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Council PKT 01-21-2014 Regular,Z,kCITY OF ,6� Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall January 21, 2014 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Key to the City: Representative Pete von Reichbauer b. St. Vincent de Paul Program c. 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. S. 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: January 7, 2014 Regular Meeting and January 8, 2014 Special Meeting ...page 3 b. King County Cooperative Watershed Management Grant Funding ...page 20 c. Federal Way High and Sacajawea Pedestrian Connection — 85% Status Report and Authorization to Bid ...page 36 d. Lakota Middle School Sidewalks — 30% Design Status Report ...page 38 e. AT &T Cell Site Lease Renewal — Aquatic Center / BPA ...page 40 f. Fieldturf USA Retainage Release ...page 43 6. COUNCIL BUSINESS a. City Council Committee Appointments ...page 44 b. License Agreement For Downtown Substation ...page 46 c. Arts Commission Appointments ...page 51 The Council may add items and take action on items not listed on the agenda. d. Parks and Recreation Commission Appointments ...page 52 e. Human Services Commission Appointments ...page 54 f. Renewal of Agreement for Official Newspaper and Webpage Advertising ...page 55 g. Resolution: Amending Resolution 09 -560, Eliminating Term Limits for the North Lake Management District ...page 60 h. Approve Arts Commission 2014 Contracts for Services ...page 65 i. 2.5% Wage Increase for Non - represented Employees ...page 67 J. Mayor's Appointment to Puget Sound Regional Council ...page 69 7. ORDINANCES First Reading a. CB# 640: Criminal Code Update Relatina To Crimes Involvinq Scrap Metal Business ...page 71 An Ordinance of the City Council of the City of Federal Way, Washington, relating to crimes involving scrap metal businesses; adding a new section to Federal Way Revised Code 6.40 8. COUNCIL REPORTS 9. MAYORS REPORT 10. EXECUTIVE SESSION Potential Litigation Pursuant to RCW 42.30.110(1)(i) 11. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. COUNCIL MEETING DATE: January 21, 2014 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 January 7, 2014 Regular City Council Meeting and the January 8, 2014 Special Meeting? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Carol McNeilly. Citv Clerk DEPT: Law / FIR Attachments: Draft minutes from the January 7, 2014 Regular City Council Meeting and January 8, 2014 Special Meeting. 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: CM Committee Council Initial CHIEF OF STAFF: N/A N/A Committee Council 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 OF Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall January 7, 2014 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:03 p.m. Elected officials in attendance: Mayor Jim Ferrell, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Martin Moore and Councilmember Dini Duclos. Council Position No. 1 vacant. City staff in attendance: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Randall Smith led the Pledge of Allegiance. 3. PRESENTATIONS a. Oaths of Office • Mayor Jim Ferrell: Federal Way Municipal Court Judge Dave Larson delivered the Ceremonial Oath of Office to Mayor Ferrell. • Councilmember Kelly Maloney: Federal Way Municipal Court Judge Dave Larson delivered the Ceremonial Oath of Office to Councilmember Maloney. • Councilmember Jeanne Burbidge: Federal Way Municipal Court Judge Dave Larson delivered the Ceremonial Oath of Office to Councilmember Burbidge. • Councilmember Martin Moore: Leanne Guier, Mayor of Pacific, delivered the Ceremonial Oath of Office to Councilmember Moore. • Mayor's Comments: Mayor Ferrell provided comments on the history of Federal Way; shared his vision for the future; and provided information on initiatives he and staff will be working to accomplish. o Independent Review and Update of the Pro Forma for the Performing Arts and Conference Center (PACC): Mayor Ferrell reported the Pro Forma presented in September raised several questions by Council and by citizens. He feels it is important to obtain the expertise of a consultant knowledgeable about running the performances and about scheduling events in the conference center and related rooms. The consultant will then review, update, and edit City Council Minutes — January 7, 2014 Regular Meeting Page I of 12 the Pro Forma to better match the City's vision. o Formation of a Mayor's Blue Ribbon Panel: In relation to the updated Pro Forma, Mayor Ferrell wants to form a volunteer group with expertise in financing non - profit organizations and /or performance and hospitality industry. This group would provide input toward the financial feasibility, maintenance and operations of the PACC and to review the consultant's update on the PACC. It is important for the Mayor's Blue Ribbon Panel to be objective. Mayor Ferrell encouraged individuals with the expertise identified to contact his office and share their contact information. Mayor Ferrell will work with the Deputy Mayor to schedule a study session on this item in the near future. o New Police Substation near the Transit Center: Yesterday, the Mayor and staff met with a representative for the Parklane Executive Suites, commonly known as the John L. Scott building across from the Transit Center to discuss leasing space for a new police substation. The substation offers police the ability to better patrol the Transit Center; provides a greater visibility of police presence with signage, and a sense of confidence in the downtown area. Mayor Ferrell anticipates a proposed lease will come before Council for action at their January 21, 2014 meeting. o Town Hall Meetings: It is important to meet with citizens and obtain their input on community issues. Town Hall Meetings will be a combination of neighborhood watch (sponsored by the Police Department) and will provide information on City services. They will be held at six or seven various elementary schools with scheduled follow -up meetings six to eight months later. We will be formulating the schedule and returning with confirmed dates. • Newly Elected Official Comments: Councilmember Maloney thanked her family for their support over the past year. She is looking forward to working with Mayor Ferrell - someone she feels is a true collaborator. Councilmember Burbidge stated she is looking forward to increased collaboration and communication with the residents of the City. She thanked her husband and her supporters for their support and encouragement. She is ready to put forward the hard work necessary to achieve great things for this community. One of the joys is getting to know the people that live here and work with them for the future of Federal Way. Councilmember Moore stated he is looking forward to moving this community forward and thanked his family and supporters for their time and efforts. He also recognized former Councilmember Noble - Gulliford for her work in the community. He grew up in Federal Way, is a graduate of Decatur High School. He is looking forward to moving the community forward. He recognized his friends and family members in attendance. He thanked the community for their trust in him. b. Election of Deputy Mayor & Oath of Office Mayor Ferrell reviewed the process for electing the Deputy Mayor and called for nominations by the Council Councilmember Duclos nominated Councilmember Burbidge. Councilmember Celski second. Councilmember Maloney nominated Councilmember Honda. Councilmember Honda second. City Council Minutes — January 7, 2014 Regular Meeting Page 2 of 12 Hearing no further nominations, Mayor Ferrell declared the nominations closed. The City Clerk conducted roll -call votes on the following nominations for Deputy Mayor: Nomination of Councilmember Burbidge: Vote: Councilmember Maloney No Councilmember Honda No Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Nomination of Councilmember Honda: Vote: Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge No Councilmember Celski No Councilmember Moore No Councilmember Duclos No City Clerk McNeilly delivered the Oath of Office to Deputy Mayor Burbidge. c. Reception for Mayor, Deputy Mayor and Councilmembers The Mayor and Council recessed at 7:43 p.m. for a brief reception and reconvened at 8:05 p.m. d. Proclamation: National Mentoring Month Mayor Ferrell spoke to the importance of mentoring programs in the community and read the proclamation into the record declaring January as Mentoring Month within Federal Way. Mayor Ferrell presented the Proclamation to Communities in Schools Executive Director Tracy Oster and Mentor Program Coordinator Jennifer Youngblood who thanked the Council for recognizing this important program. e. Update on 2014 Martin Luther King Event Community Services Manager Jay Bennett stated this year's Martin Luther King Celebration will be held at Todd Beamer High School on Monday, January 20th. This year's event theme is "We Are One." Representative of the event provided details on the many opportunities for citizen participation. Events are scheduled for January 17th , 1801 and 20t p. f. Mayor's Emerging issues Cold Weather Sheltering: Parks and Public Works Director Cary Roe stated he provided a presentation to the PRHSPS Council Committee recently regarding cold weather sheltering and was asked to provide the presentation to full Council this evening. While this item is not before Council as an action item it does pose a policy question — Should the City be the lead agency in establishing a dormitory shelter for homeless individuals during severe winter weather events. Mr. Roe provided historical data on the use of the Federal Way Community Center (FWCC) as a warming /cooling /dormitory shelter. During the recent cold weather spell, there were five shelters open in King County including New Hope Church in Federal Way, which City Council Minutes — January 7, 2014 Regular Meeting Page 3 of 12 provided 24 -hour sheltering. Mr. Roe reviewed the City's sheltering policy as well as potential concerns with operating the Federal Way Community Center as a dormitory shelter. He also provided information on the City's winter weather shelters network program and the requirements for participation in the program. Proposed Multi - Family project at S. 320th Street: Mayor Ferrell noted a group of citizens have scheduled a meeting to discuss the proposed project and invited Councilmembers to attend. Councilmembers may potentially be acting in a quasi - judicial role on this matter in the future. State law requires that when a Councilmember acts in a quasi - judicial role, the Councilmember should not obtain information either by discussion or by attending meetings because it will be different than the information provided to the Hearing Examiner. This is an important issue to the citizens and to Council. Staff is working on scheduling a public meeting at City Hall in an effort to provide information about the proposed project, information about the process for the proposed project, and to provide a forum where Council can attend as well. Once the meeting is scheduled, it will be published on the City's calendar and the City will issue a press release. • Public Records Requests: The City has developed a program that allows the public to submit Public Records Requests online via the City's webpage. Communications and Government Affairs Coordinator Chris Carrel provided a brief presentation on how to submit requests via the City website. The online request form is available via the City Clerk's page on the website at www. cityoffederalway .com /publicrecords Recognition of Service: Councilmember Honda presented Councilmember Moore with a plaque recognizing his volunteer service on the City's Parks and Recreation Commission. Councilmember Honda also presented former Councilmember Diana Noble - Gulliford a plaque for her time of service on the City Council. Councilmember Honda thanked the numerous commissioners who have served the City in volunteer roles. Mayor Ferrell reported he is pleased to be working with the City's current management staff. He is also pleased Brian Wilson will serve as Chief of Staff, assuming responsibilities for operational general management and special projects. Initially this position will be responsible for the coordination of directors and staff for the Mayor's initiatives and special projects. As with any new position, the responsibilities may change as this as an evolving process to provide the best service. With Brian Wilson becoming the Chief of Staff, Andy Hwang will serve as Interim Police Chief effective January 20, 2014. Andy had this responsibility a few years ago when Brian Wilson served as the Interim City Manager. Mayor Ferrell is confident that Andy Hwang will do an outstanding job for the Police Department and for the citizens of Federal Way. Mayor Ferrell congratulated Councilmember Celski and Mrs. Celski on their son J.R.'s recent accomplishments in speed- skating and by representing the United States' Olympic team in Sochi, Russia. 4. CITIZEN COMMENT Clara McArthur congratulated the Celski family on their son J.R.'s recent speed- skating wins and feels proud and thankful to have the Celski family represent the city. She is looking forward to watching him skate in the Olympics in Sochi. She noted during a recent oath of office ceremony the elected official did not repeat the word "faithfully." Jerry Knutzen, spoke on behalf of the Knutzen family and noted the Knutzen family does not operate the Knutzen Family Theater. He has received numerous questions from the City Council Minutes - January 7, 2014 Regular Meeting Page 4 of 12 community which prompted him to meet with Centerstage Theater regarding the new proposed PACC facility and how it would likely affect the Knutzen Theater. He hopes the current Knutzen Theater will be able to co -exist with a new PACC facility. Joann Piquette provided a report on behalf of the Federal Way Coalition of the Performing Arts recent activities. She corrected her last report where she misspoke to the amount of contributions raised. To date the Coalition has raised $631,680 in contributions and has spoken with companies and individuals who are interested in naming rights. She distributed a flyer to the Council relating to the Performing Arts and Conference Center. Alan Bryce spoke on behalf of the Centerstage Board. He provided comments on the proposed Pro Forma for the PACC including the proposed basic design and amenities. He encouraged the Council to maintain the Knutzen Family Theatre as an essential part of the community as the venue hosts approximately 75 -80 performances per year. He is concerned the PACC will have negative impacts on Centerstage operations at the Knutzen Family Theatre. Jennie Hills congratulated Mayor Ferrell and would like to see more job opportunities for individuals with disabilities in the community and would like to see the businesses reach out to people with disabilities. Tracy Hills stated he would like to see a $15.00 minimum wage in the City of Federal Way, similar to the City of SeaTac. Betty Taylor stated she likes Mayor Ferrell's slogan "We can do better" she feels they are powerful words and wants the citizens to stand behind Mayor Ferrell and his vision. She also feels the city is too dark and would like to see improved lighting throughout the City as well as at City Hall. Shelia Warren congratulated Mayor Ferrell. She moved here six -years ago from Chicago and wanted to update herself with the issues of Federal Way. She currently works as a security officer at the Commons Mall. She feels the need to outreach to the youth of the community and would like to see more events celebrate Martin Luther King Jr.'s legacy. Patricia Conant thanked all the members of the Council for being public servants. She presented the Councilmembers with a book entitled "The Law" which explains how to be a free society. The Freedom Foundation has donated books for the Councilmembers. 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: December 3, 2013 Regular Meeting b. Arts Commission 2014 Work Plan d. Diversity Commission 2014 -15 Work Plan e. Janitorial Service Contract f. FURIand 0 DeSi@R Phase and AuftFitytG Bid of GFeateF West Way Hemes Pulled from Consent Agenda City Council Minutes — January 7, 2014 Regular Meeting Page 5 of 12 Motion: Councilmember Moore moved approval of Consent Agenda items 5.a. through 5.g. Councilmember Duclos second. Councilmember Honda pulled item 5.g. from the Consent Agenda. Deputy Mayor Burbidge pulled item 5.c. from the Consent Agenda. Councilmember Moore pulled item 5.f. from the Consent Agenda. Vote on items 5a, 5b, 5d and 5e: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. 5.c. Arts Commission 2014 Contracts for Services Deputy Mayor Burbidge stated she needed to recuse herself from voting on this item. Vote: Deputy Mayor Burbidge Councilmember Maloney Councilmember Honda Councilmember Celski Councilmember Moore Councilmember Duclos Recused Yes Yes Yes Yes Yes 5.f. Funland 100% Design Phase and Authority to Bid Councilmember Moore spoke to the importance of this project which the Parks and Recreation Commission has been working on for months. He feels this project lives up to the saying "Ali means All" as it serves the needs of kids with disabilities. He is proud of the communities' efforts and support for this item. Motion: Councilmember Moore moved approval of this item. Councilmember Duclos second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. 5.g. Amend the Habitat for Humanity NSP3 Developers Agreement for Acquisition and Repair of Greater West Wav Homes Councilmember Honda stated she pulled this item to amend the proposed motion by inserting the words "up to" before the number of 10 housing units in the event Habitat for Humanity has the funds to repair more than 10 units. Motion: Councilmember Honda moved to approve the amendment to the City Council Minutes — January 7, 2014 Regular Meeting Page 6 of 12 6. agreement to add the phrase "up to" before 10 housing units. Councilmember Maloney second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. PUBLIC HEARING a. Street Vacation of a Portion of South 337th Street Mayor Ferrell reviewed the guidelines and format of the Public Hearing and declared the Hearing open at 9:44 p.m. Staff Presentation: Public Works Street System Engineer John Mulkey reviewed the Street Vacation Process; provided background information on the street vacation request the City received and the staff recommendation to grant the request with the following conditions: all affected utilities be granted easements through the property; and payment of 100% of the appraised value of the vacated area. Public Comment: Mayor Ferrell called for public comment. No public comment was provided. Motion: Councilmember Celski moved to approve of the request for streetvacation and directed the City Attorney to prepare an Ordinance for vacating a portion of the right of way for South 337th street and present to council for first reading upon payment of the land and granting the required easements for utilities. Deputy Mayor Burbidge second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. Motion: Councilmember Celski moved to close the Public Hearing. Deputy Mayor Burbidge second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. Motion: Councilmember Duclos moved to suspend Council Rules to continue the meeting past 10:00 p.m. Deputy Mayor Burbidge second. City Council Minutes — January 7, 2014 Regular Meeting Page 7 of 12 Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. 7. COUNCIL BUSINESS a. Vacant Council Position No. 1 City Attorney Pat Richardson presented information relating to filling the Council vacancy as well as a proposed timeline for Council consideration. The proposed timeline is as follows: -January 8th: Post timeline on City Website - January 17th: Post on -line application /interview questions (with responses limited to 150 words) - January 17th & 24th: Publish press release in newspaper -February 3rd: Deadline to submit applications with written responses - February 4th: Update on number of applications received at City Council Meeting -February 7th: City Clerk distributes application materials to Council -March 1st: Interview and appointment Motion: Deputy Mayor Burbidge moved to suspend Council Rule 21.4 — the interview process for the Council Vacancies to provide for the submission of responses to written questions with a limitation of 150 words or less for each question. Councilmember Celski second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. Motion: Deputy Mayor Burbidge moved to establish the timeline for interviews on March 1, 2014, and that the timeline for posting the application and for submitting them as presented by City Attorney Richardson. Councilmember Celski second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. City Council Minutes — January 7, 2014 Regular Meeting Page 8 of 12 b. Council Annual Retreat Mayor Ferrell noted the Council Rules of Procedure states Council will conduct their annual retreat the last week or weekend in January. Given that Council Position No. 1 is currently vacant and will not be filled by the end of January, this matter is before Council for discussion to suspend Council Rule 2.8(6) and establish a date for the annual retreat. Motion: Deputy Mayor Burbidge moved to suspend Council Rule 2.8(6) for the date of the annual Council Retreat. Councilmember Celski second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. Councilmember Moore Motion: Deputy Mayor Burbidge moved to schedule the City Council's Annual Retreat on Saturday, March 8, 2014, to be held at the Federal Way Community Center. Councilmember Celski second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. c. Vouchers The vouchers would normally be reviewed by the Finance, Economic Development and Regional Affairs Council Committee; however; due to the cancellation of their December meeting they are on Council Business for approval. Interim Finance Director Bob Noland was available to address any questions by Council. Motion: Councilmember Duclos moved approval of the vouchers as presented. Councilmember Celski second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. d. 'Monthly Financial Report — November 2013 The Monthly Financial Report would normally be reviewed by the Finance, Economic Development and Regional Affairs Council Committee; however, due to the cancellation of their December meeting they are on Council Business for approval. Interim Finance Director Bob Noland provided a brief presentation on the November 2013 Monthly Financial Report. City Council Minutes — January 7, 2014 Regular Meeting Page 9 of 12 8. Motion: Councilmember Duclos moved approval of the November 2013 Monthly Financial Resort as presented. Councilmember Celski second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0 e. Approval of 2014 Legislative Agenda Mayor Ferrell reported the Council will be meeting with State Representatives tomorrow morning at 7:30 a.m. at the Federal Way Community Center to present the City's key items for the 2014 Legislative Session. Communications and Government Affairs Coordinator Chris Carrel provided a summary of the items on the Legislative Agenda for Council consideration and approval. Motion: Deputy Mayor Burbidge moved approval of the 2014 Legislative Agenda as presented. Councilmember Maloney second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. ORDINANCES First Reading and Enactment: Motion: Deputy Mayor Burbidge moved to suspend Council Rule 2.2(8) to allow for first reading and enactment of Council Bill #639. Councilmember Celski second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6.0. a. CB# 639 Proposition No. 1 Amending Federal Way Revised Code Restricting Citizen Initiatives to November General Elections An Ordinance of the City Council of the City of Federal Way, Washington, relating to restricting the vote for citizen initiatives to General Elections; amending FWRC 1.30.130(2). City Attorney Pat Richardson provided a brief presentation on this item that was City Council Minutes — January 7, 2014 Regular Meeting Page 10 of 12 approved by the voters during the November 2013 General Election. City Clerk McNeilly read the ordinance title into the record. Motion: Deputy Mayor Burbidge moved approval, adoption, and enactment of the proposed ordinance modifying Federal Way Revised Code 1.30.160 (2) as a result of the November 5, 2013 election. Councilmember Duclos second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. Ordinance 14 -756 Second Reading: b. CB# 638 Relatina to School Impact Fee Adiustments in the Citv Center Zone: Adding a New Section to Federal Way Revised Code 19.95 An Ordinance of the City Council of the City of Federal Way, Washington, relating to school impact fee adjustments in the City Center Zone; adding a new section to FWRC 19.95. (Amending Ordinance No. 95 -249) At their December 3, 2013 meeting the Council moved to forward the ordinance to this meeting for second reading and enactment. City Clerk McNeilly read the ordinance title into the record. Motion: Councilmember Celski moved approval and enactment of the proposed amendments to the Federal Way Revised Code relating to school impact fee adjustments in the City Center Zone; adding a new section to Federal Way Revised Code. Councilmember Maloney second Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. Ordinance 14 -757 9. COUNCIL REPORTS Councilmember Duclos reported her book entitled "Danger from 50 -feet below" has been published. It is available online at Amazon.com or at local bookstores. Councilmember Moore reported he is meeting with current and former Councilmembers to seek guidance and is looking forward to the coming years with the Council and the Mayor. Councilmember Celski announced the 3rd Annual Reach -Out Roller Mania will be held on March 31, 2014 at Pattison's West Skating Rink. City Council Minutes — January 7, 2014 Regular Meeting Page 11 of 12 Councilmember Honda reported next PRHSPS Council Committee meeting will be held Tuesday at 5:30 pm. On January 8, 2014 there will be a neighborhood traffic safety meeting regarding the Panther Lake Elementary School area. On January 9, 2014 the Federal Way Coalition Against Human Trafficking will be hosting a forum focusing on lost youth. The forum will be held at City Hall at will begin at 6 pm. Councilmember Maloney stated she attended the Federal Way Chamber of Commerce Legislative Meeting this morning. Dan Altmier, a very active community member and President of the State Board for Community and Technical Colleges was also in attendance. She thanked Mike Dziak of EPI Production who donates endless volunteer hours to the community. Deputy Mayor Burbidge reported she is looking forward to working with the Mayor and thanked staff for their hard work. The next Lodging Tax Advisory Committee Meeting is January 15th. Tomorrow she will attend a meeting of the Sound Cities Association Public Issues Committee. She stated she is looking forward to the interchange that will occur on the PACC. As a former board member of Centerstage and Arts Commissioner, she is a strong supporter of the Knutzen Family Theater. 10. MAYOR'S REPORT Mayor Ferrell summarized his goals for the next thirty days. Yesterday he held an all -staff meeting where he presented his vision and initiatives. He has scheduled several meetings with city departments in an effort to meet staff. Hiring a Finance Director is critical to the City. The City hired Prothman and Associates to conduct a state -wide recruitment. The recruitment period closes January 19, 2014. A group of staff will narrow the candidates down to finalists on January 30, 2014. Interviews are scheduled for February 19, 2014. Once a tentative candidate is selected reference checks will be conducted before bringing the candidate forward for Council's confirmation. The confirmation will likely be scheduled for the March 4, 2014 Council meeting. 11. ADJOURNMENT Mayor Ferrell adjourned the meeting at 10:37 p.m. Attest: Carol McNeilly, CIVIC, City Clerk Approved by Council: City Council Minutes — January 7, 2014 Regular Meeting Page 12 of 12 CITY OF . Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING /BREAKFAST WITH 30TH DISTRICT STATE LEGISLATORS Federal Way Community Center — Forest Lounge 876S.333 rd Street — Federal Way, WA 98003 January 8, 2014 7:30 a.m. 1. Welcome and Introductions Attending: Mayor Ferrell, City Councilmembers, Sen. Tracey Eide, Reps. Roger Freeman, Linda Kochmar Staff: City Attorney Pat Richardson, Chris Carrel Mayor Ferrell opened the meeting at 7:34 a.m. The Mayor welcomed Sen. Tracey Eide, Rep. Roger Freeman, Rep. Linda Kochmar, City Councilmembers, other electeds and members of the public. He noted that the purpose of the meeting was to discuss the City's priority legislative issues as described in the Legislative Agenda. The Mayor thanked the legislators for their efforts on behalf of the community. He noted that Federal Way is fortunate to have Senator Eide and Representatives Freeman and Kochmar working on their behalf and thanked them for their availability to attend the legislative breakfast. 2. Discussion of Priorities for the 2014 Legislative Session • Complete the Triangle Project Deputy Mayor Burbidge introduced the Triangle Project. Completion of the final phase of the project is estimated at $114 million and will include ramps connecting southbound 1 -5 to SR 161 and S. 356th Street, northbound 1 -5 to eastbound SR 18, reconstruction of the I -5 /SR 161 undercrossing, and restoring the Weyerhaeuser Way connection to SR 18. The Deputy Mayor thanked Sen. Eide for her leadership in securing past funding for the Triangle and stated that completing the project is critical to Federal Way's economic development, and will improve access to local businesses while enhancing freight mobility for Port of Tacoma traffic. The City requests that the legislators support funding for completion of the Triangle Project. Sen. Eide noted that it is her goal to pass a statewide transportation funding package that would include the Triangle Project. She noted that there were some challenges to passing a statewide package. Reps. Freeman and Kochmar also expressed their support. City Council Minutes — January 8, 2014 Special Meeting Page I of 4 Transportation investment funding Councilmember Celski introduced the City's priorities for Transportation investment funding. He noted that along with the Triangle, the City also supports including the bridge widening at I- 5 and S. 320th and 1 -5 /SR -509 improvements in a statewide package. The City also supports including local transportation funds — the "last mile" and transit as well as continued funding for Transportation Improvement Board (TIB). Councilmember Celski stated that the City has $230 million of transportation projects on our 6- year comprehensive improvement plan, but only has $2.4 million /year in available funding for those projects, so including a local transportation funding mechanism is critical. A key priority for the City will be to ensure that any funding for local roads does not penalize cities like Federal Way that have consistently invested in roads maintenance. Sen. Eide discussed the importance of funding road maintenance and local options in the statewide package. She noted that there is opposition in the Senate on the issue of funding Metro transit and asked for the City's help to contact key senators to support transportation funding. Rep. Kochmar articulated concerns regarding the need for transportation reforms and distributed information on transit. She stated her support for recognizing cities that have maintained their roads. Councilmember Burbidge discussed the history of the Puget Sound Regional Council's criteria for funding equity. Metro Transit funding Councilmember Duclos introduced the City's priority for METRO Transit Funding She stated that in 2011, the state legislature authorized a 2 -year funding source for METRO that is expiring in June of this year. Without replacement funding, Metro has indicated that up to 600,000 service hours will be eliminated across the county, including deep, painful cuts in Federal Way that would eliminate four routes and reduce six other routes that serve Federal Way. Federal Way is a transit - dependent community and these are unacceptable cuts to Federal Way commuters that will cause real harm, particularly to middle and lower- income workers who depend on transit to reach their jobs. It will also put more cars on the highways, worsening congestion. Councilmember Duclos stated that the City supports providing King County authority to put a funding measure before King County voters in the event that funding is not provided through the legislature. The Councilmember offered her personal opinion that it is not fair to put the entire funding burden for transit on car owners. Councilmember Moore discussed the severe impact of transit cuts to people with disabilities. Mayor Ferrell stated his plans to articulate in Olympia the importance of transit funding and impacts to Federal Way. Senator Eide discussed the importance of transit funding, especially its impact on reducing road congestion. Restoring local liquor revenue sharing Councilmember Moore introduced the City's priority to restore local liquor revenue sharing to historic levels. For over 70 years, the state has shared revenues from liquor profits and from liquor excise taxes with local communities to mitigate the public safety and public health impacts of liquor sales. He noted that liquor privatization has increased the availability of alcohol and led to growing demand for public safety at the same time that the Legislature has significantly reduced liquor revenue sharing to cities. In 2012, the legislature suspended liquor excise tax revenue sharing, only restoring it to 50% during 2013. This cost the City of Federal City Council Minutes — January 8, 2014 Special Meeting Page 2 of 4 Way approximately $675,000 over two years, an amount equivalent to three police officers during that time. Also, in 2012 the legislature capped liquor profit sharing at $49.4 million, which effectively reduced the percentage shared with local government from 50% to 35% Councilmember Moore articulated the City's position that it is imperative for the legislature to restore both liquor excise tax and liquor profit revenue sharing to cities to historic levels to provide for public safety Rep. Kochmar agreed that privatization has led to increased availability and impacts on community, and also expressed concern about the impact of marijuana legalization. She noted that she appreciated the city council passing a moratorium on marijuana. Rep Freeman voiced concerns on marijuana legalization and stated that there is a need to find funding for law enforcement on this issue. Sen. Eide noted that restoring revenue back to cities will be a challenge, due to other priority issues for funding, such as education. Councilmember Maloney addressed the marijuana issue, and articulated the City's position asking legislators to support a revenue sharing model to provide cities with law enforcement funding on marijuana and to preserve cities' authority to enact moratoria on this issue. Representative Kochmar noted her concern over the absence of marijuana in the DUI laws. There was a comment from the audience regarding a need for the legal framework of marijuana legalization to recognize the need for banking infrastructure for legal marijuana businesses. Restore the Building for the Arts grant Councilmember Honda introduced the item to Restore the Building for the Arts Grant. Federal Way was awarded a $325,000 Department of Commerce grant in 2010 for design for the performing arts and conference center, of which $98,023 has been reimbursed. Due to impacts of the Great Recession and timing of the conceptual design phase, the City sought an extension through the 2013 -2014 Capital Budget. While Commerce staff confirmed in July, 2013 that the grant had been re- appropriated, we were later informed that that information was in error and that the grant had, in fact, not been re- authorized. The City is seeking an appropriation of $218,852 to restore the grant funding for design costs. Councilmember Burbidge encouraged for attention to this item and noted the distinction between design and construction grants. • Increased sentencing for felony attempts to elude police Mayor Ferrell introduced the item for Increased sentencing forfelony attempts to elude police. The Sentencing Reform Act includes an oversight that allows car thieves to go unpunished for causing dangerous car chases that endanger police and bystanders. Mayor Ferrell stated that the City is proposing language to correct this oversight in the law and require that the 12- month jail time enhancement for causing dangerous car chases is served at the end of any other jail time served. • Fully fund the 2013 Metal Theft Prevention legislation The Mayor also discussed the City's support for allocating funding to fully implement the Metal Theft Prevention legislation that was passed in 2013. Legislators noted their support though cautioned that funding would be difficult to get this session. City Council Minutes — January 8, 2014 Special Meeting Page 3 of 4 • Enact effective local framework for legalized collective gardens and marijuana sales Discussion on this item occurred during the Restoring local liquor revenue sharing item. 3. Legislator Updates — 30th District Members • Senator Tracey Eide Sen. Eide noted that transportation is one of her top priorities for the 60 -day session. It is important for the local and statewide economy. She discussed details of the Senate transportation proposal. She also noted the importance of the Legislature providing additional funding for education, according to the recent guidance from the Supreme Court. She stated that because it is a short 60 -day session, that will limit the number of issues that get addressed. • Representative Roger Freeman Rep. Freeman stated that he is focusing on the needs of parents and families with disabled children. He expressed his support for the City's legislative agenda. He will also be addressing the way that school districts receive state funding, and the way that the state taxes new businesses, with an aim to provide incentives for technology - based businesses. Representative Linda Kochmar Rep. Kochmar noted that it was very important that Federal Way does not have a B &O tax. She said that is an advantage that we should preserve. She noted that Last session; the Legislature was able to balance the budget without new taxes, while providing schools with more funding. With regards to transit, she stated that 60% of transportation funding in the state goes to transit while only 6% of the state population uses transit. She also noted the difficulty of new funding during this session. Trise Moore with the Federal Way Public Schools spoke to the importance of providing funding for education and meeting the mandates of the Supreme Court McCleary Decision. She thanked Sen. Eide for support of funding for family coordinators. Sen. Eide also noted last session's passage of the Seahawks and Sounders license plates provides new funding for education. 4. Wrap -Up & Adjournment The Mayor adjourned the meeting at 8:55 a.m. Attest: Chris Carrel Communications and Government Affairs Coordinator Approved by Council: City Council Minutes — January 8, 2014 Special Meeting Page 4 of 4 COUNCIL MEETING DATE: January 21, 2014 ITEM #: 'E& CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Authorization to Accept the King County Cooperative Watershed Management Grant Funding. POLICY QUESTION: Should Council authorize the Mayor to accept the King County cooperative watershed management grant funding in an amount of $31,619 to conduct a fish utilization and speciation study within the Hylebos Watershed? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 6, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: William Appleton, P.E., Surface Water Manager /r DEPT: Public Works Attachments: 1. LUTC Memorandum 2. King County Cooperative Watershed Management Grant Agreement. Options Considered: 1 Authorize the Mayor to accept the King County cooperative watershed management grant funding in an amount of $31,619 to conduct a fish utilization and speciation study within the Hylebos Watershed. 2. Do not authorize the Mayor to accept the grant and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 21, 2014 City Council Consent AgendaSor-ppproval MAYOR APPROVAL: COMMITTEE RECOMMENDATION: &Vhe City Council consent agenda for approval Bob Celski. Chair DIRECTOR APPROVAL: k::L" \ Committee Committee recommends forwarding Option 1 to the January 21, 2014 PROPOSED COUNCIL MOTION: "ove to authorize the Mayor to accept the King County cooperative watershed management grant funding in an amount of $31,619 to conduct a fish utilization and speciation study within the Hylebos Watershed. " (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 MEMORANDUM DATE: January 6, 2014 TO: Land Use and Transportation Committee VIA: Jim Farrell, Mayor V —NN E-00— FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management William Appleton, P.E., Surface Water Manager SUBJECT: Cooperative Watershed Management Grant Fund BACKGROUND: King County Flood Control District ( "District'), a quasi - municipal corporation of the State of Washington, announced funding through a competitive cooperative watershed management grant for water quality, water resource, and habitat protection and management projects within the King County portion of watershed resource inventory area 10 (WRIA 10). The Hylebos watershed lies within WRIA 10; therefore, Surface Water Management submitted for grant consideration, a proposal to conduct two studies within the Hylebos watershed: a fisheries study that will include fish speciation, utilization and barriers to recovery assessment; and an environmental/educational trail feasibility and layout study. The studies would be performed by a qualified consultant and outcomes will be used to ensure that projects critical to the restoration/preservation of the watershed are identified, prioritized and ultimately funded within the Surface Water Management Comprehensive Plan. City programs /projects expected to benefit from this grant project will include conservation property acquisition, environmental restoration and stream enhancement, and water quality retrofit. The district is offering to fund the fish utilization and speciation portion of our proposal with a total of $31,619.00, with an in -kind match from Surface Water Management of staff time valued at $1,600.00. The environmental/educational trail feasibility and layout study portion was not approved and will not be performed as part of this project. A copy of the grant agreement is included. The project must be completed by August 31, 2014. Staff have reviewed that attached grant agreement and recommend accepting the cooperative watershed management grant. AWARD NUMBER 10.13.1 AGREEMENT FOR AWARD OF COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS BETWEEN THE CITY OF FEDERAL WAY AND KING COUNTY This Agreement is made between King County, a municipal corporation, and the City of Federal Way (referred to herein as "Recipient "), for the purposes set forth herein. This Agreement shall be in effect from the date of execution to August 31, 2014. SECTION 1. RECITALS 1.1 Whereas, the King County Flood Control District ( "District ") is a quasi - municipal corporation of the State of Washington, authorized to provide funding for cooperative watershed management arrangements and actions for purposes of water quality, water resource, and habitat protection and management; 1.2 Whereas King County is the service provider to the District under the terms of an interlocal agreement ( "ILA ") by and between King County and the District, dated February 17, 2009, as amended, and as service provider implements the District's annual work program and budget; 1.3 Whereas, the Board of Supervisors of the District, the District's governing body, passed Resolution FCD2012 -11.2 on October 29, 2012, authorizing the King County executive or his designee to develop and administer a grant award program of up to $3,150,000 in 2013 for water quality and water resources and habitat restoration and management projects and activities allocated in the amounts of $1.2 million for WRIA 8, $1.2 million for WRIA 9, $600,000 for the Snoqualmie Watershed and $150,000 for WRIA 10 projects in King County, provided that the project list is approved by the District executive committee; 1.4 Whereas, in accordance with Resolution FCD2012 -07.2 and in its capacity as service provider to the District, King County has established a grant award program to fund water quality and water resources and habitat restoration and management projects and activities ( "Cooperative Watershed Management Award Program "); 1.5 Whereas, the Recipient has submitted an application to the Puyallup/White Watershed (WRIA 10) Citizens' Advisory Committee for the Project and it has recommended the Project for funding under the Cooperative Watershed Management Grant Program in accordance with King County's Cooperative Watershed Management Grant Program Policies and Procedures, a copy of which has been furnished by King County to the Recipient and which are incorporated herein by this reference ( "Grant Policies and Procedures "); 1.6 Whereas the District's Executive Committee has received a list of proposed projects that includes the Project, as described in Exhibit A attached hereto and incorporated herein by this reference, and the Executive Committee has approved the Project for funding up to Page 1 of 14 the amount of $31,619; 1.7 Whereas King County has received a Scope of Work and a Budget for the Project from the Recipient and has determined that the Scope of Work, attached hereto and incorporated herein as Exhibit B ( "Scope of Work "), and the Budget, attached hereto and incorporated herein as Exhibit C (`Budget "), are consistent with the Grant Policies and Procedures; 1.8 Whereas, King County and the Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions under which King County will provide funding from the District in accordance with the Policies and Procedures, and the Recipient will implement the Project. SECTION 2. AGREEMENT 2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this reference. 2.2. King County agrees to award the Recipient an award in the total amount of $31,619 from District funds (the Award). The Award shall be used by the Recipient solely for the performance of the Project, as described in Exhibit A of this Agreement. King County shall pay the Recipient in accordance with the Grant Policies and Procedures. 2.3. The Recipient represents and warrants that it will only use the Award for the Scope of Work of this Agreement and in accordance with the Project Budget. The Recipient shall be required to refund to King County that portion of the Award which is used for work or tasks not included in the Scope of Work. Further, the Recipient agrees to return to King County any portion of the Award that is not expended or remains after completion of the Scope of Work. 2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate the execution date of this Agreement provided that 1) they have been identified by Recipient as being within the scopes of numbers 2) and 3) below, and have been approved by the County as being within such scopes; 2) The activities are specified in the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the Scope of Work and are authorized by this award as identified in the Budget of this Agreement; 4) such activities and expenses otherwise comply with all other terms of this Agreement; and 5) reimbursements shall be paid to the Recipient only after this Agreement has been fully executed. 2.5. The Recipient shall invoice King County for incurred expenses using the Request for Payment form and Progress Report, attached hereto and incorporated herein as Exhibit D for those documented and allowable expenses identified in the Budget and according to the rules set forth in the Grant Policies and Procedures. A progress report (with or without a request for payment) shall be made no less frequently than every six months after the effective date of this Agreement nor more frequently than every three months Page 2 of 14 after the aforementioned date. Advances are allowable only for anticipated expenses to be incurred in the next three months from the date of submission of the Request for Payment for work that is included in the Scope of Work of this Agreement, and identified as such in the Request. Documentation of payments made from advances shall be submitted to King County prior to any further requests for payment. No advances shall exceed 80% of the total Award. The final request for payment shall be submitted with the final report described in Section 2.6 of this Agreement and shall be no less than 20% of the Award. 2.6. The Recipient shall be required to submit to King County a final report which documents the Recipient's completion of the work in conformance with the terms of this Agreement within thirty (30) days after the completion of the work and submit a Close -out Report (Exhibit E of this Agreement). The final report shall, among other things, summarize the project's successes and shall address the watershed benefits accomplished by the work in a format provided by King County for this purpose as set forth in the Grant Policies and Procedures. 2.7. The Recipient's expenditures of Award funds shall be separately identified in the Recipient's accounting records. If requested, the Recipient shall comply with other reasonable requests made by King County with respect to the manner in which Project expenditures are tracked and accounted for in the Recipient's accounting books and records. The Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles further described in Section 2.8 below and to meet the requirements of all applicable state and federal laws. 2.8. The Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ( "BARS ") or Generally Accepted Accounting Principles set forth by the Financial Accounting Standards Board or by the Governmental Accounting Standards Board. 2.9. King County or its representative, and the District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. The Recipient shall cooperate with King County and the District in any such audit. 2.10. The Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established by the Washington State Archivist Local Government Common Records Retention Schedule (CORE) as revised. 2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. The Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the District, their elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property arising out Page 3 of 14 of any acts or omissions of the Recipient, its employees, agents, contractors or subcontractors in performing its obligations under the terms of this Agreement. 2.13. The Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3. No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4. Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he /she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. 3.5. The Project shall be completed by no later than August 31, 2014. In the event that the Project is not completed by this date, King County has the discretion, but not the obligation, to terminate this Agreement and request and receive any unexpended Award funds that may be held by the Recipient. 3.6. This Agreement may be signed in multiple counterparts. 3.7. If any provision of this Agreement or of any other agreement, document or writing pursuant to or in connection with this Agreement, shall be wholly or partially invalid or unenforceable under applicable law, said provision will be ineffective to that extent only, without in any way affecting the remaining parts or provision of said agreement, provided that the remaining provisions continue to effect the purposes of this Agreement. 3.8. The amount of the Award has been fully funded by the District. To the extent that funding of the Award requires future appropriations by the King County Council, King County's obligations are contingent upon the appropriation of sufficient funds by the King County Council to complete the Scope of Work. If no such appropriation is made, this Agreement will terminate at the close of the appropriation year for which the last appropriation that provides funds under this Agreement was made. Page 4 of 14 This document has been approved as to form by the King County Prosecuting Attorney's Office as of July 15, 2012. KING COUNTY: By Name Title By Name Title Date Date RECIPIENT: Page 5 of 14 EXHIBIT A: Project Description WRIA APPLICANT PROJECT DESCRIPTION REQUEST MATCH City of Hylebos The proposed project will conduct a $31,572 $1,600 10 Federal Watershed fisheries study that will include fish Way Fisheries speciation, utilization and barriers to Assessment recovery assessment. This study will be used to identify projects for inclusion in the update of the Surface Water Management Comprehensive Plan. Page 6 of 14 EXHIBIT B: SCOPE OF WORK TASKS OUTLINED DESCRIPTION OF ACTIVITIES AND PRODUCTS ESTIMATED DATES PERCENT OF When will TOTAL task be BUDGET completed 1. Fish 1. A fish speciation and utilization assessment will be performed to: 100% April 2014 speciation identify the types and numbers of fish utilizing the Hylebos system and and to assess the functionality of the various reaches within the utilization watershed with respect to supporting resident and anadromous fish. assessment Approximately 3 stream miles will be assessed on10 private properties in addition to public right of ways. Specific tasks will include: • Report addressing fish species present in the Hylebos, barriers to salmon recovery and the potential for salmon recovery. • Detailed fish utilization mapping of the Hylebos watershed showing how the stream system is used by resident and anadromous fish. Recommendations on restoration activities. • 2013 salmon return assessment with respect to numbers and species. Report with recommendations for creating a City staff /volunteer run monitoring plan for future years. 2. A copy of the consultant agreement between the City and the consultant carrying out the above bulleted tasks and further describing the work proposed in this Agreement will be submitted as a deliverable prior to the Final Report. Permits/ Obtain permission to visit 10 private land owners to access the stream Ongoing permission corridor on their land. June 2013, Credits This grant fund will be acknowledged in our quarterly newsletter, presentations to Council and ultimately on any informational signage Dec 2013 & associated with trail systems or projects that evolved from this project. June 2014 July 31, Final report Submit a final report and the financial closeout documentation. Cannot be later than 30 days after the end date of the project. 2014 Page 7 of 14 EXHIBIT C: BUDGET Page 8 of 14 ITEM & COST BASIS FOR GRANT MATCH FUNDS /IN -KIND BUDGET ITEM CALCULATING AMOUNT REQUEST • Source and status (pending or received) • Amount and note if in- kind or cash Staff Salaries & benefits Management,$40 /hr, 40hr $0 $1,600 /in -kind Unit of pay /Unit of time /Sub - totals Name & title for each Benefits basis includes: (what) and is calculated at x % of salaries Consultant services Fisheries Assessment $31,572 $0 Purpose, basis and cost Envr Engr - $100 /hr, 24 hrs PM — $135 /hr, 24hrs Biologist — $115 /hr ,112 hrs Hydr Engr - $150 /hr, 40 hrs EIT- $82 /hr, 86 hrs TOTAL $31,572 $1,600 /in -kind Page 8 of 14 EXHIBIT D: REQUEST FOR PAYMENT AND PROGRESS REPORT won I KING COUNTY FLOOD �� Water and Land Resources Division D I S 7 R 1 C j River and Floodplain Management Section KingCourrty King County Cooperative Watershed Management Grant Payment Request Date Recipient Name Contact Name Phone Address 1 Address 2 City, State, Zip Code Request # City of Federal Way Dates (beginning & end date for this claim) Instructions: Complete this spreadsheet and attach your financial / accounting system reports to document all expenses Hylebos Watershed Fisheries PROJECT NAME Assessment PROJECT CODE 10.13.1 Budget Line Item (From Exhibit B Budget) Budgeted Current Request Amount of all Previous Requests Balance Remaining S - S - S - $ - S - S - S - S - S - TOTALS: $ - $ - $ - $ - Amount from Current Request above requested as an advance EXPLANATION: Page 9 of 14 KING CO TS Water and Land Resources Division L-M IFLOOD 14%m I k I T River and Floodplain Management Section D I S i R (C T King County COOPERATIVE WATERSHED MANAGEMENT GRANT PROGRESS REPORT Date PROJECT PROJECT NUMBER Recipient Name Contact Name Phone Address 1 Address 2 City, State, Zip Code Request # Dates (beginning & end date for this claim) 01/00/00 Hylebos Watershed Fisheries Assessment 10.13.1 City of Federal Way 0 0 0 0 0 0 0 SCOPE OF WORK ITEM DELIVERABLES: Progress / Status /percentage completed (note approximate or actual dates) 1) 2) Page 10 of 14 3) 4) 5) Add more pages if necessary Please mail or e-mail all documents to: Katrina Johnston Water and Land Resources Division Department of Natural Resources and Parks KSC -N R -0600 201 South Jackson Street, Suite 600 Seattle, WA 98104 -3855 Phone: 206 - 263 -0478 Fax: 206 - 205 -5134 Email: katrina.johnston @kingcounty.gov Page 11 of 14 EXHIBIT E CLOSE -OUT REPORT Recipient City of Federal Way Project title Hylebos Watershed Fisheries Assessment Project start and end dates Attached Total award $ Total spent $ Amount due at close -out $ Total unspent $ Submit the following: CONTINUED Page 12 of 14 Checklist PROGRAMMATIC CLOSE -OUT Previously Submitted Attached 1. Letter(s) of commitment from key partners. ❑ ❑ 2. Final report documenting the successful completion of the project according to the exhibit A: Scope of Work and timeline in your ❑ ❑ agreement. 3. Documentation of measurement methods and timelines and any ❑ results to date. FOLLOWING ITEMS TO BE INCLUDED AS APPLICABLE KCFCD acknowledge - ment 4. Selection of outreach materials, such as: handouts, brochures, posters, newspaper clippings, press releases, ❑ ❑ ❑ and web page screen hard copies. 5. Copies of selected printed materials, created for the project or about it, and /or other items that illustrate ❑ ❑ ❑ the successful completion of the project. 6. Selected copies of pictures, film, video, PowerPoint presentation in CD, DVD, email and /or documentation ❑ ❑ ❑ presenting your project, if applicable. FINANCIAL CLOSE -OUT 7. Attach receipts and /or auditable accounting detail (may include: ❑ ❑ ledger -based copies, cancel checks, and payroll records). 8. Documentation of cash and in -kind match. ❑ ❑ CONTINUED Page 12 of 14 King County Cooperative Watershed Management Fiscal Close -Out Date Recipient Name City of Federal Way Hylebos Watershed PROJECT NAME Fisheries Assessment AWARD PROJECT CODE 10.13.1 Budget Line Item (From Exhibit B Budget) Budgeted Amount of all Previous Requests Balance Forfeited Source $ - $ - TOTALS: $ - $ - $ - MATCH Item Budgeted Actual Balance Source NOTES Page 13 of 14 CONTINUED PROVISIONS By signing this Financial CLOSEOUT, I , an authorized representative of the above named award recipient (RECIPIENT), confirm that I have examined the information contained herein and that, to the best of my knowledge, it is a true and accurate account of all the financial expenses and in -kind contributions incurred by the above named project in the course of fulfilling the conditions of the AGREEMENT between RECIPIENT and King County (COUNTY). I hereby acknowledge that there are no further expenses associated with this project, nor any pending or future claims to the COUNTY and that the COUNTY is not liable for any expenses not documented in Attachment B (Budget) of the AGREEMENT. I understand that the RECIPIENT is fully bound by the provisions of the AGREEMENT including, but not limited to, the return of COUNTY funds that are unspent or whose spending is unsubstantiated according to the terms of the AGREEMENT and the right to examine records. I further understand that the COUNTY, upon examining the financial close -out and the final report submitted by the RECIPIENT will determine the amount of the balance due to the RECIPIENT. SIGNED DATE ❑ Approved for Close -Out ❑ Not approved for close -out EXAMINER SIGNATURE: DATE: Notes: END OF EXHIBIT E Page 14 of 14 SUBJECT: Federal Way High and Sacajawea Middle School Pedestrian Connection (14th Ave South— S312th Street to 5308th Street) — 85% Design Status Report and Authorization to Bid POLICY QUESTION: Should the Council authorize staff to bid the Federal Way High and Sacajawea Middle School Pedestrian Connection (14th Ave South — S312th Street to S308th Street) and return to the LUTC and Council for bid award, further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 6, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine Mullen, P.E., Street Systems Project Engineer DEPT: Public Works ......................................................................................_........................................................... ......................._....... .......... ............................... .................._....._._._........._........ ....... .... ............. ..... ......... ..................__......... ....._......._................. Attachments: Land Use and Transportation Committee memorandum dated January 6, 2014. Options Considered ....... ............................... .._.................. 1. Authorize staff to bid the Federal Way High and Sacajawea Middle School Pedestrian Connection (14th Ave South — S312th Street to S308th Street) 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. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the January 21, 2014 City Council Consent Agenda for approv�jn MAYOR APPROVAL: ( Zt ( L �41 DIRECTOR APPROVAL: V-+" ` W uonumaee COMMITTEE RECOMMENDATION: Forward Option 1 to the January 21, 2014 City Council Consent Agenda for approval. PROPOSED COUNCIL MOTION: "I "e to authorize staff to bid the Federal Way High and Sacajawea Middle School Pedestrian Connection (14th Ave South — S312th Street to S308th Street) 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 IS7 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: January 6, 2014 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Christine Mullen, P.E., Street Systems Project Engineer SUBJECT: Federal Way High and Sacajawea Middle School Pedestri Connection (14th Ave South — S312th Street to S308th Street) — 85% Design Status Report and Authorization to Bid BACKGROUND: This Project will install sidewalks where they do not currently exist on 14"' Avenue S between S 3120' Street and S 308th Street as well as on the south side of S 308`h Street from 101 Avenue S to Pacific Highway S. The project will also construct a mini - roundabout at the intersection of 14t" Avenue S & S 308`h Street providing for traffic calming including a pedestrian actuated Rectangular Rapid Flashing Beacon (RRFB) crosswalk system on the east leg. Illumination will be installed on S 3080' Street between 14`h Avenue S and Pacific Highway S. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • Utility Coordination and relocation plan • Project Design to 85% • Preliminary Contract Specifications • NEPA/SEPA Documentation Approval Ongoing Tasks Include: Final Contract Specifications Project Design to 100% WSDOT Approval to Bid the project PROJECT ESTIMATED EXPENDITURES: Design $94,000 2014 Construction Cost 619,000 10% Construction Contingency 62,000 Construction Management (City Staff) 0 TOTAL PROJECT COSTS $775,000 AVAILABLE FUNDING: Budgeted City Funds 0.00 Safe Route to School Grant $775,00 TOTAL AVAILABLE BUDGET $775,000 This project is within available budget and staff anticipates bidding the project in March 2014 and awarding the project in May 2014. Construction is anticipated to commence in June 2014 with an estimated substantial completion date in August 2014. SUBJECT: Lakota Middle School Sidewalk — 13th Avenue SW (SW 314th Street to SW 316th Street) — 30% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the Lakota Middle School Safe Routes to School Project and return to the LUTC and Council at the 85% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee CATEGORY: ® Consent ❑ Ordinance MEETING DATE: January 6, 2014 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine Mullen, P.E., Street Systems Project Engineer DEPT: Public Works 11- Attachments: Land Use and Transportation Committee memorandum dated January 6, 2014. O lions Considered: ... P ..............._........_.................................................................. ............................... _.................................................................................................................................................._...................... . .. ............. . .... . . ................................. ......... .. .. . .. .. . ..__..... ....................... ........ --- _ ._ 1. Authorize staff to proceed with the design of the Lakota Middle School Sidewalk — 13th Avenue SW (SW 314th Street to SW 316th Street) Project and return to the LUTC and Council at the 85% design completion stage for further reports and authorization. 2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the January 21, 2014 City Council Consent Agenda for approv.* MAYOR APPROVAL: COMMITTEE RECOMMENDATION: Forward Option 1 approval. Bob Celski, Chair 4einne Burbi DIRECTOR APPROVAL: Y'�M CW t,omrtunee to the January 21, 2014 City Council Consent Agenda for Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the Lakota Middle School Sidewalk — 13th Avenue SW (SW 314th Street to SW 316th Street) Project and return to the LUTC and Council at the 85% design completion stage for further reports and authorization. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED /DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 6, 2014 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor_ FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Christine Mullen, P.E., Street Systems Project Engineer tpr SUBJECT: Lakota Middle School Sidewalk — 13th Avenue SW (SW 314th Street to SW 316th Street) — 30% Design Status Report BACKGROUND: This Project will install sidewalk on the west side of 13th Ave SW from Lakota Middle School to the existing sidewalk south of S 316th St. Also a new school zone flashing beacon on 13th Ave SW will be installed. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 30% complete, which includes the following completed tasks: • The Topographical Surveys • Utility Coordination • Project Design to 30% Ongoing Tasks Include: • Preliminary Contract Specifications • Project Design to 85% • NEPA/SEPA Documentation and Submittals PROJECT ESTIMATED EXPENDITURES: Design (City Staff) $60,000 2014 Construction Cost $191,019 10% Construction Contingency $19,100 Construction Management (City Staff) $0 TOTAL PROJECT COSTS $270,119 AVAILABLE FUNDING: Budgeted City Funds $0 Safe Route to School Grant $270,119 TOTAL AVAILABLE BUDGET $270,119 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85% design completion status report for further action. This project is scheduled for construction in Summer of 2014. COUNCIL MEETING DATE: January 21, 2014 ITEM #: 5 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AT&T CELL SITE LEASE RENEWAL — AQUATIC CENTER/ BPA POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF THE WIRELESS SITE LEASE AND AUTHORIZE THE MAYOR TO EXECUTE THE AMENDMENT? COMMITTEE: PRHSPS MEETING DATE: 1/14/14 CATEGORY: E Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Amy Jo Pearsall Assistant City Attorne _ DEPT: Law _..._....._._._._..... — - ............._....._ _`? ..__._._._.._..__. .........._......_......._`.... ......._ Attorney AT &T entered into a Lease Agreement with the City on August 6, 2001 for installation and operation of certain equipment on City owned land located on the BPA trail for use in connection with its wireless telephone communications service. The lease was renewed in 2007 and 2011 and is set to expire on November 7, 2016. In late 2012, a question was raised about the correct lease rate. After much discussion, the City and AT &T have agreed to the appropriate rental rate moving forward. AT &T has requested to renew the lease for an additional four automatically renewing five year terms, which would make the new termination date August 5, 2026. This amendment will increase the monthly rental rate to $2,497.61 and will increase 4% each year on January 1. Options Considered: 1. Recommend approval of the lease renewal and authorize the Mayor to execute the amendment. 2. Reiect the lease renewal. MAYOR'S RECOMMENDATION: Recommend approval of the lease renewal and authorize the Mayor to execute the amendment. MAYOR APPROVAL: DIRECTOR APPROVAL: % l 1 el COMMITTEE RECOMMENDATION: I move to forward the Third Amendment to the AT&T Site Lease on the BPA trail, terminating on August 5, 2026, to the January 21, 2014 Council Consent Agenda for approval and authorize the Mayor to sign said amendment. Committee Chair ComrMttee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Third Amendment to the AT &T Site Lease on the BPA trail, terminating on August 5, 2026, and authorize the Mayor to sign said amendment. " 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 # Market: PNw Site #: SS40 Site Name: Aquatic Center Fixed Asset No.: 10092633 THIRD AMENDMENT TO LEASE AGREEMENT (AG #01 -121) THIS THIRD AMENDMENT TO LEASE AGREEMENT ( "Amendment "), dated as of the latter of the signature dates below, is by and between the City of Federal Way, a Washington municipal corporation, having a mailing address of 33530- 1" Way South, Federal Way, WA 98003 ( "City ") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive NE, Suite 13F, West Tower, Atlanta, GA 30324 ("Tenant"). The foregoing named parties to this agreement may be individually referred to as a "Party," and collectively referred to as the "Parties." WHEREAS, City and Tenant entered into that certain Lease dated August 6, 2001, as amended by that certain First Amendment to Lease Agreement (AG #01 -121) dated January 31, 2007, and that certain Second Amendment to Lease (AG #01 -121) dated November 8, 2011 (collectively, the "Lease "), whereby City leased to Tenant certain Premises, therein described, that are a portion of the City Property located on the BPA Trail; and WHEREAS, concurrently herewith, the Parties intend to enter into that certain Settlement Agreement and Release; and WHEREAS, the Parties intend to clarify and more accurately define certain terms set forth in the Lease, including but not limited to the Commencement Date, the Renewal Terms, the Rent, the annual rental increase amount and each anniversary on which it is effective; and WHEREAS, City and Tenant desire to amend the Agreement to modify the Tenant's notice addresses therein; and WHEREAS, City and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Tenant agree as follows: That Section 4, Term, of the Lease is hereby deleted in its entirety and replaced with the following: 4. Term. The term of this Lease shall be five (5) years ( "Initial Term ") and shall commence on August 6, 2001 ( "Commencement Date "). This Lease will automatically renew on the fifth anniversary of the Commencement Date, and each fifth anniversary thereafter, for four (4) additional five (5) year term(s) (each five (5) year term shall be defined as a "Renewal Term "), upon the same terms and conditions unless Tenant notifies City in writing of Tenant's intention not to renew this Lease at least sixty (60) days prior to the expiration of the current Term or Renewal Term. Notwithstanding the forgoing, if Tenant is in default beyond any applicable cure period as of the date any Renewal Term commences, the City may refuse to allow such Renewal Term upon written notice thereof to Tenant. Provided the Lease is not terminated early, this Lease shall expire at midnight on August 5, 2026. The Initial Term and any Renewal Terms are collectively referred to herein as the "Term." 2. The Parties hereby acknowledge and agree that, effective as of October 1, 2013, Rent is Two Thousand Four Hundred One and 55 /100 Dollars ($2,401.55) per month. The Rent shall be increased on January I" of each year during the Term by an amount equal to four percent (4 %) of the Rent in effect during the previous year. 3. That Tenant's notice addresses set forth in Section 19, Notices, of the Lease are hereby deleted in their entirety and replaced with the following: SS40 / Aquatic Center — Third Amendment If to Tenant, to: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re. Cell Site #: SS40 Cell Site Name: Aquatic Center (WA) Fixed Asset #: 10092633 575 Morosgo Drive NE Suite 13 -F, West Tower Atlanta, GA 30324 With copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site #: SS40 Cell Site Name: Aquatic Center (WA) Fixed Asset #: 10092633 208 S. Akard Street Dallas, Texas, 75202 -4206 The copy sent to the Legal Department is an administrative step, which alone does not constitute legal notice. 4. City intends to revise its internal guidelines regarding administration of telecom leases located on City owned real property. One of the terms the City anticipates changing is the amount by which Rent will be increased annually. The revised guidelines will go through an approval process and be adopted by the City's Council. If such guidelines provide for an annual Rent escalation that is less than four percent (4 0/6), City shall apply such new guidelines to this Lease, effective upon their adoption by the City's Counsel. A formal Amendment may be requested by either Party to document the changed annual rental increase amount. 5. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. 6. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. IN WITNESS WHEREOF, the parties have caused this Amendment to be effective as of the last date written below. CITY: City of Federal Way, a Washington municipal corporation 0 Jim Ferrell, Mayor Date: SS40 / Aquatic Center — Third Amendment TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT &T Mobility Corporation Its: Manager By: Print Name: Its: Date: COUNCIL MEETING DATE: January 21, 2014 ITEM #:y_ ............................................................................................................................................................... ............................. -. ................................................................................................................................................................................................................... ............................... ....................................................... ............................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FIELDTURF USA RETAINAGE RELEASE POLICY QUESTION: Should the City accept two contracts with FieldTurf USA as complete and authorize staff to release their Retainage? COMMITTEE: PRHSPS MEETING DATE: Jan 14, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd Parks & Facilities Manager DEPT: PRCS .......................................................................................................-........- p...........................................- �................................................................................................................- g...................................................................................................................................... .......................... ......... ......................... _..- ......- ... ----- - -- ----- ...... History: The City contracted with FieldTurf USA to improve the drainage system and replace the artificial turf at Sacajawea Park in the amount of $601,571.70, including tax. They also replaced the rubber track surface at Saghalie Park in the amount of $130,408.18, including tax. FieldTurf USA has completed all the work within both contracts. Prior to the release of Retainage on any Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Expenditure Summary including tax: $601,571.70 — Sacajawea soccer field artificial turf; 5% Retainage held from the project = $27,469.03 $130,408.18 — Saghalie rubber track replacement; 5% Retainage held from the project = $5,954.71 Total retainage to be released for both projects = $33,423.74 Options Considered: #1 - Accept both contracts as complete and release $33,423.74 Retainage for both completed projects. #2 - Do not accept the contract as complete, and provide direction to staff. MAYOR'S RECOMMENDATION: Option #1: Recommend Council accepts both contracts as complete and authorize staff to release Retainage in the amount of $33,423.74 to FieldTurf USA. /� MAYOR APPROVAL: , DIRECTOR APPROVAL: !% � Committee nciI Committee Council COMMITTEE RECOMMENDATION: I move to forward the acceptance of both FieldTurf USA contracts as complete and forward the authorization of staff to release their $33,423.74 Retainage to the full Council January 21, 2014 consent agenda for approval. Committee Chair Committee Member Member PROPOSED COUNCIL MOTION: "I movh�to accept both contracts as complete and authorize staff to release Retainage in the amount of $33,423.74 to FieldTurf USA" (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: January 21, 2014 ITEM #:�� . ....... ................................................. .......... ................................ --- . ............. _............... ......................................................................... ........................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL COMMITTEE APPOINTMENTS POLICY QUESTION: Should the City Council suspend Council Rule 20.9 to allow the Deputy Mayor to make Council Committee appointments after Council fills the vacancy? COMMITTEE: N/A MEETING DATE: CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing 9 City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: N/A DEPT: Attachments: Council Rule 20.9 Options Considered: 1. Suspend Council Rule 20.9 to allow the Deputy Mayor to make Council Committee appointments after Council fills the vacancy. 2. Do no suspend Council Rule 20.9. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: CHIEF OF STAFF: ►V l ' Committee Dune Co� !Thee — C ncil COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: P#9 Initial Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to suspend Council Rule 20.9 for the appointment to Council Committees after filling the Council vacancy. " (BELOW TO BE COMPLETED BY CITY CLERKS 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 # SECTION 20. COUNCIL COMMITTEES 20.9 The Deputy Mayor will make committee assignments each January, with members serving two (2) year terms. Council shall ratify the Deputy Mayor's committee assignments at the Council Meeting. The Deputy Mayor has the discretion to appoint or remove Committee members at any time, subject to ratification by the Council. COUNCIL MEETING DATE: January 21, 2014 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LICENSE AGREEMENT FOR DOWNTOWN SUBSTATION POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE A LICENSE TO ALLOW A POLICE SUBSTATION TO BE LOCATED IN THE DOWNTOWN CORE? COMMITTEE: PRHSPS MEETING DATE: 1/14/14 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Am Jo Pearsall, Assistant City Attorne _ DEPT: Law -..Y - .. ._.._.._..--- .._......._... _.._ tom....--- -....Y .........._....__...._ An opportunity has arisen to locate a police substation on property located kiddy corner to the Transit Center in the downtown core of the city with minimal cost to the police department. Staff is proposing a license agreement be executed outlining the responsibilities of the parties regarding the property, how it will be utilized and what costs will be borne by each party. Options Considered: 1. Recommend approval of the license agreement and authorize the Mayor to execute the agreement. 2. Reject the license_�eement. MAYOR'S RECOMMENDATION: Recommend approval of license agreement and authorize the Mayor to execute said agreement. /7 MAYOR APPROVAL: DIRECTOR APPROVAL: 1 COMMITTEE RECOMMENDATION: I move to forward the License Agreement for a downtown substation to the January 21, 2014 Council Business Agenda for approval and authorize the Mayor to sign said agreement. Committee Chair Committee Member /) / / Committee Member PROPOSED COUNCIL MOTION: "I move approval of the License Agreement for a downtown substation and authorize the Mayor to sign said agreement. " BELOW TORE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IS7 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 02/06/2006 RESOLUTION # LICENSE AGREEMENT BETWEEN BALLi ROAD, LLC and THE CITY OF FEDERAL WAY THIS AGREEMENT ( "Agreement ") made this 22nd day of January, 2014, by and between BALLI ROAD, LLC, a Washington Limited Liability Company hereinafter referred to as "Licensor ", and the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington hereinafter referred to as "Licensee." WHEREAS, Licensor is the owner of certain real property that includes a vacant office space containing fixtures and equipment located at 31620 23 Id Ave S, Suite 102, Federal Way, Washington 98003 (the "Property "); and WHEREAS, the City's Police Department needs an indoor facility to use as a downtown substation; and WHEREAS, Licensee believes that the Property will be sufficient to accommodate a downtown substation within the existing retail space within the Property; and WHEREAS, Licensor has agreed to permit Licensee to use the Property for such police office use subject to certain conditions; and WHEREAS, Licensee desires to use the Property, subject to the terms and conditions provided for herein. NOW, THEREFORE, for good and valuable consideration, the receipt of which are hereby acknowledged and the terms of which are hereinafter outlined, the parties agree as follows: 1. Licensor hereby grants to Licensee a temporary, non - perpetual, non - exclusive license (the "License ") to occupy and use a portion of the Property for use as a substation of the Federal Way Police Department. Licensee's use of the Property shall be in compliance with any and all conditions of any applicable permits, licenses and other governmental and regulatory approvals and in compliance with all applicable laws, statutes, and governmental rules and regulations. This License will be used by Licensee and its employees, agents, and representatives, subject to all the terms and conditions of this Agreement. 2. Licensee shall not be required to pay Licensor rent for the use of the Property during the term of this Agreement. 3. Licensee shall not be required to pay for electric utilities associated with the lighting and/or heating of the Property during the term of this Agreement. 4. Licensor hereby grants to Licensee the non - exclusive right and privilege to enter on the Property for the purposes set out herein. Licensee's use of the Property shall be conducted in a manner whereby it will not preclude or interfere with Licensor's use of the Property and /or any adjacent property. In addition, Licensee agrees that the retail space will be available to Licensor with 24 hours' notice to Licensee for the purpose of showing the space to potential renters. 5. The Property may be used by Licensee solely for the purpose described in paragraph 1 herein, during the License Term which shall be limited to the days commencing on February 1, 2014 and ending on January 31, 2015. If at any time during the course of this License Agreement the retail space is rented to a new renter, Licensor may choose to allow Licensee to utilize similar retail space within the Property subject to the same conditions listed in this License Agreement. 6. Licensee agrees that it shall use the Property for only the stated purposes and no other purpose. Licensee shall be solely responsible for undertaking the activities on the Property in a safe, secure and careful manner without waste or damage to the Property or improvements thereon. Licensee will not be a nuisance or menace to other tenants in the Building and shall not in any way interfere with the quiet enjoyment of such other tenants. Additionally, Licensee shall clean up and remove any debris created by such activities prior to the termination of the Term of this License. Licensee hereby acknowledges and agrees that it has inspected the Property and examined all conditions thereon relative to Licensee's use thereof, and that Licensor makes no, and expressly disclaims, any warranty or representation as to the condition of Property, its safety or suitability for Licensee's intended activities, or as to any improvements thereon, whether express, implied or arising by operation of law, including, without limitation, any warranty of fitness for any particular purposes. 7. Notwithstanding anything contained herein to the contrary, Licensor may terminate this Agreement early for any reason with thirty (30) days notice upon Licensor's notification to Licensee. On early termination of the License granted by this Agreement, as well as on the natural termination of this License on January 31, 2015, Licensee shall quietly and peaceably surrender the Licensor's Property in a manner that fully complies with all applicable state, federal, or local statute, regulation or ordinance and will leave the Licensor's Property in as good condition as such Property was in at the time of Licensee's entry on the Property under this Agreement. Furthermore, the terms of this Agreement that would, by their nature, survive termination, including, without limitation, the terms that govern Licensee's removal obligations and Licensee's indemnification obligations, as well as this survival provision, will survive any termination or expiration of this Agreement. 8. Licensee agrees to defend and to indemnify and hold Licensor, its parent, subsidiaries, affiliates, and its and their officers, directors, shareholders, agents, employees, and representatives harmless from and against any and all losses, costs, claims, damages, and liabilities, including reasonable attorney's fees, court costs, and fees of expert witnesses, arising from Licensee's use of the Property and from any of Licensee's activities conducted on the Property in connection with Licensee's use of the Property, specifically including the use and activities of Licensee's employees and invitees. 9. During the Term hereof, Licensee shall have in full force and effect commercial general liability insurance with respect to Licensee's use of the Property and the activities and operations of Licensee on the Property, with a limit for bodily injury, death, property damage and personal injury of not less than One Million Dollars ($1,000,000.00) per occurrence. Two Million Dollar ($2,000,000) general aggregate. A certificate of insurance shall be delivered to Licensor evidencing the coverage required herein prior to commencing any activity on the Property. Licensee shall include Licensor and Licensor's property manager, Power Property Consultants, Inc., as additional insureds on the policy. 10. Licensee may not assign its rights hereunder without first obtaining Licensor's approval, which may be granted or withheld in Licensor's sole discretion. 11. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. No alteration, modification, amendment, or waiver hereto shall be valid unless evidenced by a writing signed by both parties hereto. 12. Licensee shall not permit the roads or any driveways, sidewalks or other rights -of -way adjacent to the Property to be obstructed or disturbed in connection with the use of the Property. 13. All notices, demands, or requests required or permitted to be given under this Agreement shall be hand- delivered or sent by mail, return receipt requested and addressed to the parties as follows: LICENSOR: Balli Road, LLC c/o Power Property Consultants, Inc. 3162023 rd Ave S #200 Federal Way, WA 98003 Attn: John Hunt Tel.: 253 -214 -2141 LICENSEE: Federal Way Police Department Attention: Commander Chris Norman 33325 a Avenue S P.O. Box 98063 -9718 Federal Way, WA 98003 Tel.: (253) 835 -6732 2 14. The failure of either party to this Agreement to insist upon the performance of any of the items and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 15. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 16. This Agreement may be executed in one (1) or more counterparts, all of which taken together shall constitute one (1) instrument and constitutes the entire Agreement between the parties as to the subject matter herein described. 17. Licensee has inspected the Property and accepts the space in its current state "as -is." Licensee, at Licensee's sole cost, will be responsible for all improvements, repairs and maintenance in the Property during their tenancy. 18. Licensee, at Licensee's sole cost, may install signage. Licensor will review and approve signage and proposed location prior to signage installation. At the end of the tenancy, whether by natural or early termination, Licensee, at Licensee's sole cast, will have the signage removed and the impacted area returned to its condition prior to signage installation. 19. Licensee is granted a non - exclusive license to use the designated parking areas in the Project for the use of motor vehicles during the term of this Agreement. Licensor reserves the right at any time to grant similar non - exclusive use to other tenants, to promulgate rules and regulations relating to the use of such parking areas, including reasonable restrictions on parking by tenants, employees and invitees, to designate specific spaces for the use of any tenant, to make changes in the parking layout from time to time, to limit Licensee's use of the parking areas to eight (8) unassigned parking stalls, and to establish reasonable time limits on parking all at Licensor's sole discretion Aside from the stated exception below, overnight parking is prohibited, and any vehicle of Tenant, its employees, guests or invitees violating this or any other vehicle regulation adopted by Licensor is subject to removal without notice at Licensee's expense. The Parties agree that two parking stalls, the selection of which is to be mutually agreed upon by the Licensor and the Licensee, will be designated as police use only. These stalls will be located for maximum visibility to the adjacent streets and transit center and may have a marked patrol car present at certain times to deter criminal activity. Any and all costs associated with markings or signage for these designated spaces will be borne by the Licensee. IN WITNESS WHEREOF, Licensor and Licensee have executed this Agreement as of the date and year first set forth above. LICENSEE: CITY OF FEDERAL WAY By: Jim Ferrell, Mayor ATTEST: APPROVED AS TO FORM: Carol McNeilly, CMC, City Clerk Patricia Richardson, City Attorney LICENSOR: BALLI ROAD, LLC M Patrick Rhodes, Manager STATE OF WASHINGTON } ) ss. COUNTY OF On this day personally appeared before me Patrick Rhodes, to me known to be the Manager of Balli Road, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this day of 2014. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 4 SUBJECT: APPOINTMENTS TO THE ARTS COMMISSION POLICY QUESTION: Should the City Council appoint members to the Arts Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: F-1 Consent ❑ Ordinance ❑ Public Hearing Z City Council Business [:] Resolution ❑ Other STAFF REPORT BY: Carol McNeilly, City Clerk DEPT: Law/ HR ... .. . . . ........... ................... . ... . ............ .. . . ...... ............... . .. . ............. I . . .............................. . ............ . . . — -------------------- - ------ ------- - - - - -- - - Background: The Arts Commission is comprised of nine members that are appointed by the City Council and serve three-year terms. Three positions on the Commission are currently vacant (one position due to a member resignation and two positions due to member's not seeking re-appointment at the end of their terms.) Two positions have terms of January 31, 2016 and the third position has a term of December 31, 2014. In accordance with the Council Rules of Procedure; when a vacancy occurs the Council will appoint a member to serve the remainder of the un-expired term. At a Special Meeting on January 21, 2014 the Council interviewed three applicants seeking appointment to the Arts Commission. Options Considered: 1. Appoint and to the Arts Commission with terms expiring December 31, 2016; and appoint - to fill the remainder of an an-expired term of December 31, 2014. 2. Direct the City Clerk to advertise for additional applicants for the Human Services Commission. ....... . ... _.- . . ....... .......... . ........ . . .................. . . ............. . ............ . .................... ... . ............ . ...... . ...................... .__........_ . . ... ............... __._.... . ........... . . . . ....................... . . . . ....... . MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: DIRECTOR APPROVAL: 4069 Co cil Committee Co Initial CHIEF OF STAFF: *C G.Etee—_ Council COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member I PROPOSED COUNCIL MOTION: "I move the following appointments to the Arts Commission... (B40W 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: January 21, 2014 ITEM #:L 1 A CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION POLICY QUESTION: Should the City Council appoint members to the Parks and Recreation Commission? 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: Law / HR Background: The Parks and Recreation is comprised of nine voting members and may have up to two alternates. Members are appointed by the City Council and serve three -year terms. Two voting positions (with un- expired terms of 4/30/2014 and 4/30/2016); and one alternate position (with an un- expired term of 4/30/2016) are available for appointment due to two member resignations and one member being elected to the City Council. In accordance with the Council Rules of Procedure when a vacancy occurs; the Council will appoint a member to serve the remainder of an un- expired term. At a Special Meeting on January 21, 2014 the Council interviewed two applicants seeking appointment to the Parks and Recreation Commission. A current alternate member is also seeking appointment as a voting member. In accordance with the Council Rules of Procedure the Council will not interview applicants already serving on a Commission. Options Considered: 1. Appoint as a voting member to fill the un- expired term of April 30, 2014; appoint as a voting member to fill the reminder of an un- expired term of April 30, 2016; and appoint as an alternate member with a term of April 30, 2016. 2. Direct the City Clerk to advertise for additional applicants for the Human Services Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: CHIEF OF STAFF: NCbmmittee v mmittee Council COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: m Initial Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move the following appointments to the Parks and Recreation Commission... " (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: January 21, 2014 ITEM # I n ...... ................. ............ . ........ .......... ... I ...................... . ......... _ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPOINTMENTS TO THE HUMAN SERVICES COMMISSION POLICY QUESTION: Should the City Council re- appoint members to the Human Services Commission? 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: Law/ HR ....._._._............_._....._.._ ..................__.._..........._._. . __..__.._..__..___.._ �.......... ......--- ._._.._..__....._._... Background: The Human Services Commission is comprised of nine voting members that serve three -year terms. Two positions on the Commission have terms that expire January 31, 2014. Both individuals serving in those positions are seeking re- appointment to the Commission (Kathryn Scanlon and Jan Owen). In accordance with the Council Rules of Procedures; the Council will not conduct interviews of applicants who are serving on a Commission and are seeking re- appointment. Options Considered: Re- appoint Kathryn Scanlon and Jan Owen to the Human Services Commission for three -year terms expiring January 31, 2017. 2. Direct the City Clerk to advertise for additional applicants for the Human Services Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: CHIEF OF STAFF: Committee r Cc6mittee Council COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: P& Initial Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move the following appointments to the Human Services Commission... 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 # COUNCIL MEETING DATE: January 21, 2014 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CONTRACT RENEWAL OF OFFICIAL CITY NEWSPAPER POLICY QUESTION: Should the City Council extend the contract with Federal Way Mirror as the City's Official Newspaper? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Pat Richardson City Attorne DEPT: Law R PO -._.._ ..�— _._......_...__..._...____- ---..._. _.... -- - --.... __Y._.._._.._.....--- .__.._._.. ..._..._..__..__.._.. _ - - - -- - - -- - -- - - Attachments: Amendment to Advertising Agreement for Official City Newspaper incorporating the web -page services into the newspaper print Agreement and extending the term to December 31, 2016. Background: Pursuant to RCW 35.21.230 each code -city shall designate an official newspaper by resolution. The newspaper shalt be of general circulation in the city and have the qualifications prescribed by RCW 65.216. The City's current official newspaper is the Federal Way Mirror, which the City Council designated on March 2, 1999 via Resolution 99 -289. The most recent RFP issued by the City was in November 2010, at which time the only response was the Federal Way Mirror. Options Considered: 1. Continue the Federal Way Mirror as the City's official newspaper through December 31, 2016. 2. Direct staff to re- advertise an RFP. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N I rA _ r DIRECTOR APPROVAL: Committee l Initial CHIEF OF STAFF: 1pr v mmittee Council COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Amended Advertising Agreement, effective February 1, 2014 through December 31, 2016„ and authorize the Mayor to sign said agreement. " (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-2014 RESOLUTION # CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 mm cityofledera4vay com AMENDMENT NO.2 TO ADVERTISING AGREEMENT FOR OFFICIAL CITY NEWSPAPER This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Sound Publishing Inc., a Washington Corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Newspaper Print Advertising ( "Agreement ") dated effective December 7, 2010, December 8, 2011, and December 7, 2012, as amended by Amendment No. 1, and for Webpage Advertising dated effective December 7, 2012, and December 4, 2013 as follows: 1. AMENDED TERM. The term of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2016 ( "Amended Term "). 2. AMENDED SERVICES. The Services or Work shall be amended to include, those additional services described in Exhibit "A" attached hereto and incorporated by this reference ( "Services "). 3. AMENDED COMPENSATION. The amount of compensation payable by the City to the Contractor shall be amended the rate or method of payment, as delineated in Exhibit "B ", attached hereto and incorporated by this reference. The Contractor agrees that the flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. . [Signature page follows] AMENDMENT - 1 - 1/2010 CITY OF Is If Federal Walff CITY HALL 33325 Sth Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www 0yoffedG'fc?41?aYcorn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY 5-TA Jim Ferrell, Mayor I0XV11 -a SOUND PUBLISHING, INC. By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ATTEST: City Clerk, Carol McNeilly, CMC APPROVED AS TO FORM: City Attorney, Patricia A Richardson On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of _ 20 . Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT - 2 - 1/2010 CITY OF UTY HALL 33325 nth Avenue South Federal Wa Federal Way, "A 98003-6325 711-17-7W (253) 835-7000 .^ wvv. cityoffederaiway. com EXHIBIT A SERVICES The Contractor shall provide services in the manner below: Contractor shall provide newspaper print advertising in the printed newspaper and a web-page button/link advertisement to the City's webpage. AMENDMENT - 3 - 1/2010 CITY OF Federal 1. Compensation. CITY HALL Wa % ff 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 s mv. ci yaffederahvay com EXHIBIT B COMPENSATION Online Advertising Services shall be compensated at Thirty Five and no /100 Dollars ($35.00) per week. Advertising Agreement for Newsprint (Classified) services shall be compensated at $7.21 per column inch. 2. Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed and the rate for such Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. AMENDMENT - 4 - 1/2010 SUBJECT: Resolution amending Resolution 09 -560, eliminating term limits for the lake management district number 2 advisory committee for North Lake. POLICY QUESTION: Should the Council adopt a Resolution amending Resolution 09 -560, eliminating term limits for the lake management district number 2 advisory committee for North Lake? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 6, 2014 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing CZ City Council Business ® Resolution ❑ Other STAFF REPORT BY: William Appleton, P. E., Surface Water Manager J,DEPT: Public Works Attachments: 1. Land Use and Transportation Committee Memorandum dated January 6, 2014 2. Draft Resolution Options Considered: 1. Adoption of a Resolution amending Resolution 09 -560, eliminating term limits for the lake management district number 2 advisory committee for North Lake. 2. Do not adopt the proposed Resolution, and provide staff direction. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the January 21, 2014 Council Business Agenda for approyat-) MAYOR APPROVAL: DIRECTOR APPROVAL: Initial COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 City Council Business Agenda for approval. Bob Celski. Chair 4e=e Burbidee. Memb to the January 21, 2014 PROPOSED COUNCIL MOTION: "I motto adopt the Resolution amending Resolution 09 -560, eliminating term limits for the lake management district number 2 advisory committee for North Lake " (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: January 6, 2014 TO: Land Use and Transportation Committee VIA: Jim Farrell, Mayor.( FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management William Appleton, P.E., Surface Water Manager SUBJECT: North Lake LMD Advisory Committee — Elimination of Term Limits BACKGROUND: On October 6, 2009, City Council adopted Ordinance No. 09 -560, establishing a North Lake Advisory Committee (NLAC), which represents the property owners of the Lake Management District Number 2. The Resolution creating the Advisory Committee for North Lake LMD calls for maximum term limits for advisory committee members of two, two -year terms. Historically, the applicant pool for the advisory committee positions has been extremely limited; therefore, staff is recommending that the term limits be eliminated to ensure that all advisory committee seats are filled. Advisory Committee members that wish to serve additional terms will continue to be required to submit applications to City Council for consideration. RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING RESOLUTION 09- 560 TO ELIMINATE TERM LIMITS FOR THE LAKE MANAGEMENT DISTRICT NUMBER 2 ADVISORY COMMITTEE FOR NORTH LAKE. WHEREAS, Lake Management District Number 2 for North Lake was created for the purpose of generating revenue to provide ongoing aquatic vegetation management, community education, and other related projects; and WHEREAS, Resolution Number 09 -544 states that, attendant to the creation of the Lake Management District is the creation of an Advisory Committee; WHEREAS, Resolution Number 09 -560 created an advisory committee for the North Lake, Lake Management District Number 2 and calls for a term limit of no more than two, two -year terms; WHEREAS, it has been determined that term limits may severely reduce or eliminate the advisory board applicant pool; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RESOLVES AS FOLLOWS: Section 1. Resolution No 09 -560, Section 2(A) shall be amended to read as follows: 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 Resolution No. 13- Page I of 3 proportionally represent the various property types identified in the district assessment role. No single family an w_p A ~ - petty _ ._ °__ sheA_ _°_ _ Section 2. 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 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 10th day of December 2013. CITY OF FEDERAL WAY MAYOR, Skip Priest Resolution No. 13- Page 2 of 3 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 3 of 3 COUNCIL MEETING DATE: Y4"lX� ...__ 21 ZOL� ___ ......._..._. ITEM #_ CITY OFF DERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION CONTRACT FOR SERVICES POLICY QUESTION: Should the City Council approve the 2014 Arts Commission Contracts for Services Funding? COMMITTEE: PRFSPSC MEETING DATE: 12/10/13 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Hutton, Recreation Supervisor DEPT: PRCS The Arts Commission Contract for Services Program is a program that funds local arts organizations that provide cultural programs within the community. The City serves as a partner in the provision of services. Local arts organizations submitted an application; the Arts Commission reviewed the applications, interviewed the each organization and developed funding recommendations. The budget for the 2014 Contract for Services Program is $37,900.00 Attachments: 2014 Contract for Services Recommendation Options Considered: 1. Approve the Arts Commission 2014 Contract for Services Recommendations and forward to the January 7, 2014 full City Council consent agenda for approval. 2. Decline the proposed Arts Commission 2014 Contract for Services Recommendation and request the Arts Commission to make revisions. ..................... ................... 1111.1.1.111.1.1 ..............................._.................................._._..............._........._....._.................................._......_................._....._..........._........_....._....._.........._...... .........._._....._......_..._. MAYOR'S RECOMMENDATION: approve option 1. Approve the 2014 Arts Commission Contract for Services Funding Recommendations to the January 7, 2014 full City Council consent agenda for approval. MAYOR APPROVAL: p,�_ I DIRECTOR APPROVAL: &/W Committee C ncil Initial <Y COMMITTEE RECOMMENDATION: I move to forward the 2014 Arts Commission Contact for Services funding recommendations to the full City Council January 7, 2014 consent agenda for approval. �- recut ' Committee Chair ConiAittee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Arts Commission 2014 Contract for Services funding recommendations " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) C irCIL ACTION: APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/20 10 RESOLUTION # R �r fA 3 cr w 0 � N C O (i v O N O O a) 'O 7 m L �Q oE N U C CO a7 N y d U) a a L � N L � U c 3 Ch -aa) N m Y L c t m U) g O d 11 Q Ol } C C y L a1 cA CO C v g 16 3 a r- Q `o m 0 d aS U t 3 C C N a a7 N U C C y 7> E O C a N (Oj , O m° c o E Li v r a cg O in N LL O Q I� N n C O N l0 N O O O 47 ``. 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M co R O p >' 'O N N U as O O � C S C CL aRr N U t U 0 > .2 N C V d E 7 3 L d R ~ L 0 G O s O C = >% a ca O a LL E O i fA R C E +O' �' U U) 4)L } E, O m 3 R 'x as O F- � U. as r Q U w x LL W LL LL IL N v O N O O a) 'O 7 m L �Q oE N COUNCIL MEETING DATE: January 21, 2014 ITEM #: L ..................... _ ..... _ .............................. _ ................. . ... .. ... .... ... ............. ......................... ....................... _ ...... _ ...... _ ....... _ .................. _. .............. ..... ...... _ .................................................... _.._ ............................ _ ...................................... ......... .......................... _ ...... ...__ .......... .... ........ _..._.._ .............. _.__.. .._......._ ................. ... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2.5% WAGE INCREASE FOR NON - REPRESENTED EMPLOYEES POLICY QUESTION: Should the City Council authorize a 2.5% wage increase for non - represented employees? COMMITTEE: N/A MEETING DATE: CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: BOB NOLAND. INTERIM FINANCE DIRECTOR DEPT: Finance The non - represented employees have not had a wage increase since 2009. The attached spreadsheet shows the cost to the General Fund and the cost to other City funds. The spreadsheet also includes the cost for those employees represented by Teamsters under the terms of the collective bargaining agreements. Options Considered: 1. Approve the 2.5% wage increase for non - represented employees effective February 1, 2014. 2. Approve the 2.5% wage increase for non - represented employees effective on the date as directed by Council. 3. Do not approve tl e 2 5% wage increase for non - represented employees. MAYOR'S RECOMMENDATION: Option 1 - 2.5% wage increase for non - represented employees MAYOR APPROVAL: DIRECTOR APPROVAL: Co flee C l Ini CHIEF OF STAFF: Committee Council COMMITTEE RECOMMENDATION: N /A. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option " (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 Council Meeting January 21, 2014 2.5% Wage Increase Impact on 2014 Salary & Benefits* General Fund Impact Amount Teamsters - Maintenance $ 23,000 Teamsters - Clerks $ 12,000 NR Non - Exempt $ 60,000 NR Exempt $ 155,000 Total General Fund $ 250,000 Other Funds Teamsters - Maintenance $ 12,000 Teamsters - Clerks $ - NR Non - Exempt $ 11,000 NR Exempt $ 32,000 Total Other Funds $ 55,000 Grand Total Teamsters - Maintenance $ 35,000 Teamsters - Clerks $ 12,000 NR Non - Exempt $ 71,000 NR Exempt $ 187,000 Grand Total $ '3ti5,tltl0 "For 11 months, starting February 1 st SUBJECT: MAYOR'S APPOINTMENT TO PUGET SOUND REGIONAL COUNCIL POLICY QUESTION: Should the City Council appoint the Mayor to represent the City on the Puget Sound Regional Council? COMMITTEE: N/A MEETING DATE: CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing N City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Pat Richardson City Attorne _ DEPT: Law _.._.. - - - -- - - - - - -- - - -- - -' — ..__................ y �.__......_...__........ — -- -- __ . - - -- -- Attachment: Letter from Puget Sound Regional Council The Puget Sound Regional Council (PRSC) contacted the City regarding the City's representation due to the change in the mayor. The interlocal agreement for PRSC provides that (1) only elected officials may serve; and (2) the local jurisdiction shall appoint the representative. Options Considered: 1. Appoint Mayor Ferrell as the City's representative on the Puget Sound Regional Council. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: ColmnittEe CHIEF OF STAFF: Committee Council COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: r Initial Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to appoint Mayor Ferrell to the Puget Sound Regional Council." BELOW TO BE COMPLETED BY CITY CLERKS OFFICE, COUNCIL ACTION: APPROVED COUNCIL BILL # ❑ DENIED IS7 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # Puget Sound Regional Council January 8, 2014 The Honorable Jim Ferrell, Mayor City of Federal Way 33325 8th Ave. South Federal Way, WA 98003 Dear Mayor Ferrell; VV 11 3t r Ana+ IU 'o-';tY rat t'tyEi�.'tai bFi,a d It's time once again for the members of the Puget Sound Regional Council to appoint their representatives to our boards and conunittees. The City of Federal Way will need to make an appointment to the Executive Board to replace Skip Priest. If possible, appointments and /or reappointments are needed in advance of our January 23 Executive Board meeting. Executive Board The Executive Board meets monthly, generally on the fourth Thursday of each month, from 10:00 —1 1:30 a.m., to make major PSRC decisions. Proportional representation on the 32- member Executive Board is stipulated in the Interlocal Agreement. Overall, 50 percent of the members of the Executive Board need to be on transit boards, including Sound Transit. This is required by state law and it helps ensure effective program coordination among PSRC and transit agencies of the region. PSRC encourages diversity in its Boards. In thinking about who should represent your jurisdiction, please keep in mind that one of the reasons for our success so far has been the commitment of many current members to attend our meetings and participate in discussions and decisions. For your information, I've enclosed a roster of PSRC's existing boards. Thank you for your participation and assistance. If you have any questions, please call Sheila Rogers at PSRC, (206) 464 -5815. Sincerely, Pat McCarthy Executive, Pierce County President, Puget Sound Regional Council cc: Councilmember Jeanne Burbidge I osh Brown Executive Director Puget Sound Regional Council 1011 'Westen baernie, Sate 500 s Spoflle. Washington 48104 -1035 s (A%) 464 -7090 - FAA 567-4825 e COUNCI. .... ........... ......_.._ _ ..........__ — CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: RELATING TO CRIMES INVOLVING SCRAP METAL BUSINESS POLICY QUESTION: Whether Council should adopt by reference certain sections of RCW 19.290 relating to scrap metal business crimes in order to enforce those crimes in the Federal Way Municipal Court? COMMITTEE: PRHSPS MEETING DATE: 1/14/14 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Am Jo Pearsall Assistant City ttorne DEPT: Law .._ ...............Y._._..._._. _..__... - -- - ...... _....._._. _.._._._._..tY........- ...... -- - Y_._._...--._...__......_.. .....--- .............._._...... Attachment: Proposed Ordinance Background: In 2013 the State Legislature amended RCW 19.290 and imposed additional regulations and enforcement mechanisms on scrap metal businesses to curb wire theft, portions of which did not become effective until January 1, 2014. For the Federal Way Municipal Court to have jurisdiction over certain crimes and penalties provided for in RCW 19.290, the City must adopt certain sections of RCW 19.290 by reference. Options Considered: 1) Adopt the proposed ordinance 2) Do not adopt the proposed ordinance MAYOR'S RECOMMENDATION: MAYOR APPROVAL: . DIRECTOR APPROVAL: p A, � m ee --1#7101&fCiI Initial COMMITTEE RECOMMENDATION: I 2014. Committee Chair forward the proposed ordinance to First Reading on January 21, Committee Member Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (DATE): "I move to forward approval of the ordinance to the February 4, 2014 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 # LP"IlJ ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 08/1212010 RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to crimes involving scrap metal business; adding a new section to FWRC 6.40. WHEREAS, in 2013 the State Legislature passed ESHB 1552 amending RCW 19.290 regarding metal property and scrap metal businesses; and WHEREAS, enhanced laws on metal property and scrap metal businesses were a 2013 legislative priority for the City in order to combat metal wire theft; and WHEREAS, the City is required to adopt sections of RCW 19.290 by reference in order to enforce the law through the Federal Way Municipal Court; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 6.40 of the Federal Way Revised Code is hereby amended to add a new section 6.40.080 to read as follows: 6.40.080 Crimes involving scrap metal business The following state statutes regarding metal property are adopted by reference: RCW 19.290.050 Reports to law enforcement 19.290.060 Stolen metal property — Preserving evidence 19.290.070 Violations — Penalty 19.290.080 Civil penalties 19.290.090 Exemptions from chapter 19.290.100 Scrap metal license —Penalties 19.290.190 Inspection of licenses premises and records 19.290.230 Seizure and forfeiture Ordinance No. 13- Page 1 of 3 Rev 1/10 Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section S. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, JIM FERRELL Ordinance No. 13- Page 2 of 3 Rev 1/10 ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 13- Page 3 of 3 Rev 1/10