Franchisee's obiigation pursuant to this Section 26, the City shall promptly notify Franchisee thereof, and Franchisee shall use attorneys selected by the City. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City, which shall not be unreasonably withheld. The City shall have the right at all times to participate 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 indemnity the City to the M�imum extent permitted thereunder, to the full extent of Franchisee's negligence. Franchisee hereby releases, covenants not to bring suit and agree to indemnify, defend and hold harmless the City from any and all claims arising against the City by virtue of Franchisee's exercise of the rights granted herein. Section 27. Insurance Ordinance No. Page 16 of 24 x�v sii2 27.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following insurance, in such forms and with such carriers as are 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 (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. 27.2 Mandatory Insurance Provisions. The comprehensive 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 with respect 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 Ordinance No. xEV snz (d) Coverage shall be primary as to the City, its officers, officials, employees � Page 17 of 24 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. 27.3 Verification of Covera�e. Franchisee shall furnish the City with certificates of insurance and original endorsements evidencing the coverage 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. At the City's request, Franchisee shall deliver certified copies of all required insurance policies. 27.4 Self-Insurance. In satisfying the insurance requirements set forth in this Section, Franchisee may self-insure against such risks in such amounts as are consistent with good utility practices. Franchisee shall provide the City with sufficient written evidence, upon request, that such insurance (or self-insurance) is being so maintained by Franchisee. Such written evidence shall include, to the extent available from Franchisee's insurance carrier, a written certificate of insurance with respect to any insurance maintained by Franchisee in compliance with this Section. Section 28. General Provisions 28.1 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. 28.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the Parties. 28.3 Assi�nment• 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 Ordinance No. Page 18 of 24 �v sii2 City. 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. 28.4 Attorney Fees. 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 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. 28.5 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. 28.6 Governing Law• This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 28.7 Authoritv. 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. Ordinance No. Page 19 of 24 �v sn2 28.8 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: Tacoma Public Utilities P.O. Box 11007 Tacoma, WA 98411-0007 City: City of Federal Way Attn: City Attorney 33325 8�' Ave South Federal Way, WA 98063 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. 28.9 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. 28.10 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 the City at law, in equity or by statute. Section 29. 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 Ordinance No. Page 20 of 24 REV 5/12 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 30. 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 31. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 32. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2012. ATTEST: CITY OF FEDERAL WAY MAYOR, SKIP PRIEST Ordinance No. Page 21 of 24 xEV snz 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. Page 22 of 24 xEV sn2 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted Franchise 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 , 2012. By: Its: Ordinance No. Page 23 of 24 �v snz City of Tacoma Water Service Area �; po Fede agWay 012 FP_(�P_C'AI W�V & Second Sunnlv Piaeline (P)253- 35-7 00 98003 ` CITY OF This map is intended for use 0 0.5 1 as a graphical representation. � �..,. Federal Way Miles The City of Federal Way makes N no warranty as to its accuracy. R:\erike\PVV�Streets\ProjectsWgreements\TPU\Maps\TPU Water.