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Council PKT 10-15-2013 Regular4% CITY OF Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall October 15, 2013 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Auburn Youth Resources b. Certificate of Achievement: Tara Uson -Fee c. Proclamation: Decatur High School DECA Week ...page 3 d. Certificate of Appointment: Planning Commission e. Arts Alive Juried Arts Exhibition Winners f. Informational Briefing on Status of the Major Comprehensive Plan Update ... page a g. 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 below have been previously reviewed in theirentirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items maybe removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: October 1, 2013 Special and Regular Meetings... page 9 b. 2013 -2015 Dept. of Ecology Capacity Grant Surface Water Project ... page 19 c. 2014 Asphalt Overlay Program Preliminary Project List and Authorization to Bid ... page 23 d. 2013 Asphalt Overlay Project — Final Acceptance... page 33 e. S 320th Street Preservation Project — 85% Design Status Report and Authorization to Bid ... page 35 f. First Amendment to the JGM Technical Services "On Call" Electrical Agreement ...page 37 g. Program Year 2014 CDBG Annual Action Plan ... page 39 The Council may add items and take action on items not listed on the agenda. h. Planning Commission Work Program Amendment - Siting of Group Homes Type III (Registered Sex Offenders) ...page 101 6. PUBLIC HEARINGS a. Group Homes Type III (Registered Sex Offenders) ...page 103 b. 2013 -14 Biennial Budget / Property Tax Rate ... page 108 7. COUNCIL 'BUSINESS a. Resolution: Establishing the Steel Lake Management District Advisory Committee... page 110 b. Consider Amending the 2013 Planning Commission Work Program to Add an Item Related to the Keeping of Miniature Goats ... page 117 c. Letter to WA State Housing Finance Commission... page 126 8. ORDINANCES First Reading a. CB# 631 Amendments to Federal Way Revised Code (FWRC) Chapter 19.115.020, "Community Design Guidelines, Administration" ...page 127 An Ordinance of the City of Federal Way, Washington, relating to an amendment ito the Administration Section FWRC 19.115.020 of the Federal Way Zoning and Development. (Amending Ordinances 09 -604, 07- 554,06 -515, 03 -443, 01 -382, 99- 333, 97 -291 and 96 -271) b. CB# 632 Steel Lake — Lake Management District Time of Payment ... page 145 An Ordinance of the City of Federal Way, Washington, establishing the time of payment, interest, and penalties to be imposed on delinquent Annual Special Assessments for the Lake Management District No. 1 for Steel Lake, and amending Ordinance 13 -744 deleting the automatic inflation increase. Second Reading c. CB# 630 Diversity Commission Residency ...page 151 An Ordinance of the City of Federal Way, Washington, relating to the residency requirement for Diversity Commissioners; amending FWRC 2.65.030. (Amending Ordinance Nos. 92 -141, 93 -203, 96 -283, and 06 -531) 9. COUNCIL REPORTS 10. MAYORS REPORT 11. EXECUTIVE SESSION Collective Bargaining Pursuant to RCW 42.30.140(4)(b) Potential Litigation Pursuant to RCW 42.30.110(1)(i) 12. ADJOURNMENT N The Council may add items and take action on items not listed on the agenda. y•. y \i:'r_ �'•.��..'___�i:iP. .�\,1:''_-'•.�...'___� /i /i •' •` \,,'I_ -_- _ %L• ``,`.rte_ .1'. •"""i , •1� \' ` � /..IIrr r�:. ".` \ \�i \ \11i� �i /ii /Ir,!�.: •�r: \ \�� \ \11ii �i /�i / %r,� •`a: \ \�� \ \11i�ii /Iii / %r,!�.; 1�; \ \i��11i���il�i / %r! /i \ \�1 \�11i�i"1. Moo •.: r:��I,, ,� \ \ \���1,1• •l,I,ito. //i!•1 \ \ \�\��,1• �/,I,II/iI /i• a� \ \ \\���,1• /,11 / / //I,, \ \ \ \1���• /,1I�/ / / /�,, ' \ \ \\� \�,1� �I, 1,11 /�/�i!' V;Z�k Federal Way PROCLAMATION "NATIONAL DECA WEEK" WHEREAS, the Decatur High School DECA chapter will be celebrating "National DECA Week" during the week of October 14th through 18th, 2013; and WHEREAS, DECA is a National Association of Marketing Education students, providing teachers and members with educational and leadership development activities to merge with the education classroom instructional program; and WHEREAS, although DECA consists primarily of students in marketing programs, membership also extends to alumni, to professionals in marketing education, and to marketing teacher education, by working hand -in -hand with the education and business communities; and WHEREAS, DECA's goal is for its student members to develop a "career success kit" to carry into their business and personal lives after graduation, and to accomplish this DECA utilizes on- the -job experience, chapter projects and a program of competency -based competitive events in specific marketing occupational areas; NOW, THEREFORE, we, the undersigned Mayor and Councilmembers of the City of Federal Way, Washington, do hereby proclaim the week of October 14th through 18th as "NATIONAL DECA WEEK" in the City of Federal Way, and do hereby encourage businesses and citizens to encourage the development of student leadership, to promote an appreciation for our free enterprise system, and to develop an awareness for the importance of good citizenship. SIGNED this 15th day of October, 2013. FEDERAL WAYAIAYOR AND CITY COUNCIL Skip PriesA Mayor Jeanne Burbidge, Councilmember Dini Duclos, Councilmember Kelly Maloney, Councilmember Jim Ferrel4 Deputy Mayor Bob Celski, Councilmember Susan Honda, Councilmember Diana Noble - Gulliford, Councilmember SUBJECT: Briefing on the 2015 Major Comprehensive Plan Update POLICY QUESTION: N/A COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: October 7, 2013 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Principal Planner Margaret Clark DEPT: Community & Economic Development ...................... ............ ..................................._._.................................. ............ ............................ ............ _.. ................... ....................................... _.................. ............................ .......... _..............._.. _.. _ ........ .. ............................_...._..__..............._...__....... ................_..._._._.._... Attachment: Exhibit A — Potential Major Comprehensive Plan Update Timeline Background: State law requires the city to complete a major update to our comprehensive plan on or before June 30, 2015, to ensure the plan (and development regulations) complies with the Growth Management Act (GMA). This work will consist of reviewing all 12 chapters of the plan to determine whether revisions should be made and will require many hundreds of hours of staff time. We also need to update our Critical Areas Ordinance, which will be a major undertaking. We will need to work with outside agencies, such as the School District, Fire Department, Lakehaven Utility District, and private utility companies, and have a public participation process, which will consist of public meetings, surveys, and social media. The long range planning staff is comprised of 1.4 FTE's and it is anticipated that the update of the comprehensive plan and development regulations, together with other state - mandated reporting, will consume the majority of their time. Unlike previous years, the current planning staff, who themselves are at capacity, will be unable to assist. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: Committee �I Counci COMMITTEE RECOMMENDATION: N/A Bob Celski, Chair Jeanne DIRECTOR APPROVAL: ,_TNO ll.4 REVISED - 08/12/2010 RESOLUTION # (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # EXHIBIT A The following chapters of the Comprehensive Plan must be reviewed and updated as part of the Major Comprehensive Plan Update which must be completed by June 30, 2015. Chapter One Introduction Chapter Two Land Use Chapter Three Transportation Chapter Four Economic Development Chapter Five Housing Chapter Six Capital Facilities Chapter Seven City Center Chapter Eight Potential Annexation Areas Chapter Nine Natural Environment Chapter Ten Private Utilities Chapter Eleven Shoreline Master Program Chapter Twelve Twin Lakes Commercial District Subarea Plan 1 U �i U •v 0 b y H 0 a� E U 0 b c�e o � c� b a� 0� CA U b N L" C cad .r y ^" bn � O o abi $ y m ff�o w p �b..yN p.Y o o q1,03 U ash o Q o C% 3 4i Li ¢ 49 F a� a� a� ° w -d ° >, ,o a°i y 0 c° 1 o t aVi w° 003 b o •� 2�U c U � to . o •Q" U a O C v, rA o°"asaF"' m to°c ;AO _ °O O +� U 08 O p. N 4 a An.o 0 :. 14 a� '5 U a°ia�i�°'�3a��•° °�' a°'io �UUUU•� a�i o v° v v y P d Q� is W U m U •�� .� c' 0 O 40. ,e N a a" M M � O � s tn tn M 0 COI O O a.c o ..+FA•o a� �� a) � w U ae F .o cri U a -0 3 � y 0 •o �r N "� LUi '� • O m VJ 0 V1 U b ao a a) �. ono 0 xa, a��° as w° a c a•�aU q a 02 04 0 O O O N Q) N N v. N 0 o M 0 U O w �, 0. -d Y V � �� tw Sao oaa,.:�onco o �a� 44 0c °' t-4 Aooy � Q,oan � 101" 0 0 O o d v 4) a�� :� .a °�,�,a, C'n w b b y E Li O N .�. �" Q �y" O 4., O � � � O � .�. y N • O � � A ca U UAA �Waa.•�.� c4 a a3 a�� PAZ a A� � U y � O � w en en M M M M F+ c^ M IT on H s. rA ova E� a .d U ca as as ,a a y a N CD O d a QO u u V •� PC D .4u ^� U ° U s' H o o r 0 .r W U a� Aoo O� a ° }, o bn o o U �U M O M M M M .M�r yj W) w1b WA to F r ° h IT COUNCIL MEETING ........................ DATE: October 15, 2013 ITEM #: ................. ............ ..... ..... ......... ......... . ............. ............ ..... ........ ............. ......... ....... ................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes of the October 1, 2013 Special and Regular City Council Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Carol McNeilly, City Clerk DEPT: Human Resources Attachments: Draft minutes from the October 1, 2013 Special and Regular City Council Meetings. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council Initial COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " BELOW TO BE COMPLETED BY CITY CLERKS OFFICE, COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall October 1, 2013 5:30 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 5:31 p.m. City officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Diana Noble- Gulliford and Councilmember Dini Duclos. Councilmember Kelly Maloney arrived at 5:44 p.m. City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. FINANCIAL IMPACT OF AFFORDABLE CARE ACT Doug Evans, President of R.L. Evans Company was in attendance to present information on the financial impacts to the City of The Affordable Care Act. He provided background information on his firm and listed the 18 municipal agencies they currently work with. Beginning January 1, 2014 The Affordable Care Act or ACA aims to expand health coverage which may have impacts to the City. Mr. Evans provided information on Insurance Exchanges, which launched today for people to register for coverage effective January 1, 2014. Exchanges provide subsidies for those with income between 138% - 300% of Federal poverty level. The Employer Mandate requires employers who have more than 50 employees who work 30 hours per week to offer insurance to those individuals and their dependents, or pay taxes if an employee obtains Exchange coverage and a premium tax credit. If the employer does not offer minimum essential coverage to its full time employees (FTE) and their dependents and one FTE receives a tax credit through an Exchange, the City's penalty is $2,000 times the total number of FTEs (minus the first 30). Mr. Evans noted the City currently offers minimum essential coverage. If an employer does offer coverage but it is not affordable (the cost for self -only coverage exceeds 9.5% of the employees income), or does not provide minimum value (60% actuarial test), and a FTE receives a tax credit through the Exchange, the penalty is $3,000 time the number of FTEs receiving the tax credit. The City's current premium sharing meets the affordability test and coverage meets Minimum Value test. The implementation date of the Mandate is January 1, 2015. Some of the changes under the ACA which are effective 2014 that may impact the City are health plans do not have pre- existing condition exclusions; added coverage for miscellaneous City Council Minutes — October 1, 2013 Special Meeting Page I of 2 preventive services; prescription co -pays will need to be tracked along with other out -of- pocket medical expenses to ensure that the ACA limit is not exceeded (the limits are $6,350 for individuals and $12,700 for families). Mr. Evans reviewed the details of the following ACA taxes and fees; Patient- Centered Outcome Research Institute (PCORI); Transitional Reinsurance Tax - a per capita fee that supports a transitional reinsurance fund for insurers offering individual insurance through Exchanges; Carrier Fee (this only pertains to insurance companies); and other fees that will support Exchanges. The Cadillac Tax, which is effective in 2018, imposes 40% excise tax on the value of coverage exceeding $10,200 for individuals and $27,500 for families; $11,800 and $30,950 for retirees and employees in high -risk jobs. It does not include the cost of "standalone" dental /vision plans. There is a general concern regarding the trend of premium increases that could cause the City to bump up against limits in 2018. 3. EXECUTIVE SESSION The Mayor, Council and City Attorney adjourned to Executive Session at 5:51 p.m. to discuss Collective Bargaining Pursuant to RCW 42.30.140(4)(b) for approximately one hour. They adjourned from Executive Session at 6:51 p.m. 4. ADJOURNMENT The meeting was adjourned at 6:51 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — October 1, 2013 Special Meeting Page 2 of 2 CITY OF . Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall October 1, 2013 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:02 p.m. City officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Susan Honda, Councilmember Kelly Maloney, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Diana Noble - Gulliford 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. As public facilities cannot be used for campaign purposes, City Attorney Richardson reviewed the guidelines regarding campaigns and ballot propositions as provided by the Public Disclosure Commission. 3. PRESENTATIONS a. Proclamation: Domestic Violence Awareness Month Deputy Mayor Ferrell reported the City has been a leader in legislation involving domestic violence and is committed to protecting all our citizens. Domestic Violence transcends all walks of life, adversely affects adult and children residents, entire families, businesses and other organizations. Statistics show that one in four women and one in thirteen men will experience domestic violence in their lifetime. Deputy Mayor Ferrell read the Proclamation into the record and presented it to Valley Cities representative Theron Morgan, Janet Chase, from the Domestic Violence Impact Panel, Police Chief Brian Wilson and the City's Domestic Violence Prosecutor Pauline Freund. The representatives spoke to the importance of bringing this issue to light and thanked the Council for the Proclamation. b. Mayor's Emerging Issues Devco Proposed Development at 320th: Mayor Priest reported Devco has submitted a land use application for the mixed use development called "High Point: at the former Bus Barn property. The project will include 18,840 commercial square footage and 308 multifamily housing units. The developer is vested to the regulations in effect today. The City cannot stop the proposed development by retroactively changing the zoning regulations. The City did not Council Minutes — October 1, 2013 Regular Meeting Page 1 of 7 learn of the developer's intent to construct "low to moderate income" apartments until after submitting a complete land use application. The Mayor, along with Community and Economic Development Director Patrick Doherty met with Devco and shared the City's disappointment that the housing would be all low /moderate income and not mixed income levels and that they informed the City so late in the process. We learned that most developers do not usually meet with the jurisdiction and tell of the intent to apply to the Housing Finance Commission. Devco indicated their application is targeted at sixty percent of the average median income for King County. Devco has requested a letter from the City indicating that the project is consistent with the City's CDBG Consolidated Plan, a requirement for financing. The City has no legal obligation to provide the letter. In addition to the High Point project, Devco has been approved to develop the former S.T. site south of S. 356th Street and west of 16th Ave S. This project is called "Park 16" and proposes 293 low income apartments at an estimated valuation of $42,523,307. Devco has indicated their intent to seek financing via the Housing Finance Commission for this project as well. Staff contacted the Housing Finance Commission to discuss the impact of Devco's projects to the City and the efforts to redevelop the downtown. We learned that the Housing Finance Commission's process for funding is competitive and that it holds a separate Public Hearing for each project seeking funding. The City will receive notice of the Public Hearings for projects within the City that are being considered. Participation in the hearing can be via testimony as well as written comments. The City intends to submit a letter to the Housing Finance Commission describing in more detail the City's Comprehensive Plan policies, the City's efforts for redevelopment of the downtown, and the cumulative effect of the recent proposals. Citizens as well as the City can participate in the Public Hearing either by testifying or by submitting written comments. When the City receives notice of the Public Hearing, staff will issue a press release for the newspaper, post it on the City's web site, and send notice to our e- subscribers of the date, time and location of the hearing. Holiday Tree Lighting Ceremony: At their September 17, 2013 meeting the Council discussed possible locations for the Holiday Tree Lighting Ceremony and directed staff to contact the Commons Mall to discuss the option of holding the event there. Parks and Public Works Director Cary Roe recapped the discussions that occurred at a meeting with representatives from the Commons Mall. They are open to conducting the event at the Mall. The tree lighting will occur outside of the Mall and they may coordinate the tree lighting with some of the Mall's holiday events. The preliminary date for the event is December 7, 2013. Staff has scheduled a planning and logistics meeting for October 7, 2013 and will provide more details as they are finalized. Annual Chili Cook -Off: Last Saturday the Annual Chili -Cook off between the Police Department and the South King Fire District occurred at the Federal Way Farmers Market. This year the Police defeated the Fire District. Police Chief Wilson stated this year's event benefited Communities in Schools. There was a great turnout at the event, and people were in great spirits despite the rainy weather. Councilmember Honda expressed her thanks to the Farmers Market Board for their assistance in making this event happen. Mayor's Day of Concern for the Hungry: Occurred September 28, 2013 and had over 30 volunteers collecting food for the homeless at five grocery stores within the City. Over 2,500 pounds of food was collected, these items go directly to the local food bank. Mayor Priest thanked staff for their efforts organizing this event as well as the volunteers who participated. Council Minutes — October 1, 2013 Regular Meeting Page 2 of 7 Investigation by State Patrol: Mayor Priest commented on an event that has been in today's media. He reported Police Chief Wilson has requested the WA State Patrol to conduct an investigation on the Mayor's actions of removing some of his campaign signs for the City's "Sign Jail ". The Mayor will be working with the State Patrol during this investigation. Finance Director Tho Kraus: Mayor Priest announced Finance Director Tho Kraus will be leaving the City to take a position as the Assistant City Manager with the City of Lakewood. There will be a thank you event for Ms. Kraus on October 4, 2013 4. CITIZEN COMMENT Lonnie Wall, a Charwood Mobile Home Park resident, spoke regarding the sense of community experienced in his and other Mobile Home Parks. He urged the Council to pursue a zoning change to protect the number of mobile homes and their occupants within the City. Ishbel Dickens Executive Director of the National Manufactured Home Association, asked the Council to preserve the 800 affordable mobile /manufactured homes within the City by adopting Mobile Home Park zoning regulations. She shared an AARP report that supports manufactured home zoning as well as research by a doctor at Oregon State University on Relocation Stress Syndrome and how it affect older adults who have to relocate their homes. Iris Stripling spoke on behalf of Parkwood Lane Manufactured Home Park residents. She invited Council to visit their community and asked them to support zoning for Mobile Home Parks. Norma Blanchard asked why a point -of -order was not issued on Mayor Priest's comments regarding the WA State Patrol investigation. She commented on a September 27th article in the Federal Way Mirror on the City's Rebranding Initiative which sates the City will be working with the community via focus groups, surveys and more. She would much rather see the community have a chance to vote on whether or not to develop a PACC. Betty Taylor believes citizens should be able to speak whatever is on their minds during the public comment. She read about the recent WA State Patrol investigation and she returned the Office Depot .gift card that was presented to her by the Mayor. Joann Piguette, with the Federal Way Coalition of the Performing Arts provided a reported on the Coalition's activities relating to the proposed PACC. The grant writing committee hosted an informational event for the business community on September 19th where Community and Economic Development Director Patrick Doherty gave a presentation on the project. Several individuals signed up for the fundraising campaign. A similar presentation was provided to the Rotary Club and there is an upcoming presentation at the Noon Kiwanis meeting. The Coalition is planning a concert/fundraising event to be held on November 23, 2013 at Saghalie Middle School 5. CONSENT AGENDA Items listed below have been previously reviewed in theirentirety 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 17, 2013 Special and Regular Meetings b. Vouchers c. Monthly Financial Report Council Minutes — October 1, 2013 Regular Meeting Page 3 of 7 6. d. Resolution: Adopting Interlocal Agreement with AWC Creating a Self- Funded Health Care Program and Acknowledge Premiums that May be Required. Resolution 13 -647 e. 2014 CDBG Community Economic Revitalization Funding Awards f. WA State Department of Enterprise Services Master Contract Usage Agreement Motion: Deputy Mayor Ferrell moved approval of Consent Agenda items 5.a. through 51 Councilmember Duclos second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble- Gulliford Yes Councilmember Duclos Yes Motion carried 7 -0. Yes COUNCIL BUSINESS a. Planninq Commission Appointment Motion: Councilmember Celski moved to re- appoint Lawson Bronson to the Planning Commission with a term expiring September 30, 2017. Councilmember Duclos second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble- Gulliford Yes Councilmember Duclos Yes Motion carried 7 -0. b. Resolution: Amendina Section 7.2 of the Code of Ethics to Establish Qualifications and Provide for Removal At their September 17, 2013 meeting, Council directed staff to modify the membership requirements and establish a removal process for the Ethics Board. City Attorney Pat Richardson reviewed the proposed Resolution which will amend the membership requirements stating Board members shall reside in the City, and to the extent possible have experiences or a background in ethics. The Resolution also establishes a process for removal of Board members, similar to the process outlined for other volunteer Boards /Commissions. Motion: Councilmember Honda moved approval of the Resolution amending section 7.2 of the Code of Ethics establishing qualifications for Ethics Board members and providing for removal. Councilmember Maloney second. Vote: Deputy Mayor Ferrell Yes , Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Council Minutes — October 1, 2013 Regular Meeting Page 4 of 7 Councilmember Noble - Gulliford Yes Councilmember Duclos Yes Motion carried 7 -0. Resolution 13 -648 c. Review of Solid Waste Transfer Station Plan and City Input Mayor Priest noted this item was discussed at the September 24, 2013 Finance, Economic Development and Regional Affairs Council Committee Meeting. The Committee forwarded this item to Council Business as additional information relating to this item became available after a meeting with King County on September 27, 2013. Deputy Public Works Director Ken Miller stated the City has prepared a draft letterto King County expressing concerns about potential changes to the Transfer System Plan, specifically the elimination of a South County Transfer Station. The letter supports construction of a new solid waste transfer station to service South King County, consistent with the "Base" or current Plan; reminds the County that regional service equity must be built into implementation of the Plan and underscores the City's position by stating our willingness to consider rescinding the Amended and Restated Solid Waste Interlocal Agreement. Mr. Miller reviewed some of the impacts of not having a Transfer Station located in South King County. Impacts include increased service costs for our ratepayers, a lack of recycling services for non - curbside items, and a possible increase in illegal dumping. The King County Council received a staff briefing where key issues associated with the new Solid Waste Interlocal Agreement were discussed. It is unlikely the Interlocal signed by the City will be executed this year by King County; most likely there will be an amendment to the current Agreement. Mr. Miller reviewed the timeline and next steps associated with the Solid Waste Interlocal Agreement. Motion: Councilmember Duclos moved approval of providing input on the Regional Solid Waste Transfer Station Plan. Councilmember Celski second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble- Gulliford Yes Councilmember Duclos Yes Motion carried 7 -0. 7. ORDINANCES First Reading: a. CB# 630 Diversity Commission Residency An Ordinance of the City of Federal Way, Washington, relating to the residency requirement for Diversity Commissioners, amending FWRC 2.65.030. (Amending Ordinance Nos. 92 -141, 93 -203, 96 -283, and 06 -531) At their September 17, 2013 meeting, Council directed staff to modify the residency requirement for the Diversity Commission. City Attorney Pat Richardson reviewed he proposed ordinance, which would be effective Nov. 1, 2013; and amends the membership requirements to require all Commissioners to reside within the City— the ordinance would grandfather in two current members who reside outside the City; and Council Minutes — October 1, 2013 Regular Meeting Page 5 of 7 8. allow them to fulfill their current term. City Clerk McNeilly read the ordinance title into the record. Motion: Councilmember Honda moved to approve the ordinance and forward the item to the October 15, 2013 City Council Meeting for second reading and enactment. Councilmember Burbidge second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble - Gulliford Yes Councilmember Duclos Yes Motion carried 7 -0. COUNCIL REPORTS Councilmember Duclos reported as part of the Mayor's Day of Concern she collected donations at Safeway on Saturday, she then attended the Chili Cook -Off at the Federal Way Farmers Market. Councilmember Noble - Gulliford stated she attended both the Chili Cook -Off as well as the Mayor's Day of Concern event. She was pleased to see the generosity of individuals who provided donations to those less fortunate. Councilmember Celski noted the next Land Use, Transportation Council Committee meeting is October 7, 2013. He attended the ribbon cutting event at the newly remodeled King County Library on 320th last weekend along with approximately 500 other people. Tomorrow there is a Safe Streets event sponsored by Forterra at Olympic View Elementary starting at 6:00 p.m. Councilmember Burbidge announced the next Lodging Tax Advisory Committee meeting is October 16, 2013. The Tourism Enhancement Grant Committee's work will be reviewed at that meeting. She attended the ribbon cutting at the 320th King County Library as well as the Chili Cook -Off. On October 7, 2013 the Federal Way Coalition Against Human Trafficking is hosting an event in Des Moines. She thanked Tho Kraus for her great work with the City and wished her luck in her new job. Deputy Mayor Ferrell reported he attended the King County Library ribbon cutting event as well as the Chili Cook -Off. He thanked staff for their efforts and participation with the Mayor's Day of Concern for the Hungry. He wished Tho Kraus good luck in her new position with the City of Lakewood. Councilmember Honda provided information on the Arts Commission for the Juried Arts Contest, as well as information on an upcoming Domestic Violence impact panel. She thanked all of the emergency responders who were called out due to flooded streets recently. The next Parks, Recreation, Human Services, Public Safety Council Committee is October 8, 2013. Councilmember Maloney reported she was out of town last weekend and unable to attend some of the community events that were occurring, however, she did have an opportunity to view the remodeled King County Library. She responded to Norma Blanchard's public Council Minutes — October 1, 2013 Regular Meeting Page 6 of 7 comments regarding the Rebranding Initiative by stating focus groups are important for public input and part of the process. She will be serving spaghetti at the October 5, 2013 Advancing Leadership Dinner. Last night she attended the Chiefs Call meeting at City Hall. 9. MAYORS REPORT Mayor Priest did not provide a report. 10. EXECUTIVE SESSION The Council did not adjourn to Executive Session. 11. ADJOURNMENT Mayor Priest adjourned the meeting at 8:03 p.m. Attest: Carol McNeilly, CIVIC, City Clerk Approved by Council: Council Minutes — October 1, 2013 Regular Meeting Page 7 of 7 SUBJECT: 2013 -2015 DOE Capacity Grant Project Approval POLICY QUESTION: Should the Council approve the use of DOE capacity grant preconstruction planning and design funding to plan and design the proposed Water Quality Retrofit Project? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 7, 2013 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: : William Appleton, P. E., Surface Water Manager Public Works ...................-........................................._........... ............................... _ ................._....._..._....................._....................._..........._........................._.................__.................... ..............._............... o�.............. ... ..... ..... ... .... ... . ..... ....... - -_ __ ...__._.__._:._. ....... ___ Attachments: Land Use and Transportation Committee Memorandum dated October 7, 2013 Options Considered: 1. Approve the use of DOE capacity grant preconstruction planning and design funding to plan and design the proposed Water Quality Retrofit Project? 2. Do not approve the planning and design of the proposed Water Quality Retrofit Project, and provide staff direction. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the October 15, 2013 City Council Consent Agenda for approval. MAYOR APPROVAL: l. DIRECTOR APPROVAL: Conur a Council Initial COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the October 15, 2013 City Council Consent agenda for approval. Chair Jeanne Burbidge, Meml%f Diana Noble - Gulliford, Member PROPOSED COUNCIL MOTION: "I mo>Vto approve the use of DOE capacity grant preconstruction planning and design funding to plan and design the proposed Water Quality Retrofit Project. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 7, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management William Appleton, P.E., Surface Water Manager IA—"— SUBJECT: 2013-2015 DOE Capacity Grant Project Proposal BACKGROUND: In August of 2013, the Department of Ecology announced the availability of Capacity Grant funding in an amount up to $50,000.00 for each Phase I and II jurisdiction as well as up to $120,000 for planning and design of stormwater flow control and /or treatment facilities. The $50,000 in Capacity Grant funding is to be used to carry out the requirements of the NPDES permit through training, equipment purchases, education and outreach, inspection/monitoring and program development. To receive funds for planning and engineering, jurisdictions must commit to a schedule of deliverables that culminates with the generation of 90% project design plans no later than August 1, 2014. Specifically, recipients of this funding opportunity agree to the following legislative provision conditions: • Pre - construction projects must provide high water quality or ecological benefit and address stormwater pollution from existing development. • The award may be used for planning and design of one or more retrofit projects; at least one project planned with these funds must implement low impact development techniques. Pre - construction activities are intended to prepare the project for application to the competitive stormwater grant program in September 2014. Staff, have submitted the "Grant Acceptance Intent Notice" (GAIN) indicating an intent to accept both the capacity funding of $50,000 as well as the design funding in an amount up to $120,000. There is no match required for these grant funds. SWM is proposing that the project described below be approved for planning and design and that Capacity Grant funding in an amount of up to $120,000 be used to facilitate this work. SWM staff will be used to perform planning and design work. PROJECT DESCRIPTION: Watersheds within the City support significant salmon runs in addition to sea run Cutthroat Trout; however, non -point source pollution and detrimental stream flows brought about from existing development within these watersheds continue to negatively impact the aquatic habitat, as evinced by biotic integrity data being collected. The City believes that salmon recovery is an achievable goal, and that a stormwater retrofits focused on improving water quality within our watersheds is a key step towards achieving this goal. SWM is proposing that 2013 -2015 Capacity Grant Funding to plan, design and construct multiple water quality/ flow control retrofit projects within or adjacent to existing ROW. These projects will treat and or Oct 7, 2013 Land Use and Transportation Committee Page 2 infiltrate surface water runoff from ROW that is generated during the very early stages of rainfall events (First Flush Events). Retrofit approaches that will be evaluated for use within the existing right -of -way (ROW) include: infiltration, filtration, and bioretention. Projects will be designed and constructed in accordance with the latest edition of the King County Surface Water Design Manual as well as the Low Impact Development Technical Guidance Manual for Puget Sound. The project will review the extent of construction opportunities within or in close proximity to the ROW, high use areas, soil types and well head protection zones within our watersheds and generate a list of locations that are suitable for stormwater retrofits; opportunities for demonstration projects and proximity to fish bearing waters will also be considered during this phase. Concurrent with this activity, water quality retrofit approaches /techniques will be evaluated. Retrofit approaches will be paired with the appropriate locations and a project list will be generated, the prioritization of which will lead to the identification of those projects to be pre - designed. It is contemplated that multiple smaller projects may be grouped together as one overall retrofit project package. The flowing factors will be considered during site selection: • High use intersections or roadways • Proximity relative to fish bearing waters • Soil type • Extent of ROW /availability of additional ROW • Demonstration project opportunities The long term goal of this project is to develop and initiate a water quality retrofit program for the entire City. The proposed project(s) will serve as a demonstration/ proof of concept project(s) and would ultimately lead to the establishment of a long term water quality retrofit program within the City that would construct similar projects on an annual or semi - annual basis. Project Tasks Task 1- Project Administration/Management: Period of Performance for Task 1: Sept 2013 — August 2014 Description: SWM will administer and manage the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required deliverables. SWM will ensure this project is completed according to the details of this agreement. Deliverables: • Quarterly progress reports and financial vouchers Task 2- Watershed Assessment: Period of Performance for Task 2: Sept 2013 — Nov 2013 Description: Watershed assessment will include evaluation of the following characteristics: soil types, wellhead protection areas, location of utilities, extent of right of way /City property, high use /high risk areas with respect to water quality, and the location of stormwater outfalls. This assessment will focus on thoroughly reviewing existing data, reports and maps. A GIS map depicting areas within the City where water quality /flow control retrofits opportunities exist will be generated. Deliverables: • GIS based map of suitable retrofit areas within the Hylebos basin. Task 3- Evaluation and Selection of Retrofit Techniques: Period of Performance for Task 3: Sept 2013- Dec 2013 Oct 7, 2013 Land Use and Transportation Committee Page 3 Description: This task will involve the review of existing retrofit techniques that employ infiltration, filtration, bioretention or any combination of the three. Approaches and technologies will be reviewed for fit with respect to the City's current right -of -way standards as well as integration into new development standards. Literature /manuals on Low Impact Development (LID) will be reviewed and stormwater retrofit projects in the Seattle and Portland areas will be investigated. The emphasis of this task will be to use existing techniques, concepts and approaches and to modify them appropriately to integrate into Federal Way Street infrastructure. The development of retrofit techniques/approaches that can be installed by City maintenance crews is also an important element of this task as it will expand the City's ability to install these projects. Deliverables: • Menu of viable water quality/ flow control retrofit techniques. • Standard drawings and associated details. Task 4- Identification of Retrofit Projects: Period of Performance for Task 4: Dec 2013 — Jan 2014 Description: Determine which retrofit techniques /approaches can be applied within areas that have been identified as being able to accommodate retrofit opportunities. Generate a project list. A prioritization matrix will be developed and the project list prioritized. Retrofit projects will be scoped such that individual projects can be completed by city crews and multiple projects can be packaged together for putting out to bid. Deliverables: • 30% Design Plans Task 5- Retrofit Pre- design: Period of Performance for Task 5: Dec 2013 — Aug 2014 Description: The three highest priority retrofit projects will be selected for pre - design. The pre - design report will include the following: 1) Project Summary describing the problem and how the project will address it; 2) Site assessment including topographic mapping of the project area, geotechnical site investigation, and a detailed investigation and mapping of utilities; 3) Engineering design including flow modeling for project sizing, verification of retrofit technique and plan and profile drawings in AutoCAD; 4) Environmental review to identify permits /processes that need to be obtained or completed; 5) Cost estimate including all costs from design thru construction; and 6) Assessment of maintenance and operation requirements for the future facility. Deliverables • 90% Design Plans. COUNCIL MEETING DATE: October 15, 2013 ITEM #:�G CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2014 Asphalt Overlay Program Preliminary Project List and Authorization to Bid POLICY QUESTION: Should the Council approve the 2014 Asphalt Overlay Program Preliminary Project List, and authorize staff to proceed with the design and bid of the proposed 2014 Asphalt Overlay Program? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 7, 2013 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Street Systems En ineer DEPT: Public Works ............................ ............................... .._.............. Attachments: Land Use and Transportation Committee memorandum dated October 7, 2013. Options Considered: 1. Approve the list of streets for the 2014 Asphalt Overlay Project as presented. Furthermore, authorize staff to bid all or part of the 2014 Asphalt Overlay Project, returning with a request for permission to award the project within the available 2014 Asphalt Overlay Budget to the lowest responsive, responsible bidder. 2. Direct staff to modify the preliminary list and return to Committee for further action. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the October 15, 2013 City Council Consent Agenda for approval. MAYOR APPROVAL: 7" DIRECTOR APPROVAL: Co ttee Council Committee COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the October 15, 2013 Council Consent Agenda for approval. PROPOSED COUNCIL MOTION: "I move to approve the list of streets for the LU[4 Aspna[t uvertay I'roject as presented. Furthermore, authorize staff to bid all or part of the 2014 Asphalt Overlay Project, returning with a request for permission to award the project within the available 2014 Asphalt Overlay Budget to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 7, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Jeff Huynh, Street Systems Engineer -6V SUBJECT: 2014 Asphalt Overlay Program Preliminary Project List and Authorization to Bid BACKGROUND: Public Works staff has developed a list of recommended streets for the 2014 Asphalt Overlay Program. The total estimated budget for the program is $1,800,267 and is comprised of the following: • 2014 Proposed Overlay Budget $1,484,000 • 2014 Structures Budget $166,267 • 2013 Carry Forward (estimate) $100,000 • Proposed budget transfer from the Annual Transportation System Safety Improvements $50,000 Fund TOTAL FUNDING AVAILABLE $1,800,267 The transfer of the $166,267 from the structures budget and the proposed transfer of $50,000 from the Annual Transportation System Safety Improvements fund are for the City's annual Sidewalk Maintenance Program, and will cover the costs associated with the replacement of substandard wheelchair ramps, and repairing existing curb, gutter, and sidewalks within the overlay project area. The following is a preliminary list of streets to be included in the 2014 Asphalt Overlay Program. The streets were selected using the City's Pavement Management System and were verified by field reconnaissance. The costs shown are estimated and will be refined as the design of each schedule is completed. A project vicinity map and more detailed area maps are attached for your information. SCHEDULE DESCRIPTION AMOUNT A SW 356' Street — City limit to 15th Ave SW $400,000 B SW 320th Street — 14th Ave SW to 21th Ave SW $215,000 C SW 320th Street — 11th Ave SW to 14th Ave SW $245,000 D 1 Ith Ave SW — SW 320th St to 10th Ave SW $475,000 E Twin Lakes Highlands $526,000 F S352 nd Street — Enchanted PKWY to I -5 $150,000 ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: $2,011,000 5% Construction Contingency $100,550 Pavement Management System $55,000 In -house Design $60,000 Construction Administration $100,000 City's Administrative Fee $66,368 Printing and Advertising $3,500 ESTIMATED TOTAL PROGRAM COST: $2,396,418 October 7, 2013 Land Use and Transportation Committee 2014 Asphalt Overlay Program Page 2 of 2 The estimated cost of $2,396,418 is a preliminary figure used for estimating purposes only and includes construction administration, five percent construction contingency, in -house design and construction management, printing and advertising. The 2014 Asphalt Overlay Project will be awarded within the available overlay program budget. Once Council approves the list of streets for the Overlay Program, staff will begin the final design. The anticipated date for advertising is January 2014, with construction beginning in April 2014. k: \lutc \2013 \10 -07 -13 2014 Asphalt Overlay list.doc 2014 ASPHALT OVERLAY Map tyofFe Federal City of City of Federal Way 33325 811h Ave S Federal Way, Federal Way 0 98003 y PROJECT %2cty ftederatway.com Hent 8 272nd St �Qb � 7 z fl ,, s aesm s� c oi�t Ad f Q S 304th St yt� Q t SW 312th St S 312th St swoabr 0 0 SW 320th St jUjapth St 8 320th St 3 N H CL $ r S 324th St Federal Honh 84*11 0 SW ca °+,04 S 336th St 0.01 to dry > � h in Q d1 al Q % a S 348th St C r { a 10 *.AW.Uth St W Legend Z 2014 Street Overlay °? a Schedule srs.� Mej�ne 1 F A k B C� `Aiifor,, D _dg P'&) . `N E F CITY of This map is intended for use t Federal Way 0 0.5 1 as a graphical representation. Y Federal Way Miles The City of makes no warranty as to its accuracy. L.'! Y i �' Map Date: 9/16113 ty of City of 2014 ASPHALT OVERLAY PROJECT 333258 A eIS ay Federal Way S C H E D U L E A Federal Way, 98003 (P) 253 -835 -7000 000 (W) www.cityoffederalway.com a' 351 ST SW 352 ST G SW 352 SW 353 P L PL t!� �N 354 � 3b4 S S > Q Q M � N SW 355 PL SW 356 ST T S ST NE W 357 SW 357 > > CT Q S Q Q 00 LO C) ST NE c� SW 358 _ ,e4� CT W 0 SW 3 �' SUQ T NE z cn �. 00 U� Legend 25 ST NE A CITY OR This map is intended for use 0 240 480 as a graphical representation. Federal Way Feet The City of Federal Way makes N no warranty as to its accuracy. Map Date: 9/16/13 City of City of 2014 ASPHALT OVERLAY PROJECT 3325 8th A eIS ay Federal Way SCHEDULE B (P;�3- �y;00098003 r co i SW 318 ST 319 PL 12 P r�C Cn 70! 318 PL CT 5W 3 320 PL IE SW 320TH ST co lr�Q SW 320 U-) PL SW 322 Legend �a M U) —a a �� CITY OF This map is intended for use ,,,,11 0 as a graphical representation. Federal Way 0 205 41Feet The City of Federal Way makes N no warranty as to its accuracy. L:\MsApps \DWG\PUBWKS \STREETS \PROJECTS\2014 OVERLAYINO TOUCH ARCMAP \B.mxd Map Date: 9/16!13 City of 2014 ASPHALT OVERLAY PROJECT 333258thAve1S ay Federal Way CHEDULE C Federal 35- 098003 y(W) www,dtyoffederalway.com Von N 317 PL SW 317 PL SW 318 co SW ST � 319 PL 3 SW 318 PL > SW 320 ST 0 N SW 320 PL N SW321Z ;y�� S � 322 ST Z -j Q. C/) a 321 cr) C C/) 322 PL N a. 322 `- ST 5� � SW 323 ST W a 00 >1 (0 Sw 3(p Legend \ a V � e- CITY OF This map is intended for use 0 as a graphical representation. Federal Way 0 280 56Feet The City of Federal Way makes N __ _ no warranty as to its accuracy. Map Date: 9/17/13 City of 2014 ASPHALT OVERLAY PROJECT 3 3258 Federal ay Federal Way Federal 53 way, 000 98003 SCHEDULED (P> 253 - 835 -7000 W ~.eitrofeaeranvay.i SW 320 ST ,<' SW 320 PL Q SW 320 S O ,+r? a,� PL 320 PL Q Q J 32'� J SW Lo cn SIN a ^ 321 SW 322 322 aST a� ST ,,SW 323 ST NLL M U) ST 2 a 2ST f Zt T N a o SW SW 3`1?' (nn Q � 324 ST co SW r � ~ S� 324r C,) Stv PL JN U) co >6 > 27 ST N r U SW 325 A 0 328 ST co Q Q� SW 326 3? 0;111(39 � r` � LO � S S S 321 327 PL Cl-, S 01 g 0, C>`�ev > V. T SW �1� `��' ao to ELF Q 32 cb ti� �' 32 CT Q ST C rb -i c° 04 3: 4 SW 0 SW 329 ST S W 329 CT U) P L a ���SLWA _ a 330 a SW 330 0 331 SW 331 IN PL CT A/ ST ST 331 ST T Q SW 332 CA) U 4 �O co rn 333 CT cCnn c� '� tr S t �'�• F. SW 333 J �533 ST oU CT a In Cl) 2 PL Legend S 330 4 CW 334 Q a D TG � -C) j CITY Of This map is intended for use Federal Way 0 500 1,000 as a graphical representation. Y Feet The City of Federal Way makes N no warranty as to its accuracy. f 2014 ASPHALT OVERLAY PROJECT Mapoate eral13 City01 City 5 Federal Way ` I 33325 8th Ave S Federal Way, We. 98003 CITY OF This map is intended for use Federal Way 0 425 850 as a graphical representation. /� \1 Y Feet The City of Federal Way makes N . _ _ _ _ _ _ _ _ no warranty as to its accuracy. f 2014 ASPHALT OVERLAY PROJECT Map Date City of Ave S 3 City of Federal Way 33325 8th Ave S Federal Way, Wa , FP (lPra1 Wav SCHEDULE F (P ) 253-835-7000 98003 P�- 1-1 SR 18 Y a S347PL S 351 ST W 0 S 352 ST a z v z w S `3S 6S, T co S 356 ST CITY of This map is intended for use Federal Way 0 420 840 as a graphical representation Feet The City of Federal Way makes no warranty as to its accuracy N COUNCIL MEETING DATE: October 15, 2013 ITEM #: 15(� ......... .................. ... ............. .................... ........... _ ......_ _ .. ...... _ ............... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2013 Asphalt Overlay Project — Final Acceptance POLICY QUESTION: Should the Council accept the 2013 Asphalt Overlay Project constructed by Tucci and Sons Inc. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 7, 2013 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Street Systems Engineer / DEPT: Public Works ..................................................................................................................................................................... ............................... .... tiJ J........_................... ................_............_. ............._......... ........ _..... ........ .... . ............ ............. _........... ._.........._.........__....... Attachments: Memorandum to Land Use and Transportation Committee dated October 7, 2013 Options Considered: 1. Authorize final acceptance of the 2013 Asphalt Overlay Project constructed by Tucci and Sons, Inc., in the amount of $1,554,019.46 as complete. 2. Do not authorize final acceptance of the completed 2013 Asphalt Overlay Project constructed by Tucci and Sons, Inc. as complete and provide direction to staff. .................... .._.....__....._.._... ...._:...... _ ........... ... _ .................................... .................. . ........... . ......... ... _ .......... --- ..--- ..._........................__...._.........................._...__.......................... ..........._................... _.__...._..._............. _ ............. ........_..... ._._ ... _ .... _ .......... _.........._........ ..... MAYOR'S RECOMMENDATION: The mayor recommends Option 1 be forwarded to the October 15, 2013 Council Consent Agenda for approval. MAYOR APPROVAL: � DIRECTOR APPROVAL: Com ee Council Committee COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the October 15, 2013 Council Consent Agenda for approval. 46 c ob Celski, Chair J anne Burbidge, Member Diana Noble- Gulliford, embe PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the 2013 Asphalt Overlay Project constructed by Tucci and Sons, Inc., in the amount of $1,554,019.46 as complete. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IIT reading ❑ TABLED/DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances otdv) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 7, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Jeff Huynh, Street Systems Engineer SUBJECT: 2013 Asphalt Overlay Project — Project Acceptance BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The 2013 Asphalt Overlay Project contract with Tucci and Sons, Inc. is complete. The fmal construction contract amount is $1,554,019.46. This is $50,987.63 below the $1,605,007.09 (including contingency and Council approved change order) budget that was approved by the City Council on March 19, 2013 and April 16, 2013. cc: Project File Central File K: \LUTC\2013 \10 -07 -13 2013 Asphalt Overlay project - Project Acceptance.doc COUNCIL MEETING DATE: October 15, 2013 ITEM #:5� ......... ....... ... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 320th Street (1 I h P1 South to I -5 Limited Access) Preservation Project — 85% Design Status Report and Authorization to Bid POLICY QUESTION: Should the City Council authorize staff to bid the S320th Street (I Ith PI South to 1 -5 Limited Access) Preservation Project and return to the LUTC and Council for bid award, further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 7, 2013 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Street Systems Engineer DEPT: Public Works ........................1-1-.................................-........................................ ........._._................... ................................................._............_..............................._......_........._..... _.._......._.....__._._........ - ..._...__........._... .__......__....__._.....__..... - Attachments: Land Use and Transportation Committee memorandum dated October 7, 2013. Options Considered: 1. Authorize staff to bid the S 320th Street (11 "' P1 South to I -5 Limited Access) Preservation Project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder. 2. Do not authorize staff to bid this project and provide direction to staff. .. . .......................... ........................................................................... .... ......................... .............................. _ .......... _ ........ _ .......... ............................ ................ _ .......................... _ ............................................... _ ............. .......... I......................_... I _ ......... --.._. ..... ......... _ ........................ .... _ ........... ._..__ ..... ............. ............ _ ......... -........ MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the October 15, 2013 City Council Consent Agenda for approval. MAYOR APPROVAL: /�� L�v DIRECTOR APPROVAL: Com ittee Coua I Committee COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the October 15, 2013 City Council Consent Agenda for approval. PROPOSED COUNCIL MOTION: "I move to authorize staff to bid the S 320th Street (I1' Pl South to I -5 Limited Access) Preservation Project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED Ist reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 7, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Jeff Huynh, Street Systems Engineer SUBJECT: S 320th Street (1 lth P1 South to I -5 Limited Access) Preservation Project — 85% Design Status Report and Authorization to Bid BACKGROUND: Under the PSRC Countywide Preservation Competition in 2012 the City was awarded Grant funding for the overlay and ADA retrofit of S 320"' Street between 11 s, P1 South and I -5 Limited Access. The following provides a brief synopsis of the progress on the project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • Preliminary Contract Specifications • Project Design to 85% • Environmental Documentation Approval Ongoing Tasks Include: • Contract Specifications • Project Design to 100% PROJECT ESTIMATED EXPENDITURES: Design (In house Design) $133,300 Right -Of -Way Acquisition N/A 2014 Construction Cost Est. $1,300,000 5% Construction Contingency $65,000 Project Management (In house Design) $101,700 TOTAL PROJECT COSTS $1,600,000 PROJECT AVAILABLE FUNDING: PSRC Grant Funding $1,100,000 City Funding $500,000 TOTAL AVAILABLE BUDGET $1,600,000 The project is within available budget and staff anticipates bidding the project in January 2014. Construction is anticipated to commence in April 2014 with an estimated substantial completion date in August 2014. SUBJECT: FIRST AMENDMENT TO THE JGM TECHNICAL SERVICES "ON CALL" ELECTRICAL AGREEMENT POLICY QUESTION: Should the Mayor and Council authorize a first amendment to the JGM Technical Services "On Call" Electrical Agreement? COMMITTEE: PRHSPS MEETING DATE: October 8, 2013 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Ikerd, Parks & Facilities Manager DEPT: PRCS ........................................................... ...................................................................................................................................................................................................................................................................._....._.............................................................................................................................._..._.._..._.__...... ......._................._..__. History: Following a competitive bid process, JGM Technical Services entered into an "On Call" Electrical Agreement, February 2012. This service provides electrical repairs and minor improvements. The Department experienced a high amount of unexpected service calls during the first two years of this agreement; including wire theft, and there is a need to increase the amount of compensation and while in this process extend the term for one more year. By mutual agreement, we seek authorization to extend their term for an additional year through 2015 at the same 2012 rate and increase the compensation by $40,000.00, for a grand total contract value of $100,000.00. Funding for this service is covered through the Facilities and Park Operations accounts. Options Considered: 1. Approve a first amendment to the JGM Technical Services Agreement by extending their term an additional year and increase the compensation by $40,000.00, for a contract total not to exceed $100,000 and authorize the Mayor to execute said amendment to the full Council October 15, 2013 consent agenda for approval. 2. Do not authorize a first amendment and provide direction to staff MAYOR'S RECOMMENDATION: Approve a first amendment to the JGM Technical Services Agreement by extending their term an additional year and increase the compensation by $40,000.00, for a contract total not to exceed $100,000 and authorize the Mayor to execute said amendment to the full Council October 15, 2013 consent agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: LQ Co-n i a Council Inrtia COMMITTEE RECOMMENDATION: I move to forward the approval of a first amendment to the JGM Technical Services Agreement by extending their term an additional year and increase the compensation by $40,000.00, for a contract total not to exceed $100,000 and authorize the Mayor to execute said amendment to the full Council October 15, 2013 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of authorizing a first amendment to the JGM Technical Services Agreement by extending their term an additional year and increase the compensation by $40,000.00 for a contract total not to exceed $100,000 and authorize the Mayor to execute said amendment. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: October 15, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROGRAM YEAR 2014 CDBG ANNUAL ACTION PLAN ITEM #: POLICY QUESTION: Should the City Council approve the Community Development Block Grant Annual Action Plan for Program Year 2014? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: October 8, 2013 CATEGORY: X Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jay Bennett, Community Services Manager DEPT: Community & Economic Development Services Attachments: 2014 Community Development Block Grant Annual Action Plan Background HUD's Community Development Block Grant (CDBG) program reporting format is called the Consolidated Plan. The Consolidated Plan has two components; the five -year Strategic Plan (January 1, 2012 to December 31, 2016) and the Annual Action Plan (AAP). The five -year Strategic Plan is the overall framework of goals for the CDBG program. The Annual Plan outlines specific programs to be implemented that reflect the five -year goals. Each year, the City Council adopts the Annual Action Plan for CDBG funding. The plan needs to be adopted and submitted to HUD on November 15, 2013 in order for the City to qualify for CDBG funding the next year. After proper public notice, the Human Services Commission solicited public comment on community needs and held a public hearing at their meeting on August 20, 2013. Public Notice for comment on the Annual Action Plan was advertised on August 30, 2013. The Human Services Commission reviewed the draft PY 2014 AAP at their regularly scheduled meeting on September 16, 2013 and then held a public hearing on September 3& to take further comment on the activities targeted to address priority needs in the areas of community development, housing and public services, which are integrated into this Action Plan. As of this date, the City has not yet received HUD confirmation of funding levels for the next program year because the federal budget has not yet been approved. The PY 2014 AAP budget assumes CDBG funding at the same equivalent level as PY 2012.The plan complies with the specified format and addresses the HUD required subject matters. The PY 2014 Action Plan budget includes: REVENUES 2014 CDBG Grant $ 576,450 2013 Carry Forward $ 394,383 Program Income $ 3,000 NSP3 $ 100,000 Section 108 Disbursement otential $3,030,000 Total $4,103,833 EXPENDITURES Plannin Admin $ 115,290 Public Services $ 86,465 CERF $ 635,236 Section 108 (potential) $3,035,000 NSP3 $ 100,000 Contingency $ 134,458 Options: 1. Approve the Program Year 2014 CDBG Annual Action Plan. 2. Direct staff to make changes to the 2014 CDBG Annual Action Plan. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: �C5 m1lr0 ' /' d�1 DIRECTOR APPROVAL: m ee Council i Council COMMITTEE RECOMMENDATION: 1 move to forward the Program Year 2014 Community Development Block Grant Annual Action Plan to the October 15, 2013 consent agenda for approval. AUA,7���- Committee Chair PROPOSED COUNCIL MOTION: "I Grant Annual Action Plan. " Committee Member Member of the Program Year 2014 Community Development Block (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # 41k of Federal Way CDBG ANNUAL ACTION PLAN The Annual Action Plan outlines the planned activities and outcomes that will be supported with the City of Federal Way's 2014 CDBG funds Program Year 2014 CDBG PROGRAM ANNUAL ACTION PLAN Susan Honda I City of Federal Way 33325 8th Avenue S Federal Way, Washington 98003 Jeanne Burbidge Bob Celski This Page left Blank �tr1 N rnfi 4 9'� r DEv SF 424 The SF 424 is part of the CPMP Annual Action Plan. SF 424 form fields are included in this document. Complete the fillable fields (blue cells) in the table below. The other items are pre - filled with values from the Grantee Information Worksheet. Date Submitted Applicant Identifier Type of Submission Date Received by state State Identifier Pre-application Date Received by HUD _Application Federal Identifier ❑ Construction ❑ Construction Non Construction ❑ Non Construction Applicant Information Jurisdiction City of Federal Way UOG Code Street Address Line 1 33325 8th Avenue South Organizational DUNS 61- 250 -9901 Street Address Line 2 Organizational Unit City Federal Way Washington Department Community & Economic Development ZIP 98003 Country U.S.A. Division Community Services Employer Identification Number (EIN): County Kin 91- 1462550 Program Year Start Date MM /DD 01/01 Applicant Type: Specify Other Type if necessary: Local Government: C- Municipal S pecify Other Type Program Funding U.S. Department of Housing and Urban Development Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding Community Development Block Grant 14.218 Entitlement Grant CDBG Project Titles Section 108 Loan Guarantee — Loan Fund Description of Areas Affected by CDBG Project(s) City of Federal Way $CDBG Grant Amount $3,030,000 77" onal HUD Grant(s) Leveraged Describe $0 $Additional Federal Funds Leveraged $0 $Additional State Funds Leveraged $0 $Locally Leveraged Funds $Grantee Funds Leveraged N/A $Anticipated Program Income $3,030,000 Other (Describe) Total Funds Leveraged for CDBG -based Project(s) Home Investment Partnerships Program N/A 14.239 HOME HOME Project Titles Description of Areas Affected by HOME Project(s) $HOME Grant Amount $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for HOME -based Project(s) Housing Opportunities for People with AIDS 14.241 HOPWA N/A HOPWA Project Titles Description of Areas Affected by HOPWA Project(s) $ HOPWA Grant Amount $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for HOPWA -based Project(s) Emergency Shelter Grants Program N/A 14.231 ESG ESG Project Titles Description of Areas Affected by ESG Project(s) $ESG Grant Amount $Additional HUD Grant(s) Leveraged Describe Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for ESG -based Project(s) Congressional Districts of: Is application subject to review by state Executive Order 12372 Process? Applicant Districts 9 1 Project Districts 9 Is the applicant delinquent on any federal debt? If "Yes" please include an additional document explaining the situation. ❑ Yes This application was made available to the state EO 12372 process for review on DATE X No Program is not covered by EO 12372 X ❑ Yes ❑ No ❑ N/A Program has not been selected by the state for review Person to be contacted regarding this application First Name Skip Middle Initial Last Name Priest Title Mayor Phone (253) 835 -2401 Fax (253) 835 -2409 emai: skip.priest @cityoffederalway.com Grantee Website Cit offederalwa .corn Other Contact: Patrick Doherty Signature of Authorized Representative Date Signed *� �* City of Federal Way 2014 Acton Plan The CPMP City of Federal Way Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. Narrative Responses Executive Summary 1. The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance. 2014 Action Plan Executive Summary; The City of Federal Way presents this One Year Action Plan for the 2014 Community Development program funds. The City developed these funding decisions based upon Mayoral and City Council priorities, Human Services Commission recommendations, Community Services Division (CSD) staff analysis, public hearing comments, program performance information and consultation with various service agencies, and other stakeholders. The following describes the 2014 Goals and Objectives: Goals: Improve and expand affordable housing options. Objectives: o Owner- occupied housing - improve the quality of existing owner - occupied housing stock to support community and neighborhood stability and neighborhood revitalization efforts (i.e. housing made accessible, brought to code, or made safer). o Rental Housing - expand the number of affordable rental units available to disabled, lower- income individuals in the community (i.e. made accessible and affordable). • Expand businesses to create jobs and assist with the development of microenterprises. Objectives: o Business Development and Job Creation - assist businesses to create new employment opportunities for low- to moderate - income individuals or create training or advancement opportunities, with 51% being low to moderate income. Development of Small Businesses - Assist micro - enterprises and small businesses in Federal Way which are the principal occupations of their owners, or which create new job opportunities for low- or moderate - income persons through technical and /or financial assistance. o Promote Economic Development Investment - Assist small businesses and encourage spot blight remediation through the improvement to commercial exterior facades. • Strengthen neighborhoods through the planning of strategic neighborhood revitalization efforts. Revitalization of strategic areas - through the neighborhood planning process, assist residents in targeted neighborhoods in identifying obstacles and opportunities that promote sustainable neighborhood revitalization. • Increase the access of low- and moderate - income households to resources through the provision of services, education and employment training opportunities. Objectives: • Provide funding to agencies to support love -and- moderate income residents in need - stabilize or improve situation of Federal Way residents in need of supportive activities. • Expansion of access to employment and !training opportunities - increase access to information and other non - monetary resources and support for employment and training opportunities. • Administer the Community Development Block Grant program to meet the community needs and HUD requirements. Objectives: o Overall program administration - develop, guide and manage activities which generate long -term impacts. This Action Plan allocates a total of app Development Block Grant Entitlement Community Development Block Grant pr mately $3.967 million dollars in anticipated 2014 Community Is, CDBG program income and other funds to support the gym. 2014 Goals, Objectives & Outcomes Objectives Outcomes Estimated Funding Source and Amount Goal: Improve and expand affordable housing options (A) Owner- occupied housing 45 total repairs /rehabs CDBG = $250,000 (B) Rental Housing 1 rental unit created CDBG = $30,000 (C) Fair Housing - Education Provide fair housing education for apt. owners and residents CDBG = $2,500 Goal: Expand businesses to create jobs and assist with the development of microenterprises (C) Business Development and job creation through 60 residents CDBG = $50,000 technical assistance to microenterprise startups moderate - income Federal Way residents and (D) Federal Way small business technical assistance 34 small businesses CDBG = $52,620 assisted 85 residents (E) Promote economic development investment 3 commercial buildings CDBG = $105,000 through the improvement of commercial exterior improved 18 residents facades employment and training opportunities for (F) Provide capital for small businesses through 3 microenterprises CDBG = $145,000 startup and /or business expansion loans and 1 small businesses assisted 27 people (G) Provide loan capital in redevelopment areas of 1 project assisted CDBG = $3,030,000 the City that spur economic development and job (M) provide in -home counseling, skill building, 21 people creation and support services to high -risk children and Goal: Strengthen neighborhoods through the development of a strategic neighborhood revitalization plan (H) Engage residents and community partners in Planning /NRSA application CDBG = $ 7,500 NRSA planning effort Goal: Increase the access of low- and moderate - income households to resources through the provision of services and employment and training opportunities (I) Provide emergency services to low- and 44 households CDBG = $22,000 moderate - income Federal Way residents and special populations (J) Provide inclusionary and independent life 85 residents CDBG = $24,465 skills to special needs residents (K) Provide assessment coupled with 18 residents CDBG = $10,000 employment and training opportunities for younger Federal Way residents who have previously dropped out of school. (L) Provide reduced -cost access to dental care 27 people CDBG = $15,000 for low- to moderate - income Federal Way (M) provide in -home counseling, skill building, 21 people CDBG = $15,000 and support services to high -risk children and their families in the City of Federal Way Goal: Administer the CDBG program to meet the community needs and HUD requirements (N) Overall program administration Contracts /ER /PH /Reports CDBG = $ 107,790 Past Performance The City of Federal Way continually strives to improve the performance of its operations and those of its funded agencies. In 2013, the Community Services Division will have invested over $ 750,000 in the community to meet the goals and objectives outlined in the 2012 -2016 Consolidated Plan. CDBG funds were primarily targeted toward affordable housing, economic development and provision of basic needs services. For a more detailed summary of the City's evaluation of past performance, previous Consolidated Annual Performance and Evaluation Reports (CAPER) can be viewed on the City's website at www.cityoffederalway.com. Action Plan Required Elements: Geographic Distribution / Allocation Priorities: 2. Describe the geographic areas of the jurisdiction (including areas of low income families and /or racial /minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. 3. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for assigning the priorities. 4. Describe actions that will take place during the next year to address obstacles. 2014 Action Plan General Questions response: Geographic Area Most of the limited amount of CDBG funds are available city -wide (except for the small amount of remaining NSP3 funds invested into the Greater West Way Neighborhood, and the planning work in a potential NRSA areas), thus the investment will reach a concentration of the lowest- income persons in the city. Please refer to Attachment C of this Action Plan to view maps that distinguish the low /mod income areas of the City. The Community Development Division funded activities are available community wide to residents of all parts of Federal Way. Allocations are typically used to address high - priority needs, as identified in this plan, on a citywide basis for a project primarily benefiting low- and moderate - income households. The following section describes the customized activities that focus on a particular Neighborhood area. Description of the geographic areas where assistance is to be directed Understanding demographic and economic trends is important to developing a housing and community development strategy. The information presented in this section are key indicators (from the 2010 Census) relating to population and household composition and growth, economic conditions, poverty, and race and ethnicity in the City of Federal Way. Composition of Family Households ■ w /Spouse ■ w /Child The City of Federal Way has a total of 32,960 households. This number includes 23,349 family households. The compositions of the familial households are 16.9% with a Spouse; 31.2% with at least one Child; 9.3% with no nonrelative; 6.4% with Nonrelatives, and 1.8% with an Unmarried partner. Veterans comprise 10.4% of the 68,792 civilian persons over 18 years old living in the city. 6,078 households paying rent in Federal Way are paying more than 35 percent of their monthly household income. 59 percent of Federal Way workers commute out of the city for their job. Of the 91,169 (non - institutionalized) persons living in Federal Way, 12.4 % of those have a disability. Median household income in Federal Way is $49, 967, twenty -two (22) percent lower than King County, while median family income is $58,358, which is 28 percent lower than the King County. 19.1 percent of families residing in Federal Way have incomes below $25,000 (2013 federal poverty line for family of 4 is $23,550) FW Racial Make -up White ■ Asian African American ■ Hispanic /Latino * Source 2012 Community Survey Residents with Disabilities ■ Under 18 yrs FA old ■ 18 -64 yrs old 65 yrs old - plus The community's diversity reveals that 93 percent of the city identify as one race, composed mainly of White - 58.1 %; Hispanic or Latino - 18.5 %; African American - 10.1 %; Asian - 11.9 %. The percentage of the Federal Way population (Age 5 +) according to language spoken at home is 68.3% English only; 11.7% Asian; 13% Spanish and 5.8 % other Indo- European. FEDERAL WAY WORKPLACE EMPLOYMENT (2010) In Federal Way: Business Description (NAICS Code) Businesses - Count Businesses- Percent Employees - Count Employees - Percent Agriculture, Forestry, Fishing and Hunting 8 0,3% 28 0.1% Mining 2 0.1% 3 0,0% Utilities 2 0.1% 120 0.4% Construction 243 7.8% 600 1.8% Manufacturing 78 2.5% 1,670 4.9% Wholesale Trade 85 2.7% 1,738 5.1% Retail Trade 410 13.1% 5,280 15.6% Motor Vehicle and Parts Dealers 39 1.2% 351 1.0% Furniture and Home Furnishings Stores 20 0.6% 85 0.3% Electronics and Appliance Stores 23 0.7% 85 0.3% Bld Material & Garden Equip & and Supplies Dealers 33 1.1% 366 1.1% Food and Beverage Stores 46 1.5% ! 533 1.6% Health and Personal Care Stores 46 15% 602 1.8% Gasoline Stations 19 0.6% 83 0.2% Clothing and Clothing Accessories Stores 55 1.8% 317 0.9% Sporting Goods, Hobby, Book, and Music Stores 33 1.1% 299 019% General Merchandise Stores 30 1.0% 2.118 6.2% Miscellaneous Store Retailers 63 2.0% _, 418 1.2% Non -store Retailers 3 0.1% 23 0.1% Transportation and Warehousing 54 1.7% 1,166 3.4% Information „54 1.7% 331 1.0% Finance and Insurance 261 _ BAW 1,445 4.3% Central Bank; Credit Intermed & Related Activities 109 3.5% ! 780 2.3% Securities, Commodity Contracts, and Other 57 1.8% " 328 1.0% Insur. Carriers & Related Activ.; Funds, Trsts,, Other 95 3.0% 337 1.0% Real Estate and Rental and Leasing 212 6.8% 2,876 8.5% Professional, Scientific, and Technical Services 261 '' 8.4% 1,846 5.4% Legal Services 52 1.7% 148 0.4% Management of Companies and Ente ` ruses 1 0.0% 2 0.0% Admin & Support, Waste M mt., Remediation 194 6.2% 920 2.7% Educational Services 103 3.3% 3,265 9.6% Health Care and Social Assistance 341 10.9% 5,060 14.9% Arts, Entertainment, and Recreation 59 1.9% 1,331 3.9% Accommodation and Food Services 245 7.9% 3,075 9.1% Accommodation 15 0.5% 240 0.7% Food Services and Drinking Places 230 7.4% 2,835 8.4% Other Services (except Public Administration) 366 11.7% 1,608 4.7% Automotive Repair and Maintenance 49 1.6% 258 0.8% Public Administration 40 1.3% 1,494 4.4% Unclassified Establishments 102 3.3% 62 0.2% TOTALS 3.121 33,920 This information was prepared from 2010 data from the Quarterly Census of Employment and Wages by the Washington State Employment Security Department as geo -coded and adjusted by the Puget Sound Regional Council. Where totals represent fewer than three reporting firms, or when one employer accounts for more than 80 percent of jobs, the total is withheld (noted by asterisk) to protect company privacy. Allocation Priorities The City has chosen to build off the foundation that was established in PY 2013 by allocating a significant portion of its PY 2014 funds to activities which have the potential of creating jobs /expanding business opportunities, preserving existing housing stock and providing funds for safety net services. The City has determined that its use of CDBG entitlement funds for the purpose of determining compliance with the ACT's 70% rule shall be a one (1) program year beginning January 1, 2014 and ending December 31, 2014. The City's CDBG program year is the same as the City's Fiscal Year (FY). In PY 2014, 100% of the available funds will be allocated to provide assistance to persons who are low -and moderate - income. Obstacles to Meeting the Needs To address underserved needs, the City of Federal Way will continue to work with partner funders and agencies to work on needs that are not being met. The City will continue to look for other sources of funds and work with others to utilize their dollars in ways to meet these needs. The Community Services staff is involved in a number of collaborative committees and teams that identify and address issues throughout the city and the region. Given the limited amount of CDBG and other grant funding available, however, this will be a challenge. In 2014, it will be even more of an issue due to cuts that are anticipated in CDBG funding. Sources of Funds: 5. Identify the federal, state, and local resources the jurisdiction expects to receive to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low- Income Housing Tax Credits, and competitive McKinney -Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. (92.220(c)(1)) 6. If you plan to dedicate funds within a local targeted area, provide the boundaries of the targeted area and an estimate of the percentage of funds you plan to dedicate to target area(s). (91.220(f)) 7. If your plan includes a Neighborhood Revitalization Strategy Area or Areas, please identify the census tracts for each NRSA and an estimate of the percentage of funds you plan to dedicate to the NRSA(s). 8. Explain how federal funds will leverage resources from private and non - federal public sources. 9. Provide a description of how matching requirements of HUD's programs will be satisfied. 10. If the jurisdiction deems it appropriate, indicate publicly owned land or property located within the jurisdiction that may be used to carry out the plan. 2014 Action Plan Sources of Funds response: Sources of Funds The City of Federal Way will utilize the following funding sources to achieve the goals and objectives outlined in this One -Year Plan: ➢ Community Development Block Grant (CDBG) ➢ Local Funds ➢ Private Equity ➢ Agency Contributions The City of Federal Way's CDBG program uses the HUD entitlement allocation, potential program income generated from the commercial loan program, and NSP3 Program grant awarded funds through the State of Washington. The amount of private funds leveraged during this year is estimated at $300,000 and based upon private equity requirements of two (2) activities (Commercial Loan and Commercial Exterior Improvement) under the Community Economic Revitalization Fund (CERF) programs. It is anticipated that the following resources will be available to activities and projects during the 2014 Program Year. 2014 RESOURCES Carry Forward PY 2013 $ 394,383 2014 HUD Entitlement Grant $ 576,450 Program Income $ 3,000 Total CDBG $ 973,833 Resources $ 15,000 OTHER POTENTIAL RESOUCES $ 635,236 Section 108 $ 3,030,000 NSP3 Grant $ 100,000 HOME* $ 0 Emergency Solutions Grant* $ 0 Total $ 4,103,833 Resources $ 30,000 *King County resources; amounts for projects in Federal Way, values variable The dollar amount associated with each of these Program categories is shown below: 2014 CDBG EXPENDITURES 2014 Planning & Admin $ 115,290 Staff costs $ 102,790 NRSA - Professional Services $ 10,000 Fair Housing - Education $ 2,500 1 2014 Public Service $ 86,465 FWCC Inclusion Program $ 24,465 HealthPoint $ 15,000 MSC YES Program $ 10,000 MSC Emergency Assistance Program $ 22,000 Institute for Family Development $ 15,000 2014 CERF $ 635,236 Sm Biz Loan $ 75,000 Microenterprise Loan $ 70,000 Commercial Exterior $ 105,000 Emergency Housing Repair $ 250,000 HCC SBDC /SZ $ 102,236 Parkview Services $ 30,000 2014 Section 108 $3,035,000 Remainder T/A $ 5,000 Loan - PACC and /or Twin Lakes $3,030,000 and /or TBD NSP3 $ 100,000 Expenditures Total $3,969,375 2014 Un- programmed $ 134,458 OBJECTIVES & OUTCOMES - PY 2014 The City will allocate PY 2014 CDBG funds to continue to stimulate economic development while also improving the health and safety of its residents through investment into the preservation of existing housing stock and contracting with social service agencies for the delivery of safety -net services. The following CDBG- funded activities have been reviewed and are programmed for during PY 2014 in anticipation of receiving a HUD grant offer and letter of approval. Activity #1 - The City expects to utilize $86,465 of PY 2014 CDBG funds to partner with five (5) non - profit agencies to provide various public services as follows: a) Federal Way Community Center - Inclusion Program: CDBG funds will pay for .3 FTE of a Recreation Coordinator to provide social activities /services for adults with developmental disabilities, including classes, life skills training, participatory events, trips and other activities conducted with community partners. ($24,465 CDBG) Anticipated Outcomes: 85 persons served. b) HealthPoint - Primary Dental Access - CDBG funds provide comprehensive dental services for low - to moderate - income Federal Way residents. ($15,000 CDBG) Anticipated Outcomes: 27 people served. c) Multi- Service Center - Emergency Services Program: The program provides services to individuals in need of immediate access to basic services. ($22,000) Anticipated Outcomes: 44 people served. d) Multi- Service Center - YES Program: This program provides youth employment and education services to residents of Federal Way. ($10,000) Anticipated Outcomes: 18 persons served. e) Institute for Family Development - PACT (Parents and Children Together): The program will provide in -home counseling, skill building, and support services to high -risk children and their families in the City of Federal Way. ($15,000 CDBG) Anticipated Outcomes: 21 people served. CP Goals - Strategy 3A: Provide an array of 'services to households to help them on the path toward self- sufficiency. Strategy 36: Provide a safety net of services to stabilize households who are in crisis or at risk. Action Steps: The city will contract'' with nonprofit organizations that provide key services to promote the self - sufficiency of individuals and households. Activity #2: The City will utilize $377,695 of PY 2014 CDBG funds and approximately $257,541 of PY 2013 carry- forward funds for Community Economic Revitalization Funding (CERF) programs /activities deemed to be a high priority need: Housing Repair PrggE m - the City will continue to fund this program utilizing CDBG funds for investment into housing stability projects that assist income - qualified Federal Way homeowners, through the City's CDBG Housing' Rehabilitation Repair Grant Program CP Goals - Strategy 2A: Support homeownership focusing on programs to assist homeowners to retain and maintain their homes, and offer new homeowner opportunities. Action Steps: a) Market and implement the Housing Repair Program to assist homeowners to make needed repairs and improvements and resolve health and safety issues including lead -based paint hazards. First year activities will include establishing program standards and procedures prior to initiation of repair activities. ($250,000 CDBG) b) Support the activities of the NSP3 Program operating in the Westway Neighborhood which provides assistance to low- and moderate - income households to purchase rehabilitated homes which have been in foreclosure ($100,000 NSP3). Anticipated Outcomes: 45 single - family homes owned by low- and moderate - income persons assisted. Commercial Loan Program — Through the review and recommendation by the Loan Review Advisory Committee, the City will continue to offer small business loans under this program. The CDBG Small Business Loan Program is a competitive, low- interest loan program offering between $5,000 and $75,000 for new or expanding small businesses in the City limits. The small business must provide one dollar of private sector investment or equity for each dollar of CDBG investment. In both cases, the funds would only be provided to businesses willing to make new jobs available to low- and moderate - income persons. In addition, the City will provide assistance to retain jobs currently held by low- and moderate - income persons in cases where those jobs would be lost if not for the assistance. CP Goals - Strategy 1B: Encourage the creation and growth of businesses. Strategy 1C: Increase opportunities for employment in jobs providing livable Incomes. Action Steps: a) Recapitalize the Commercial Loan Program which provides a Small Business loan product, providing assistance to small businesses owned (or to be owned) by persons who are low - and moderate - income and to businesses which serve neighborhoods which are primarily low- and moderate - income ($75,000). Anticipated Outcomes: Three businesses owned by low- and moderate- income persons assisted with 9 jobs created or retained for low- and moderate - income persons. Commercial Exterior Improvement Program - The City's Commercial Exterior Improvement Program provides funds to commercial property owners to make needed building facade improvements at a reduced cost. CP Goals - Strategy 1B: Encourage the creation and growth of businesses. Strategy 1C: Increase opportunities for employment in,'jobs providing livable incomes. Action Steps: a) Recapitalize the Commercial Exterior Improvement Program that will provide assistance to small businesses owned (or to be owned) by persons who are low- and moderate - income and to businesses which serve neighborhoods which are primarily low- and moderate - income ($105,000). Anticipated Outcomes: Three businesses owned by low- and moderate - income persons assisted with 3 jobs created or retained for low- and moderate - income persons. Microenterprise Assistance - the City will offer assistance to microenterprise business by allocating funds for direct assistance to startup or new entrepreneurs in the city. Additionally, the City will program CDBG funds into a Microenterprise Loan Program, designed to assist businesses having five (5) or fewer employees, one or more who owns the business at the time of application. Under the Microenterprise Loan Program, loans ($5,000 - $25,000) are provided which can be used for startup costs, working capital, equipment and other fixed assets. CP Goals - Strategy 1B: Encourage the creation and growth of businesses. Strategy 1C: Increase opportunities for employment in jobs providing livable incomes. Action Steps: a) Recapitalize Microenterprise Technical Assistance Program that will provide assistance to small businesses owned (or to be owned) by persons who are low- and moderate - income and to businesses which serve neighborhoods which are primarily low- and moderate- income. The assistance will be in the form of training /technical assistance. Resources: $102,620 CDBG Action Steps: b) The city will contract with Highline Community College in order to provide key services that educate, mentor and assist new startup and existing small businesses in Federal Way. c) The city will monitor the success of the Highline CC programs, ensuring compliance with terms of contract and for the reporting on investment returns. d) Recapitalize the Microenterprise Loan program that will provide assistance to small businesses owned (or to be owned) by persons who are of low and moderate income and to businesses which serve neighborhoods which are primarily low- and moderate - income. Resources $70,000 CDBG Anticipated Outcomes: 96 low -and moderate - income persons assisted through Microenterprise technical assistance trainings and 4 Microenterprise loans made that yield jobs created or retained for low- and moderate - income persons. Homeless Prevention/ Housing Parkview Services - Single Family Residence (SFR) Acquisition. The proposed project will help address the community's need for affordable, supportive housing for three residents that are currently receiving disability services from the State of WA. Parkview currently owns /operate over 50 housing units, located throughout the Puget Sound region CP Goals - Goal 2 Provide decent affordable housing and Goal 3: Establish Suitable Living Environments Strategy 2C: Provide adequate housing for homeless and special needs populations. Strategy 313: Provide a safety net of services to stabilize households who are in crisis or at risk. Action Steps: a) The City will contract with Parkview for the acquisition of ogle SFR home in Federal Way. b) Parkview will locate and propose purchase to the City of an SFR home. c) The City will complete the required Environmental Review Record (ERR) for proposed home. d) Once ERR is complete, Parkview will secure the property. e) Parkview will provide all pertinent documents to the city. Anticipated Outcomes: Parkview will provide housing and case management services for three non - related LMI residents that for each and every year during the term of the CDBG investment period. Activity #3: Federal Way expects to utilize $115,290 of PY 2014 CDBG funds towards program administration and planning. Anticipated Outcomes: CDBG program Administration - Consisting of contract development and management, activity monitoring and delivery, public notices and hearings, environmental reviews completed timely expenditure of funds and required planning documents created and submitted to HUD. NRSA Target Area /Planning The City of Federal Way is planning to invest CDBG funds into a planning effort to evaluate the possibility to designate a local targeted investment area, known as a Neighborhood Revitalization Strategy Area. This study area includes neighborhoods that are located in the northeastern area of the city, in proximity to 288th Street and Military Road. This larger area includes some smaller sub -areas undergoing transition and some areas that have typically generated a high number of police calls. The 2014 activities include development of priority needs and strategies through engagement with the area residents, businesses and community -wide partners and creation of a NRSA application to HUD. Fair Housing — Education The City will partner with a regional entity to offer a free fair housing workshop for owners /managers of City apartment units. The City will distribute educational materials to owners and low- income residents of Federal Way Leveraged Funds The City of Federal Way will work with community agencies, neighborhood groups, private businesses, and public sector partners to leverage its community development resources where possible and appropriate, providing prioritization to projects that effectively reach more than one Action Plan goal, in order to achieve effective results. Based upon the high local priority given to homeless services, and the Federal spending caps, the City will continue to supplement key "public service" and homeless services projects, and provide an additional layer of support. Publicly Owned Land and Property The City of Federal Way will not use publicly owned land or property located within the jurisdiction to carry out the plan. Managing the Process 11. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 12. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. 2014 Action Plan Managing the Process response: Lead Agency The City of Federal Way has designated the Community Services Division as the lead agency for the administration of the CDBG grant program. The Human Services Commission (HSC), comprised of nine City Council appointed citizens, serves as the lead policy body overseeing the development of the CDBG plans and programs. The Division works with numerous community -based organizations and their partners, businesses, other funders and City of Federal Way departments to plan, develop, implement and evaluate activities covered in this plan. Consultations and other Agencies' Involvement The Community Services Division, in coordination with the HSC, developed the 2014Action Plan by using the goals and objectives developed for the 2012 -2016 Consolidated Plan. That plan was developed through consultation from diverse groups and organizations. The Commission hosted two public hearings in 2013 to further involve agencies and the general public in the development of the 2014 Annual Plan. The City regularly participates and coordinates with regional partners and service groups in the community. In addition, the Division staff regularly meets with groups including the Continuum of Care (CoC) for Homeless Services, and various ad hoc committees, such as the Housing, Diversity, Planning, Economic Development and Human Services groups to add value for systematic improvements in certain service sectors. Collaborative Efforts In 2014, the Community Services Division will continue to work more collaboratively with service providers, other funders, housing developers, the Public Health of Seattle -King County , the Federal Way Public School District, other City of Federal Way departments and King County to more efficiently deliver the City of Federal Way Community Development program. The City of Federal Way Community Services Division will take the following actions in 2014: • Meet monthly with the community agency partners through the "Build the Bridge" meetings. • Meet monthly with regional cities' Human Services staff. • Work with the Federal Way Public School District to determine neighborhoods where schools can be used as neighborhood centers during off hours in areas that do not currently have centers. • Participate as members of the County -wide Continuum of Care. This CoC also includes a Funders Committee which includes the major funders in the area. Citizen Participation 13, Provide a description of the process used to allow citizens to review and submit comments on the proposed consolidated annual plan, including how the plan (or a summary of the plan) was published for review; the dates, times and locations of a public hearing, or hearings; when and how notice was provided to citizens of the hearing(s); the dates of the 30 day citizen comment period, and if technical assistance was provided to groups developing proposals for funding assistance under the consolidated plan and how this assistance was provided. 14. Provide a summary of efforts made to broaden public participation in the development of the consolidated annual plan, including outreach to minorities and non - English speaking persons, as well as persons with disabilities. 15. Provide a summary of citizen comments or views on the annual plan. 16. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. 2014 Action Plan Citizen Participation response: Citizen Participation Process The CDBG Human Services Commission serves as a citizen participation resource for the CDBG program. The Commission is made up of nine members. All members are appointed by the City Council. The Human Services Commission meets monthly and provides time within its meetings for public comments and presentations. The Commission annually holds at least two public hearings to assess the overall progress of its investment programs, and to hear about future and emerging needs within the community. Efforts to Broaden Public Participation The City has initiated several efforts to broaden the outreach and participation of various community groups in the community development program, including: • Provided an extensive website at www.cityoffederalway.com to report on five -year goals, annual projects and special issues. The site includes a means to directly comment on any aspect of the Plan or the program. • Advertised in the community newspaper (Federal Way Mirror) and in specific minority -based publications relative to the program need. • Provided information to the Federal Way Branch of the King County Library Systems. • Actively participated in various groups such as the Ten -Year Plan to End Homelessness - Funders group, the South King County Regional Planners meetings, and other meetings throughout the year related to housing and community development issues. • Provided interpreters at meetings as needed. • Provided information in alternate formats as needed. Public Hearing — August 20, 2013 at 4:00 pm at Federal Way City Hall Summary: On August 20, 2013, a public hearing was held at the Human Services Commission meeting regarding the 2014 Program Funding Goals and Priorities. The public was notified of this meeting by an ad that was placed in the Federal Way Mirror on July 19, 2013. The City's website also contained information about the meeting. Citizens were given the opportunity to attend the meeting, send their comments by mail or email or contact the CSD Office by telephone. One comment was received via electronic means. Specifically, the comment supported the need for the City to invest CDBG funds into specific high need income areas using the NRSA tool available to entitlement communities. A copy of the comment is included in Attachment D. 30 Day Public Comment Period and Public Hearing The draft 2014 Annual Plan was advertised in the Federal Way Mirror on August 30, 2013, and was made available to City residents both electronically (City website) and in hard copy. The paper format was available at the King County Library System, Federal Way Branch and the Mayor's office. On September 30, 2013, a public hearing was held regarding the 2014 Annual Action Plan. The public was notified of this meeting by an ad that was placed in the Federal Way Mirror on August 30, 2013. The City's website contained information about the meeting. Citizens were given the opportunity to attend the meeting, send their comments by mail or email or contact the CSD Office by telephone. No public comments were made on the plan. The City Council considered the AAP on October 15, 2013. Consultations and Other Agency Involvement The Community Services Division, in coordination with the Human Services Commission, developed the 2012 -2016 Consolidated Plan with consultation from diverse groups and organizations. Group and individual meetings, emails and telephone discussions were all had to solicit information and feedback from the following groups: • Human Services Commission • Affordable housing developers and providers (Multi- Service Center, FUSION) • Economic development groups (Federal Way Chamber of Commerce) • The Committee to End Homelessness • Federal Way Public School District • King County (Community Services, and Housing Authority) • Seattle /King County Public Health • Social service agencies Throughout these discussions several themes emerged which supported the drafted goals and objectives for the 5 -year Consolidated Plan. These were affordable housing, job creation, employee and business development, and access to resources In addition; the need for continued coordination and collaboration between agencies, local governments, other funders, other City agencies and the schools was also discussed. These goals and objectives continue to be relevant for the 2014 Annual Action Plan. These entities were all notified when the draft Annual Plan became available to provide further comment. No additional comments were made. Institutional Structure 17. Describe actions that will take place during the next year to develop institutional structure. 2014 Action Plan Institutional Structure response: In 2014, the Community Services Division will: • Combine and coordinate resources in the Community Services Division. • Update the Division website to include pertinent information for community -based organizations for planning and program implementation purposes, and for individual seeking resources for community development. • Continue to advocate for additional resources for a coordinated approach to community development and planning to address poverty issues, affordable housing, job creation and community revitalization initiatives. • Continue to participate in collaborative efforts with other funders, private sector groups and agency coalitions such as the COC. MONITORING 18. Describe actions to be taken that will take place during the next year to monitor your performance in meeting goals and objectives set forth in your Consolidated Plan. 19. Describe steps /actions to be taken during the next year to ensure compliance with program requirements, including requirements involving the timeliness of expenditures. 20. Describe steps /action you will use to ensure long -term compliance with housing codes, including actions or on -site inspections you plan to undertake during the program year. Describe actions to be taken to monitor subrecipients (including sponsors or administering agents) during the next program year. This includes the monitoring of all programs, CDBG, HOME, ESG, or HOPWA, as applicable. 2014 Action Plan Monitoring response: Monitoring City Performance The City will ensure that all activities carried out to implement the 2014 Action Plan comply with the requirements of the CDBG and other funding sources will achieve their performance objectives on schedule and within the prescribed budget. The Community Services Division staff, with oversight by the Human Services Commission, serves as the lead in the recording, monitoring and evaluating the City's progress in achieving the goals and objectives outlined in this plan. Presentations, updates, status reports will be presented monthly at the Commission meetings. The City will continually analyze the progress towards meeting the goals throughout the year by: 1. Funding projects that help to meet the goals outlined in the Consolidated Plan. 2. Write contracts that include goals that are related to the Consolidated Plan and provide regulatory requirements to ensure that the delivery of the program meets the funding source rules. 3. Complete regular desk reviews of the program performance for each contract. 4. Complete on -site monitoring at agencies identified to be high risk. 5. Take appropriate action if performance goals and objectives are not on pace and meet as agreed to in the contract. Timeliness of Expenditures and Sub - Recipient Monitoring Each agency receiving funding from the City of Federal Way is formalized through a contract which outlines all requirements, regulations, procedures and accomplishments. The agency submits progress reports on a quarterly basis at a minimum. The specific reporting periods will be established with the contractual process. Reports will be reviewed for contract compliance with all regulations including administrative, financial and programmatic operations. Timely expenditure of funds will be reviewed on a continual basis to ensure compliance with program regulations. Individual meetings with the agency will occur as necessary to respond to questions or assess project progress. Depending upon the complexity of the project and the funding requirements, the City may provide orientation training and technical assistance to help improve successful completion of the project. The Community Services Division staff will determine an onsite monitoring schedule for the year. This monitoring will include fiscal, programmatic, and regulatory controls and requirements. Compliance with Housing Codes To ensure compliance with housing codes, the Division will inspect properties prior to investing funds into the properties. Description of Activities *If not using the CPMP Tool: Complete and submit Table 3C *If using the CPMP Tool: Complete and submit the Projects Worksheets and the Summaries Table. 21. The action plan must provide a summary of the eligible programs or activities that will take place during the program year to address the priority needs and specific objectives identified in the strategic plan. (Use of the Summaries Table and Project Worksheets or Table 3C 12A will be sufficient. No additional narrative is required.) Please refer to Attachment A for a listing of the funded activities for 2014. Summary of Specific Annual Objectives and Outcome Measures *If not using the CPMP Tool: Complete and submit Table 2C and Table 3A. *If using the CPMP Tool: Complete and submit the Summary of Specific Annual Objectives Worksheets or Summaries.xls 22. Provide a summary of specific objectives that will be addressed during the program year. (91.220(c)(3). (Use of the Summaries Table and Project Worksheets or Table 3C 12A will be sufficient. No additional narrative is required.) 23. Describe the Federal Resources, and private and non - Federal public resources expected to be available to address priority needs and specific objectives during the program year. (Use of the Summaries Table and Project Worksheets or Table 3C /2A will be sufficient. No additional narrative is required.) 24. Describe the outcome measures for activities in accordance with Federal Register Notice dated March 7, 2006, i.e., general objective category (decent housing, suitable living environment, economic opportunity) and general outcome category (availability /accessibility, affordability, sustainability). 91.220(e). (Use of the Summaries Table or Table 2C /Table 3A will be sufficient. No additional narrative is required.) Please refer to Attachment B for a listing of the Objectives /Outcomes for 2014. 25. Describe the one -year goals for the number of homeless, non - homeless, and special -needs households to be provided affordable housing using funds made available to the jurisdiction and one -year goals for the number of households to be provided affordable housing through activities that provide rental assistance, production of new units, rehabilitation of existing units, or acquisition of existing units using funds made available to the jurisdiction. The term affordable housing shall be defined in 24 CFR 92.252 for rental housing and 24 CFR 92.254 for homeownership. 2014 Action Plan Specific Objectives response: In 2014, the City will focus on the following objectives in the housing area: Improve the quality of the existing owner- occupied housing stock by providing CDBG funds for emergency housing repair projects as well as support community stability and neighborhood revitalization efforts. Expand the number of affordable rental units for three (3) lower income, disabled individuals. CDBG funds will be utilized to fund the housing objectives stated above. In addition, please see the activity sheets in Attachment A. Needs of Public Housing (92.220(b)) 26. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 27. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. 2014 Action Plan Public Housing Strategy response: Community Development Block Grant funding requires grants recipients to partner with other agencies that receive federal funds designed to serve LMI populations. In King County, public housing is provided through the King County Housing Authority (KCHA), which provides critical low- income housing and redevelopment resources to the City's residents and neighborhoods. The KCHA is an independent public agency with a dedicated funding stream for housing choice vouchers and low- income public housing from the Department of Housing and Urban Development. It also is a body that has the powers of public financing and bonding. The staffs of the City and KCHA have identified a major activity for 2014: a) Partnership in discerning and prioritizing projects that address resident needs in a Neighborhood Revitalization Strategy Area. The Authority places a high priority on developing special programs to reduce the turn -over time for units, improve the long- term maintenance program, and develop programs and services within each of the major housing complexes to serve the social, economic, recreational, and educational needs of its residents. The KCHA is governed by a Board of Directors. KCHA encourages resident participation and notices their meetings to residents and to the community at large, has resident representation on the subcommittees, and holds occasional hearings to gauge the needs and goals of its participants. The KCHA has outlined other major housing initiatives in its own panning documents available on its website and by request (www.kcha.org). The KCHA has not been designated as "troubled" by HUD. Antipoverty Strategy 29. Briefly describe the actions that will take place during the next year to reduce the number of poverty level families (as defined by the Office of Management and Budget and revised annually), taking into consideration factors over which the jurisdiction has control. 2014 Action Plan Antipoverty Strategy response: The Antipoverty Strategy of the City is to promote accessibility and availability of employment, education, health care and family support services to lower- income households to help them develop greater household financial independence and to promote neighborhood involvement, steps which will eventually lead to the reduction of poverty throughout the City. The City has adopted five major strategies to achieve these goals of poverty reduction: 1. Provide information about resources to poverty -level households. 2. Continue housing assistance programs. 3. Involve neighborhoods in the City's processes and revitalization efforts. 4. Increase economic development and employment training opportunities. 5. Continue collaborative efforts between local governments, non - profits, schools and businesses. In 2014, the City will continue efforts begun earlier to work closely with residents, owners and community groups to address some of the emerging revitalization issues in the northeast area of the City, as well as continue to support revitalization efforts in the West Way area. These efforts will continue to: • Assess and refine the City's efforts to support resident involvement and empowerment in the community. • Coordinate programs and services with other funders, agencies, businesses, and neighborhood organizations. The City's efforts will assist in reducing poverty by addressing emerging neighborhood needs. These efforts will bring additional services and opportunities to residents that may have been previously underserved or isolated. Barriers to Affordable Housing 30. Describe the actions that will take place during the next year to remove barriers to affordable housing. 31. Describe the actions that will take place during the next year to foster and maintain affordable housing. 2014 Action Plan Barriers to Affordable Housing response: The Community Services Division will continue to assist the housing partners in developing strategies to remove barriers to affordable housing. The staff will continue to review proposed funding of affordable housing projects. The Community Services Division will work collaboratively with regional partners to share effective strategies that other communities and agencies have employed to fulfill this obligation. The Community Services Division will work together with affordable housing partners in our community to host a fair housing seminar in 2014. We will distribute specific information to Federal Way property owners on implementation strategies to reduce barriers to affordable housing accordingly. The Division staff will review the vacancy rates on the ability of lower income individuals to locate housing. The Division will also review changes in State law that have made it difficult for lower income individuals to secure affordable housing and work to remove these barriers so households have a greater opportunity for affordable housing. Lead -based Paint 32. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead -based paint hazards in order to increase the inventory of lead -safe housing available to extremely low - income, low- income, and moderate - income families, and how the plan for the reduction of lead -based hazards is related to the extent of lead poisoning and hazards. 2014 Action Plan Lead -based Paint response: The City of Federal Way works to reduce lead -based paint hazards by requiring subrecipients to comply with the Lead -Based Paint requirements set forth in 24 CFR Part 35. This includes meeting the requirements for notification, identification and stabilization of deteriorated paint, identification and control of lead based paint hazards, and identification and abatement of lead - based paint hazards. The Protect Your Family from Lead in Your Home pamphlet developed by the EPA, HUD and the U.S. Consumer Product Safety Commission is also distributed The Seattle /King County Public Health provides community education programs. Information about lead is incorporated into the nutritional counseling conducted at the WIC (Women, Infants and Children) clinics held throughout the City and County. Evaluation of homes of children found to have elevated blood lead levels, as well as, consultation for renovation and remodeling are provide through this program. The CSD staff will also continue to educate realtors and lenders that we work with on the dangers of lead paint in the City of Federal Way housing stock. Specific Homeless Prevention Elements *Please also refer to the Homeless Needs Table in the Needs.xls workbook. 33. Please describe, briefly, the jurisdiction's plan for the investment and use of available resources and describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2014. Again, please identify barriers to achieving this. 34. Homelessness Prevention —The jurisdiction must describe its planned action steps over the next year to address the individual and fami lies with children at imminent risk of becoming homeless. 35. Discharge Coordination Policy —The jurisdiction must certify it established a policy for discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care, or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. (91.225 (c)(10)) 2014 Action Plan Special Needs response: Use of Available Resources The City of Federal Way has followed a strategy to: a) Prevent homeless through prevention efforts including City- funded emergency assistance grants, and b) End homelessness through efforts to move people as rapidly as possible from homelessness into housing. The City outlined its priorities for preventing and ending homelessness and other activities geared to special needs populations in the Five Year Consolidated Plan. The City has also accepted the recommendations of the 'Ten Year Plan to End Homelessness in King County" which serves as the local CoC. The City has supported projects that develop supportive permanent housing units throughout the community. By identifying specific projects through this process, the City is able to address the needs of the homeless population, tap the resources of County and community agencies and integrate the local service delivery systems. Eleven agencies are currently under contract with the City to provide supportive services through financial assistance, case management, housing mediation, legal advocacy and tenant education. While the HUD ESG funds represent a relatively small portion of the total resources within the local homeless services system, the City and providers combine a variety of resources to address the objectives in the Five Year Plan and the Community Plan. The largest portion of these funds is used to fund the REACH OUT Program through a contract with Catholic Community Services and the collaboration with local faith based institutions. Homeless Prevention The City of Federal Way uses local housing and services through a relationship with Federal Way Cc Vincent DePaul, which receives to housing, transportation, and acce! FUSION also receive local funds to resources to fund outreach to connect chronically homeless to contract with various agencies. This includes continuing a immunity Caregiving Network, Multi- Service Center and St. cal funds to offset insufficient resources for persons needing >s to a variety of basic needs.. The Multi- Service Center and provide support services to formerly homeless families. Emergency She /ter Grants (ESG) ®N /A 36. If applicable, describe how the ESG matching requirements will be met. 37. (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. The City of Federal Way does not receive ESG funds. ff 8: t Non - Homeless Special Needs (91.220 (c) and (e)) 38. Please describe any supportive housing activities being undertaken to address the priority housing needs of persons who are not home less (elderly, frail elderly, persons with disabilities, persons with HIV /AIDS, persons with alcohol or other substance abuse problems). 2014 Action Plan Specific Objectives response: The State of Washington and King County utilizes local, state and federal dollars as the lead public source for funding services to the special needs population. The City of Federal Way provides assistance to this population through sponsoring the INCLUSION Program (see description and Attachment A) and by partnering with local non - profits that purchase existing housing that is suitable for persons with physical and mental disabilities. Parkview Services has received approval for CDBG funds to purchase and rehabilitate a single family home for three or four Federal Way residents who have intellectual and developmental disabilities in PY 2014. The City provides local funds to agencies that combine other funding and the proceeds from private fundraising to develop and operate affordable housing. The City does not currently plan to use CDBG funds for direct rental assistance. Community Development 39. Identify the estimated amount of CDBG funds that will be used for activities that benefit persons of low- and moderate - income (an amount generally not to exceed ten percent of the total available CDBG funds may be excluded from the funds for which eligible activities are described if it has been identified as a contingency for cost overruns.) 40. CDBG resources must include the following in addition to the annual grant: a. Program income expected to be received during the program year, including: i. The amount expected to be generated by and deposited to revolving loan funds; ii. The total amount expected to be received during the current program year from a float- funded activity described in a prior statement or plan. b. Program income received in the preceding program year that has not been included in a statement or plan; C. Proceeds from Section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives in its strategic plan; d. Surplus funds from any urban renewal settlement for community development and housing activities; and e. Any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. 41. Identify the jurisdiction's priority non - housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs, public facilities, public improvements, public services and economic development. (Use of Table 2B or the Community Development Needs Table is sufficient, additional narrative is not required) a. For activity for which the jurisdiction has not yet decided on a specific location, such as when a jurisdiction is allocating an amount of funds to be used for making loans or grants to businesses or for residential rehabilitation, provide a description of who may apply for the assistance, the process by which the grantee expects to select who will receive the assistance (including selection criteria), and how much and under what terms the assistance will be provided. 42. Identify specific long -term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate - income persons. (Use of Table 2B or the Community Development Needs Table and Summaries Table is sufficient additional narrative is not required) 43. An "urgent need" activity may be included in the action plan only if the jurisdiction certifies that the activity is designed to meet other community development needs having a particular urgency because existing conditions pose a serious and imminent threat to the health or welfare of the community and other financial resources are not available. 2014 Action Plan Community Services response: For 2014, the City of Federal Way has placed a high priority on the expansion of economic opportunities for lower- income persons through job creation and employment and training, on the creation and improvement of neighborhood- focused facilities that serve lower- income neighborhoods, on the operation of neighborhood centers and community gardens, and on revitalization efforts that address higher priority needs within selected geographical areas within the City. Priority is reflected in part by the amount of resources targeted for each area. Staff believes that a balanced program of activities delivered over a period of time will result in the most productive effect within the community. These are complemented by discussions and other coordinated research efforts among other city and community funders. To help families and neighborhoods address these needs and reduce these obstacles, the City has adopted the following non - housing community development objectives: 1. Help businesses and non - profits grow in ways that create new employment opportunities for lower- income persons which expands economic opportunity and improves the quality of life for unemployed and underemployed individuals. 2. Assist micro - enterprises to thrive to become the principal occupation of their owners or create jobs for lower income persons. 3. Connect residents to job training opportunities that lead to permanent employment that offers a living wage or greater. 4. Provide residents with skills or opportunities that will lead to stronger neighborhoods. 5. Assist residents of designated neighborhoods to identify opportunities and promote sustainable revitalization efforts. Encourage sustained, complementary and comprehensive revitalization efforts in selected neighborhoods. Section 108 Loan Application: In 2013, the City Council authorized moving forward with a proposed application for up to $3,030,000 in Section 108 funds. There are several options that Council is considering to fund with Section 108; construction costs associated with the Performing Arts and Conference Center, or the creation of a loan fund to spur private investment in the Twins Lakes Commercial Redevelopment Area. HOME/ American Dream Down payment Initiative (ADDI) ®NA The City of Federal Way does not receive ADDI funds. HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS Ti The City of Federal Way does not receive HOPWA funds. Other Narrative Include any Action Plan information that was not covered by a narrative in any other section. SUMMARY STATEMENT The City developed this document to describe its community - development - related strategies and to guide future decisions as these projects are implemented, assessed and modified for improved quality and effectiveness. The document is also designed to meet the requirements of the Department of Housing and Urban Development and to elicit comments and suggestions for improvement from Federal Way citizens for future actions. The activities seek to improve those conditions that lead to a better community: healthy neighborhoods; affordable housing; growing employment and businesses; accessible human services; information resources; and effective program management. The resources described in this document are only a portion of the energy, vision and skill brought to bear upon the challenges facing Federal Way. This plan attempts to provide a framework for the allocation and organization of these public resources in ways which complement the work of others within the community and together improve the viable urban community which embodies the goals of Federal Way. ATTACHMENT A TABLE 3C LISTING OF SPECIFIC PROJECTS Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name Federal Way Priority Need: Neighborhood Sustainability Project Title: NRSA Planning Description: Provide CDBG funds to retain professional services for the development of priority needs and strategies through engagement with the area residents, businesses and community -wide partners and creation of a NRSA application to HUD. Objective category: ® Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ® Availability /Accessibility ❑ Affordability ❑ Sustainability Location/Target Area: 288th and Military Road Street Address: City, State, Zip code: Federal Way, WA 98003 Objective Number Project ID SL -1.1 2014 NRSA HUD Matrix Code CDBG Citation 20 570.205 Type of Recipient CDBG National Objective Local Government Start Date Completion Date (mm /dd/yyyy) (mm/dd/yyyy) 12/31/2014 01/01/2014 Performance Indicator Annual Units Local ID Units Upon Completion n/a n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $ 7,500 $ 7,500 $ 7,500 The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV /AIDS ❑ Persons with Disabilities ❑ Public Housing Needs. Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name Federal Way Priority Need: Economic Development Project Title: Section 108 Loan Guarantee Program Description: Pay remaining invoice for T/A provider. Provide Section 108 Loan funds to City Council approved projects eligible for Section 108 financing which may include: • Economic development activities eligible under CDBG; • Construction or installation of public facilities (including infrastructure) • Related Clearance and Site Improvements • Payment of interest on the guaranteed loan and issuance costs of public offerings and • Debt Service Reserves Objective category: ❑ Suitable Living Environment ❑ Decent Housing ® Economic Opportunity Outcome category: ® Availability /Accessibility ❑ Affordability ❑ Sustainability Location/Target Area: To be determined by City Council Street Address: City, State, Zip code: Federal Way, WA 98003 Objective Number Project ID EO -1.1 2014 Section 108 HUD Matrix Code CDBG Citation 17 C CI 570.206 Type of Recipient CDBG National Objective Local Government 570.208 a Start Date Completion Date (mm/dd/yyyy) (mm/dd/yyyy) 12/31/2014 01/01/2014 Performance Indicator Annual Units TBD TBD Local ID Units Upon Completion n/a n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $ 5,000 $ 5,000 _..._ _.._ ....... _ _._...._....__ $ 3,030,000 $ 3,035,000 The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV /AIDS ❑Persons with Disabiliries ❑ Public Housing Needs. Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name Federal Way Priority Need: Homeless Prevention Project Title: Multi- Service Center Emergency Services Description: Multi- Service Center will provide short-term financial assistance to eligible Federal Way residents in crisis. Objective category: ® Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ® Availability /Accessibility ❑ Affordability ❑ Sustainability Location/Target Area: Citywide Street Address: City, State, Zip code: Federal Way, WA 98003 Objective Number Project ID SL -1.1 2014 NRSA HUD Matrix Code CDBG Citation 05Q Public Service 570.201 Type of Recipient CDBG National Objective Local Government 570.208 Start Date Completion Date (mm /dd/yyyy) (mm/dd/yyyy) 12/31/2014 01/01/2014 Performance Indicator Annual Units Local ID Units Upon Completion n/a n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total m $ 22,000 $ 22,000 $ 22,000 The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV /AIDS ❑ Persons with Disabilities ❑ Public Housing Needs . Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: Federal Way Priority Need: Public Services Project Title: Federal Way Community Center Inclusion Program Description: CDBG funds will pay for approximately .30 FTE for a Recreation Coordinator to provide social activities /services for adults with developmental disabilities, including classes, life skills training, participatory events, trips and other activities conducted with community partners. Objective category: ® Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability /Accessibility ❑ Affordability ® Sustainability Location/Target Area Federal Way Community Center Street Address: 876 South 333rd Street City, State, Zip code: Federal Way, WA 98003 Objective Number Project ID SL -3.1 204 PS 2 HUD Matrix Code CDBG Citation 05B Public Services 570.201(e) Type of Recipient CDBG National Objective Non-profit Low/Mod Benefit 570.208(a)(2) Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 01/01/2014 12/31/2014 Performance Indicator Annual Units # persons receiving self- 85 sufficiency services Local ID Units Upon Completion n/a n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total - $ 24,465 __....._.. $24,465 $24,465 The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV /AIDS ® Persons with Disabilities ❑ Public Housing Needs Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: Federal Way Priority Need: Public Services Project Title: HealthPoint Federal Way Dental Service Access Description HealthPoint Dental provides comprehensive dental services to low - income residents of Federal Way. Objective category: ® Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ® Availability /Accessibility ❑ Affordability ❑ Sustainability Location/Target Area: HealthPoint Street Address: 955 Powell Avenue SW City, State, Zip code: Renton, WA 98057 Objective Number Project ID SL -1.1 2014 PS 3 HUD Matrix Code CDBG Citation 05M Public Services 570.201(e) Type of Recipient CDBG National Objective Non-profit Low/Mod Benefit 570.208(a)(2) Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 01/01/2014 12/31/2014 Performance Indicator Annual Units # of persons receiving safety 27 net assistance served Local ID Units Upon Completion n/a n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $15,000 $15,000 $15,000 The primary purpose of the project is to help: ® the Homeless ❑ Persons with HIV /AIDS ❑ Persons with Disabilities ❑ Public Housing Needs Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name Federal Way Priority Need: Public Services Project Title Institute for Family Development Parents & Children Together (PACT) Description PACT therapists provide in -home services to low- and moderate - income at -risk families including counseling, skill- building, and assistance to access the community support system and resources with the goal of improving family function and child well- being. Objective category: ® Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ® Availability /Accessibility ❑ Affordability ❑ Sustainability Location/Target Area: City -wide Street Address: City, State, Zipcode: Objective Number Project ID SL -1.1 2014 PS 4 HUD Matrix Code CDBG Citation 05 Public Services 570.201(e) Type of Recipient CDBG National Objective Non-profit Low /Mod Benefit 570.208(a)(2) Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 01/01/2014 12/31/2014 Performance Indicator Annual Units # persons receiving safety net 21 assistance served Local ID Units Upon Completion n/a n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $15,000 $15,000 The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV /AIDS ❑ Persons with Disabilities ❑ Public Housing Needs Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: Federal Way Priority Need: Public Services Project Title: Multi- Service Center YES - Education Description; Multi - Service Center Youth Education program provides employment/education services to younger residents of Federal Way. Objective category: ® Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ® Availability /Accessibility ❑ Affordability ❑ Sustainability Location /Target Area: Multi- Service Center Street Address: 1200 S 336th Street City, State, Zip code: Federal Way, WA 98003 Objective Number Project ID SL -1.1 2014 PS 5 HUD Matrix Code CDBG Citation 05 Public Services 570.201 e Type of Recipient CDBG National Objective Non-profit Low/Mod Benefit 570.208(a)(2) Start Date (mm /dd/yyyy) Completion Date (mm /dd/yyyy) 01/01/2014 12/31/2014 Performance Indicator Annual Units # persons receiving self- 18 sufficiency services Local ID Units Upon Completion n/a I n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $10,000 $10,000 $10,000 The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV /AIDS ❑ Persons with Disabilities ❑ Public Housing Needs Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: Federal Way Priority Need: Economic Development Project Title: Commercial Loan Program Description: City will use CDBG funds to provide loans to for - profit Federal Way small businesses for costs associated with startup and /or expansion. Objective category: ❑ Suitable Living Environment ❑ Decent Housing ® Economic Opportunity Outcome category: ® Availability /Accessibility ❑ Affordability ❑ Sustainability Location /Target Area: City wide Street Address: City, State, Zip code: Federal Way, WA 98003 Objective Number Project ID EO 1.1 2014 ED 1 HUD Matrix Code CDBG Citation 18 A ED 570.203 Type of Recipient CDBG National Objective For Profit LMJ 570.208 a Start Date (mm /dd/yyyy) Completion Date (mm /dd/yyyy) 01/01/2014 12/31/2014 Performance Indicator Annual Units Jobs created or retained for LM persons Local ID Units Upon Completion n/a n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $145,000 $145,000 $145,000 The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV /AIDS ❑ Persons with Disabilities ❑ Public Housing Needs Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: Federal Way Priority Need: Economic Development Project Title: Small Business Technical Assistance Program Description: The City will assist businesses to build the capacity /viability of businesses owned by low - moderate- income persons or serving low- moderate - income neighborhoods. Objective category: ❑ Suitable Living Environment ❑ Decent Housing ® Economic Opportunity Outcome category: ® Availability /Accessibility ❑ Affordability ❑ Sustainability Location/Target Area: Citywide Street Address: City, State, Zip code: Federal Way, WA 98003 Objective Number Project ID EO -1.2 2014 ED 2 HUD Matrix Code CDBG Citation 18 C 570.201(o) Type of Recipient CDBG National Objective For profit LMCMC Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 01/01/2014 12/31/2014 Performance Indicator Annual Units: LM -owned businesses 96 assisted/LM neighborhoods assisted Local ID Units Upon Completion I n/a n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $102,620 .$102,620 _ __......_..__. $102,620 The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV /AIDS ❑ Persons with Disabilities ❑ Public Housing Needs Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: Federal Way Priority Need: Owner Occupied Housing Project Title: Housing Repair Program Description: The City will continue its Housing Repair Program to provide assistance to low- and moderate - income homeowners to make needed repairs and improvements, resolve health and safety conditions and eliminate lead -based paint hazards in their homes. Objective category: ❑ Suitable Living Environment ® Decent Housing ❑ Economic Opportunity Outcome category: ® Availability /Accessibility ❑ Affordability ❑ Sustainability Location/Target Area: Citywide Street Address: City, State, Zip code: Federal Way, WA 98003 Objective Number Project ID DH L I 2014 Housing HUD Matrix Code CDBG Citation 14 A 570.202 S -F Rehabilitation Type of Recipient CDBG National Objective Local Government LMH 570.208 a Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 01/01/2014 12/31/2014 Performance Indicator Annual Units Households assisted to 25 SF homes maintain housing (repaired) Local ID Units Upon Completion n/a n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ............._ ... ...._......_..__�......_ ..... . $ 50,000 $ 50,000 $200,000~- $250,000 The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV /AIDS ❑ Persons with Disabilities ❑ Public Housing Needs Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name Federal Way Priority Need: Economic Development Project Title: Commercial Exterior Improvement Program Description: The City provides CDBG funds in the form of a match to a for - profit business investment which provides commercial faVade (only) improvements. The focus of the project is primarily on sustaining specific business in the City which relieves slum and blight. Objective category: ❑ Suitable Living Environment ❑ Decent Housing ® Economic Opportunity Outcome category: ® Availability /Accessibility ❑ Affordability ❑ Sustainability Location/Target Area: Citywide Street Address: City, State, Zip code: Federal Way, WA 98003 Objective Number Project ID 2014 ED 3 EO -1.1 HUD Matrix Code CDBG Citation 14 E 24 CFR 570.202 a Type of Recipient CDBG National Objective For profit LMJ 570.208 a Start Date (mm/dd/yyyy) Completion Date (mm/dd /yyyy) 01/01/2014 12/31/2014 Performance Indicator: Annual units: Number of jobs created 3 Local ID Units Upon Completion n/a n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $ 105,000 $ 105,000 $ 105,000 The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV /AIDS ❑ Persons with Disabilities ❑ Public Housing Needs Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name Federal Way Priority Need: Fair Housing Project Title: 2014 Fair Housing - Education Description: Provide Fair Housing educational opportunities to Federal Way housing providers. Objective category: ® Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ® Availability /Accessibility ❑ Affordability ❑ Sustainability Location/Target Area: Citywide - Community Services Division Street Address: 33325 Stn Ave. S City, State, Zip code: Federal Way, WA 98003 Objective Number Project ID SL -1.1 2014 Fair Housing HUD Matrix Code CDBG Citation 21D 570.206 Type of Recipient CDBG National Objective Housing Provider Start Date Completion Date (mm/dd/yyyy) (mm/dd/yyyy) 12/31/2014 01/01/2014 Performance Indicator Annual Units # persons receiving education n/a Local ID Units Upon Completion n/a n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $ 2,500 .._ ...... ..__ .... _ ...... _ .... _ ............. __........... $ 2,500 The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV /AIDS ❑ Persons with Disabilities ❑ Public Housing Needs Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: Federal Way Priority Need: Affordable Housing — Special Populations Project Title: Parkview Services SFR Housing Acquisition Description: Parkview Services a regional nonprofit enity will secure a single family home in the Federal Way city limits for the purposes of providing safe, affordable housing for three developmentally delayed individuals. Objective category: ❑ Suitable Living Environment ® Decent Housing ❑ Economic Opportunity Outcome category: ® Availability /Accessibility ® Affordability ❑ Sustainability Location /Target Area: To Be Determined Street Address: City, State, Zip code: Federal Way, WA 98003 Objective Number Project ID DH 1 -1,2 N/A HUD Matrix Code CDBG Citation 01 570.201 a Type of Recipient CDBG National Objective Nonprofit Limited Clientele Start Date (mm /dd/yyyy) Completion Date (12/31/2014 01/01/2014 Performance Indicator Annual Units Persons housed 3 Local ID Units Upon Completion n/a I n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $ 30,000 $ 30,000 The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV /AIDS 0 Persons with Disabilities ❑ Public Housing Needs Attachment B TABLE 3A SUMMARY OF SPECIFIC ANNUAL OBJECTIVES U.S. Department of Housing Urban Development Table 3A Summary of Specific Annual Objectives C.rnntee Name: City of Federal Wav OMB Approval No. 2506 -0117 and (Exp. 8/31/2014) Decent Housing with Purpose of New or Im roved Availabili /Accessibili II Specific Objective Source of Year Performance Expected Actual I Percent Funds Indicators Number Number Completed DH Support homeownership CDBG 2012 Households 9 9 100% 1.1 by assisting owners to 2013 assisted to 18 40 100% maintain their homes 2014 maintain housing 18 % 2015 repaired) 18 % 2016 18 % MULTI -YEAR GOAL 81 Decent Housing with Pur pose of New or Improved Affordabilit (DH -2) DH Support homeownership NSP 3 2012 Households assisted to 2 2 100% 2.1 by assisting new 2013 become homeowners 8 8 100% omebuyers or existing 2014 or remain 4 % homeowners to retain 2015 homeowners 0 % homeownership 2016 0 MULTI -YEAR GOAL 14 % Suitable Living Environment with Pur pose of New or Improved Availabilit /Accessibilit (SL -1 SL Provide a safety net of CDBG 2012 Persons receiving 354 387 % 1.1 services to stabilize 2013 safety net 72 -354* 96 % households who are in 2014 services 72 -354 % crisis or at risk 2015 72 -354 % 2016 72 -354 MULTI -YEAR GOAL 642 -1,770 % Suitable Living Environment with Purpose of New or Improved Affordabili SL -1) SL Improve accessibility and CDBG 2012 Capital or facility 0 0 % 1.2 use of existing and new 2013 improvements 1 0 % city facilities /construct 2014 serving LM 1 % public improvements to 2015 neighborhoods 1 % support community 2016 1 % evitalization strategies MULTI -YEAR GOAL 4 % Suitable Living Environment with Purpose of New or Improved Sustainability (SL -3) SL Provide services to CDBG 2012 Persons receiving 166 128 % 3.1 households to help them 2013 self - sufficiency 24 -166* 110 % on the path toward self 2014 services 24 -166 % sufficiency 2015 2016 24 -166 24 -166 % MULTI -YEAR GOAL 262 -830 % Grantee Name: City of Federal Way Economic Opportunity with Purpose of New or Im roved Availabilit /Accessibilit (EO -1) Specific Objective Source of Year Performance Expected Actual Percent SL -1 Funds SL- 3 Indicators Number Number Completed EO Encourage the creation CDBG 2012 Jobs created or 10 0 0 1.1 and growth of businesses 2013 retained for LM 9 1 1 2014 persons 20 % 2015 20 % 2016 20 % 0 MULTI -YEAR GOAL 90 % Economic Opportunity with Purpose of New or Im roved Availability Accessibility (EO -1) EO Encourage the creation CDBG 2012 LM -owned 96 96 100% 1.2 and growth of businesses 2013 businesses 96 96 100% 2014 assisted/LM 96 % 2015 neighborhoods 96 % 2016 assisted 96 % MULTI -YEAR GOAL 480 % *The City has estimated first year outcomes based on prior year experience with the 3 individual public services programs making up the outcomes for these objectives. Because each of the SL1.1 and SL3.1 objectives includes a single project with estimated outcomes that are much higher than the other 2 project outcomes (the persons receiving assistance in the larger projects are 354 persons and 150 respectively), the second through fourth year outcomes include a calculation based on the average of the two smaller projects (for example, the average outcomes for the 2 smaller projects of the SL1.1 objective is 24 X 3 projects = 72 persons receiving assistance) ranging to a maximum representing the outcomes of the first year (354). HUD Outcome /Objective Codes Availability /Accessibility Affordability Sustainability Decent Housing DH -1 DH -2 DH -3 Suitable Living Environment SL -1 SL -2 SL- 3 Economic Opportunity EO -1 EO -2 EO -3 ATTACHMENT C MAPS OF CITY I Percent Minority Population S 268th St 6 384th St db 6ri 320th St SW 320th St 0 JAN S 324th St as t 33611) It S 348th St SW 3"e, t General Legend: Percem Nnority Lmh 35% and Less Federal Way -` nha Ann4,diun Atea 35% to 506 This n),3P 1z aC'001�)�,t-j L�, W, .,3rr t, , Over 50% N and is 9nnp�y' aglarrjh'�2,, -gvr`Sgnht, Areas with greater than 45% of residents classified Low or Moderate Income IR S. 30&04 4 S 288, 5! 309 2 $ 3041h $t sw 3,2t 3 05 01 3 Vie° Isar 303.05 'ia�302,02 300.02 $W 320th St 9,01 SW 320 aw 320th at I FE, t-ol \303.066 T11, 47 �6' 2 3 a 3?Aidhgt [577% 303,11 't f40 2 299.02 303M 303.03 -4 re Pkwy I 61t ---- sw can"4 4 i532% 333MhSt *0, 303.09 2 \ _�303.12 303.10 a 30th at -k- 2 U 4 W SIN 356th at 5 304.01 303.04 aJ' 3 304.04 ll� g A# 3 .0 04.0 General Legend: Source 2000 Census, 2011 HUD F-71 Federal Way City Limits % Low/Moderate Income Residents � 0 0,5 1 Potential Annexation Area 45-50% N ETT16iiii Miles Census Tracts 51-58% Federal Way Census Block Groups 59-68% This map is accompanied by no warranties, Surface Water 69-81% and is simply a graphic representation CPMP Non -State Grantee �GIIIII�� Certifications 4 ;t9 4N oeWva Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the Field Office. ❑ This certification does not apply. ® This certification is applicable. NON -STATE GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti - displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug -free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti- Lobbying -- To the best of the jurisdiction's knowledge and belief: 8. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing 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 the awarding of any Federal contract, the 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 modification of any Federal contract, grant, loan, or cooperative agreement; 9. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing 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 Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 10. It will require that the language of paragraph 1 and 2 of this anti - lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. 1 71 Signature /Authorized Official Date Skip Priest Name Mayor Title 33325 8th Avenue S Address Federal Way, WA 98003 City /State /Zip 253 - 835 -2401 Telephone Number This certification does not apply. ® This certification is applicable. Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long -term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low- and moderate - income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 11. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low- and moderate - income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 12. Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2013, 2014, 2015, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low- and moderate - income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 13. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low- and moderate - income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate - income (not low- income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 14. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and 15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within its jurisdiction; Compliance With Anti - discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601 - 3619), and implementing regulations. Lead -Based Paint -- Its activities concerning lead -based paint will comply with the requirements of part 35, subparts A, B, 3, K and R, of title 24; Compliance with Laws -- It will comply with applicable laws. Signature /Authorized Official Skip Priest Name Mayor Title 333258 t Avenue S Address Federal Way, WA 98003 City /State /Zip 253 - 835 -2401 Telephone Number Date OPTIONAL CERTIFICATION Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG- assisted activities, which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature /Authorized Official Skip Priest Name Mayor Title 33325 8t Avenue S Address Federal Way, WA 98003 City /State /Zip 253 - 835 -2401 Telephone Number Date I 0 This certification is applicable. Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant -based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature /Authorized Official Skip Priest Name Mayor Title 33325 8t Avenue S Address Federal Way, WA 98003 City /State /Zip 253 - 835 -2401 Telephone Number Date This certification does not HOPWA Certifications The HOPWA grantee certifies that: Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the plan: 1. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2. For at least 3 years in the case of assistance involving non - substantial rehabilitation or repair of a building or structure. Signature /Authorized Official Date Skip Priest Name Mayor Title 33325 8t Avenue S Address Federal Way, WA 98003 City /State /Zip 253 - 835 -2401 Telephone Number 0 Y1 +{ � d 3 �irs � b}, ^ti ROd � - ',� P,:"'"'P? R �4 V R �� i' �.. f „N J *. 7u !.�`�} { S #.� # S .}� ✓k r,✓ s .w a 9j This certification is applicable. ESG Certifications , Chief Executive Officer of Error! Not a valid link., certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 24 CFR 576.51. 1 have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local government will comply with: 1. The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grants are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services. 2. The building standards requirement of 24 CFR 576.55. 3. The requirements of 24 CFR 576.56, concerning assurances on services and other assistance to the homeless. 4. The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable federal laws concerning nondiscrimination and equal opportunity. 5. The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 6. The requirement of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 7. The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988. 8. The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted with ESG funds and that the address or location of any family violence shelter project will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. 9. The requirement that recipients involve themselves, to the maximum extent practicable and where appropriate, homeless individuals and families in policymaking, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 76.56. 10. The requirements of 24 CFR 576.57(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related authorities as specified in 24 CFR Part 58. 11. The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (C) there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source. 12. The new requirement of the McKinney -Vento Act (42 USC 11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of state and local resources. 13. HUD's standards for participation in a local Homeless Management Information System (HMIS) and the collection and reporting of client -level information. I further certify that the submission of a completed and approved Consolidated Plan with its certifications, which act as the application for an Emergency Shelter Grant, is authorized under state and /or local law, and that the local government possesses legal authority to carry out grant activities in accordance with the applicable laws and regulations of the U. S. Department of Housing and Urban Development. Signature /Authorized Official Skip Priest Name Mayor Title 333258 t Avenue S Address Federal Way, WA 98003 City /State /Zip 253- 835 -2401 Telephone Number Date ❑ This certification does not apply. ® This certification is applicable. APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug -Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug -Free Workplace Certification 1. By signing and /or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug -free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug -free workplace is required by 24 CFR part 21. Place Name Street City County State Zip City of Federal Way 333258 1 Ave. S Federal Way King County WA 98003 Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non - Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti - displacement and Relocation Plan Signature /Authorized Official Skip Priest Name Mayor Title 33325 8t Avenue S Address Federal Way, WA 98003 City /State /Zip 253 - 835 -2401 Telephone Number Date This Page Left Blank Intentionally COUNCIL MEETING DATE: October 15, 2013 ITEM #:�_ ....................... ..........................................._................._.........._................................................._..................... ................._............. _...................................................._ ...................... ..............._ ................................ ........... ................................. ..._........_....._....... --- _...-------- ............ --- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ADD THE SITING OF GROUP HOMES TYPE III (REGISTERED SEX OFFENDER HOUSING) TO THE PLANNING COMMISSION'S WORK PROGRAM AS A HIGH PRIORITY ITEM DUE TO THE MORATORIUM POLICY QUESTION: Should the City Council add the siting of Group Homes Type III to the Planning Commission's Work Program as a High Priority item due to the moratorium? COMMITTEE: Land Use /Transportation Committee (LUTC) MEETING DATE: October 7, 2013 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Isaac Conlen, Planning Manager DEPT: CED Attachment: Exhibit A -- 2013 Planning Commission Work Program, amended. Background: On September 3, 2013, the City Council enacted a six -month moratorium on the siting of Group Homes Type III, which are intended to provide housing for individuals with violent and sexually violent criminal backgrounds. The moratorium expires March 3, 2014. The moratorium maintains the status quo while staff works, via the Planning Commission, to hold public hearings, propose revisions to the code to address community impact statement and other provisions in the new state law, and address any ambiguity in the code itself. Options Considered: 1. Add the siting of Group Homes Type III (registered sex offender housing) to the Planning Commission's Work Program as a high priority item in an effort to complete the work before the moratorium expires. Move the SEPA Exemption Level item currently in the high priority category to the medium priority category. 2. Do not add the siting of Group Home Tyre III (registered sex offender h ousing to the Planning Commission's Work Plan. MAYOR'S RECOMMENDATION: Option 1— Amend the 2013 Planning Commission Work Program to add a work item addressing the Siting of Group Homes Type III as a high priority item and relocate the SEPA Exemption Level item, currently in the high priority category, to the medium priority category. n MAYOR APPROVAL: � DIRECTOR APPROVAL: ommitt Coun il ,n ttee COMMITTEE RECOMMENDATION: I move to forward to the full Council, a recommendation to amend the 2013 Planning Commission Work Program to add a work item addressing the Siting of Group Homes Type 111 as a high priority item and relocate the SEPA Exemption Level item, currently in the high priority category, to the medium priority category. ... u► 1 PROPOSED COUNCIL MOTION: "I move approval of Option 1. REVISED - 08/12/2010 RESOLUTION # (BELOW TO BE COMPLETED BYCITYCLERRS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED Is' reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # PROPOSED REVISION 2013 Planning Commission Work Program 1. Mandatory — Anticipated to be completed in 2013 Complete the annual comprehensive plan update. 2. Not Mandatory —Organized by High, Medium, and Low Priority High Priority • Revise zoning regulations for the siting of Group Homes Type I11. • Amend the community design guidelines to allow for greater administrative flexibility. • Adopt zoning regulations to implement urban agriculture goals and policies.' • Amend regulations to increase exempt levels for a threshold determination under the State Environmental Policy Act (SEPA) Z • Amend process for updating the comprehensive plan. • Amend the non - conforming provisions. Medium Priority • Amend regulations to provide a more streamlined process for binding site plans. • Amend regulations pertaining to types of improvements or structures allowed in required yards. • Amend regulations to broaden uses and standardize bulk and dimensional requirements by zone, and to provide more appropriate setbacks and landscape buffers for commercial uses. • Adopt zoning regulations for the Twin Lakes Commercial Sub -Area. • Amend regulations to increase the maximum allowable building height in the City- Center Core (CC -C) zoning district. • Amend regulations to make review of variances an administrative process. • Noticing Provisions Low Priority • Amend regulations to allow oversize vehicles in approved enclosures in residential zones. • Amend regulations to allow senior housing/assisted living in the Professional Office (PO) zone.3 • Adopt an ordinance addressing historic preservation. • Amend the code to address housekeeping items. This is already in process. 2 State law has recently changed to increase categorical exemptions for certain minor construction projects. 3 This is already part of the on -going work program and will be started once the applicant is ready to move forward. KA2013 Planning Commission Work Program \City Council \Proposed Revision Planning Commission Work Program.doc COUNCIL MEETING DATE: October 15.2013 ITEM #: ....... ................_..........................................................................._........_................_..._............_........._........ ......... _..._............................._...............--........................................_............_.._............... ..... ..........._...................... ........ _...._......._...._..........._.._ ............. _._........................_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC HEARING ON GROUP HOME TYPE III MORATORIUM POLICY QUESTION: N/A COMMITTEE: N/A MEETING DATE: CATEGORY: El Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Peter Beckwith Assistant City Attorney _ _ DEPT: LAW -- — - - - -- - - -...- - -- -- — - -- .. ..._._._._....._........._.. Attachments: Ordinance adopting six month moratorium on Group Homes Type III Background: On September 3, 2013, Council adopted a six month moratorium on Group Homes Type III, which is group housing for violent criminals and sex offenders. The required public hearing on the moratorium was set for the October 15, 2013, regularly scheduled City Council Meeting. This public hearing is an opportunity for the public to comment on the moratorium. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: DIRECTOR APPROVAL: �ot 'Committee Council Initial COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # 0 DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 08/12/2010 RESOLUTION # and ORDINANCE NO. 13-747 AN ORDINANCE of the City of Federal Way, Washington, imposing a six month moratorium on Group Homes Type III and other activities involved in the City's review and permitting of sex offender housing and setting a date for a public hearing. WHERERAS, the City regulates sex offender group housing as a Group Home Type III; WHEREAS, the Department of Corrections ( "DOC') provides housing vouchers to sex offenders; and WHERERAS, the legislature passed ESB 5015, effective July 28, 2013, that requires the Department of Corrections to maintain a list of housing providers that may accept DOC housing vouchers if more than two voucher recipients reside in a dwelling unit; and WHEREAS, ESB 5015 allows the City to provide DOC with a community impact statement that includes the number of other special needs housing in the neighborhood and a review of services and supports in the area to assist sex offenders; and WHEREAS, the community impact statement is used by DOC in determining where housing providers may be located; and WHEREAS, ESB 5015 also allows the City to inspect and issue a certificate of inspection to housing providers, and if the housing does not pass inspection, request that the housing provider be removed from DOC's list of approved housing providers; and WHEREAS, the City needs time to develop a community impact statement; and WHEREAS, the City also needs time to updated its Group Home Type III zoning regulations; and Ordinance No. 13-747 Page I of 4 WHEREAS, the City desires to maintain the status quo until the community impact statement is developed and the Group Home Type III zoning regulations are adopted; and WHEREAS, businesses that are providing group housing to sex offenders are subject to the City's business regulations; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt a moratorium; and WHEREAS, the adoption of this moratorium is exempt from the requirements of a threshold determination under the State Environmental Policy Act; and WHEREAS, the desire to maintain the status quo and the potential adverse impacts on the public health, property, safety and welfare of the City and its citizens if this Ordinance does not take effect immediately, justify the declaration of an emergency and the designation of this ordinance as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section.l. Findings. The City Council of the City of Federal Way makes the following findings of fact: (a) The forgoing whereas provisions are adopted as findings of fact. (b) A moratorium is necessary to provide the City with sufficient time to respond to ESB 5015. (c) A moratorium is necessary to preserve the status quo until the City adopts appropriate zoning, health safety, and/ or licensing regulations. Ordinance No. 13 -747 Page 2 of 4 Section 2. Moratorium Established. No housing provider on the Department of Corrections housing provider list shall be allowed to operate in the City. No Group Home Type Ill use shall be approved. The Clerk shall not accept applications or issue licenses to new businesses desiring to establish sex offender group homes. Section 4. Duration of Moratorium. This moratorium shall be in effect for six months from the effective date of this ordinance. Section S. Public Hearin. A public hearing for this moratorium will be held on October 15, 2013, at the regularly scheduled City Council Meeting. Section 6. SeverabiIity. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not. affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 8. Effective Date. By unanimous consent, the Council finds that this moratorium is for a public emergency and needed for the immediate support of City governments and is not subject to initiative or referendum pursuant to FWRC 1.30. This ordinance shall take effect and be in fiill force upon adoption. Ordinance No. 13 -747 Page 3 of 4 PASSED by the City Council of the City of Federal Way this 3rd day of September, 2013. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: no rim& ",It 0� -Jim APPROVED AS TO FORM: PP 0, CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 9 -3 -2013 PASSED BY THE CITY COUNCIL: 9 -3 -2013 PUBLISHED: 9- 6-2013 EFFECTIVE DATE: 9 -3 -2013 ORDINANCE NO.: 13 -747 Ordinance No. 13 -747 Page 4 of 4 COUNCIL MEETING DATE: October 15, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2013/14 MID - BIENNIUM BUDGET ADJUSTMENT, PUBLIC HEARING POLICY QUESTION: N/A COMMITTEE: N/A ITEM #: MEETING DATE: N/A CATEGORY: Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Bob Noland, Interim Finance Director DEPT: Finance ATTACHMENTS: Budget Calendar SUMMARY/BACKGROUND: As required by state law, cities adopting biennial budgets must review and make necessary adjustments to their adopted budget before the end of the first year of the biennium. Staff will present to Council the recommended adjustments and Council will commence the budget deliberation process. The budget adjustment documents have been provided to Council at the dais. Comments from the public will be accepted at this meeting. The calendar for budget deliberation has been published and is attached herein. Options Considered: N/A MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: a DIRECTOR APPROVAL: i a — Committee C it ti COMMITTEE RECOMMENDATION: N/A Y PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL 2013/2014 MID- BIENNIUM BUDGET ADJUSTMENT MEETINGS The following is the meeting schedule to consider the City of Federal Way's 2013/14 Mid- Biennium Budget Adjustment: OCTOBER 15, 2013 - REGULAR MEETING - 7:00 PM • PUBLIC HEARING (required by RCW 35A.34) 2013/14 Biennial Budget/Property Tax Rate OCTOBER 29 & 30, 2013 -SPECIAL MEETINGS - 6:00 PM (October 30'h only if needed) • Public Hearing Continued • Council Study Session on the 2013/14 Mid - Biennium Budget Adjustment NOVEMBER 19, 2013 - REGULAR MEETING - 7:00 PM • PUBLIC HEARING CONTINUED — 2013/14 Biennial Budget/Property Tax Rate Introduction Ordinance — 2013/14 Mid - Biennium Budget Adjustment • Introduction Ordinance — 2014 Property Tax Rate • Resolution/Fee Schedule 2014 Amendment DECEMBER 3, 2013 - REGULAR MEETING - 7:00 PM • Enactment Ordinance — 2013/2014 Mid - Biennium Budget Adjustment • Enactment Ordinance — 2014 Property Tax Rate All meetings will be held at City Hall, 33325 — 8h Avenue South, Federal Way, Washington. CITIZEN COMMENTS WILL BE ACCEPTED AT ALL BUDGET MEETINGS. SUBJECT: Resolution creating an Advisory Committee for Steel Lake LMD Number 1. POLICY QUESTION: Should the Council adopt a resolution creating an Advisory Committee for Steel Lake LMD Number I? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 7, 2013 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: William Appleton, P. E., Surface Water Manager, DEPT: Public Works Attachments: 1. Land Use and Transportation Committee Memorandum dated October 7, 2013 2. Draft Resolution Options Considered: 1. Adoption of a Resolution creating an Advisory Committee for Steel Lake LMD Number 1. 2. Do not adopt a Resolution creating an Advisory Committee for Steel Lake LMD Number 1, and provide staff direction. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the October 15, 2013 Council Business Agenda for approval. MAYOR APPROVAL: j ?w DIRECTOR APPROVAL: mu ort ee f Council Initial COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the October 15, 2013 City Council Business Agenda for approval. 'fir =TA.�l MR R PROPOSED COUNCIL MOTION: "I move to adopt the Resolution creating an Advisory Committee for Steel Lake LMD Number 1. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 7, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management FROM: William Appleton, P.E., Surface Water Manager Daniel Smith, Water Quality Program Coordinator SUBJECT: Resolution Creating an Advisory Committee for Steel Lake LMD Number 1 BACKGROUND: On July 2, 2013, City Council adopted Ordinance No. 13 -744 reforming Steel Lake Management District (LMD) Number 1. Pursuant to RCW 36.61.120 and RCW 36.61.140, all notice and hearing requirements for establishing the roll of rates and charges for the LMD have been satisfied. A Steel Lake Advisory Committee (SLAG) must now be established, which will represent the property owners of the district. The Resolution creating an Advisory Committee for Steel Lake LMD Number 1, will be established to: (1) discuss with the City each spring the proposed annual work program consistent with Ordinance Number 09 -622 and the Steel Lake Integrated Aquatic Vegetation Management Plan (or its successors); (2) provide input and suggestions to the City regarding the implementation of the district's annual work program; (3) work with the City in the preparation of any educational materials related to Steel Lake and the LMD; (4) provide input to the City each winter on the preparation of an annual report to the City of Federal Way City Council regarding progress on the LMD work program and the health of the lake; and (5) support an annual public meeting to brief LMD members on the contents of the annual report and related LMD activities. RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RENEWING LAKE MANAGEMENT DISTRICT NUMBER 1 ADVISORY COMMITTEE FOR STEEL LAKE AND ESTABLISHING THE DUTIES THEREOF. WHEREAS, Lake Management District Number 1 for Steel Lake was created for the purpose of generating revenue to provide ongoing aquatic vegetation management, community education, and other related projects pursuant to RCW 36.61; and WHEREAS, Resolution Number 13 -630 states that, attendant to the renewal of the Lake Management District is the reestablishment of the Advisory Committee; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RESOLVES AS FOLLOWS: Section 1. Creation and Purpose. There is renewed the Steel Lake Management District Advisory Committee to represent the property owners of Lake Management District (LMD) Number 1 and advise the City Council. The purpose of the Advisory Committee is to represent the property owners of the LMD to the City Council and (1) each spring, discuss with the City the proposed annual work program consistent with Ordinance Number 13 -744 and the 2014 -2023 Steel Lake Management District Plan (or its successors); (2) provide input and suggestions to the City regarding the implementation of the district's annual work program; (3) work with the City in the preparation of any educational materials related to Steel Lake and the LMD; (4) each winter, review and provide input to the City on the preparation of an annual report to the City of Federal Way City Council regarding progress on the LMD work program and the health of the lake; and (5) support an annual Resolution No. 13- Page 1 of 5 public meeting to brief LMD members on the contents of the annual report and related LMD activities. Section 2. Membership. A. Qualifications. Members of the Advisory Committee shall be selected from individuals who own property or represent government bodies that own property within the LMD. Intent of the selection process shall be to proportionally represent the various property types identified in the district assessment role. B. Number of Members and Terms. 1. Members. The Advisory Committee will be made up of seven members: four representing single family and vacant properties; one representing the Washington Department of Fish and Wildlife (public boat launch); one representing multifamily properties; and one representing the City of Federal Way (Park). 2. Term. Each private property owner shall be appointed for a term of two (2) years. C. Appointment. Members of the Advisory Committee shall be appointed by the City of Federal Way City Council following an open recruitment process approved by the City Council. Appointments shall be confirmed by a majority vote of the City Council. Committee members shall be selected without respect to political affiliations and shall serve without compensation. Resolution No. 13- Page 2 of 5 D. Removal. Members of the Committee may be removed by the Mayor, with the concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absences for more than three (3) consecutive regular meetings. The decision of the City Council regarding membership on the Committee shall be final and there shall be no appeal. Members finding they are unable to attend regular meetings are expected to tender their resignation. E. Vacancies. Vacancies occurring other than through the expiration of terms shall be filled for the un- expired term in the same manner as for appointments as provided in this ordinance. F. Conflicts of Interest. Members of the Committee shall fully comply with RCW 42.23, Code of Ethics for Municipal Officers; RCW 42.36, Appearance of Fairness; Federal Way Code of Ethics; and such rules and regulations as may be adopted by the City Council regulating the conduct of any person holding appointive office within the City. Section 3. Meeting Rules. A. Officers and Quorum. The Committee shall organize and elect from its members a Chair, who shall preside at all meetings of the Committee, and a Vice - Chair. A majority of the Committee members shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. Resolution No. 13- Page 3 of 5 B. Meeting Schedule. The Committee shall determine a regular meeting schedule (time, place and frequency), as necessary, approximately once every three (3) months. All meetings shall be open to the public. C. Procedures. The Committee shall adopt such rules and procedures as are necessary for the conduct of its business and shall keep summary notes of its proceedings. The written notes shall be a public record. Section 4. Staff Support. Administrative staff support to the Advisory Committee shall be provided by the City of Federal Way Public Works Director or his/her designee. Section 5. Sunset. The Advisory Committee shall terminate at the same time as the Lake Management District authorization expires. Section 6. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 7. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener /clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Resolution No. 13- Page 4 of 5 Section 9. 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 , 2013. 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. 13- Page 5 of 5 COUNCIL MEETING DATE: ITEM # _._. _._ .................................................................._.........._...................................... ......................QC'1-D._b _ Ir5.1.._.. .._._...._.........._._......._......_.__._.............__.._........._............................._.._..._...._._..._._..- .............. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Citizen request to allow miniature goats in residential areas. POLICY QUESTION: Whether to proceed with a request to amend the Planning Commission Work Plan to add a zoning code amendment to allow miniature goats in residential areas? COMMITTEE: Land Use /Transportation Committee (LUTC) MEETING DATE: October 7, 2013 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Isaac Conlen, Planning Manager DEPT: Community & Economic Development Attachments: Exhibit A Excerpt of Council Minutes from September 3, 2013 Council Meeting regarding pygmy goats. Exhibit B — Miniature Goats Research Memo. Exhibit C — 2013 Planning Commission Work Program. Background: On August 6, 2013, Ava Anissipour made comments to City Council during a Council meeting requesting the City amend the zoning code to allow miniature goats on smaller residential lots within City limits. At the September 3, 2013, regular Council meeting, the Mayor reported that Staff would research the issue and report back to LUTC at its October 7, 2013, meeting. Options Considered: 1) Do not proceed with a request to amend the Planning Commission Work Plan to add a zoning code amendment to allow miniature goats in residential areas; 2) Forward the request to the October 15, 2013 City Council meeting; or 3) provide direction to Staff. MAYOR'S RECOMMENDATION: Mayor recommends Option 1) — Do not proceed with a request to amend the Planning Commission Work Plan to add a zoning code amendment to allow miniature goats in residential areas. MAYOR APPROVAL: �Z2, DIRECTOR APPROVAL: Co ee Cou it COMMITTEE RECOMMENDATION: I move to adopt Option.J! a. �-�- Bob Celski, Chair Jeanne Burbidge, Me er Diana Nobl (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- osnvzoio RESOLUTION # Simple assault is down 4% and vehicle theft is up 1 %. In the six -month comparison overall crime did not increase, aggravated assault is down 13 %, residential burglary is down 32 %, commercial burglary is up 31 %, robbery is down 7 %, larceny /theft is up 10% and vehicle theft and simple assault remained the same. 2. School Zone Safety and Laws City Traffic Engineer Rick Perez stated on May 21, 2012 the Council approved a proposal for school zone safety enhancements to enhance the visibility and clarity of signs in school zones, Sign sizes will be increased (from 8 sf to 18 sf), advance school speed warning signs and variable speed limit signs will also be installed. The school zones identified for improvements in 2013 are Saghalie Middle School; Spring Valley Montessori; Twin Lakes Elementary, Brooklake; Panther Lake Elementary and Sacajawea Middle School. Some retrofits that have occurred include upgrading pedestrian crossing from regular flashing beacons on multi -lane crossings serving Saghalie Middle School on 21stAve. SW and SW Campus Drive, and the installation of school zone flashers at Sacajawea Middle School. As of today, all of the signs have been installed, the rectangle rapid flashing beacons have been installed for Saghalie, the school zone flashers have been installed for Sacajawea and the only thing left is installation of the variable readout speed limit signs which is scheduled to occur in mid- September. Mr. Perez provided the following information in response to a recent media article regarding school zone laws and the 21'4 Ave. SW photo enforced zone. This zone was installed pursuant to RCW 46.64.440(1) (not RCW 46.61.440(2) which was quoted in the media). The City works in conjunction with the School District when installing school zones. Mr. Perez stated the school zones on 21s` Ave SW are in compliance with all applicable RCW's as well as the Federal Manual on Uniform traffic Control Devices. With tomorrow being the first day of school for students Mr. Perez reviewed the measures in place to ensure safety in coordination with the street - projects and current conditions. 3. Certificate of Municipal Leadership Mayor Priest announced Councilmember Honda had recently received her Certificate of Municipal Leadership from the Association of Washington Cities. This program is designed to enhance the ability of elected municipal officials by providing knowledge and skills to effectively operate within the law, secure and manage funds and foster community and staff relationships. Councilmember Honda completed over 30 hours of training to complete the program and earn this accomplishment. 4. September 5. 2013 City Council Special Meeting The Council will be conducting a Special Meeting on September 5, 2013 at 6:00 p.m. in Council Chambers to receive a presentation from Lorax, the contractor for the Civic Center/Performing Arts Conference Center. The presentation will cover the schematic design of the project. Citizens are encouraged to attend and provide public input on the project. 5. Zoning — Pygmy Goats Mayor Priest provided a summary of a request that was received at the last City Council meeting from Ava Anissipour asking the City look at amending its current zoning regulations to allow pygmy goats as pets in residential areas. The City's Animal Services division responded to a complaint about two goats at the Annispour home. Under current zoning regulations, goats are not allowed in residential neighborhoods. City Council Minutes — September 3, 2013 Regular Meeting Page 3 of 10 Community and Economic Development staff has begun looking into this request and will provide a report to the Land Use, Transportation Council Committee on October 7. If Committee and Council move forward with this request, it will be placed on the Planning Commission's Work Plan. 6. August 6h National Night Out Reception Mayor Priest reported the City Council held a reception at 6:00 p.m. to thank those who participated in the City's National Night Out event on August 6, 2013- 4. CITIZEN COMMENT Steven Metzenberg thanked the Council and City for the code enforcement actions that occurred at a local registered sex offender housing establishment. Mike Nugent is a homeowner as well as president of the Belmor Park Mobile Park submitted a letter into the record on behalf of the Belmor Park HOA Leah Boehm Brady spoke in opposition of developing an apartment complex at the former School District Bus Barn location. Mike Cravmer spoke in support of allowing pygmy goats in residential anus. ishbel Dickens spoke on behalf of representatives of Crestwood, Starwood, Parkwood Lane and Camelot Mobile Home Parks. She supports mobile home park zoning within the city and encouraged the Council to move forward with the original recommendation to the Planning Commission. Amir Anissipour asked the City to take a look at the purpose of the City Code. Mr. Anissipour was concerned an animal control officer video - tapedhis daughter with the goat without parental permission. Ava Anissipour invited members of the Council as well as city staff to visit her home to see what life with pygmy goats is like. Nicole Boises is a pygmy goat breeder and spoke in support or zoning that allows pygmy goats in residential areas. Taylor Nester spoke in support of changing the law to allow pygmy goats in residential areas Mary Ann Sharp lives in the Lakota Beach neighborhood, she would tike to see speed bumps installed in her neighborhood to address speeding vehicles, and a sign stating `no beach access." Betty Taylor, a Waterbury Apartment complex resident would like to see a Block Watch program established at her complex. Norma Blanchard read a letter she received from City Attorney Richardson into the record. She feels the City and Mayor have turned the recent investigation into a political issue. Nancy Combs has lived in Federal Way for many years, she feels the paving the City performed in her neighborhood has ruined her neighborhood and the city. Neal Cook a resident of Belmor Park, does not support down- zoning of mobile home parks. City Council Minutes — September 3, 2013 Regular Meeting Page 4 of IO CITY OF .d . ral Way MEMORANDUM DATE: September 30, 2013 TO: Land Use /Transportation Committee VIA: Skip Priest, Mayor FROM: Planning Manager Isaac Conlen� SUBJECT: Miniature Goat Research BACKGROUND A Federal Way citizen has requested the city allow the keeping of miniature goats on residential lots. The purpose of this memo is to help inform the city's decision in.responding to this.request. The memo addresses the following topical areas: examples of local miniature goat ordinances; animal space requirements; health issues; noise and odor; and city resource allocation. EXAMPLES OF LOCAL ORDINANCES We researched I 1 nearby cities (see table below). All of those cities allow goats on larger lots, including Federal Way. Minimum lot size for most of these cities is either 20,000 or 12,500 square feet (Tukwila is at 10,000 and Issaquah is at approximately 8,700). Seattle and SeaTac are the only local jurisdictions that allow goats on small residential lots (no minimum size required). The average minimum lot size required is approximately 17,000 square feet (not including Seattle and SeaTac, which do not have a minimum lot size, and not including Fife, which is an outlier at one acre). Many require a minimum enclosure /structure setback from adjacent property lines. Minimum Enclosure Maximum Noise and Odor Special Notes/ Lot Size Setbacks Number of Goats Issues Requirements Federal Way 70,000 sf 20 -feet from lot Two. Additional Provisions related Requirement for lines. goats as lot size to manure piles. 14,500 sf increases. roaming area Seattle N/A N/A Three. Additional N/A N/A goats as lot size increases. Auburn 12,500 sf Standard for zone. Two. Additional Addresses noise by N/A goats as lot size placing burden on increases. owner to control habitual animal noises. Does not address odor. Kent 20,000 sf Enclosures (and Two. Additional N/A N/A goats) must be a goats as lot sizes minimum of 50- increase. feet from lot lines. Land Use /Transportation Committee Miniature Goat Research Memo September 30, 2013 Page 2 SPACE REQUIREMENTS AND ANIMAL HEALTH ISSUES It was difficult to find definitive information regarding the space requirements for miniature goats. As noted above, the average lot size required in the King County zoning ordinances we reviewed is approximately 17,000 square feet. The Public Health Veterinarian at Seattle King County Health Department, Sharon Hopkins, stated that miniature goats should have an area of 50 feet by 100 feet (5,000 square feet) for roaming. We inquired with Dr. Susan Kerr, NW Region Livestock and Dairy Specialist with Washington State University and a nationally recognized expert in the area of livestock, including goats. She commented that goats need room to browse. Confinement to a small outdoor area will result in health issues and abnormal behaviors. She also commented that allowing goats to live in the house with humans is a very bad idea. Many sources indicate that goats are creative escape artists. If they get loose they are in danger of injury or death from vehicular traffic and dog attack. They also tend to be destructive (eating neighbors landscaping, jumping on cars, etc.). For this reason, adequate fencing is important. Dr. Kerr also pointed out that goats need specialized care, especially in a wet climate like Washington. She stated, "Owners must learn about effective parasite control practices or their goats will die from parasites —this is a FACT for our wet area." Minimum Enclosure Maximum Noise and Odor Special Notes/ Lot Size Setbacks Number of Goats Issues Requirements Bellevue 20,000 sf 25 -feet from lot One. Additional N/A N/A lines. goats as lot size increases. Renton 12,500 sf Two. Detailed provisions N/A Additional goats related to as lot size maintenance of increases. enclosures, cleaning of waste, etc. Cross references to public nuisance standards. SeaTac N/A Standard for zone. One. Additional N/A N/A goats as lot size increases. Issaquah 8,700 sf N/A N/A N/A N/A Des Moines 35,000 sf 35 -feet from One. Additional N/A Requires a property lines. ' goats as lot size suitable structure. increases. Tukwila 10,000 100 -feet from ? Detailed provisions N/A property lines. for cleaning of enclosures and removal of manure. Fife One Acre Five. N/A N/A N/A Tacoma 20,000 sf 50 -feet from ? Detailed provisions Written consent property lines. related to animal from neighboring waste, etc. property owners required. SPACE REQUIREMENTS AND ANIMAL HEALTH ISSUES It was difficult to find definitive information regarding the space requirements for miniature goats. As noted above, the average lot size required in the King County zoning ordinances we reviewed is approximately 17,000 square feet. The Public Health Veterinarian at Seattle King County Health Department, Sharon Hopkins, stated that miniature goats should have an area of 50 feet by 100 feet (5,000 square feet) for roaming. We inquired with Dr. Susan Kerr, NW Region Livestock and Dairy Specialist with Washington State University and a nationally recognized expert in the area of livestock, including goats. She commented that goats need room to browse. Confinement to a small outdoor area will result in health issues and abnormal behaviors. She also commented that allowing goats to live in the house with humans is a very bad idea. Many sources indicate that goats are creative escape artists. If they get loose they are in danger of injury or death from vehicular traffic and dog attack. They also tend to be destructive (eating neighbors landscaping, jumping on cars, etc.). For this reason, adequate fencing is important. Dr. Kerr also pointed out that goats need specialized care, especially in a wet climate like Washington. She stated, "Owners must learn about effective parasite control practices or their goats will die from parasites —this is a FACT for our wet area." Land Use /Transportation Committee Miniature Goat Research Memo September 30, 2013 Page 3 PUBLIC HEALTH ISSUES Goats, like other animals, carry communicable diseases. Dr. Kerr indicated that goats may pass certain diseases (ringworm, soremouth, Caseous Lymphadenitis, and Q fever) to humans through minimal direct contact. In the limited time we had available to research the issue of disease we just touched on its surface. If the City Council directs staff to prepare a code amendment on this topic, we will gather more information on communicable diseases to help inform the code amendment. Veterinarian Hopkins commented that proper sanitation and rodent control is necessary. Seattle is getting a lot of rodent complaints from neighbors who house chickens and goats. NOISE AND ODOR Our research indicates that miniature goats may cause odor and/or noise problems. The biggest factor is probably human behavior. Do the owners keep the enclosure clean? Do they clean up pet waste? Are the goats entertained or are they crying for attention? There are some common themes that are addressed in some of the example ordinances we reviewed. Noise A number of ordinances require that two goats be owned (rather than one). Because goats are herd animals, they are happier when they have a companion and are less likely to be noisy. Literature on the subject supports this position. Some of the ordinances referenced the particular city's nuisance codes and state that noise in excess of nuisance levels will be considered a violation of code. The bottom line with regard to noise is—we will not know if it is a problem until after the goats arrive on the property. It would depend on factors as varied as individual animal temperament, animal health, size of lot, proximity of neighbors, and neighbor's tolerance for noise. Odor Again, many of the ordinances cross - referenced to that particular city's nuisance regulations. Some included more detailed rules for the care and cleaning of enclosures and pet waste. Un- neutered bucks are smelly and definitely cause an odor problem. Many of the ordinances do not allow bucks or require that they be neutered as noted above. Dr. Kerr commented that a manure management plan is a must in order to control odor. She stated that the manure situation must be actively managed. Again, the odor impact associated with the keeping of goats would depend on factors such as the cleaning habits of the owners and proximity of neighbors. Land Use /Transportation Committee Miniature Goat Research Memo September 30, 2013 Page 4 CITY RESOURCE ALLOCATION Amending the code to allow the keeping of miniature goats affects City resources in two ways. First, we would need to re- prioritize resources to process the code amendment. Second, we need to account for training and increased workload for Animal Services and Code Enforcement. Code Amendment Planning staff would process the requested code amendment. Planning staff is (and has been for some time) experiencing high work - loads. The Division is staffed with approximately 1.4 FTE long range planners (staff that process code amendments and similar actions). Due to an increasing workload on the permitting side, some of that resource has been shifted to permitting review, so the actual available resource for code amendments is closer to 1.2 FTE. Further, we have started to work on the Major Comprehensive Plan update, which will utilize most of our long range planning resources for the next two years. The Planning Commission Work Program (the document that directs staff work on code amendments — Exhibit C of this packet) prioritizes code amendments pursuant to City Council direction. If staff is directed to work on the miniature goat code amendment, one of the items already on the lengthy work program will need to be eliminated or re- prioritized. Animal Services /Code Enforcement Resource If the code is amended to allow the keeping of miniature goats on smaller residential lots, there will be an on -going effect on staff resources. Animal Services staff will need training on goat issues. Code enforcement staff will likely be involved' in resolving disputes regarding compliance with new code provisions. We are currently staffed at two Animal Services Officer FTE and two Code Enforcement Officer FTE2 (we are actually down to one full time code enforcement officer do to staffing turnover, but are in the process of hiring to fill the second position). Both these functions are thinly staffed given the volume of cases /complaints we receive. Just be aware that adding additional work will result in an incremental and proportionate decrease in level of service. CONCLUSION The concept of allowing goats on smaller residential lots is not unique to the City of Federal Way. A number of jurisdictions, both locally and nationally, allow goats; although locally most still require somewhere in the area of a quarter to half -acre lot size. While the goats probably do not need that much roaming space, the larger lot size reduces the potential for conflict with neighbors. There are pros and cons to allowing greater opportunity for goat ownership. Pros include the non - tangible benefits associated with pet ownership and the potential for milk or cheese from the animals. Cons include the potential for noise, odor, and rodent impacts to neighbors; potential disease transmission; potential for unwanted animals to be abandoned or neglected; and increased work load for Animal Services and Code Enforcement staff. Dr. Kerr summed up her opinion as follows: ' Animal Services and Code Enforcement staff have been involved and may continue to be involved in cases involving goats if the code is not amended. It is anticipated; however, that if the code is amended to allow more opportunities for goats, that work load would increase. 2 We also have two half time code enforcement staff that deal exclusively with sign and graffiti issues. Land Use /Transportation Committee Miniature Goat Research Memo September 30, 2013 Page 5 "It's the duty of elected officials to make wise decisions that are best for everyone. You have investigated this request from the public and researched the pros and cons. In my opinion as a veterinarian and public educator, livestock are ill- suited for urban areas." The request to amend the code in this way is reasonable and an appropriate topic for consideration. We recognize that this issue is important to the requestor and others in our community. That being said, the Mayor recommends against amending the work program to add this issue for the reasons cited above. Further, given our limited available resources, we feel that adding this item to the Planning Commission Work Program would create a false expectation with regard to the city's ability to address the topic within a reasonable time frame. 2013 Planning Commission Work Program 1. Mandatory — Anticipated to be completed in 2013 Complete the annual comprehensive plan update. 2. Not Mandatory —Organized by High, Medium, and Low Priority High Priority • Amend the community design guidelines to allow for greater administrative flexibility. • Adopt zoning regulations to implement urban agriculture goals and policies. • Amend regulations to increase exempt levels for a threshold determination under the State Environmental Policy Act (SEPA). Amend process for updating the comprehensive plan. • Amend the non - conforming provisions. Medium Priority • Amend regulations to provide a more streamlined process for binding site plans. • Amend regulations pertaining to types of improvements or structures allowed in required yards. • Amend regulations to broaden uses and standardize bulk and dimensional requirements by zone, and to provide more appropriate setbacks and landscape buffers for commercial uses. • Adopt zoning regulations for the Twin Lakes Commercial Sub -Area. • Amend regulations to increase the maximum allowable building height in the City- Center Core (CC-C) zoning district. • Amend regulations to make review of variances an administrative process. • Noticing Provisions Low Priority • Amend regulations to allow oversize vehicles in approved enclosures in residential zones. • Amend regulations to allow senior housing/assisted living in the Professional Office (PO) zone.' • Adopt an ordinance addressing historic preservation. • Amend the code to address housekeeping items. 1 This is already part of the on -going work program and will be started once the applicant is ready to move forward. IAPlanning Manager\Miniature Goats\Proposed Revision Planing Commission Work Program - Goats.doc COUNCIL MEETING DATE: October 15, 2013 ITEM #: ] C., CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LETTER TO THE WASHINGTON STATE HOUSING FINANCE COMMISSION POLICY QUESTION: Should the City Council sign the proposed letter to the Washington State Housing Finance Commission regarding the impact to the City if three pending projects receive funding from the Commission? COMMITTEE: N/A MEETING DATE: CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing M City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DEPT: . ... . .. ..... . ...... Attachments: The proposed letter will be presented at the City Council meeting. Options Considered: 1. Execute the proposed letter. MAYOR'S RECOMMENDATION: Execute and send the proposed letter. MAYOR APPROVAL: 1�� DIRECTOR APPROVAL: Committee Council initial COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to execute the proposed letter. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: October 15, 2013 ITEM #: Oq CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed amendments to the FWRC regarding: allowing additional flexibility in the administration of the Community Design Guidelines section of the Federal Way Zoning and Development Code. POLICY QUESTION: Should the City amend the Federal Way Revised Code (FWRC) to allow greater flexibility in administration of the Community Design Guidelines contained in the City's Zoning and Development Code? COMMITTEE: Land Use /Transportation Committee MEETING DATE: October 7, 2013 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Contract Planner Jim Harris DEPT: Community & Economic Development Summary: The proposed amendments to the Federal Way Revised Code (FWRC) Chapter 19, would allow greater flexibility. in administering the community design guidelines for all land uses and developments that are subject to the code. The proposed code amendments would allow for increased creativity for building and site designers, and would allow departures from specific and numeric standards of the community design guidelines, provided the intent of the guidelines is maintained. The Planning Commission held a public hearing on the proposed amendments on September 18, 2013, and recommended the City Council approve the zoning code amendment. Attachments: 1) Draft Adoption Ordinance; 2) Staff Report to the Planning Commission with Exhibit A; and 3) Draft Minutes of the September 18, 2013, Planning Commission Public Hearing. Options Considered: 1) Adopt the Planning Commission's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Planning Commission's recommendation as further amended by the LUTC; 3) Do not adopt the Planning Commission's recommendation. PLANNING COMMISSION'S RECOMMENDATION: The Planning Commission recommends adoption of the proposed amendments as written in the Draft Adoption Ordinance. MAYOR APPROVAL: DIRECTOR APPROVAL: L(y-- Comm' ee Co cil dp;�p;��"ittee COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on October 15, 2013. Committee Chair PROPOSED COUNCIL MOTION(S): Diana Noble- Gulliford, eommitt& Member 1sT READING OF ORDINANCE (OCTOBER 15, 2013): I move to forward approval of the ordinance to the November S, 2013, Council Meeting for adoption. 2ND READING OF ORDINANCE (NOVEMBER 5,2013): '7 move approval of the proposed ordinance." REVISED — 08/12/2010 RESOLUTION # K:\2013 Code Amendments\F.dministrative Design Fallibility\council_ agenda -bill design guideline admin flexibility 2013.doc (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 11 APPROVED APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # K:\2013 Code Amendments\F.dministrative Design Fallibility\council_ agenda -bill design guideline admin flexibility 2013.doc ORDINANCE NO. 13- AN ORDINANCE of the City of Federal Way, Washington, relating to an amendment to the administration section FWRC 19.115.020 of the Federal Way Zoning and Development. (Amending Ordinance Nos. 09- 604, 07 -554, 06 -515, 03 -443, 01 -382, 99 -333, 97 -291 and 96 -271.) 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 adopt amended development regulations related to: allowing additional flexibility in the administration of the Community Design Guidelines section of the Federal Way Zoning and Development Code; and WHEREAS, the proposed amendments would modify FWRC 19.115.020 regarding the administration procedures of the Community Design Guidelines; and WHEREAS, the proposed action is. categorically exempt from State Environmental Policy Act (SEPA) threshold determination and EIS requirements pursuant to WAC 197 -11- 800(19); and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on this code amendment on September 18, 2013, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use/Transportation Committee (LUTC) of the Federal Way City Council considered these code amendments on October 7, 2013, and recommended adoption of the text amendments as recommended by the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. 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 by allowing the design guidelines to be implemented more as traditional guidelines rather than standards. Guidelines are intended to outline best practices, and should be implemented with Ordinance No. 13- Page I of 4 Rev 1/10 LU flexibility, rather than act as rigid standards. The proposed code amendments would allow greater flexibility in administering the community design guidelines for all land uses and developments that are subject to the code. The proposed code amendments would allow for increased creativity for building and site designers, and would allow departures from specific and numeric standards of the community design guidelines. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management Act. (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. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way, City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: EDG -6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. EDP10 The City will work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDPI S The City will continue to implement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of locating businesses in the City. LUG1 Improve the appearance and function of the built environment. LUPI Use residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. LUP2 Use design and performance standards to achieve a greater range of housing options in multiple family designations. L UP3 Use design and performance standards to create attractive and desirable commercial and office developments. Ordinance No. 13- Page 2 of 4 Rev 1 /10 LU (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because the amendments would allow greater flexibility in designing and siting of various types of land uses and development, while maintaining and protecting property values and enhancing the general appearance of the City. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because the proposed amendments would allow greater flexibility in administration of the community design guidelines, and the proposed amendments will support economic development in the City by allowing increased creativity in building and site design, while enhancing the general appearance of the City. Section 3. FWRC 19.115.020 is hereby amended to read as follows: 19.115.020 Administration. Applications subject to community design guidelines and crime prevention through environmental design (CPTED) shall be processed as a component of the governing land use process, and the Director shall have the authority to approve, modify, or deny proposals under that process. Unlike development standards in the zoning code this chMter contains guidelines that are intended to serve as performance objectives for developing the appropriate siting and design solution for each development on each unique site. Decisions under this chapter will consider proposals on the basis of individual merit and will encourage creative design alternatives in order to achieve the stated purpose and objectives of this chapter. To further such creative design alternatives and in recognition of site - specific opportunities and constraints decisions under this chapter may allow for departure from M Mecific or numeric provisions contained in these guidelines provided the end result is consistent with the purpose statement of this clinter. Decisions under this chapter are appealable using the appeal procedures of the applicable land use process. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 13- Page 3 of 4 Rev 1 /10 LU Section 7. 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.: K12013 Code Amendments\Administrative Design Fallibility\design guidelines admin flexibility council ordinance.doc Ordinance No. 13- Page 4 of 4 Rev MOLU STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way Revised Code (FWRC) Chapter 19.115.020, "Community Design Guidelines, Administration" File No. 13-103467-00-UP Public Hearing of September 18, 2013 I. BACKGROUND AND PROPOSED AMENDMENTS The proposed amendments to the Federal Way Revised Code (FWRC) Title 19, "Zoning and Development Code," would amend the administration section FWRC 19.115.020 of the Federal Way Zoning and Development Code, Division IV, Community Design Guidelines. The Planning Commission is being asked to review the proposed changes to FWRC Title 19 (attached as Exhibit A), and forward a recommendation to the City Council's Land Use/Transportation Committee (LUTC) and City Council. These proposed code revisions were not specifically identified in the 2013 Planning Commission Work Program, but fall within the business friendly code amendments category as adopted by the City Council. This code amendment -was initiated by the Director of Community and Economic Development. II. ANALYSIS OF PROPOSED CODE AMENDMENT A. Proposed Code Amendments 1. Recommended modification to the administration section of the Community Design Guidelines (FWRC 19.115.020). This proposed amendment would allow greater flexibility in administration of the community design guidelines contained in the city's zoning and development code. Specifically, the proposed amendments would allow for departure from any specific or numeric provisions contained in these design guidelines, provided the end result is consistent with the purpose statement of the Community Design Guidelines chapter. B. Rationale for Proposed Code Amendments All commercial, multi - family, and institutional uses are subject to the city's design guidelines. The community design guidelines: contained in the FWRC currently have a limited amount of flexibility. The city's community design guidelines are written like zoning standards with specific and numeric requirements. Specifically; the guidelines contain many numeric and overly specific standards that apply to all type of land uses and developments. The intent of the code revision is to allow the design guidelines to be implemented more as traditional guidelines rather than standards. Guidelines are intended to outline best practices, and should be implemented with common sense and flexibility, rather than act as rigid standards. The proposed code amendments would allow greater flexibility in administering the community design guidelines for all land uses and developments that are subject to the code. The proposed code amendments would allow for increased creativity for building and site designers, and would allow departures from specific and numeric standards of the community design guidelines. Further, the revisions to the administration section are intended to allow the guidelines to act as performance objectives for siting and designing buildings, rather than acting as specific and/or numeric requirements. As currently written, many of the same design guidelines apply to all types of land use development. For example, under the current code, a 20 -unit multi - family apartment complex would be subject to many of the same design standards in the guidelines as a commercial retail center. The proposed amendments are intended to allow for greater flexibility in the siting and designing of unique land uses, unique site characteristics, and unique site and building architecture. Under the proposed amendments, building designs may be afforded relief from specific requirements of the guidelines, provided the overall building and siting meets the larger intent of the guidelines. As stated in the purpose section of FWRC Chapter 19.115, the guidelines are intended to require minimum standards for design review to maintain and protect property values and enhance the general appearance; as well as improve and expand pedestrian circulation, public space, and pedestrian amenities in the city. III. PROCEDURAL SUMMARY Public notice of the September 18, 2QI,3, Planning Commission public hearing was published in the city's official newspaper on August 31; 2013, and posted on or before September 4, 2013, in accordance with the city's procedural'requirements. IV. PUBLIC COMMENTS No comments were received as a result of the public notice actions as of the date of this report. V. 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 text amendments. FWRC Design Guidelines Code Amendment File 13- 103467 -00-UP September 18, 2013, Planning Commission Public Hearing Page 2 of 4 VI. DECISIONAL CRITERIA FWRC 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 of the comprehensive plan. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) policies and goals: EDG -6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. EDP10 The City will work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDPI S The City will continue to implement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of locating businesses in the City. LUG] Improve the appearance and function of the built environment. L UPI Use residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. L UP2 Use design and performance standards to achieve a greater range of housing options in multiple family designations. L UP3 Use design and performance standards to create attractive and desirable commercial and office developments. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. The proposed FWRC text amendments bear a substantial relationship to the public health, safety, and welfare because the amendments would allow greater flexibility in designing and siting of various types of land uses and development, while maintaining and protecting property values and enhancing the general appearance of the city. 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 proposed amendments would allow greater flexibility in administration of the community design guidelines, and the proposed amendments will support economic development in the city by allowing increased creativity in building and site design, while enhancing the general appearance of the city. FWRC Design Guidelines Code Amendment File 13- 103467 -00 -UP September 18, 2013, Planning Commission Public Hearing Page 3 of 4 VII. STAFF RECOMMENDATION Based on the above staff analysis and decisional criteria, staff recommends that the following amendments to FWRC Title 19, "Zoning and Development Code," be recommended for approval to the Land Use /Transportation Committee (LUTC) and City Council. 1. Modification to FWRC 19.115.020, as identified in Exhibit A. VIII. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC Chapter 19.80.240, the Planning Commission may take the following actions regarding the proposed development code text amendments: 1. Recommend to the City Council adoption of the FWRC text amendments as proposed; 2. Modify the proposed FWRC text amendments and recommend to the City Council adoption of the FWRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to the City Council without a recommendation. EXHIBIT Exhibit A — Proposed Draft Code Amendments: • FWRC Title 19, "Zoning and Development Code," 19.115.020 FWRC Design Guidelines Code Amendment File 13- 103467 -00-UP September 18, 2013, Planning Commission Public Hearing Page 4 of 4 Exhibit A Proposed Draft Code Amendments FWRC Title 19, "Zoning and Development Code" 19.115.020 19.115.020 Administration. Applications subject to community design guidelines and crime prevention through environmental design (CPTED) shall be processed as a component of the governing land use process, and the Director shall have the authority to approve, modify,. or deny proposals under that process. Unlike development standards in the zoning code this chapter contains guidelines that are intended to serve as performance obiectives for developing the q ropriate siting and design solution for each development on each unique site. Decisions under this chapter will consider proposals on the basis of individual merit and will encourage creative design alternatives in order to achieve the stated purpose and objectives of this chapter. To further such creative design alternatives and in recognition of site - speck opportunities and constraints decisions under this cha ter may allow for departure from any speck or numeric provisions contained in these Quidelines, provided the end result is consistent with the purpose statement of this chapter. Decisions under this chapter are appealable using the appeal procedures of the applicable land use process. Exhibit A, Proposed Draft Code Amendments September 18, 2013, Planning Commission Public hearing File 11- 103951 -00 -UP Page 1 of 1 CITY OF FEDERAL WAY PLANNING COMMISSION September 18, 2013 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Tom Medhurst, Sarady Long, Wayne Carlson, and Tim O'Neil. Commissioners absent: Lawson Bronson (excused). Staff present: Planning Manager Isaac Conlen, Senior Planner Janet Shull, Contract Planner Jim Harris, Assistant City Attorney Peter Beckwith, and E. Tina Piety, Administrative Assistant II. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of June 24, 2013, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS PUBLIC FEARING Proposed Zoning Code Amendments Related to Urban Agriculture Senior Planner Shull delivered the staff report. She noted that Skye Schell with Forterra (the non -profit agency representative who worked on the project with the city) is in the audience, along with a number of citizens who will be giving public testimony. She also noted that staff (and Forterra) has taken into consideration and inputted Planning Commissioner's comments /suggestions from the January 16, 2013, study session on this topic. Senior Planner Shull went over the background and overall goals of the proposed amendments. The overall goals include implementing policies to support access to healthy food and to be responsive to community interest in growing food for health, education, and economic benefit. A summary of the proposed amendments is as follows: 1. Provide definitions for urban agriculture uses. 2. Amend the existing sign tables to include urban agriculture uses to allow for permanent and temporary identification/informational signs. 3. Amend the existing Suburban Estates (SE) use zone chart and add new use zone charts allowing urban agricultural uses in each existing zone. KAPlanning Commission\20MMeeting Summary 09- 18- 13.doc Planning Commission Minutes Page 2 September 18, 2013 4. Add a new section to Federal Way Revised Code (FWRC) Title 19 Division VII, "Supplemental Zoning Regulations" (which is where one can find regulations related to the keeping of animals, home occupations, and temporary uses) with regulations and procedural requirements specific to urban agriculture. The meeting was opened for Public Testimony. Jim Cox, Project Manager (with his wife) of the Light of Christ Community Garden — He stated the purpose of the Light of Christ Community Garden is to provide food to the community and to bring people together to help one another. They have had some 300 different people (varying in age from 3 to 83 years) volunteer in the garden. There are people there every day volunteering. He described one man from the Ukraine for whom the garden is a very special place and who is there two or three times a day. They produced some 3000 pounds of food this year for donations. They support Fusion, Mitchell Place, Reach Out, and the Multi- Service Center, among others. All people, no matter their faith (or lack thereof) are welcome to volunteer to work in the garden. The garden meets genuine needs and it almost did not happen. When they went to the city for permits, the city did not have any regulations for community gardens. The proposed amendments would make the process easier for future applicants. Maria Brememan — She supports the proposed amendments. She stated they clarify the code and remove ambiguity and barriers. They are practical and supportive of urban agriculture. Skye Shell, Forterra — He is excited the proposed amendments are moving forward Forterra has been working with the city for about a year on this project. The proposed amendments will not only create access to healthy food, but will provide opportunity for economic development and small businesses. Karla Kolibab, Federal Way Farmer's Market — She stated that not having permanent signage is a problem for the Farmer's Market. Currently they are allowed only temporary signs during the day of the market. Having a permanent sign would let more people know about the market and potentially bring more people to the market. Chair Pfeiffer stated that the Farmer's Market has moved a number of times since they started. Would this not be a problem if they have a permanent sign? Ms. Kolibab replied they are working with the Commons Mail on an agreement that would allow them to stay where they are for a number of years. Rose Ehl, Federal Way Farmer's Market — She stated the Federal Way Farmer's Market provides fresh produce and plants /flower, arts & crafts, and processed food; in addition, a master gardener is available. They host a number of community events and are a venue for WIC and senior assistance. They have discussed a permanent sign with city staff and the plan is to locate it at the corner of 324h and Pacific Highway South. They would also have to have clearance from the Commons Mall. They hope to have a permanent sign for next year. Public Testimony was closed. Commissioner Carlson thanked staff for their work and said the proposed amendments are clear and well written. On page 7 of the staff report in item 11 it talks about soil testing for sites impacted by the Tacoma smelter plume. How much of the city is affected? What percentage of the city would have to do a soil test? Senior Planner Shull replied that she does not know the specifics, but according to a map the KAPlanning Commission\2013Udeeting Summary 06- 24- 13.doc Planning Commission Minutes Page 3 September 18, 2013 area primarily affected is a strip on the western edge of the city. She stated staff has talked to Washington State Ecology about this issue and they do not think anyone would be denied a garden. They want people to be aware of the issue and to take appropriate steps if needed. Commissioner Carlson asked that staff inform applicants what the city would want them to do if they are located in the plume area. Planning Manager Conlen commented that a map of the area can be given to applicants. Commissioner Long noted that in some cases a notice of the proposed garden must be given. Is there a standard area for the notice? Senior Planner Shull replied currently notices are sent to a 300 foot area and that would be the same for these notices. Commissioner Medhurst commented that he is grateful for the community gardens and the work they do. On page I of Exhibit A3, it states that farmers markets, "the majority of products for sale should be food - related products." He is concerned that the word "should" is not strong enough and a farmers market could develop into a flea market. Senior Planner Shull stated that staff did discuss this phrase and the word "should" with the stakeholders. No one could think of an appropriate stronger word. Planning Manager Conlen commented that the word could be changed to "shall." Commissioner Carlson stated he would support changing the word to "shall" with the understanding that majority would be based on the width of saleable space. Commissioner Medhurst asked why (as stated on page 3 of Exhibit D) are structures such as greenhouses limited to 15 feet in height, while others, such as hoophouses limited to 6 feet in height. Senior Planner responded that the items limited to six feet in height are not considered "structures." Hoophouses and similar items are designed to be moved, unlike greenhouses. Commission Carlson moved (and it was seconded) to recommend adoption of the proposed amendments to urban agriculture with the modifications that the word "should" in the definition of farmers market will be changed to "shall," and a definition added that clarifies that the majority of food related products referred to in the farmers market definition is based on the width of saleable space. There was no further discussion and the motion carried unanimously. The public hearing was closed. PUBLIC HEARING — Proposed Code Amendments Related to Provisions for Allowing Departures from Required Community Design Guidelines in all Zoning Districts Contact Planner Harris delivered the presentation. He went over the background and the overall goal, which is to increase the flexibility of the community design guidelines to act as performance objectives rather than to act as specific and/or numeric requirements, while still meeting the larger intent to protect property values, enhance general appearance, and improve and expand pedestrian circulation and public spaces in the city. The proposed changes consist of the addition of two sentences to FWRC 19.115.020, "Administration." There was no public testimony. Commissioner Long asked if the proposed amendments will allow buildings to be placed closer to the sidewalk. Contract Planner Harris replied that the proposed amendments will not likely trigger buildings to be placed closer to the sidewalk. Commissioner Carlson agrees with the proposed amendment. Without it, it can make for weird designs in order to fit the code requirements. Commissioner Medhurst asked if there was a specific catalyst for this amendment. Contract Planner Harris replied that there is no specific catalyst, but the requirements have caused issues in the past. Planning Manager Conlen stated that in the past, applicants have proposed design that would probably work better, but the city was not able to approve them because they did not meet the community design guideline requirements. KAPlanning Commission\20MMeeting Summary 06- 24- 13.doc Planning Commission Minutes Page 4 September 18, 2013 Commissioner O'Neil moved (and it was seconded) to recommend adoption of the proposed amendment to the community design guidelines as written. There was no further discussion and the motion carried unanimously. The public hearing was closed. ADDITIONAL BUSINESS Planning Manager Conlen stated that currently there is no date for the next Planning Commission meeting (it will likely be in November). Commissioner Elder expressed her concern about the parking disappearing at the Commons Mall. Is the city monitoring that? Planning Manager Conlen replied that the city is monitoring the parking with the use of a parking study. Commissioner O'Neil asked what the direction of the city's urban core is. Nothing seems to change. Planning Manager Conlen replied that the vision is for denser, mixed -use buildings while also being pedestrian friendly. The city does not have the market for the vision. The economy has also limited growth. Commissioner Carlson commented that the city has had proposals for high -rises, but it needs the middle ground of mid -rises first. ADJOURN The meeting was adjourned at 8:10 p.m. K\Planning Commissiont2013\Meeting Summary 06- 24- 13.doc CITY OF FEDERAL WAY PLANNING COMMISSION September 18, 2013 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Tom Medhurst, Sarady Long, Wayne Carlson, and Tim O'Neil. Commissioners absent: Lawson Bronson (excused). Staff present: Planning Manager Isaac Conlen, Senior Planner Janet Shull, Contract Planner Jim Harris, Assistant City Attorney Peter Beckwith, and E. Tina Piety, Administrative Assistant II. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of June 24, 2013, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS PUBLIC HEARING Proposed Zoning Code Amendments Related to Urban Agriculture Senior Planner Shull delivered the staff report. She noted that Skye Schell with Forterra (the non -profit agency representative who worked on the project with the city) is in the audience, along with a number of citizens who will be giving public testimony. She also noted that staff (and Forterra) has taken into consideration and inputted Planning Commissioner's comments /suggestions from the January 16, 2013, study session on this topic. Senior Planner Shull went over the background and overall goals of the proposed amendments. The overall goals include implementing policies to support access to healthy food and to be responsive to community interest in growing food for health, education, and economic benefit. A summary of the proposed amendments is as follows: 1. Provide definitions for urban agriculture uses. 2. Amend the existing sign tables to include urban agriculture uses to allow for permanent and temporary identification/informational signs. 3. Amend the existing Suburban Estates (SE) use zone chart and add new use zone charts allowing urban agricultural uses in each existing zone. KAPlanning Onmission\20I RMeeting Summary 09 -1 &13.doc Planning Commission Minutes Page 2 September 18, 2013 4. Add a new section to Federal Way Revised Code (FWRC) Title 19 Division VII, "Supplemental Zoning Regulations" (which is where one can find regulations related to the keeping of animals, home occupations, and temporary uses) with regulations and procedural requirements specific to urban agriculture. The meeting was opened for Public Testimony. Jim Cox, Project Manager (with his wife) of the Light of Christ Community Garden — He stated the purpose of the Light of Christ Community Garden is to provide food to the community and to bring people together to help one another. They have had some 300 different people (varying in age from 3 to 83 years) volunteer in the garden. There are people there every day volunteering. He described one man from the Ukraine for whom the garden is a very special place and who is there two or three times a day. They produced some 3000 pounds of food this year for donations. They support Fusion, Mitchell Place, Reach Out, and the Multi- Service Center, among others. All people, no matter their faith (or lack thereof) are welcome to volunteer to work in the garden. The garden meets genuine needs and it almost did not happen. When they went to the city for permits, the city did not have any regulations for community gardens. The proposed amendments would make the process easier for future applicants. Maria Brememan — She supports the proposed amendments. She stated they clarify the code and remove ambiguity and barriers. They are practical and supportive of urban agriculture. Skye Shell, Forterra — He is excited the proposed amendments are moving forward Forterra has been working with the city for about a year on this project. The proposed amendments will not only create access to healthy food, but will provide opportunity for economic development and small businesses. Karla Kolibab, Federal Way Farmer's Market — She stated that not having permanent signage is a problem for the Farmer's Market. Currently they are allowed only temporary signs during the day of the market. Having a permanent sign would let more people know about the market and potentially bring more people to the market. Chair Pfeiffer stated that the Farmer's Market has moved a number of times since they started. Would this not be a problem if they have a permanent sign? Ms. Kolibab replied they are working with the Commons Mall on an agreement that would allow them to stay where they are for a number of years. Rose Ehl, Federal Way Farmer's Market — She stated the Federal Way Farmer's Market provides fresh produce and plants/flower, arts & crafts, and processed food; in addition, a master gardener is available. They host a number of community events and are a venue for WIC and senior assistance. They have discussed a permanent sign with city staff and the plan is to locate it at the corner of 324th and Pacific Highway South. They would also have to have clearance from the Commons Mall. They hope to have a permanent sign for next year. Public Testimony was closed. Commissioner Carlson thanked staff for their work and said the proposed amendments are clear and well written. On page 7 of the staff report in item l .f. it talks about soil testing for sites impacted by the Tacoma smelter plume. How much of the city is affected? What percentage of the city would have to do a soil test? Senior Planner Shull replied that she does not know the specifics, but according to a map the KAPIanning Commission\2013\Meeting Summary 06- 24- 13.doc Planning Commission Minutes Page 3 September 18, 2013 area primarily affected is a strip on the western edge of the city. She stated staff has talked to Washington State Ecology about this issue and they do not think anyone would be denied a garden. They want people to be aware of the issue and to take appropriate steps if needed. Commissioner Carlson asked that staff inform applicants what the city would want them to do if they are located in the plume area. Planning Manager Conlen commented that a map of the area can be given to applicants. Commissioner Long noted that in some cases a notice of the proposed garden must be given. Is there a standard area for the notice? Senior Planner Shull replied currently notices are sent to a 300 foot area and that would be the same for these notices. Commissioner Medhurst commented that he is grateful for the community gardens and the work they do. On page 1 of Exhibit A3, it states that farmers markets, "the majority of products for sale should be food - related products." He is concerned that the word "should" is not strong enough and a farmers market could develop into a flea market. Senior Planner Shull stated that staff did discuss this phrase and the word "should" with the stakeholders. No one could think of an appropriate stronger word. Planning Manager Conlen commented that the word could be changed to "shall." Commissioner Carlson stated he would support changing the word to "shall' with the understanding that majority would be based on the width of saleable space. Commissioner Medhurst asked why (as stated on page 3 of Exhibit D) are structures such as greenhouses limited to 15 feet in height, while others, such as hoophouses limited to 6 feet in height. Senior Planner responded that the items limited to six feet in height are not considered "structures." Hoophouses and similar items are designed to be moved, unlike greenhouses. Commission Carlson moved (and it was seconded) to recommend adoption of the proposed amendments to urban agriculture with the modifications that the word "should" in the defimition of farmers market will be changed to "shall," and a definition added that clarifies that the majority of food related products referred to in the farmers market definition is based on the width of saleable space. There was no further discussion and the motion carried unanimously. The public hearing was closed. PUBLIC HEARING — Proposed Code Amendments Related to Provisions for Allowing Departures from Required Community Design Guidelines in all Zoning Districts Contact Planner Harris delivered the presentation. He went over the background and the overall goal, which is to increase the flexibility of the community design guidelines to act as performance objectives rather than to act as specific and/or numeric requirements, while still meeting the larger intent to protect property values, enhance general appearance, and improve and expand pedestrian circulation and public spaces in the city. The proposed changes consist of the addition of two sentences to FWRC 19.115.020, "Administration." There was no public testimony. Commissioner Long asked if the proposed amendments will allow buildings to be placed closer to the sidewalk. Contract Planner Harris replied that the proposed amendments will not likely trigger buildings to be placed closer to the sidewalk. Commissioner Carlson agrees with the proposed amendment. Without it, it can make for weird designs in order to fit the code requirements. Commissioner Medhurst asked if there was a specific catalyst for this amendment. Contract Planner Harris replied that there is no specific catalyst, but the requirements have caused issues in the past. Planning Manager Conlen stated that in the past, applicants have proposed design that would probably work better, but the city was not able to approve them because they did not meet the community design guideline requirements. KAPlanning Commission\201MMeeting Summary 06-24- 13.doc Planning Commission Minutes Page 4 September 18, 2013 Commissioner O'Neil moved (and it was seconded) to recommend adoption of the proposed amendment to the community design guidelines as written. There was no further discussion and the motion carried unanimously. The public hearing was closed. ADDITIONAL BUSINESS Planning Manager Conlen stated that currently there is no date for the next Planning Commission meeting (it will likely be in November). Commissioner Elder expressed her concern about the parking disappearing at the Commons Mall. Is the city monitoring that? Planning Manager Conlen replied that the city is monitoring the parking with the use of a parking study. Commissioner O'Neil asked what the direction of the city's urban core is. Nothing seems to change. Planning Manager Conlen replied that the vision is for denser, mixed -use buildings, while also being pedestrian friendly. The downturn in the nationwide economy has hindered development over the last five years. Also, it is difficult for a city like Federal Way to compete with Seattle or Bellevue for that type of development. Commissioner Carlson commented that the city has had proposals for high -rises, but it needs the middle ground of mid -rises first. Planning Manager Conlen responded that the city is receptive to mid -rise development and is hopeful see proposals of this nature. ADJOURN The meeting was adjourned at 8:10 p.m K.Tlanning Commission\201AMeeting Summary 06- 24 -13. doc SUBJECT: Ordinance establishing the time of payment, interest and penalties to be imposed on delinquent annual special assessments for the reformation of the Steel Lake Management District Number 1. POLICY QUESTION: Should the Council adopt an Ordinance establishing the time of payment, interest and penalties to be imposed on delinquent annual special assessments for the reformation of the Steel Lake Management District Number I? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 7, 2013 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: William Appleton, P. E., Surface Water Manager DEPT: Public Works Attachments: 1. Land Use and Transportation Committee Memorandum dated October 7, 2013 2. Draft Ordinance Options Considered: 1. Adoption of an Ordinance establishing the time of payment, interest and penalties to be imposed on delinquent annual special assessments for the reformation of the Steel Lake Management District Number I? 2. Do not adopt an Ordinance establishing the time of payment, interest and penalties to be imposed on delinquent annual special assessments for the reformation of the Steel Lake Management District Number 1, and provide staff direction. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the October 15, 2013 Council Ordinance Agenda for first reading. MAYOR APPROVAL: Am DIRECTOR APPROVAL: mm� ee Coun Initial COMMITTEE RECOMMENDATION: The Committee moves to forward the proposed ordinance to First Reading on �.to. is ')nlz I RVF -%Ja U liVVl \l.lL 1V1V 11Vl\kJf• 1ST READING OF ORDINANCE (OCTOBER 15, 2013) "1 move to forward approval of the ordinance to the November 5, 2013 Council Meetingfor adoption. " 2ND READING OF ORDINANCE (NOVEMBER 5, 2013) "1 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # U32- ❑ DENIED IST reading ❑ TABLED/DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 7, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management VV'_\ FROM: William Appleton, P.E., Surface Water Manager Daniel Smith, Water Quality Program Coordinator SUBJECT: Ordinance establishing the time of payment, interest and penalties to be imposed on delinquent annual special assessments for the Steel Lake Management District Number I BACKGROUND: On July 2, 2013, City Council adopted Ordinance No. 13 -744 reforming the Steel Lake Management District (LMD) Number 1. Pursuant to RCW 36.61.120 and RCW 36.61.140, all notice and hearing requirements for establishing the roll of rates and charges for the LMD have been satisfied. In addition to establishing the roll of rates and charges, an ordinance must be put into place to establish the time of payment, interest and penalties to be imposed on delinquent annual special assessments for the Steel Lake Management District Number 1. The proposed Ordinance will establish May 31 s` of each year as the due date for all annual assessments, will impose interest in the amount of one - percent (1 %) per month on the balance of any delinquent special assessments, and establish the penalty for late payment as the minimum allowed by RCW 36.61.200, which is five - percent (5 %) of the delinquent special assessment. The Ordinance also allows for a lien to be placed upon those lots, tracts, parcels of land and other properties in the special assessment roll that fail to pay their special assessments, penalties and interest. Additionally, the Ordinance clarifies that the assessment will remain fixed for the 10 -year period of the LMD and will not be subject to any inflation based adjustments. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING THE TIME OF PAYMENT, INTEREST, AND PENALTIES TO BE IMPOSED ON DELINQUENT ANNUAL SPECIAL ASSESSMENTS FOR LAKE MANAGEMENT DISTRICT NO. 1 FOR STEEL LAKE, AND AMENDING ORDINANCE NO. 13 -744 DELETING THE AUTOMATIC INFLATION INCREASE. WHEREAS, on July 2, 2013, the City Council of the City of Federal Way adopted Ordinance No. 13 -744 renewing Steel Lake Management District Number 1 ( "District "); and WHEREAS, on August 6, 2013, the City Council of the City of Federal Way passed Resolution No. 13-642 confirming and approving a special assessment roll for the purpose of imposing annual special assessments within Steel Lake Management District Number 1; and WHEREAS, to provide clarification on the applicability of the automatic inflation increase based upon the Seattle Consumer Price Index; and WHEREAS, pursuant to RCW 35.21.403 and RCW 36.61.200, the City Council of the City of Federal Way must establish by ordinance interest and penalties to be imposed on delinquent annual assessments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Due Date and Interest Penalties on Delinquent Annual Special Assessments. Annual special assessment payments are due on the thirty -first (3 1) day of May of each year. Interest in the amount of one - percent (1 %) per month shall be imposed on the balance of delinquent special assessments. Monthly interest shall be charged on the first day of June and each subsequent month. Ordinance No. 13- Page 1 of 4 The penalty for late payment shall be the minimum allowed by RCW 36.61.200. Section 2. Lien. Pursuant to RCW 35.21.403 and RCW 36.61.230, special assessments, including penalties and interest, imposed within Steel Lake Management District No. 1 shall be liened upon the respective lots, tracts, parcels of land, and other property in the special assessment roll, which lien shall be paramount and superior to any other lien or encumbrance theretofore or thereafter created except a lien for general taxes. The cost associated with filing a lien and any other collection effort will be borne by the property owner. No lien shall extend to public property subjected to special assessments. Section 3. Ordinance No. 13 -744, Section 1. Renewal of District, shall be amended to read as follows: Lake Management District Number 1 for Steel Lake is hereby renewed. The boundaries of Lake Management District Number 1 for Steel Lake are represented in Exhibit A, incorporated by this reference. The duration of the district shall be for ten (10) years, from January 1, 2014 through December 31, 2023. Special assessments totaling $15,232 will be collected annually to finance the District activities, with the total amount to be collected during the life of the District estimated at being $152,320, P--i^° Index not to emeeed five pe--°°t* in ° °r. The special assessments will be imposed based on equal charges for similar parcels. Single family residential (RS7.2) lakefront developed properties will be charged $95 per year. Single family residential (RS7.2, RS5.0) lakefront vacant properties will be charged $33 per year. The multi - residential lakefront property (RM1800) will be charged $306 per year. The Steel Lake Park parcel will be charged $2,279 per year. The Department of Fish and Wildlife public boat launch parcel will be charged $3,895 per year. Unallocated funds Ordinance No. 13- Page 2 of 4 left in the current Steel Lake Management District Number 1 (estimated to be $15,000 at the end of 2013) will roll over into the renewed Steel Lake Management District Number 1. Section 4. 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, clause, 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 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. Ordinance No. 13- Page 3 of 4 PASSED by the City Council of the City of Federal Way this day of 2013. 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. 13- Page 4 of 4 COUNCIL MEETING DATE: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE — DIVERSITY COMMISSION RESIDENCY ITEM #: POLICY QUESTION: Should the City Council amend Federal Way Revised Code 2.65.030(4) to require Diversity Commissioners reside within the City? COMMITTEE: N/A MEETING DATE: CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing El City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Pat Richardson, City Attorney_ DEPT: Law At the September 17, 2013 City Council meeting, Council directed that the residency requirement for the Diversity Commissioners be limited to within the City instead of the School District boundaries to be consistent with other commissions and boards. The attached ordinance modifies the residency requirement. Options Considered: 1. Approve and adopt the proposed ordinance. 2. Reject the proposed ordinance. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: DIRECTOR APPROVAL: kit Committee Council initial COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: PROPOSED COUNCIL MOTION(S): 1sT READING OF ORDINANCE (DATE): "I move forward approval of the ordinance to the October 15, 2013, Council Meeting for adoption. " 2ND READING OF ORDINANCE (DATE): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # Ro DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 08/12/2010 RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the residency requirement for Diversity Commissioners; amending FWRC 2.65.030. (Amending Ordinance Nos. 92-141,93-203,96-283, and 06 -531) WHEREAS, the Federal Way City Council created a Diversity Commission by Ordinance No. 92 -141; and WHEREAS, the City Council has determined that it would be in the best interest of the citizens to amend the residency requirement for the Diversity Commissioners to within the City corporate limits. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 2.65.030 is hereby amended to read as follows: 2.65.030 Membership. (1) The diversity commission shall consist of nine members appointed by the city council. (2) The diversity commission shall serve without compensation. (3) Each member shall serve a term of three years. The city council shall annually appoint new members to fill the expiring terms on the diversity commission. If, for any reason, a vacancy occurs during the term of a diversity commission member, the city council shall appoint a new member to fill the unexpired term of that member. The city council may remove a diversity commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. All members of the diversity commission shall serve until their successors are duly appointed by city council. Ordinance No. 13- Page 1 of 3 Rev 1/10 (4) Effective November 1, 2013, lzpersons appointed to serve on the commission shall reside within the corporate limits of the ci Av S -ehee' Dist -iet a """`s the members' `enn Any member currently residing outside of the city shall continue to serve his/her term. (5) To the extent practicable, appointments shall reflect the diversity of all of the city. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. Ordinance No. 73- Page 2 of 3 Rev 1 /10 PASSED by the City Council of the City of Federal Way this day of 2013. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST EN ttw-111 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.: KAordinance\20I3 \diversity comm(2) Ordinance No. 13- Page 3 of 3 Rev 1/10