Council PKT 09-16-2014 RegularCITY OF
Federal Way
CITY COUNCIL
REGULAR MEETING AGENDA
Council Chambers - City Hall
September 16, 2014 — 7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Proclamation- "Mayor's Day of Concern for the Hungry' ...page 3
b. Emergency Management Update
c. FUSION- Human Services Agency Presentation
d. Mayor's Emerging Issues and Report
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING.
When recognized by the Mayor, come forward to the podium and state your name for the record.
Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three
minutes, relate negatively to other individuals, or are otherwise inappropriate.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items maybe removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: September 2, 2014 Regular and Special Meetings ...page 4
b. Change Order to NTS Contract for SW 330th Street Roundabouts ...page 14
c. 2014 Asphalt Overlay Project — Project Acceptance ...page 17
d. 2015 Asphalt Overlay Program Preliminary List and Authorization to Bid ...page 19
e. Lakota Middle School 13th Ave SW Sidewalk Connection Project — Project Acceptance
... page 27
f. S 328th St at 1St Ave S Intersection Improvements — 30% Design Status Report ...page
29
g. S356 th Street — SR99 to SR161 Street Improvement Project — 30% Status Report
... page 31
h. King County RSO Cost Reimbursement Agreement ...page 34
i. South King Fire and Rescue Appendix to Interlocal Agreement for FWPD Use of a
Portion of Fire Station #63 ...page 46
The Council may add items and take action on items not listed on the agenda.
j. Washington Traffic Safety Commission (WTSC) Grant — Target Zero Amendment #2
...page 52
k. DEA — State and Local HIDTA Task Force Agreement ...page 56
6. COUNCIL BUSINESS
a. Authorization for King County Public Health Services ...page 63
b. Confirmation of the Economic Development Director ...page 65
c. Planning Commission Re- Appointments ...page 66
d. CDBG Loan Review Advisory Committee Appointment and Re- Appointment ...page 67
e. Human Services Commission Appointment ...page 68
f. Diversity Commission Appointment ...page 69
7. ORDINANCES
First Reading & Enactment
a. CB# 657 — Amending Federal Way Revised Code Relating to the Youth
Commission ...page 70
An Ordinance of the City of Federal Way, Washington, relating to the Youth Commission
amending Federal Way Revised Code 2.60.040. (Amending Ordinance Nos. 92 -139, 92 -157
and 96 -282)
Second Reading
b. CB# 656 — Rate Structure for Surface Water Utility Rate Adjustment ...page 74
An Ordinance of the City of Federal Way, Washington, amending the rate structure for storm
and surface water utility by 12% and adding an annual CPI adjusted rate increase thereafter.
(Amending Ordinance Nos. 90 -32, 91 -117, 96 -277, and 02 -433)
8. COUNCIL REPORTS
9. ADJOURNMENT
The Council may add items and take action on items not listed on the agenda.
CITY OF
,,�,�... Federal Way
PROCLAMA TION
"Mayor's Day of Concern for the Hungry"
WHEREAS, we recognize adequate nutrition as a basic goal for each citizen; and
WHEREAS, no parent should have to send a child to school hungry, no baby should be without
the comfort of the feedings needed for mental and physical growth, no elderly person's health
should be jeopardized by lack of appropriate foods; and
WHEREAS, the Multi- Service Center food bank, emergency and hot meal programs, local
churches, social service agencies, and hundreds of volunteers are striving each day to stem the
rising tide of hunger, but still need more help; and
WHEREAS, each Federal Way resident has the ability to impact hunger in their community
through donations of food; and
WHEREAS, we believe that when the citizens who are not involved hear of the especially
desperate needs of the hungry as winter approaches and their low incomes must stretch to cover
increasing fuel, electricity and rental costs — leaving even less money for monthly food purchase,
and outpouring of community assistance will follow; and
WHEREAS, the Emergency Feeding Program of Seattle & King County coordinates an annual
food drive to help support the efforts of their program and the area's food banks in fighting
hunger which will be held at grocery stores throughout King County on Saturday, September 27,
2014.
NOW, THEREFORE, we, the undersigned Mayor and Councilmembers of the City of Federal
Way, do hereby proclaim September 27, 2014 as "Mayor's Day of Concern for the Hungry" in
the City of Federal Way, and strongly urge all citizens to join the Emergency Feeding Program
and the Multi- Service Center to nourish those who are hungry.
SIGNED this 16th day of September 2014.
FEDERAL WAYMAYORAND CITY COUNCIL
Jim Ferrell, Mayor
Lydia Assefa- Dawson, Councilmember
Dini Duclos, Councilmember
Kelly Maloney, Councilmember
Jeanne Burbidge, Deputy Mayor
Bob Celskz, Councilmember
Susan Honda, Councilmember
Martin Moore, Councilmember
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the City Council approve the draft minutes of the September 2, 2014 Special and
Regular City Council Meetings?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, Ci
Attachments:
DEPT: Mayor's Office
Draft minutes from the September 2, 2014 Special and Regular City Council Meeting.
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A
Committee
CHIEF OF STAFF: N/A
Committee
COMMITTEE RECOMMENDATION: N/A
N/A CITY CLERK APPROVAL:
Council
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 IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
CITY OF
Federal Way
CITY COUNCIL
SPECIAL MEETING MINTUES
Council Chambers - City Hall
September 2, 2014 — 5:30 p.m.
www. cityoffederalwaV. com
1. CALL MEETING TO ORDER
Mayor Ferrell called the special meeting to order at 5:33 P.M.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob
Celski, Councilmember Martin Moore and Councilmember Dini Duclos.
City staff in attendance: Interim City Attorney Amy Jo Pearsall and Deputy City Clerk Stephanie
Courtney.
2. PLEDGE OF ALLEGIANCE
Interim Community Development Director Larry Frazier led the flag salute.
3. STUDY SESSION
Comprehensive Plan /Critical Areas Ordinance Update
Interim Community Development Director Larry Frazier introduced staff and gave a brief overview of
the presentations for this evenings meeting regarding the 2015 Major Comprehensive Plan Update
and the Critical Areas Ordinance Update.
a. Staff Presentation
Principal Planner Margaret Clark noted by June 2015 the Growth Management Act (GMA) requires
the city to complete a major update to our Comprehensive Plan; these updates occur every eight
years. She stated the purpose of the briefing is to provide information on the requirements; timeline
and current status; and policy issues.
She reviewed the existing Comprehensive Plan including the 7 required elements and the 5
discretionary elements of our plan. She highlighted the Comp Plan Survey which was available on the
website for citizen input. She concluded the update will address public policy through Land Use;
Housing; Vision for the Downtown; Economic Development; and Transportation.
Council thanked Ms. Clark for her presentation and asking clarifying questions.
Federal Way City Council Special Minutes Page 1 of 2
September 2, 2014
Senior Planner Matt Herrera reviewed the Critical Areas Ordinance Update. He stated the Growth
Management Act also requires cities to update their Critical Areas Ordinances on the same 8 -year
Comprehensive Plan update timeline. He reported critical are wetlands; aquifer recharge areas; fish
and wildlife habitat conservation areas; frequently flooded areas; and geologically hazardous areas.
Mr. Herrera explained the "Best Available Science" (BAS) requirement and the public participation
effort thus far. He stated staff will begin drafting the code amendments following the BAS review by
the city's environmental consultant and public workshops /stakeholder interviews. He anticipates an
adoption process to begin in Spring 2015.
b. Council Discussion
Council thanked staff and asked clarifying questions regarding changes in policies which make
obtaining outside information, previously available, more difficult. Staff welcomed the input from
Councilmembers.
4. EXECUTIVE SESSION
At 6:35pm, Mayor Ferrell adjourned to Executive Session for approximately 15 minutes.
• Evaluate the Qualifications of an Application for Public Employment/Pursuant to RCW
42.30.110(g)
Council returned to Chambers at 6:43pm.
5. ADJOURNMENT
Having nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 6:43pm.
Attest:
Stephanie Courtney, CMC, Deputy City Clerk
Approved by Council:
Federal Way City Council Special Minutes Page 2 of 2
September 2, 2014
CITY OF
VZ�A:�L
Federal Way
CITY COUNCIL
REGULAR MEETING MINTUES
Council Chambers - City Hall
September 2, 2014 — 7:00 p.m.
www.citvoffederalway.com
CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 7:07 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob
Celski, Councilmember Martin Moore and Councilmember Dini Duclos.
City staff in attendance: Interim City Attorney Amy Jo Pearsall and Deputy City Clerk Stephanie
Courtney.
2. PLEDGE OF ALLEGIANCE
Dick Mayer led the Pledge of Allegiance.
MOTION BY DEPUTY MAYOR BURBIDGE TO AMEND TONIGHTS AGENDA TO ADD A
PRESENTATION UNDER ITEM 3; REPORT BY INTERIM SUPERINTENDENT OF FEDERAL WAY
PUBLIC SCHOOLS, SALLY MCLEAN; COUNCILMEMBER DUCLOS SECOND. Motion passed
unanimously as follows:
Deputy Mayor Burbidge yes
Councilmember Assefa- Dawson yes
Councilmember Maloney yes
Councilmember Honda yes
3. PRESENTATIONS
Councilmember Celski yes
Councilmember Moore yes
Councilmember Duclos yes
a. Recognizing Special Olympic Athletes Accomplishments
Parks Director John Hutton was pleased to introduce Sharon Boyle the Parks Departments
Special Olympics Assistant. Ms. Boyle asked individuals to stand to be recognized by the
Council and audience for their accomplishments in various sporting activities ranging from
bowling, basketball, soccer, softball, swimming and track. She also recognized the coaches in
the room. The athletes were given a round of applause and most were wearing their medals
they have received.
b. Police Chiefs Citation Certificates
Federal Way City Council Regular Minutes Page 1 of 7
September 2, 2014
Police Chief Andy Hwang recognized several individuals with the Police Chief's citation award,
who aided an elderly woman who was relocating from Arizona to Federal Way when her U-
Haul with all her belongings was stolen from her motel. Chief Hwang was pleased to introduce
Police Department staff, Hart Insurance Company, the Multi- Service Center and Deseret
Industries who stepped up to make a meaningful difference to the victim, supplying her with
furniture and household items. Ms. Emory expressed her sincere appreciation for those that
helped her after losing everything she owned.
c. (ADDED ITEM) Report by Interim Superintendent of FWPS, Sally McLean.
Interim Superintendent of Federal Way Public Schools Sally McLean asked everyone to be
aware school starts tomorrow and to watch for school zones, school buses and walkers. She
briefed Council on the voter approved construction at Federal Way High School which will
begin this year. She also noted the school district has partnered with United Way and several
Seahawks will be on hand tomorrow at Lake Grove Elementary School where the playground
will be renovated. She further noted she shares the deep concern with the proposed closure
of the King County Public Health clinics and the impact to the students.
d. Trillium Presentation
Mayor Ferrell introduced Karen Williams and Jessica Lex of Trillium a company which assists
with placement of individuals with developmental disabilities in employment. They presented a
short informative video on the importance of an inclusive work environment. Ms. Williams
stated Trillium currently partners with the school district and is able to place approximately
75% of students into the work force. Ms. Lex stated currently, 53% of Federal Way students
are finding employment outside the city; a statistic they would like to see change.
The Mayor and Council thanked Ms. Williams and Ms. Lex for the thoughtful presentation and
spoke to supporting a city resolution regarding an inclusive work environment.
e. Proclamation: Constitution Week
Deputy Mayor Burbidge read and presented the Constitution Proclamation to Sally Jarvis,
Lakota Chapter of the Daughters of the American Revolution. Ms. Jarvis thanked the Mayor
and Council for the recognition and noted this is one way to reflect and honor the signing of
the Constitution.
f. Future of Town Square Park
Chief of Staff Brian Wilson reported Council consensus is to keep the 4 acres a park, however
remaining open for potential development options at the eastern and western edges of the
park; and therefore placing permanent amenities in the center of the Park. Mr. Wilson stated
Mayor Ferrell has retained the services of Nakano Associates to analyze and bring
recommendations to the Council for cost and enhanced amenities. He stated Nakano is
scheduled to present conceptual alternatives to the city by September 29, 2014.
Council discussed the original purchase price and vision of the land when discussing future
development. Discussion also centered on the vision for the park and future benefits and
amenities. Councilmembers noted they are looking forward to a downtown transformation
which will spur development in this area.
g. Information on City's Current Tax Structure
Finance Director Ade' Ariwoola gave a brief presentation on information specific to tax
collected for and on behalf of the city. He reviewed property tax and sales tax distribution
demonstrating which portions of these taxes come back to the city in relation to other
Federal Way City Council Regular Minutes Page 2 of 7
September 2, 2014
agencies including the State, County and School District.
h. Mayor's Emerging Issues and Report
• Audit of Verizon Wireless
Finance Director Ade' Ariwoola was pleased to report after a city audit of Verizon Wireless tax
reporting; the city received a check in the amount of $139,714. Mayor Ferrell thanked Mr.
Ariwoola on this audit finding.
• Movie Night at Town Square Park — Sept 6th
Parks Director John Hutton announced the movie Despicable Me 2 will be showing at Town
Square Park on September 6th — he noted the movie will begin around 8:30pm and they will be
offering free popcorn and cotton candy; there will also be food vendors on hand.
Mr. Hutton also reported there will a project beginning at Town Square Park where students
representing all the high schools will write the word "Welcome" in 120 different languages
which are the different languages spoken in the Federal Way School District.
• King County Public Health Update
Mayor Ferrell stated he has been in contact with King County Executive Dow Constantine and
they are working towards a solution for Federal Way. He thanked the Federal Way Mirror for a
story they did highlighting the potential closures.
• Weyerhaeuser Update
Mayor Ferrell reported on the Weyerhaeuser Corporation announcing they will be leaving
Federal Way and his meeting with them. He noted he is working with legislators and looking at
this as a great opportunity to recruit a possible college campus or another large corporation to
the city.
4. CITIZEN COMMENT
Tracy Hills, spoke on behalf of the AKTION Club and will be participating in fundraising for the
Club to pay for such items such as room rental and member dues.
Jennie Hills, also spoke on behalf of AKTION Club and stated the club meets on the last Tuesday
of every month from 7- 830pm. She also thanked the Federal Way Police Department for
assistance regarding issues at her apartment complex.
Lori Ginther -Hutt, spoke regarding the King County Public Health proposed cuts. She stated as a
Public Health nurse who has lived in Federal Way and worked in these clinics she reaffirmed the
need for these services for our low income families.
Patty Furukawa - Stutz, a Public Health nurse gave a vivid example of one woman in a very difficult
situation with a birth and loss of a child, who then utilized the services available at the Public
Health Clinic.
Robert Morrison, highlighted various areas of the city with safety concerns and inquired if the city
could utilize the parking lot across from the Town Square Park where a gym facility used to be
located.
Betty Taylor, reported on an apparent "tent city" located at her apartment complex and her
Federal Way City Council Regular Minutes Page 3 of 7
September 2, 2014
concern over safety at the complex; she also asked the Council to come up with a song or slogan
for Federal Way.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: Regular Meeting August 12, 2014
b. Vouchers
c. Monthly Financial Report — July 2014
d. Lakehaven Utility Easement for Norpoint Heights Plat
e. Federal Way Municipal Court Tenant Improvement
f. FY 2014 Edward Byrne Memorial Justice Grant (JAG)
:1 p HUD SeGti GR 108 L eaR G aFaRtee PFegram F= uRd*Rg gFee Y eRt pulled and approved
separately.
h. Parks Property Tax Levy Agreement
MOTION BY DEPUTY MAYOR BURBIDGE TO APPROVE CONSENT ITEMS A -H;
COUNCILMEMBER DUCLOS SECOND.
Councilmember Honda pulled item (g) HUD Section 108 Loan Guarantee Program Funding
Agreement.
The main motion to approve items a -f; and h passed unanimously as follows:
Deputy Mayor Burbidge yes
Councilmember Assefa- Dawson yes
Councilmember Maloney yes
Councilmember Honda yes
Councilmember Celski yes
Councilmember Moore yes
Councilmember Duclos yes
Item g /HUD Section 108 Loan Guarantee Program Funding Agreement:
Councilmember Honda stated she would not be supportive of this item as it is a loan.
MOTION MADE BY DEPUTY MAYOR BURBIDGE TO APPROVE CONSENT ITEM G /HUD
SECTION 108 LOAN GUARANTEE PROGRAM FUNDING; COUNCILMEMBER DUCLOS
SECOND. The motion passed 6 -1 as follows:
Deputy Mayor Burbidge yes Councilmember Celski yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda no
6. COUNCIL BUSINESS
a. Resolution: Creation of Federal Way Economic Redevelopment Zone
Federal Way City Council Regular Minutes Page 4 of 7
September 2, 2014
Finance Director Ade Ariwoola stated the Resolution if approved will classify a portion of the
downtown as a Redevelopment Zone in order to better qualify for New Market Tax Credits.
Council asked clarifying questions of staff, including unintended consequences and if this is a
requirement for eligibility for the credits. Chief of Staff Brian Wilson stated with the additional
coaching and counseling from both the new Finance Director and new Economic
Development Director they are finding processes which will help our chances of funding. Mr.
Ariwoola stated he does not foresee any additional consequences to other businesses as this
is stating the city is planning on putting funding in this area for redevelopment purposes.
Interim City Attorney Amy Jo Pearsall also responded to Council question regarding the
moratorium; which this resolution will not affect.
COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED RESOLUTION TO
CREATE AN ECONOMIC REDEVELOPMENT ZONE; COUNCILMEMBER CELSKI SECOND.
The motion passed unanimously as follows:
Deputy Mayor Burbidge yes
Councilmember Assefa- Dawson yes
Councilmember Maloney yes
Councilmember Honda yes
Councilmember Celski yes
Councilmember Moore yes
Councilmember Duclos yes
b. Town Square Playground Equipment - TABLED
Council discussed the option of tabling this discussion until they had options back from
Nakano regarding plans and estimates.
COUNCILMEMBER DUCLOS MOVED TO TABLE THIS ITEM TO COME BACK TO COUNCIL
AFTER THE NAKANO PLAN AND OPTIONS HAVE BEEN PRESENTED; COUNCILMEMBER
HONDA SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Celski yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
7. ORDINANCES
First Reading
a. CB #656 — Rate Structure for Surface Water Utility Rate Adjustment
An Ordinance of the City of Federal Way, Washington, amending the rate structure for
storm and surface water utility by 12% and adding an annual CPl adjusted rate increase
thereafter. (Amending Ordinance Nos. 90 -32, 91 -117, 96 -277, and 02 -433)
Interim Deputy Public Works Director Will Appleton gave a brief presentation to Council regarding
utility taxes that the city collects. He outlined the mission and responsibilities of Surface Water
Management; the Funding; Proposed Rate Increase and the SWM Rate Structure Comparison. Mr.
Appleton stated to meet the objectives including permit requirements; aging infrastructure; and state
mandates the staff is recommending that a rate increase of 12% be implemented in 2015, followed by
an annual rate increase tied to the June CPI thereafter. Councilmembers thanked Mr. Appleton for his
presentation.
Deputy City Clerk Stephanie Courtney read the ordinance title into the record.
Federal Way City Council Regular Minutes Page S of 7
September 2, 2014
COUNCILMEMBER CELSKI MOVED COUNCIL BILL #656 — RATE STRUCTURE FOR SURFACE
WATER UTILITY RATE ADJUSTMENT TO SECOND READING /ENACTMENT AT THE
SEPTEMBER 16, 2014 COUNCIL MEETING; COUNCILMEMBER MALONEY SECOND. The motion
passed unanimously as follows:
Deputy Mayor Burbidge yes
Councilmember Assefa- Dawson yes
Councilmember Maloney yes
Councilmember Honda yes
Councilmember Celski yes
Councilmember Moore yes
Councilmember Duclos yes
Second Reading
b. CB# 654 — Zayo Group LLC, Franchise Amendment
An Ordinance of the City Council of the City of Federal Way, Washington, Amending the
Nonexclusive franchise granted to Zayo Group, LLC, to occupy rights -of -way of the City
of Federal Way, Washington, within the specified franchise area for the purposes of
installing fiber optic network within and through the City of Federal Way (Amending Ord.
No. 13- 738)
Deputy City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORINANCE;
COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes
Councilmember Assefa - Dawson yes
Councilmember Maloney yes
Councilmember Honda yes
8. COUNCIL REPORTS
Councilmember Duclos had no report this evening.
Councilmember Celski yes
Councilmember Moore yes
Councilmember Duclos yes
Councilmember Moore spoke to the history and importance of Labor Day and thanked the Mayor and
Council for being supportive of the inclusive work environment model and looks forward to a Council
Resolution.
Councilmember Celski announced he would be participating in the Reach -Out Homeless Shelter
fundraising breakfast on September 9th at the Christian Faith Center. He noted the next meeting of the
Land Use/Transportation Committee will be September 8th at 5:30pm.
Councilmember Honda reported on the upcoming workshop which is a requirement for groups or
individuals applying for a Contract for Services funding. The Workshop is September 10th from 6 -7pm
and is not only helpful for questions regarding the process; but a requirement of submission. She
spoke about the Chili Cook off September 27th at the Farmers Market; and reported the next meeting
of the Parks, Recreation, Human Services, Public Safety Council Committee meeting is Tuesday,
September 9th at 5pm.
Councilmember Maloney stated she is anxiously awaiting the new Economic Development Director
Tim Johnson whom she will be handing over the Rebranding Initiative and the College Initiative to
oversight. She is excited about the feedback received and is looking forward to focus group and
Federal Way City Council Regular Minutes Page 6 of 7
September 2, 2014
surveys to gather more public input. She thanked Councilmembers, staff members and community
members who have been working on these goals.
Counci[member Assefa- Dawson wished everyone a happy Ethiopian New Years on September 11th.
Mayor Ferrell encouraged citizens to attend the meet and greet with the City Attorney interviews on
Thursday, September 4th at 6pm.
Deputy Mayor Burbidge reported on her attendance along with Congressman Adam Smith and
Representative Dave Reichert at a Youth Homelessness Roundtable. She announced a ribbon -
cutting ceremony for the local Roasting Company Cafe D'arte and spoke to the King County Public
Health budget cuts and the issues of fairness for all tax payers in the county.
9. ADJOURNMENT
There being nothing further to come before the City Council, Mayor Ferrell adjourned the regular
meeting at 9:57pm.
Attest:
Stephanie Courtney, CMC, Deputy City Clerk
Approved by Council:
Federal Way City Council Regular Minutes Page 7 of 7
September 2, 2014
COUNCIL MEETING DATE: September 16, 2014 ITEM #: 5 U
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2014 — 2015 NTS CONTRACT — CHANGE ORDER
POLICY QUESTION: Should the Council Authorize the addition of 2013 Panther Lake NTS Project to the
2014 — 2015 NTS Contract?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 8, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: ERIK PRESTON, P.E. — SENIOR TRAFFIC ENGINES DEPT: Public Works
Attachments: Memorandum to Land Use and Transportation Committee dated September 8, 2014
Options Considered:
1. Authorize staff to add the 2013 Panther Lake NTS Project to the 2014- 2015 NTS Contract with Asphalt
Patch System, Inc. as a change order in the amount of $90,000.00, and Authorize the Mayor to execute
the contract.
2. Do not authorize to add the 2013 Panther Lake NTS Project to the 2014- 2015 NTS Contract and
provide direction to staff.
_..... .... ... ....._._ _ ......
MAYOR'S RECOMMENDATION: The mayor recommends Option 1 be forwarded to the September 16, 2014
Council Consent Agenda for approval.
"
MAYOR APPROVAL: J �� �ib✓w. , �ru/ RIKECTOR APPROVAL:
Committee Council �11'v� n a1 /Date
Initial,Date Initial /Date
CHIEF OF STAFF: 10, /--1, d 614 1�'VJY
Cot Coun
In. t Initial/ ate
COMMITTEE RECOMMENDATION: 1 move to forward Option I to the Septemberl6, 2014 Council Consent
Agenda for approval.
"V� �-' (-64;�7 /�� /1' "-
Bob Celski, Chair . Kelly N44loney, Member I) jadia Assefa- P)awson,Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to add the 2013 Panther Lake NTS Project to the
2014- 2015 NTS Contract with Asphalt Patch System, Inc. as a change order in the amount of $90,000.00, and
Authorize the Mayor to execute the contract. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
Isr reading
❑ TABLED /DEFERRED /NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances oido
ORDINANCE #
RF V I S E D— 02/06/2006
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 8, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Director of Public Works
Erik Preston, P.E., Senior Traffic Engineer "
SUBJECT: 2014-2015 NTS Program Contract — Change Order
BACKGROUND:
As part of the 2013 Panther Lake NTS project, the Council approved the construction of two mini - roundabouts
to be built on SW 330d' Street at the 3`d and 6d' Avenue SW intersections. The Council also approved to fund the
project through the Traffic Safety Fund in the amount of $90,000.
The Contractor for the 2014 -2015 NTS Program has agreed to complete this project using the same unit prices
in the 2014 -2015 NTS Program bid. The Contractor also provided pricing for items that are not part of the
original bid. See attached unit price breakdown for the 2013 Panther Lake NTS project.
The existing contract is currently limited to $80,000 over the term of the contract, ending December 31, 2015
and does not have capacity for this project. Therefore staff recommends authorizing a change -order to the
existing 2014 -2015 NTS Program contract in the amount of $90,000, increasing the total contract amount from
$80,000 to $170,000 to cover the construction of two mini - roundabouts on SW 330th Street for the 2013 Panther
Lake NTS project.
N
O
V
COUNCIL MEETING DATE: Septemberl6, 2014 ITEM #: Ell
........ _ ......... ......... .... ............ ..................... ....... .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2014 Asphalt Overlay Project — Final Acceptance
POLICY QUESTION: Should the Council accept the 2014 Asphalt Overlay Project constructed by ICON
Materials as complete?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 8, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jeff Huynh, Street Systems Engmeer� DEPT Public Works
Attachments: Memorandum to Land Use and Transportation Committee dated September 8, 2014
Options Considered:
1. Authorize final acceptance of the 2014 Asphalt Overlay Project constructed by ICON Materials, in the
amount of $1,396,568.81 as complete.
2. Do not authorize final acceptance of the completed 2014 Asphalt Overlay Project constructed by ICON
Materials as complete and provide direction to staff.
MAYOR'S RECOMMENDATION: The mayor recommends Option 1 be forwarded to the Septemberl6, 2014
Council Consent Agenda for approval.
MAYOR APPROVAL: 14 4, 4y,1 �/�N7��� /D/IRECTOR APPROVAL:
Committee Council 104 � �ate
Init. ED at Initial /Date
CHIEF OF STAFF: '641-1 y '%. W"
tee Council
[niti /Date Initial /Date
COMMITTEE RECOMMENDATION: I move to forward Option I to the Septemberl6, 2014 Council Consent
Age; d for approval.
Bob Celski. Chair Kell alonev. Membe ydia Asse Dawson, Member
PROPOSED COUNCIL MOTION: " I move approval of final acceptance of the 2014 Asphalt Overlay Project
constructed by ICON Materials, in the amount of $1,396,568.81as complete. "
(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 4
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 8, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Public Works Director
Jeff Huynh, Street Systems Engineer
SUBJECT: 2014 Asphalt Overlay Project — Project Acceptance
BACKGROUND:
Prior to release of retainage on a Public Works construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The 2014 Asphalt Overlay Project contract with ICON Materials is complete. The final
construction contract amount is $1,396,568.81. This is $233,361.19 below the $1,629,930 (including
contingency) budget that was approved by the City Council on March 18, 2014.
cc: Project File
Central File
K:ALUTC'2014 \09 -08 -14 2014 Asphalt Overlay project - Project Acceptance.doc
SUBJECT: 2015 Asphalt Overlay Program Preliminary Project List and Authorization to Bid
POLICY QUESTION: Should the Council approve the 2015 Asphalt Overlay Program Preliminary Project List, and
authorize staff to proceed with the design and bid of the proposed 2015 Asphalt Overlay Program?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 8, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY Jeff Huynh Street Systems Engineer - DEPT: Public Works
z....... ......... __ .......
Attachments: Land Use and Transportation Committee memorandum dated September 8, 2014.
Options Considered:
1. Approve the list of streets for the 2015 Asphalt Overlay Project as presented. Furthermore, authorize
staff to bid all or part of the 2015 Asphalt Overlay Project, returning with a request for permission to
award the project within the available 2015 Asphalt Overlay Budget to the lowest responsive,
responsible bidder.
2. Direct staff to modify the preliminary list and return to Committee for further action.
MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the September 16, 2014 City
Council Consent Agenda for approval.
MAYOR APPROVAL: A✓x// JA"ll < DIRECTOR APPROVAL:
Committee Council � l4.)o',A .,.
Initial /Date Initial /Date
CHIEF OF STAFF: ,(1, /�/ /I+, ► !�i/��iy
Co Council
Initia a e Initial /Date
COMMITTEE RECOMMENDATION: I move to forward Option I to the September 16, 2014 Council Consent Agenda
PROPOSED COUNCIL MOTION: "I move to approve the list of streets for the 2015 Asphalt Overlay Project as
presented. Furthermore, authorize staff to bid all or part of the 2015 Asphalt Overlay Project, returning with a
request for permission to award the project within the available 2015 Asphalt Overlay Budget to the lowest
responsive, responsible bidder. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL
ACTION:
❑
APPROVED
COUNCIL BILL#
❑
DENIED
IST reading
❑
TABLED /DEFERRED /NO ACTION
Enactment reading _
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
- 02/06/2006
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 8, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Public Works Director
Jeff Huynh, Street Systems Engineer
SUBJECT: 2015 Asphalt Overlay Program Preliminary Project List and Authorization to Bid
BACKGROUND:
Public Works staff has developed a list of recommended streets for the 2015 Asphalt Overlay Program. The
total estimated budget for the program is $1,801,267 and is comprised of the following:
• 2015 Proposed Overlay Budget $1,515,000
• 2015 Structures Budget $166,267
• 2014 Carry Forward (estimate) $120,000
TOTAL FUNDING AVAILABLE $1,801,267
The transfer of the $166,267 from the structures budget is for the City's annual Sidewalk Maintenance
Program, and will cover the costs associated with the replacement of substandard wheelchair ramps, and
repairing existing curb, gutter, and sidewalks within the overlay project area.
The following is a preliminary list of streets to be included in the 2015 Asphalt Overlay Program. The streets
were selected using the City's Pavement Management System and were verified by field reconnaissance. The
costs shown are estimated and will be refined as the design of each schedule is completed. A project vicinity
map and more detailed area maps are attached for your information.
SCHEDULE
DESCRIPTION
AMOUNT
A
SW 320th Street — 47th Ave SW to 42nd Ave SW
$253,000
B
SW 3201h Street — 42nd Ave SW to 36th Ave SW
$382,000
C
SW 3201h Street — 36th Ave SW to 30th Ave SW
$339,000
D
Twin Lakes Highlands
$328,000
E
1st Ave South — S 3481h Street to S 356"' Street
$310,000
ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS:
$1,612,000
5% Construction Contingency
$80,600
Pavement Management System
$55,000
In -house Design
$60,000
Construction Administration
$100,000
City's Administrative Fee
$66,368
Printing and Advertising
$3,500
ESTIMATED TOTAL PROGRAM COST:
$1,977,468
The estimated cost of $1,977,468 is a preliminary figure used for estimating purposes only and includes
construction administration, five percent construction contingency, in -house design and construction
management, printing and advertising. The 2015 Asphalt Overlay Project will be awarded within the available
overlay program budget.
Once Council approves the list of streets for the Overlay Program, staff will begin the final design. The
anticipated date for advertising is January 2015, with construction beginning in April 20 15.
Map Date: August 2014
City of Federal
City Of 2015 ASPHALT OVERLAY PROJECT 33325 8th Ave Say
Federal Wa Federal Way, Wa.98003
(P) 253 - 835 -7000
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A R9�EC1�20_1_5. V Ma - -Sch I�E.mxd ___
SUBJECT: LAKOTA MIDDLE SCHOOL 13TH AVENUE SW SIDEWALK CONNECTION PROJECT - PROJECT ACCEPTANCE
POLICY QUESTION: Should the Council accept the `Lakota Middle School 13th Avenue SW Sidewalk Connection
Project' constructed by Road Construction Northwest, Inc. as complete?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 8, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY Christine J Mullen, P .et Systems Project Engineer DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated September 8, 2014.
Options Considered:
1. Authorize final acceptance of the `Lakota Middle School 13th Avenue SW Sidewalk Connection Project'
constructed by Road Construction Northwest, Inc., in the amount of $137,763.74 as complete.
2. Do not authorize final acceptance of the completed `Lakota Middle School 13th Avenue SW Sidewalk
Connection Project' constructed by Road Construction Northwest, Inc. as complete and provide direction to
staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the September 16, 2014 City
Council Consent Agenda for approval. ' '
MAYOR APPROVAL: ./ l k J /T,�i/�!� IJI DIRECTOR APPROVAL: 1
Conmmtt e Council n tial /Date
Initia to Initial/Date
CHIEF OF STAFF: �,/—&
nmittee Council A*v
nitlwl /Date Initial /Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 16, 2014 City Council consent
agenda for approval.
Bob Ce ski, Chair Kelly, aloney, Member ( dia Assef awson, Member
PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the 'Lakota Middy School 13th Avenue
SW Sidewalk Connection Project' constructed by Road Construction Northwest, Inc., in the amount of $137,763.74
as complete. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IaT reading
❑ TABLED /DEFERRED /NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/20 10 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 8, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Public Works Director
Christine Mullen, P.E., Street Systems Project Enginee
SUBJECT: Lakota Middle School 131" Ave SW Sidewalk Connection roject — Project acceptance
BACKGROUND
The City Council must accept the work on a Public Works construction project as complete to meet State
Department of Revenue and State Department of Labor and Industries requirements. The " Lakota Middle
School 13th Ave SW Sidewalk Connection Project" contract with Road Construction Northwest, Inc. is
complete. The final construction contract amount is $137,763.74. This is $44,423.76 below the
$182,187.50 (including contingency) budget that was approved by the City Council on May 20, 2014.
COUNCIL MEETING DATE: September 16, 2014 ITEM #: SF
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: S328TH ST AT 1ST AVE S INTERSECTION IMPROVEMENTS — 30% DESIGN STATUS REPORT
POLICY QUESTION: Should the Council authorize staff to proceed with the design of the S328th St at 1st Ave S
Intersection Improvements Project and return to the LUTC and Council at the 85% design completion for further reports
and authorization?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 8, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY Christine J. Mullen, P. ., reet Systems Project Engineer DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated September 8, 2014.
Options Considered:
1. Authorize staff to proceed with the design of the S328th St at 1St Ave S. Intersection Improvements
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: The Mayor recommends forwarding Option 1 to the September 16, 2014 City
Council Consent Agenda for aimroval. II
MAYOR APPROVAL :�Ilq ll,6 Q 4f lit! /t�yr� /6, E� �D[RECTOR APPROVAL:
Coma ittee Council �7
CHIEF OF STAFF: &Ih4/1i!
Conunitt CouncP
COMMITTEE RECOMMENDATION: I move to forward Option I to the September 16, 2014 City Council consent
agenda for approval.
Bob Celski. Chair Kell-flMalonev, Member r4ydia Asse awson, Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the S328th St at 1st Ave S
Intersection Improvements 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
IST reading
❑ TABLED /DEFERRED /NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances on!_v)
ORDINANCE #
REVISED — 08/12/20 10
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 8, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Public Works Director
Christine Mullen, P.E., Street Systems Project Engineer CWA
SUBJECT: S328th St at 1" Ave S Intersection Improvements — 30% De ign Status Report
BACKGROUND:
This project will construct a traffic signal and a northbound right turn lane at the intersection of S328th St and
15` Ave Ave S. This may require right -of -way acquisition from one parcel.
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%
• SEPA Documentation and Submittals
• Right -of -Way Acquisition if needed
PROJECT ESTIMATED EXPENDITURES:
Design
$239,000
Right -of -Way Acquisition
32,000
2014 Construction Cost
1,500,000
10% Construction Contingency
150,000
10% Construction Management
150,000
TOTAL PROJECT COSTS
$2,071,000
AVAILABLE FUNDING:
Mitigation Fee
$33,000
Budgeted City Funds in 2013
$200,000
TOTAL AVAILABLE BUDGET
$233,000
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 not scheduled for
construction at this time. Construction funding needs to be identified.
COUNCIL MEETING DATE: September 16, 2014 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: S356TH ST — PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY IMPROVEMENT PROJECT - 30%
STATUS REPORT
POLICY QUESTION: Should the Council authorize staff to proceed with the design of the S356th St — Pacific Highway
South to Enchanted Parkway Improvement Project and return to the LUTC and Council at the 85% design completion
for further reports and authorization?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: September 8, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY John Mulkey, .P E .. Interim Street Systems Manager-50""
ana er 50"" DEPT: Public Works
............
Attachments: Land Use and Transportation Committee memorandum dated September 8, 2014
Options Considered:
1. Authorize staff to proceed with the design of the S356th St — Pacific Highway South to Enchanted
Parkway Improvement 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: The Mayor recommends forwarding Option 1 to the tember 16, 2014 City
Council Consent Agenda for approval.
MAYOR APPROVAL :1—J/C 4,1 /'7i1� �Q�7 IRECTORAPPROVAL:
Comm' ee Council
Initial ate Initial,Date
CHIEF OF STAFF:
Initial Date Initial, Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 16, 2014 City Council consent
agenda for approval.
14
v� -
ob Celski. Chair KeI14N alonev. Membeel Avdia Asse Da on, Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the S356th St — Pacific
Highway South to Enchanted Parkway Improvement 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
IST reading
❑ TABLED /DEFERRED /NO ACTION
Enactment reading
❑ MOVED TO SECOND READING ('ordinances onlo
ORDINANCE #
REVISED — 081112/20 10
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 8, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Public Works Director
John Mulkey, P.E., Interim Street Systems Manager ->fLV'—
SUBJECT: S356th Street — Pacific Highway South to Enchanted Parkway Improvement Project — 30%
Status Report
BACKGROUND
This project would result in the construction of a continuous 5 -lane urban arterial with bike lanes between
Pacific Highway South and Enchanted Parkway. The project will also include utility relocation, storm
drainage improvements, paving, curb and gutter, sidewalk, street lighting, traffic signal modification,
signing, channelization, and landscaping.
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
• Project Design to 30%
• NEPA and Biological Assessment Documentations
• The Geotechnical Investigation
Ongoing Tasks Include:
• NEPA and Biological Assessment Documentations submittal and Project Permitting
• Channelization plans submittal and approval by WSDOT
• The Environmental Site Assessment (ESA) Phase I
• Environmental Site Assessment (ESA) Phase II if needed
• Right of Way Requirements (Property Appraisals, Review Appraisals, Negotiation, and
Acquisition)
• Project Design to 85%
PROJECT EXPENDITURES:
Planning and Design
$ 500,000
Right of Way Acquisition
260,000
Year 2014 Construction
4,180,000
10% Construction Contingency
418,000
Construction Management (12.5 %)
522,500
TOTAL PROJECT COSTS: $5,880,500
Land Use and Transportation Committee
S356th Street — Pacific Highway South to Enchanted Parkway Improvement Project — 30% Status Report
April 1, 2013
Page 2 of 2
AVAILABLE FUNDING:
Budgeted City Fund (Year 2013) $1,000,000
Impact Fee 95,800
Interest Earnings 1,813
TOTAL AVAILABLE BUDGET: $1,097,613
PROJECT BUDGET SHORTFALL: - $4,782,887
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 not
scheduled for construction at this time. Construction funding needs to be identified.
Cc: Project File
Day File
K:ALUTC\20 t4 \09 -08 -14 S 356th Street - Pac Hwy to Enchanted 30% Status.doc
SUBJECT: KC RSO COST REIMBURSEMENT AGREEMENT
POLICY QUESTION: Should the City Of Federal Way /Federal Way Police Department accept the Register
Sex Offender (RSO) Overtime Cost Reimbursement Agreement from the King County Sheriff's Office?
COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: Sept. 9, 2014
Council Committee - (PRHS &PS)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT ... B... .... .Y.....: L nette Allen Executive Assistant DEPT: Police
._. y ............._.................................._........._.._................................_..........................................................................................................................................................................._...................__....................................._......_..........._......... ...............................
Attachments:
1. PRHS &PS Staff Memo
Options Considered:
1. Accept the KC RSO Cost Reimbursement Grant
2. Re'ect the KC RSO Cost Reimbursement Grant
...... J ............................................................................................................................................-............................................................................................................................................................................................................................................................................. ...............................
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL: ��T�4/lh �IRECTOR APPROVAL: 5�
omm, ittee Council
Initial
CHIEF OF STAFF: A1"a"l >y �-4 S144ptL
Commi tee Council
COMMITTEE RECOMMENDATION: "I move to forward the RSO Overtime Cost Reimbursement Agreement
between the Federal Way Police Department and the King County Sheriff's Office to the September 16, 2014
Council agenda for approval. "
Committee Chair Committee Member U Committee Member
PROPOSED COUNCIL MOTION: "I move to accept the RSO Overtime Cost Reimbursement Agreement between
the Federal Way Police Department and the King County Sheriff's Office and authorize the Chief of Police to
sign such 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 — 08/12/2010 RESOLUTION 4
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 9, 2014
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: KC RSO Grant Funding
The Federal Way Police Department (FWPD) is seeking grant funding from the King County
Sheriff's Department in support of the Federal Way Police Department's Registered Sex
Offender and Kidnapping Offender Address and Residency Verification Program. The grant is
for reimbursement of overtime expenses incurred while verifying current addresses and
residencies of sex and kidnapping offenders, up to a maximum amount of $34,836.82
FWPD will be partnering with King County Government in implementing multiple program
elements to ensure that sex offenders are in compliance under the guidelines of current laws. A
strong enforcement effort to apprehend and prosecute offenders will help improve the quality of
life for our citizens. We have been participating in the King County RSO Grant Funding since at
least 2009.
Cost Reimbursement Agreement
Executed By
King County Sheriffs Office, a department of
King County, hereinafter referred to as "KCSO,"
Department Authorized Representative:
John Urquhart, Sheriff
King County Sheriff's Office
W -150 King County Courthouse
516 Third Avenue
Seattle, WA 98104
and
Federal Way Police Department, a department of King County, hereinafter referred to as
" "Contractor,"
Department Authorized Representative:
Andy Hwang, Chief of Police
33325 86 Avenue South
PO Box 9718
Federal Way, WA 98063 -9718
WHEREAS, KCSO and Contractor have mutually agreed to work together for the
purpose of verifying the address and residency of registered sex and kidnapping
offenders; and
WHEREAS, the goal of registered sex and kidnapping offender address and residency
verification is to improve public safety by establishing a greater presence and emphasis
by Contractor in King County neighborhoods; and
WHEREAS, as part of this coordinated effort, Contractor will increase immediate and
direct contact with registered sex and kidnapping offenders in their jurisdiction, and
WHEREAS, KCSO is the recipient of a Washington State Registered Sex and
Kidnapping Offender Address and Residency Verification Program grant through the
Washington Association of Sheriffs and Police Chiefs for this purpose, and
WHEREAS, KCSO will oversee efforts undertaken by program participants in King
County;
NOW THEREFORE, the parties hereto agree as follows:
Cost Reimbursement Agreement
KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address
and Residency Verification Program funding to reimburse for expenditures associated
with the Contractor for the verification of registered sex and kidnapping offender address
and residency as set forth below. This Interagency Agreement contains eight (8) Articles:
ARTICLE I. TERM OF AGREEMENT
The term of this Cost Reimbursement Agreement shall commence on July 1, 2014
and shall end on June 30, 2015 unless terminated earlier pursuant to the provisions
hereof.
ARTICLE II. DESCRIPTION OF SERVICES
This agreement is for the purpose of reimbursing the Contractor for participation in
the Registered Sex and Kidnapping Offender Address and Residency Verification
Program. The program's purpose is to verify the address and residency of all
registered sex and kidnapping offenders under RCW 9A.44.130.
The requirement of this program is for face -to -face verification of a registered sex
and kidnapping offender's address at the place of residency. In the case of
• level I offenders, once every twelve months.
• of level II offenders, once every six months.
• of level III offenders, once every three months.
For the purposes of this program unclassified offenders and kidnapping offenders
shall be considered at risk level I, unless in the opinion of the local jurisdiction a
higher classification is in the interest of public safety.
ARTICLE III. REPORTING
Two reports are required in order to receive reimbursement for grant - related
expenditures. Both forms are included as exhibits to this agreement. "Exhibit A" is
the Offender Watch generated "Advanced Verification Request Report" that the sex
or kidnapping offender completes and signs during a face -to -face contact. "Exhibit
B" is an "Officer Contact Worksheet" completed in full by an officer /detective during
each verification contact. Both exhibits representing each contact are due quarterly
and must be complete and received before reimbursement can be made following
the quarter reported.
Original signed report forms are to be submitted by the 5th of the month following
the end of the quarter. The first report is due October 5, 2014.
Page 2 of 5 July 30, 2014
Cost Reimbursement Agreement
Quarterly progress reports shall be delivered to
Attn: Tina Keller, Project Manager
King County Sheriffs Office
500 Fourth Avenue, Suite 200
MIS ADM -SO -0200
Seattle, WA 98104
Phone: 206 - 263 -2122
Email: tina.keller @kingcounty.gov
ARTICLE IV. REIMBURSEMENT
Requests for reimbursement will be made on a monthly basis and shall be forwarded
to KCSO by the l0a' of the month following the billing period.
Overtime reimbursements for personnel assigned to the Registered Sex and
Kidnapping Offender Address and Residency Verification Program will be calculated
at the usual rate for which the individual's' time would be compensated in the
absence of this agreement.
Each request for reimbursement will include the name, rank, overtime compensation
rate, number of reimbursable hours claimed and the dates of those hours for each
officer for whom reimbursement is sought. Each reimbursement request must be
accompanied by a certification signed by an appropriate supervisor of the department
that the request has been personally reviewed, that the information described in the
request is accurate, and the personnel for whom reimbursement is claimed were
working on an overtime basis for the Registered Sex and Kidnapping Offender
Address and Residency Verification Program.
Overtime and all other expenditures under this Agreement are restricted to the
following criteria:
1. For the purpose of verifying the address and residency of registered sex
and kidnapping offenders; and
2. For the goal of improving public safety by establishing a greater presence
and emphasis in King County neighborhoods; and
3. For increasing immediate and direct contact with registered sex and
kidnapping offenders in their jurisdiction
Any non - overtime related expenditures must be pre- approved by KCSO. Your
request for pre- approval must include: 1) The item you would like to purchase,
2) The purpose of the item, 3) The cost of the item you would like to purchase. You
may send this request for pre - approval in email format. Requests for reimbursement
Page 3 of 5 July 30, 2014
Cost Reimbursement Agreement
from KCSO for the above non - overtime expenditures must be accompanied by a
spreadsheet detailing the expenditures as well as a vendor's invoice and a packing
slip. The packing slip must be signed by an authorized representative of the
Contractor.
All costs must be included in the request for reimbursement and be within the overall
contract amount. Over expenditures for any reason, including additional cost of sales
tax, shipping, or installation, will be the responsibility of the Contractor.
Requests for reimbursement must be sent to
Attn: Tina Keller, Project Manager
King County Sheriff's Office
500 Fourth Avenue, Suite 200
MIS ADM -SO -0200
Seattle, WA 98104
Phone: 206 - 263 -2122
Email: tina.keller @kingcounty.gov
The maximum amount to be paid under this cost reimbursement agreement shall not
exceed Thirty Four Thousand Eight Hundred Thirty Six Dollars and Eighty Two
Cents ($34,836.82). Expenditures exceeding the maximum amount shall be the
responsibility of Contractor. All requests for reimbursement must be received by
KCSO by July 31, 2015 to be payable.
ARTICLE V. WITNESS STATEMENTS
"Exhibit C" is a "Sex/Kidnapping Offender Address and Residency Verification
Program Witness Statement Form." This form is to be completed by any witnesses
encountered during a contact when the offender is suspected of not living at the
registered address and there is a resulting felony "Failure to Register as a Sex
Offender" case to be referred /filed with the KCPAO. Unless, due to extenuating
circumstances the witness is incapable of writing out their own statement, the
contacting officer /detective will have the witness write and sign the statement in their
own handwriting to contain, verbatim, the information on the witness form.
ARTICLE VI. FILING NON - DISCOVERABLE FACE SHEET
"Exhibit D" is the "Filing Non - Discoverable Face Sheet." This form shall be
attached to each "Felony Failure to Register as a Sex Offender" case that is referred
to the King County Prosecuting Attorney's Office.
ARTICLE VII. SUPPLEMENTING, NOT SUPPLANTING
Funds may not be used to supplant (replace) existing local, state, or Bureau of Indian
Affairs funds that would be spent for identical purposes in the absence of the grant.
Page 4 of 5 July 30, 2014
Cost Reimbursement Agreement
Overtime - To meet this grant condition, you must ensure that:
Overtime exceeds expenditures that the grantee is obligated or funded to pay
in the current budget. Funds currently allocated to pay for overtime may not
be reallocated to other purposes or reimbursed upon the award of a grant.
Additionally, by the conditions of this grant, you are required to track all
overtime funded through the grant
ARTICLE VII. AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in
writing and signed by authorized representatives of the parties hereto. The parties
hereto expressly reserve the right to modify this Agreement, by mutual agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by having their
representatives affix their signatures below.
Federal Way Police Department
Andy Hwang, Chief of Police
Date
Page 5 of 5
KING COUNTY SHERIFF'S
OFFICE
John Urquhart, Sheriff
Date
July 30, 2014
t *A Hi SIT A
User: tina
Fingerprint Available:
Fingerprint Id: Verification Request Page:1
Fingerprint PCN:
Agency: King County WA Administrator: King County Phone: 206 263 -2120 Date: 7/30/2014
Sheriffs Office Sheriffs Office RSO
Unit
Offender Information
Name test , test test
POB
DOB 01/01/1990
Age 24
Sex
Orient
Race No Selection
Nat.
Height
Hair No Selection
Weight
Eyes No Selection
Risk/Class.
Comm.
Registration # 2061343
SSN
Alt Reg #
Drv. Lic. /State I
FBI:
State ID:
Last Verified:
Type
Date
Offender Photo
No Photo
Employment/School
Name Address Supervisor Phone
test 134 5 st , WA 11111
Residence (Bold - Primary Home Address)
123 TEST ST, TEST WA 99999 (Home)
Alias
Phone (Bold - Primary Contact Numbers)
Number Type Description
Scars/Tattoos
Vehicle
Make Model Color', Year License State VIN Comments
Offense
I do hereby attest, under penalties of perjury, that any and all information contained here is
current and accurate on this day of 20
Offender Signature:
Officer Signature:
Date
Witness Signature: Date
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Exhibit C Sex/Kidnapping Offender Address and Residency Verification
Witness Statement for Failure to Register Case
Agency:
Ex- Roomate
My name is and I live at
I have lived here since
(date).
I know (offender) because he used to live with me from
(date) to (date). My relationship with (offender) is
(e.g. friend, family member, etc.)
offender) moved out on
because
I do/ do not know where he moved to. Explain:
New Tenant
My name is
date).
date)
and I live at
I have lived here since
I don't know (offender) and he has never lived here
with me at this address.
Pagel of 2
Exhibit C Sex/Kidnapping Offender Address and Residency Verification
Witness Statement for Failure to Register Case
Manager/ Landlord (only if manager/ landlord knows offender)
My name is
at
date).
offender) moved out on
because
(e.g. moved out, evicted, unit sold, etc.)
I do/ do not know where he moved to. Explain:
There has been a new tenant in that residence since
Signature
The above statement is true and correct to the best of my knowledge.
Signature
Page 2 of 2
Date
_ and I am the manager
(address) since
date)
(date).
EXHIBIT D
WASPC GRANT FILING
NON - DISCOVERABLE
TO: KCPAO — Special Assault Unit — Seattle
DATE:
FROM:
INCIDENT #:
AGENCY:
SUSPECT #1:
DOB:
RACE:
SEX: M ❑ F❑
HGT:
WGT:
SUSP #1 ADDRESS:
-T CHARGE: Failure to Register as a Sex Offender
DATE OF CRIME:
VICTIM #1: State of Washington
DOB:
VICTIM #2:
DOB:
INTERVIEWED BY: NO ONE
DPA NAME:
TYPE OF CASE: FTR - Failure To Register OTHER TYPE:
THIS CASE IS BEING REFERRED FOR THE FOLLOWING REASONS
I I I FILING OF CHARGES: - Comments: I
❑ DECLINE: - Comments:
WASPC STATISTICAL REPORTING TO KCSO
Case Referral Received by KCPAO on this date:
Case filed by KCPAO: YES ❑ NO ❑
Cause Number Assigned:
If no, please indicate why:
Other Explanation:
COUNCIL MEETING DATE: September 16, 2014 ITEM #: 6j,
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: SKFR — APPENDIX TO INTERLOCAL AGREEMENT FOR FWPD USE OF A PORTION OF FIRE
STATION #63
POLICY QUESTION: Should the City of Federal Way /Police Department be allowed to enter into an Appendix
to the Interlocal Agreement with South King Fire and Rescue (SKFR) to use a portion of Fire Station #63 for
motorcycle training?
COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: Sept. 9, 2014
Council Committee - (PRHS &PS)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: ANDY HWANG, CHIEF OF POLICE DEPT: Police Department
. .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......... . .................... . . . . . . . . . . . . . . . . ................... . . . . . . .................................... . . . . . . ..... ......... ................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attachments:
1. PRHS &PS Staff Memo
Options Considered:
1. Accept Appendix to Interlocal Agreement with SKFR
2. .DI o not accept Appendix to the Interlocal Agreement with SKFR
........................._._.... ............................... . ......... . -- . . ........ _ ....... . ... . ... _ ...... . .......
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL: D,Ak �%�tr+ / /,�, /Z [RECTOR APPROVAL:
• Committee Council Initial
CHIEF OF STAFF: �
Committee Council
COMMITTEE RECOMMENDATION: "I move to forward the Appendix to the Interlocal Agreement between South
King Fire and Rescue (SKFR) and the Federal Way Police Department to the September 16, 2014 Council Cun5�.,V
agenda for approval. "
LA
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to accept the Appendix to the Interlocal Agreement between South
King Fire and Rescue (SKFR) and the Federal Way Police Department authorizing motorcycle training at Fire
Station #63, and authorize the Chief of Police to sign such 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 — 02/06/2006
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 9, 2014
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: SKFR — Appendix to Interlocal Agreement for FWPD to use a portion of Fire
Station #63 for motorcycle training
Background
The Federal Way Police Department (FWPD) utilizes South King Fire and Rescue (SKFR)
Station #63 as a Sub - Station. FWPD has placed a work station in Fire Station #63 and is
permitted to access the common areas. The Appendix to this agreement will allow FWPD to
utilize Fire Station #63 parking lot surrounding the facilities for motorcycle training.
APPENDIX TO INTERLOCAL AGREEMENT BETWEEN SOUTH
KING FIRE AND RESCUE (SKFR) AND FEDERAL WAY POLICE
DEPARTMENT (FWPD)
In furtherance of permitting FWPD to conduct motorcycle training on SKFR facilities,
the parties stipulate to the following appendix:
Hereinafter, the same hold harmless provisions delineated at Section 7 of
the Interlocal Agreement shall apply to all space encompassed within the
parking lot surrounding the facilities of SKFR at Fire Station # 63, located
at 33414 21st Ave. SW. This parking lot is heretofore considered the
"premises" of Fire Station # 63, as contemplated by Section 7 of the
Interlocal Agreement.
Dated this Day of
For SKFR:
of 72014
• ' KVI
Allen Church, Fire Chief Andy Hwang, Chief of Police
COUNCIL MEETING DATE: September 3, 2013
ITEM #:
............ ..._.....
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: SKFR — INTERLOCAL AGREEMENT FOR FWPD USE OF A PORTION OF FIRE STATION #63
POLICY QUESTION: Should the City of Federal Way /Police Department be allowed to enter into an
Agreement with South King Fire and Rescue (SKFR) to use a portion of Fire Station 963 as a sub - station?
COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: August 13,
Council Committee - (PRHS &PS) 2013
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: ANDY HWANG, DEPUTY CHIEF OF POLICE DEPT: Police Department
. .... ..... .. . ..... ........... ......... ....._ _._
Attachments:
1. PRHS &PS Staff Memo
Options Considered:
1. Accept Interlocal Agreement with SKFR
2. Do not accept Agreement with SKFR
MAYOR'S RECOMMENDATION: /
CITY MANAGER APPROVAL: —`% DIRECTOR APPROVAL:13A�,� l,�l
Conuni �f Cour d CC)! t� Council
COMMITTEE RECOMMENDATION: I move to forward the Interlocal Agreement between thd Federal Way Police
Department and South King Fire and Rescue for the use of a portion of Fire Station #63 for a sub - station to the
September 3, 2013 Council agenda for approval.
Committee Chair Committee M mber ftcottee Member
PROPOSED COUNCIL MOTION: "I m v to accept the Interlocal Agreement between the Federal PVav Police
Department and South King Fire and Rescue for the use of a portion of Fire Station #63 for a sub- station. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
UNCIL 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
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: August 13, 2013
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: SKFR — Interlocal Agreement for FWPD use of a portion of Fire Station #63
Background
The Federal Way Police Department (FWPD) previously occupied a sub - station in Westway
across the street from South King Fire and Rescue (SKFR) Station #63. FWPD has been
communicating with SKFR to start using their facility as a sub - station and has terminated the use
of the Westway sub - station.
The Federal Way Police Department (FWPD) will place a work station in Fire Station #63 and be
permitted to access the common areas. FWPD is responsible for its own telephone lines,
furniture, office equipment and databases. SKFR will not charge for this space, the only cost is
the setup of office equipment and databases completed by City personnel.
The agreement shall be for the remainder of 2013 and will be automatically renewed on an
annual calendar year basis unless terminated by either parry with a 90 day written notice.
INTER LOCAL AGREEMENT
South King Fire & Rescue (SKFR), hereby enters into this Agreement with the City of
Federal Way Police Department (FWPD), on the following terms and conditions,
allowing for the use of a portion of the premises commonly known as Fire Station #63
(33414 21s` Ave SW), consisting of a work station, and use of related common areas.
1. Premises Occupied. SKFR will allow FWPD to place a work station, in a portion
of the fire station at the above address. FWPD will also be permitted access to the
common areas such as day room, kitchen, exercise room, and rest rooms.
2. Access to Other Services. FWPD is responsible for its own telephone lines and
related costs, and shall have no access to SKFR's telephones or computer
databases. FWPD will be responsible for their own furniture and office
equipment.
3. Network Infrastructure. FWPD will be allowed to use one dedicated pair of
existing fiber optic cable for the sole purpose of connecting necessary
communications equipment (phones, computers, etc.) to the city's network
infrastructure. Use of the single pair is contingent upon its availability and shall
be forfeited if SKFR deems the pair to be unavailable for fire department
purposes. In the event a dedicated fiber pair is unavailable, the FWPD will be
allowed to traverse one pair of fiber using a Virtual LAN (VLAN) solution back
to the city's network infrastructure. The FWPD will be allowed to mount network
equipment in the station's tele- communications closet and rack space within.
Additionally, the FWPD is provided IU rack space in a secured cabinet.
Any modifications to network device placement, network/fiber cable runs, etc.
must be approved by the SKFR Information Systems Division.
4. Term. The term of the agreement shall be for the remainder of 2013. The
agreement will be automatically renewed on an annual calendar year basis unless
sooner terminated by either party with 90 days written notice to the other party.
5. In -Kind. During this initial term, pursuant to RCW 39.34, FWPD will provide
interoperability training on subject matters relevant to the safety of emergency
responders.
6. FWPD Obligations. FWPD shall be responsible for its own personal property
taxes upon computers and other personal property equipment owned or used by
FWPD upon the premises.
7. Hold Harmless /Indemnification. FWPD shall hold harmless and indemnify SKFR
from any and all claims alleging bodily injury or other such casualty or liability
suffered on the premises, and any claims pertaining to the contents of the office,
including furniture and equipment.
�—
Dated this � d+ of CkR , 2013.
For FWPD: // 1'
Title: Chic O i
COUNCIL MEETING DATE: September 16, 2014 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) GRANT — TARGET ZERO
AMENDMENT #2
POLICY QUESTION: Should the City of Federal Way / Federal Way Police accept the additional funding of
$3,528 from WTSC for the Target Zero Teams Project, bringing the total funding to $16,584?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Sept. 9, 2014
SAFETY COUNCIL COMMITTEE (PRHS &PS)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: LYNETTE ALLEN, EXECUTIVE ASSISTANT DEPT: Police
.............................................................................................................................................................................................................................................................................................................................................................._......._........................................................... ...............................
Attachments:
1. PRHS & PS Memo
2. Amendment #2 to MOU between FWPD and WTSC
Options Considered:
1. Accept Proposal
2. Reject Proposal
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL: �%�T�✓+�� &4-4 'J/691 IR ECCTOR APPROVAL: _.
Committee Council /V Initial
CHIEF OF STAFF: lw y 'j• 14
mdtee Council
COMMITTEE RECOMMENDATION: "I move to forward Amendment #2 to the WTSC MOU Target Zero Team
Projects to the September 16, 2014 Council agenda for approval. "
1
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval for the City of Federal Way to accept Amendment 42 to the
WTSC MOU Target Zero Team Projects for additional funding of $3,528, and authorize the Chief of Police to
sign such 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— 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 9, 2014
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Amendment #2 to WTSC Target Zero Team DUI Patrols
Background
The Washington Traffic Safety Commission (WTSC) and the City of Federal Way have an existing
partnership, focused on Target Zero Team Projects. WTSC funding has allowed Federal Way Police
to strengthen DUI and Seatbelt enforcement through overtime funded patrols.
Proposal
The City Of Federal Way accepted a Memorandum of Understanding (MOU) for a term of:
October 01, 2013 through September 30, 2014 for $6,528 at the City Council Meeting on
November 19, 2013, and an additional $6,528 at the Council Meeting on March 18, 2014.
Amendment #2 to the above MOU increases the funded amount by $3,528 bringing the total of
the Grant to $16,584.
hail STA7'�. OF
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AMENDMENT #2 TO
Memorandum of Understanding
BETWEEN
FEDERAL WAY POLICE DEPARTMENT
and
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AMENDMENT #2 is made and entered into by and between
the FEDERAL WAY POLICE DEPARTMENT and the WASHINGTON
TRAFFIC SAFETY COMMISSION (WTSC).
Original Term: October 1, 2013 - September 30, 2014
IT IS THE PURPOSE OF THIS AMENDMENT #2 to increase
the amount of funding available to Federal Way Police Department
for the project titled: Target Zero Teams, South King County Target
Zero Task Forces.
IT IS, THEREFORE, MUTUALLY AGREED THAT:
Term: This Amendment is valid from October 1, 2013 through
September 30, 2014.
CFDA #: The CFDA number for additional funds included in this
Amendment is 20.616.
6. Grant Amount: This Amendment increases by $3,528 the amount
available to the Federal Way Police Department for Target Zero
Teams enforcement. Thus the total amount of funding available to
Federal Way Police Department will be $16,584.
This Amendment #2 will not be binding unless and until it is signed by
persons authorized to bind each of the parties.
Page 1 of 2
IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS
AGREEMENT:
(Federal Way Police Department) (Washington Traffic Safety
Commission)
(Date)
(Date)
Page 2 of 2
SUBJECT: DEA — State and Local HIDTA Task Force Agreement
POLICY QUESTION: Should the City of Federal Way /Police Department enter into the DEA - State and Local
HIDTA Task Force Agreement?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Sept. 9, 2014
SAFETY COUNCIL COMMITTEE (PRHS &PS)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: LYNETTE ALLEN, CHIEF'S EXECUTIVE ASSISTANT DEPT: Police Department
........ .............................................................. ...............................
Attachments:
1. PRHS &PS Committee Memo
2. State and Local HIDTA Task Force Agreement — Appendix F
3. U.S. Department of Justice — Certifications Regarding Lobbying; Debarment, Suspension and Other
Responsibility Matters; and Drug -Free Workplace Requirements.
Options Considered:
1. Accept the DEA Agreement
2. Reject the DEA Agreement
3.
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL• � fi#dl 16.111k, a1� l „DIRECTOR APPROVAL: e'� .
• Committee Council Initial
CHIEF OF STAFF: A, */,0 d Ll d4jA. k11g1'XW
Committee Council
COMMITTEE RECOMMENDATION: "I move to forward the DEA — State and Local HIDTA Task Force Agreement
to the September 16, 2014 Council agenda for approval. "
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to accept the DEA — State and Local HIDTA Task Force Agreement
and authorize the Chief of Police to sign such 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 — 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 9, 2014
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: DEA — State and Local HIDTA Task Force Agreement
Backimound
Narcotics and dangerous drugs have a detrimental effect on the health and well -being of not only the Citizens
in Federal Way but all people throughout Washington and beyond. The US Department of Justice, Drug
Enforcement Administration (DEA) formed a local Task Force to help stop the trafficking of narcotics and
dangerous drugs.
The Federal Way Police Department (FWPD) assigned a Commissioned Officer to the DEA Task Force on
February 8, 2010 and FWPD entered into an Agreement with the State and Local HIDTA for the
reimbursement of overtime for the Officer. The attached Agreement is a continuation of our assigned Officer
and our efforts to control the trafficking of drugs.
This Agreement is effective October 1, 2014 through September 30, 2015and reimburses FWPD for the
Officer's overtime up to $17,374.25.
Appendix F
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
This agreement is made this first (1S) day of October 2014, between the United States
Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Federal
Way Police Department (hereinafter "FWPD "). The DEA is authorized to enter into this
cooperative agreement concerning the use and abuse of controlled substances under the
provisions of 21 U.S.C. § 873.
Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Greater
King County area and that such illegal activity has a substantial and detrimental effect on the
health and general welfare of the people of Washington, the parties hereto agree to the following:
1. The DEA SeaTac HIDTA Task Force (Group D -22) will perform the activities and duties
described below:
a. disrupt the illicit drug traffic in the Greater King County area by immobilizing targeted
violators and trafficking organizations;
b. gather and report intelligence data relating to trafficking in narcotics and dangerous
drugs; and
c. conduct undercover operations where appropriate and engage in other traditional
methods of investigation in order that the task force's activities will result in effective
prosecution before the courts of the United States and the State of Washington.
2. To accomplish the objectives of the DEA SeaTac HIDTA Task Force (Group D -22), the
FWPD agrees to detail one (1 ) experienced officer(s) to the DEA SeaTac HIDTA Task Force
(Group D -22) for a period of not less than two years. During this period of assignment, the
FWPD officer(s) will be under the direct supervision and control of DEA supervisory personnel
assigned to the task force.
3. The FWPD officer(s) assigned to the task force shall adhere to all DEA policies and
procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal
from the task force.
4. The FWPD officer(s) assigned to the task force shall be deputized as task force officer(s) of
DEA pursuant to 21 USC 878.
5. To accomplish the objectives of the DEA SeaTac HIDTA Task Force (Group D -22), DEA will
assign three (3) Special Agents to the task force. HIDTA will also, subject to the availability of
annually appropriated funds or any continuing resolution thereof, provide necessary funds and
equipment to support the activities of the DEA Special Agents and seven (7) officer(s) assigned
to the task force. This support will include: office space, office supplies travel funds, funds for
the purchase of evidence and information, investigative equipment, training and other support
items.
6. During the period of assignment to the DEA SeaTac HIDTA Task Force (Group D -22), the
FWPD will remain responsible for establishing the salaries and benefits, including overtime, of
the FWPD officer(s) assigned to the task force and for making all payments due them. HIDTA
will, subject to availability of funds, reimburse the Federal Way Police Department for overtime
payments made by it to the FWPD officer(s) assigned to the DEA SeaTac HIDTA Task Force
(Group D -22) for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1
(RUS) federal employee, currently $17, 374.25, per officer. Note: Task Force Officer's
overtime "Shall not include any costs for benefits, such as retirement, FICA, and other
expenses. "
7. In no event will the Federal Way Police Department charge any indirect cost rate to DEA for
the administration or implementation of this agreement.
8. The Federal Way Police Department shall maintain on a current basis complete and accurate
records and accounts of all obligations and expenditures of funds under this agreement in
accordance with generally accepted accounting principles and instructions provided by DEA to
facilitate on -site inspection and auditing of such records and accounts.
9. The Federal Way Police Department shall permit and have readily available for examination
and auditing by DEA, the United States Department of Justice, the Comptroller General of the
United States, and any of their duly authorized agents and representatives, any and all records,
documents, accounts, invoices, receipts or expenditures relating to this agreement. The Federal
Way Police Department shall maintain all such reports and records until all litigation, claim,
audits and examinations are completed and resolved, or for a period of three (3) years after
termination of this agreement, whichever is later.
10. The Federal Way Police Department shall comply with Title VI of the Civil Rights Act of
1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as
amended, and all requirements imposed by or pursuant to the regulations of the United States
Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I.
11. The FWPD agrees that an authorized officer or employee will execute and return to DEA the
attached ON Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other
Responsibility Matters; and drug -Free Workplace Requirements. The FWPD acknowledges that
this agreement will not take effect and no federal funds will be awarded until the completed
certification is received.
12. When issuing statements, press releases requests for proposals, bid solicitations and other
documents describing projects or programs funded in whole or part with federal money, the
FWPD shall clearly state: (1) percentage of the total cost of the program or project which will be
financed with federal money and (2) the dollar amount of federal funds for the program or
project.
13. The FWPD understands and agrees that HIDTA will provide the DEA SeaTac HIDTA Task
Force (Group D -22) Officer(s) with vehicles suitable for surveillance. HIDTA through DEA will
furnish mobile radios for installation in the HIDTA Task Force vehicles and HIDTA will assume
the cost of installation and removal. HIDTA will be financially responsible for the purchase of
fuel for the leased vehicles and for providing routine maintenance, i.e., oil changes, lubes and
minor tune -ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and
investigating automobile accidents involving Official Government Vehicles (OGV'S) -HIDTA
lease vehicles shall apply to accidents involving the leased vehicles furnished to the FWPD
personnel, in addition to whatever accident reporting requirements the FWPD may have. If
FWPD provides the Task Force Officer with a vehicle, the Drug Enforcement Administration
will pay for the fuel.
14. While on duty and acting on task force business, the FWPD officer(s) assigned to the HIDTA
task force shall be subject to all DEA and federal government rules, regulations and procedures
governing the use of OGV's for home to work transportation and for personal business. The
HIDTA Executive Committee acknowledges that the United States is liable for the actions of
task force officer, while on duty and acting within the scope of their federal employment, to the
extent permitted by the Federal Torts Claim Act.
15. The term of this agreement shall be effective from the date in paragraph number one until
September 30, 2015. This agreement may be terminated by either party on 30 days advance
written notice. Billing for all outstanding obligations must be received by DEA within 90 days of
the date of termination of this agreement. HIDTA will be responsible only for obligations
incurred by Federal Way Police Department during the term of this agreement.
For the Drug Enforcement Administration:
Date:
Name: Matthew G. Barnes
Title: Special Agent in Charge
For the Federal Way Police Department
Date:
Name: Andy Hwang
Title: Chief of Police
�' ...4 U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
=` OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying and 28 CFR Part 67, "Government -wide Department and Suspension (Nonprocurement) and
Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As e uir d b e {{te�nn 13 2- T'tle 31 of the U S. Code, aaannn�� e en apr o e 11 ap tera tm tf veh'a$ IrJt t nos aee#rrrnegl ato2 FR
(a) No Federal appropriate fupds have been paid or will be paid,
6y or on behalf of the undersi ed, to any person for influencing
or attemptrn tto� influence anrcer or employee fan a encY,
a Mem�ier o� Gprigress, an o firer or employee o? dor gr Ss, rsr
an em lope of a M mbar of C on ress in cpnnection with the
makin� an Federal grant 9p enterrn into of an
coop agiyeement, aria exfen ran, continiation, renew 1,
amendment, or modification of any RederaI grant or cooperative
agreement;
Ofo c+iliaes pig oietotan p rsonita rpns isncrngf or a rri in n
uence an r or e o,yee an�� a enc,Y a e e a ambsel oI xe °s em aflne °ti novVitrhe �so�ecera ryan o°
pmerafrxe aerecnn rihe t�rbceersi ed s all carpe c an
c ivities, in accordance with its mttructions sure o o hying
t �c tipn%ndin�sli ec in fella a+,�urd�doczgtsa d �p Pe 8f at
coaperativenc ureen ens , Snn�s ccontr racy uandrtftgai air sula-
reciP rils shaal�ce r and disclose accor ing�y.
T� I
ffffllON, AND OTHER
Aaas��required b rr�� leemcTuetnivteet d Urdd r 1��5 9, q barmesnpt C ned
�FRclartn7�acti ona67��rentt2ransaFlCtRions Bad Cede ineo atria
A. The applicant certifies that it and its principals:
(a) Are not presentl debarred, suspended, proposed for debar-
merit declar d ine is �rble, sentenced to a denial of Federal
benefits b a tale or�ederal court, or voluntanl excluded from
covered transactions by any Federal department or agency;
u is (Federal . State . qr local) a a do or tr ct and r
i transaction; . �tolation o� ` edefal o is n itrus�
�,,u es fiof commission if (0 e� emen� hei or e
staierr bn sso�t etceiving stolen i property°; recor s, ma ing als�a
Are rWt presentl indi t d f r or th rw ??�� criminal'' or civil
�bg o
garqed i$ car if�icator°oRAe ofpensr s(en nie af3e id prar�g
ra)done not within ubii�ryaeaac#nseoedal,gSttare pc�i faocra °�
erminanec� far causpe or a aU7? anb�
Lt mesnethaspplici icationa he oar �sfiershail atac�f the
exp aria ran to this appp pi ion.
�GRARN 4208IFAW H'N I IVIDUALS)
As le euir d ba e �P Frrr}{en7W�u�larcr{{e for of 1988,sand
dreine� a� � Part 7a 5eetions p61 and�a�f -
as
drugfiree pv,Ira�at rtifies that it will or will continue to provide a
p eP
to P bIishin a stat inent noti{vin em to ees that the
t� law if mact#fa�tu�e is nbution, disp ,�{,nfsi p ssessior , qr
use OT cne S eciffvvi i s��in a is Ryi i e, n hs hgran ee
employees or vic�at10 0 ch prohibition; "'i be a e agains
kb? o ms ablproye%s abooufgoing drug -tree awareness program to
(1) The dangers of drugs abuse in the workplace;
t(2) The grantee's policy of maintaining a drug -free workplace;
ass�sisiartce programs ganunseling, rehabilitation, and employee
(muse P0fairons occutr rr nag in ilia wcrkp�acpe. n employees for drug
denn%rdth� a thcr a -ycear pe�+�'od eced�n this�a I'c {i � c Mak "n dare r merit th each em to ee to be en ed i
en cony e o r h c a ivi , u e ran alga a ai'rsie regtii edoby pa agr pagrantabe given a c�py of the women
outr commrsr aria� ra nr a cri r a rise in con ecti, n wi
arnrng, a empting Too fain, or performing a ) q {he p t r v
{d�poll 1ta tYlt, asma coynition of a ploym n utnaergt�ie grant,
ra ra
eoy wl -
OJP FORM 4061/6 (3 -91) REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement,- and
U, Nify 1he e.mployed in �n iqg of his.or her convi ion for a
I s
a ru the wortplace no
c 17eln8alr d'a�.� i eur suO8hUcr6ri?Y1J') R
ive calm 1� bon,
�egqti in a 'thi
I
e glLrat'lhce rup. i,%wn in�,w
u para phii i�)§ Tlendar da after
gr g e e S ri
e
V' U
losp, rece vi g a ua noti VTC in
M? 0 s )ot1ce { n5tu'l'c' n
il convi 0 es t qrovid
MYS
0 ttlorTil' 0 1 ce, IRVe 6
Y ffro A nl-
n M, 2rg� 1'o�l taTeat6e i en ica . ion
16d shad I Ac -t
�r IcQuIllfila
numbetTs) of each a cted grant;
91 TakM one, of the, following actigns, withi% 30 (5TIendig
respect r
p Ito eceivinol, notice, un su ga?grap (d) wi
any em yee who is sort onvi te .
aking aonr Wri te ,q rsoqnel , aqtion amirift such mn
ON eZn '51en w t e
e , , 'q%n c 0? i*3coassamende?or
reqUoUmeedrivTo 1 it a
300 5th Avenue
Suite 1300
Seattle, WA 98104
Check I rh !re are workplace on file that are not identified
y'n 67 ma 6N ?f the r% ip ovides.that cahgp ee t il
pulation ic rl,�
0 ce'?rPlEgog in eWe. ljc�
Tor le in h ap 3 ion
rte ,
1p
SnOY C
Deep ent 061�yice qB aleswa'ndeg?a gencies
may erp use
0 orm
Check f— if the State has elected to complete OJP Form
40611T
FRAME 999VRnSIVIDUALS)
Requiriri& such empl%le jotpartic�ate satisfactorily" d As re lace FA of 1908, and
C . T
I ! 1' 0 Wo ra merit, u" Cfg �gPB 7 WV ifees, as
a Ile' ',a 1010r qo g&?Wa.
e %eqgwrove 0
eFle
en , 4�e c� g?g g�.gg
or dither appropriate agency; rcemen n a at ediorlis and
A Asa op d t'O n
Making a Ill af the g?nt I q rtify that I will not enaVe in
u m
u
good fait effort to con nue to maintain a dru - free Re a anu g�ure, wffibu ion, dim risinywaocyn; o
0 IF
v
orkplace thr ugh implementation olt� paragraphs (a), (b), (2) (d), ffeu a entro fe subs ante in con i ion wilh
(e), and (1). an
fThe ra t in t acerovidedAelow tge tie B. If convinced of a criminal drug offense resulting from a
0 t e rip ma rise
orml
c'f M nce of =re agne i connection wit e violation occurrin
ride ": granq: ?, during the conduc. of any rant activity, !will
report the conviction in wri ing, within 0 calendar days of the
�nv tion, to: DtFartment ol Justice, within of Justice Programs,
Place ot Pertormance (Street address, city, c T
conviction, esk, 633 Indiana Avenue, N.W., Washington,
coae) country, state, zip A C '
D 10531,
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
Federal Way Police Department
33325 8th Ave South
Federal Way, WA 98003
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
DEA SeaTac HIDTA Task G
Force (Group D-22)
iL�� I 1-3—P —
4. Typed Name and Title of Authorized Representative
Andy Hang - Chief - Federal. Way Police Department
5. Signature 6. Date
SUBJECT: AUTHORIZATION TO FUND KING COUNTY PUBLIC HEALTH CLINIC IN FEDERAL WAY
POLICY QUESTION: Should the City Council approve one -time funding up to $221,000 to continue operations
of the Federal Way Public Health Clinic for 2015?
COMMITTEE: N/A
MEETING DATE:
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Brian Wilson, Chief of Staff DEPT: Mayor's Office
Background:
Federal Way is the 10th largest city in the State, with a population of 90,150. King County is proposing to close
its Public Health Clinic located in Federal Way beginning in 2015 because of budget shortfalls. If the Clinic is
closed, along with the other proposed closure of Auburn, the closest clinic will be located in the City of Kent.
Low income population has fewer mobility choices and is unlikely to travel to Kent for public health services
especially given the proposed Metro service cuts.
The Federal Way Clinic serves approximately 13,700 low income clients, primarily women supporting maternal
and infant health, and children five and under and employees 38 full -time staff. The Federal Way clinic is
critical to the Maternity Support Services (MSS), Infant Case Management (ICM), Women, Infants and Children
(WIC) nutrition services, family planning care, teen pregnancies, sexually transmitted diseases, nutrition services
and of Federal Way's low income population.
Mayor Ferrell has worked with King County Executive Dow Constantine to find a solution that would prevent
the closing of the Federal Way Public Health Clinic, leaving those with the most need without services. The
compromise reached is that the City will cover 30% of the annual operating costs of the Federal Way clinic for
the year 2015, and the County will cover 70 %. Council is requested to authorize the expenditure of up to
$221,000, which represents the 30% share of the operating costs, to King County to keep the Federal Way clinic
open through 2015. This solution is only for the short-term, and in the upcoming months, Mayor Ferrell and
Executive Constantine will continue to work together to find a long -term structural solution county -wide.
Options Considered:
1. Authorize the expenditure of up to $221,000 to King County to fund the Federal Way Public
Health Clinic in 2015.
2. Do not authorize use of City funds to King County for the Federal Way Public Health Clinic.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:
CHIEF OF STAFF:
NIA
Committee
Initial/Date
NIA
Committee
Initial/Date
j , Initia
4A 14
Cou cil
Initial/Date
DIRECTOR APPROVAL: N/A
Initial/Date
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to authorize the expenditure of up to $221,000 to King County to
fund the Federal Way Public Health Clinic in 2015. "
(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: SEPTEMBER 16, 2014 ITEM #:�_
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CONFIRMATION OF ECONOMIC DEVELOPMENT DIRECTOR
POLICY QUESTION: Should the City Council confirm the Mayor's appointment of Tim Johnson as the
Economic Development Director?
COMMITTEE: N/A MEETING DATE:
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Brian Wilson, Chief of Staff DEPT: Mayor's Office
Options Considered:
1. Confirm the appointment of Tim Johnson as the Economic Development Director.
2. Postpone the confirmation and address it at the October 7, 2014, City Council meeting.
3. Do not confirm the appointment of the Economic Development Director, which will result in
the Mayor bringing forward another candidate for confirmation.
MAYOR'S RECOMMENDATION: Confirm the appointment of Tim Johnson as the Economic Development
Director. ��� )
MAYOR APPROVAL:
CHIEF OF STAFF:
/ Initial
itte
&rDate
9
COMMITTEE RECOMMENDATION: N/A
itial/Date
Council
Initial/Date
DIRECTOR APPROVAL:
Initial/Date
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 #
SUBJECT: RE- APPOINTMENTS TO THE PLANNING COMMISSION
POLICY QUESTION: Should the City Council re- appoint members to the Planning Commission?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office
Background: The Planning Commission is comprised of seven members who are residents or property owners
in the city with interest in land use and planning issues and a commitment to the planned development of the
community. Members are appointed by the City Council and serve 4 -year terms without compensation.
Three (3) positions on the Commission have terms that expire September 30, 2014. All three individuals serving
in those positions are seeking re- appointment to the Commission (Hope Elder, Wayne Carlson, and Tom
Medhurst). 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:
I. Re- appoint Hope Elder, Wayne Carlson, and Tom Medhust, to voting positions on the Planning
Commission with terms expiring September 30, 2018.
2. Direct the City Clerk to advertise for additional applicants for the Planning Commission.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A DIRECTOR APPROVAL:
Committee Council Initial/Date
Initial/Date Initial/Date
CHIEF OF STAFF: N/A !�
Committee
Initial/Date Initial /Date
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move the following re- appointments to the Planning 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: September 16, 2014 ITEM #: l Ct
. . . . . . . .............................. . . . . . . . . ... .. . . .................... .............. . 1.1-1.... ................................................. . . . ......................... . . ....................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ... . .. .
............................................................................................................................................................................................................. ...............................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RE- APPOINTMENT & NEW APPOINTMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) LOAN REVIEW ADVISORY COMMITTEE
POLICY QUESTION: Should the City Council re- appoint one member and newly appoint one member to the
CDBG Loan Review Advisory Committee?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY Stephanie Courtney, City Clerk DEPT: Mayor's Office
..._..... ......... . _ ......_ .. ...... ......... _ ....... ..................... ............
Background: The Community Development Block Grant (CDBG) Loan Review Advisory Committee is
comprised of five members that are appointed by the City Council and serve two (2) year terms without
compensation. Persons appointed to the committee shall reside or own a business within the corporate limits of
the City.
There are two (2) voting positions on the Commission with terms expiring August 31, 2014. One member
( Keven Dunn) is seeking re- appointment. The other member whose term expired chose not to re- apply. One new
application was received in response to the City Clerk's vacancy recruitment.
At their September 16, 2014 Special Meeting the Council interviewed one new applicant seeking appointment to
the CDBG Loan Review Advisory Commission. (Ronald Chynoweth).
Options Considered:
1. Re- appoint Keven Dunn, and appoint Ronald Chynoweth as voting members on the Community
Development Block Grant Loan Review Advisory Committee to terms expiring August 31, 2016.
2. Direct the City Clerk to advertise for additional applicants for the CDBG Loan Review Advisory
Committee.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: N/A „Q
l.V[IIIInUGC k,ouncu wunmucc
PROPOSED COUNCIL MOTION: "I move the following re- appointment and appointment to the Community
Development Block Grant Loan Review Advisory Committee .... "
(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 #
RESOLUTION At
COUNCIL MEETING DATE: September 16, 2014 ITEM #:
. ..................................................................................................................... ............................... ................................................................................................................................................................................................................. ...............................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: APPOINTMENT TO THE HUMAN SERVICES COMMISSION
POLICY QUESTION: Should the City Council appoint a new member to the Human Services Commission?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFFREPORT BY. Stephanie Courtney, City DEPT: Mayor's Office
... ................. ....... _..._ ...... ...... ... ..
..........................
Background: The Human Services Commission is comprised of nine voting members that serve three -year
terms. There is one vacant voting position with a term expiring January 31, 2016 on the Commission due to a
resignation submitted on July 27, 2014. One application was received in response to the City Clerk's vacancy
recruitment.
At their September 16, 2014 Special Meeting the Council interviewed one applicant seeking appointment to the
Human Services Commission (Joseph Gomez).
Options Considered:
1. Appoint Joseph Gomez as a voting member of the Human Services Commission to fill an unexpired term
of January 31, 2016.
2. Direct the City Clerk to advertise for additional applicants for the Human Services Commission.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: DIRECTOR APPROVAL:
Committee Council Initial
CHIEF OF STAFF:
Comr 'MCo
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: " "I move the following appointment 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: September 16, 2014 ITEM #: V
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: APPOINTMENT TO THE DIVERSITY COMMISSION
POLICY QUESTION: Should the City Council appoint a new member to the Diversity Commission?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office
.... ..... ................... ....... ....... ............. ............. ... _ ... ................................................. _
BACKGROUND:
The Diversity Commission is comprised of nine voting members who are appointed by the City Council and
serve three -year terms. There is one vacant voting position with a term expiring May 31, 2016 on the
Commission due to a member resignation submitted on July 2, 2014. One application was received in response to
the City Clerk's vacancy recruitment.
At their September 16, 2014 Special Meeting the Council interviewed one applicant seeking appointment to the
Diversity Commission (Christine Lombard).
Options Considered:
1. Appoint Christine Lombard as a voting member of the Diversity Commission to fill the remainder of an
unexpired term of May 31, 2016.
2. Direct the City Clerk to advertise for additional applicants for the Diversity Commission.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A DIRECTOR APPROVAL:
Committee Council Initial
CHIEF OF STAFF: N/A
Committee Coun
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move the following appointments to the Diversity 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 #
VISED — 08/12/2010 RESOLUTION #
COUNCIL MEETING DATE: September 16, 2014 ITEM #: 'la-,-
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: TO AMEND FEDERAL WAY REVISED CODE RELATING TO THE YOUTH
COMMISSION
POLICY QUESTION: Should the City Council amend FWRC 2.60.040 to update eligibility requirements and
provide for alternate members to be appointed on the Youth Commission?
COMMITTEE: Parks, Rec., Human Services & Public Safety MEETING DATE: Sept. 9, 2014
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Amy Jo Pearsall Interim City Attorne _ DEPT: Law
Attachments: Proposed Ordinance
Background: The City Council of the City of Federal Way created a Youth Commission in 1992. The
membership of the Commission currently consists of 12 voting members which are taken from High Schools in
the Federal Way School District. The proposed ordinance would modify the eligibility of the membership to 12
voting members and 3 alternates, and to provide for a more diverse Commission by allowing Sophomores and
Juniors living within the City of Federal Way City limits to be appointed by the Council.
MAYOR'S RECOMMENDA/T�ION:: Enact the proposed ordinance.
MAYOR APPROVAL % D. ` )" �'-)fiwj 4 GDI�iECTOR APPROVAL: z v
Commi a Council ���• Imtlal/Da
Ini i ate itial/Date
CHIEF OF STAFF: E=
Nee Counc'
tial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance for first reading and enactment on
September 16, 2014.
Committee Chair Committee Member Committee ember
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE AND ADOPTION: I move approval and adoption of the proposed ordinance.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL
ACTION:
❑
APPROVED
COUNCIL BILL it
❑
DENIED
1ST reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED— 08/12/2010
RESOLUTION #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
the Youth Commission; amending Federal Way Revised Code 2.60.040.
(Amending Ordinance Nos. 92 -139, 92 -157 and 96 -282 )
WHEREAS, the City Council of the City of Federal Way previously created a Youth
Commission pursuant to Ordinance No. 92 -139; and
WHEREAS, the City Council of the City of Federal Way previously amended Ordinance No.
92 -157 to provide that membership in the Youth Commission was elective as opposed to mandatory;
mi s
WHEREAS, the City Council of the City of Federal Way amended Ordinance No 92 -157 to
identify the schools that the commissioners could attend to be eligible — Federal Way High School,
Decatur High School, Thomas Jefferson High School, Harry S. Truman High School, and Contract
Based Education Institutions; and.
WHEREAS, it is important to provide for the most efficient use of resources in providing
youth services; and
WHEREAS, modifying membership eligibility to students who are residents of Federal Way
provides a diverse commission, opportunity for growth and preparation for Advancing Leadership;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 2.60.040 is hereby amended to read as follows:
2.60.040 Membership.
(1) The youth commission may consist of 123 voting members and 3 alternates
appointed by the city council.
(2) The commission shall serve without compensation.
(3) Each member shall serve a term of two years,
d uFing their teenier veer at a Federal Way High SGheel i whinh pereene shall sewe a
Ordinance No. 14- Page 1 of 3
Rev 1/10
teFFn of one yeaF. The city council shall annually appoint new members to fill the
expiring terms on the youth commission. If, for any reason, a vacancy occurs during the
term of a youth commission member, the city council shall appoint a new member to fill
the unexpired term of that youth commission member. The city council may remove a
youth commission member at any time if the city council determines that member is not
fulfilling his or her responsibilities to the satisfaction of the city council. All members of
the youth commission shall serve until their successors are duly appointed by the city
council.
(4) Persons appointed to serve on the commission shall reside within the Cily of
Federal Way city limits during the members' terms.
(5) The city council will select commission members representing a diverse cross -
section of the service schools. Three Gem may he nhesen #em the c ewiGe
areas of FedeFal Way High School, DeGatuF High SGheel, and Thomas jeffeFsen High
membeF6 TT7mnUy be selecTled from r`„n+r,Gt Based EdUG,+� Sophomores and; juniors
and sen*or-s at a FedeFal Way high sE;hool, oF ninth gFadeFs who will attend a FedeFal
are eligible.
(6) Terms of office run from September 1st to August 31st.
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.
Ordinance No. 14- Page 2 of 3
Rev 1/10
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
2014.
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK,
APPROVED AS TO FORM:
INTERMIN CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 14-
Page 3 of 3
Rev 1/10
COUNCIL MEETING DATE: 11 ITEM #: -
rn eta.- 2e) i............ .. .... .......... ........7 ...................................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RATE STRUCTURE FOR SURFACE WATER UTILITY RATE ADJUSTMENT
POLICY QUESTION: Should Council approve the proposed Ordinance amending the storm water utility rate structure to
include an increase of 12- percent beginning in 2015 and authorize an annual CPI adjusted rate increase each year
thereafter?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 4, 2014
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Will Appleton, P.E., Interim Deputy Director DEPT Public Works I.
Attachments: Land Use and Transportation Committee memorandum dated August 4, 2014, SWM Rate Analysis,
and proposed Ordinance.
Options Considered:
1. Adopt the proposed Ordinance.
2. Reject the proposed Ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the September 2, 2014 City Council
Ordinance Agenda for first grading. N
MAYOR APPROVAL: ( /-/ %i
CHIEF OF STAFF:
DIRECTOR APPROVAL:
y
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on
September 2, 2014.
Member
PROPOSED COUNCIL MOTION:
c
Member
1ST READING OF ORDINANCE (SEPT 2): "I move to forward approval of the ordinance to the September 16, 2014
Council Meeting for adoption
2ND READING OF ORDINANCE (SEPT 16): "1 move approval of the proposed ordinance"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED tsT 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: August 4, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, Public Works Director 40�-�
William Appleton, Interim Deputy Director of Public Works
SUBJECT: Rate Structure for Surface Water Utility Rate Adjustment
BACKGROUND:
The Surface Water Utility has not had a rate increase since 2003 and has one of the lowest surface water
management fee structures in South King County. Increasing NPDES Phase II permit requirements, new
mandates to perform One Call inspections and a need to be proactive regarding the repair and replacement
of aging infrastructure are a few of the more compelling reasons that SWM program costs will continue to
become significantly higher moving forward.
In consideration of this issue, an analysis of the revenue requirements necessary to implement the Surface
Water Management (SWM) comprehensive plan, including the capital improvement program (CIP) over
an 8 -year period (2015 -2022) was performed. This analysis found that to continue meeting its mission, a
surface water management fee increase of 12- percent in 2015 along with an annual CPI based increase
each year thereafter will be necessary.
Provided as Attachment 1, is a detailed discussion of this topic as well as review and comparison of
Federal Way Surface Water Management fees relative to other jurisdictions in the South sound region.
cc: Project File
Day File
Attachment 1
Surface Water Management Rate Adjustment Analysis
Executive Summary
The Surface Water Utility has not had a rate increase since 2003 and has one of the lowest surface water
management fee structures in South King County. Increasing NPDES Phase II permit requirements, new
mandates to perform One Call inspections and a need to be proactive regarding the repair and replacement
of aging infrastructure are a few of the more compelling reasons that SWM program costs will continue to
become significantly higher moving forward. To address this issue, an analysis of the revenue
requirements necessary to implement the Surface Water Management (SWM) comprehensive plan,
including the capital improvement program (CIP) over an 8 -year period (2015 -2022) was performed. This
analysis found that to continue meeting its mission, a surface water management fee increase of 12- percent
in 2015 along with an annual CPI based increase each year thereafter will be necessary.
Background
The Surface Water Utility was formed in February 1990 to accomplish the following mission:
Meet all relevant Federal and State stormwater related regulatory requirements, protect public
health and safety; prevent property damage; protect, preserve, and enhance surface water and
associated habitats; protect groundwater quality and quantity; and to protect and enhance
surface water and sediment quality by controlling and reducing harm from urban hydrologic
changes and stormwater pollutants.
An analysis of the revenue requirements necessary to implement the Surface Water Management (SWM)
comprehensive plan, including the approved CIP over an 8 -year period (2015 -2022) was performed. The
analysis was conducted using program assumptions that would allow the utility to provide the minimum
level of service necessary while continuing to successfully meet its mission statement moving forward.
All Surface Water Management programs, operations and maintenance and other activities are performed
in support of the utility's mission. To continue meeting this mission, funding for the following key
elements will need to be provided for: implementing the approved capital improvement plan (CIP); meeting
new National Pollutant Discharge Elimination System ( NPDES) Phase II Permit requirements, including
regional monitoring program requirements /activities; continued implementation of the required
Underground Utility Locate program; continued assessment and mapping of our stormwater infrastructure
and maintaining current operations and maintenance performance levels. The following assumptions and
associated costs were included in the minimum level of service analysis:
• Implementation of the adopted capital improvement plan (CIP) included as Attachment 1($10.9
million over 8- years);
• Maintain current operation and maintenance level of service ($57,000 for additional Maintenance 1
worker);
• Meet all new state mandates including the NPDES Phase II regional monitoring program
requirement and the Underground Utility Locate requirements ($66,000 for additional SWM
inspector, $45,000 for an inspection vehicle and $62,000 for ongoing annual regional monitoring
costs).
• Provide 50- percent salary support for a Development Services Manager to insure that surface water
related matters are properly addressed within the development arena ($60,500).
A financial projection for the minimum level of service scenario was run and is shown in Figure 1 below:
Ending Fund Balance Projection - Maintain level of Service
8
f
6
6
L
ce
5
�- -
--
ur
E o
4 t
m
7 �
I
C �-
a�
3 - -
a�
6
—10% Increase with 2% CPI
12% Increase with 2% CPI
Year
N N N N N N N N N N N N N N N N N N N N N N N N
O C O O O O O O O O O O O O O O O O O O O O O
to 01 -4 OD �D O r N W A U
Figure 1 — Financial Projection for the Minimum Level of Service Scenario
The financial projection shows that without a rate increase, the utility will drop below required reserve
levels in 2019. Essentially, the annual operational expenditures nearly equal the utility's annual revenue,
which means that very little savings is generated on an annual basis for the purpose of funding the
approved capital improvement program (CIP) and/or expanded operation and maintenance programs
necessary to insure compliance with our NPDES permit.
While SWM unallocated funds have increased since 2010, these savings have resulted from minimization
of the capital improvement program, deferred maintenance, grant funding of multiple projects that were
implemented using in -house staff, and utilization of in -house staff for engineering design and plans and
specifications development. The utility will continue to utilize in -house expertise to the maximum extent
practicable in addition to continuing to aggressively pursue grant opportunities; however, continued grant
-- -- - - -- -- - -- -- —
Emergency /Operational
Reserve Requirement
�- -
--
-,
-No Rate Increase
—7.5% Increase with 2% CPI _
—10% Increase with 2% CPI
12% Increase with 2% CPI
Year
N N N N N N N N N N N N N N N N N N N N N N N N
O C O O O O O O O O O O O O O O O O O O O O O
to 01 -4 OD �D O r N W A U
Figure 1 — Financial Projection for the Minimum Level of Service Scenario
The financial projection shows that without a rate increase, the utility will drop below required reserve
levels in 2019. Essentially, the annual operational expenditures nearly equal the utility's annual revenue,
which means that very little savings is generated on an annual basis for the purpose of funding the
approved capital improvement program (CIP) and/or expanded operation and maintenance programs
necessary to insure compliance with our NPDES permit.
While SWM unallocated funds have increased since 2010, these savings have resulted from minimization
of the capital improvement program, deferred maintenance, grant funding of multiple projects that were
implemented using in -house staff, and utilization of in -house staff for engineering design and plans and
specifications development. The utility will continue to utilize in -house expertise to the maximum extent
practicable in addition to continuing to aggressively pursue grant opportunities; however, continued grant
funding success comparable to the past is not guaranteed in the future and should not be relied upon.
Additionally, it should also be noted that the amount of saving generated over the last 4 -years (2010 -2014)
would fund only one significant CIP project.
Given current operational and capital improvement plans, a rate increase is required to insure adequate
funding to support these programs. Three proposed rate increase scenarios were evaluated for 2015, 7.5, 10
and 12- percent. Each scenario includes an ongoing 2% annual increase to account for inflation and future
increased costs. Based on this analysis, a minimum rate increase of 10 %, implemented in 2015 along with
an annual CPI adjustment (2% was used for the purposes of this analysis) thereafter would likely be
adequate to maintain current levels of service and implement current and anticipated programs beyond
2020.
SWM Funding Overview
In 1990, the SWM Utility began with a discretionary fund provided by King County, of approximately $7.7
million, and an annual surface water management fee structure as shown in Table 1, column three, "1990 ".
It was quickly recognized that the existing rate structure of the City's storm and surface water utility was
not adequate to support the necessary maintenance, operations, and planned capital improvements of the
utility, and rates were increased accordingly in 1992. The most recent rate increase occurred in 2003
resulting in a fee structure that provides approximately $3.4 million in revenue annually.
Category
Impervious
1990
1992
2003
2014
Residential (per parcel)
26.07
70.39
79.03
79.03
Very Light (per parcel)
0 -10%
26.07
70.39
79.03
79.03
Light (per acre)
10 -20%
60.83
164.24
178.98
178.98
Moderate (per acre)
20-45%
126.01
340.23
366.41
366.41
Moderately Heavy (per acre)
45 -65%
243.33
659.99
706.96
706.96
Heavy (per acre)
65 -85%
308.51
832.98
891.19
891.19
Very Heavy (per acre)
85 -100%
404.10
1,091.07
1,166.06
1,166.06
Citv/Countv Roads
per acre
90.44
244.19
264.130
264.13 O
Additional Fee for Billing
per each
3.82
3.82
0.00
0.00
utility tax%
0.000%
0.000%
6.000%
7.750%
Total Residental Fee
29.89
74.21
83.77
85.15
° In 2008, the city discontinued paying a surface water management fee for ROW, which amounted to a reduction in annual
revenue of approximately $154,000; furthermore, this action precludes the SWM utility from charging WSDOT a stormwater fee
for the limited access area that drains to the City's system.
Table 1 - Annual Surface Water Management Fee Schedule for selected years.
Although operations and maintenance, NPDES Phase II Permit requirements and capital improvement
projects continue to expand, there have been no further rate increases since 2003. In 2008, the city
discontinued paying a surface water management fee for ROW, which amounted to a reduction in annual
revenue of approximately $154,000; furthermore, this action precludes the SWM utility from charging
WSDOT a stormwater fee for the limited access area that drains to the City's system.
5150
$130
5170
. Stogie f 1Y annual SWM ter
$90i
I
$50
S30
$t0
-s 10 10°jOI'lill,141.1411511911 111P 11CP llcjl 1411140 ti 1 Off^ 1 5 o ti p'\ 0 c, ti ,10 0•,l D•,v 0•�'� O,�D•
ti ti ti
Figure 2 — Annual surface water management fee (1990 thru 2014) for single family residence. Utility tax
is not included.
Presented in Figure 2, is the annual SWM fee for a single family residence from 1990 thru 2014. The
impact of various rate increases for the first year are shown in Table 2 below which provides current SWM
fee rates, including the utility tax, and the resulting fee amounts with a 7.5- percent, 10- percent and 12-
percent increase. The first year annual impact on an individual residence in Federal Way would be $6.39
for a 7.5- percent increase, $8.52 for a 10- percent increase and $10.22 for a 10- percent increase. SWM fees
collected from residential customers accounts for approximately 48% of revenues while the balance comes
from commercial development.
Category
%
Impervious
Current Rate
(Including
7.75% tax)
7.5% Increase
(Including tax)
10% increase
(including
tax)
12%
increase
(Including
tax)
Residential (per parcel, per year)
$85.15
$91.54
$93.67
$95.37
Very Light (per parcel, per year)
0 -10%
$85.15
$91.54
$93.67
$95.37
Light (per acre, per year)
10 -20%
$192.85
$207.31
$212.14
$215.99
Moderate (per acre, per year)
20 -45%
$394.81
$424.42
$434.29
$442.18
Moderately Heavy (per acre, per year)
45 -65%
$761.75
$818.88
$837.92
$853.16
Heavy (per acre, per year)
65 -85%
$960.26
$1,032.281
$1,056.281
$1,075.49
Very Heavy (per acre, per year)
85- 100%
1 $1,256.43
$1,350.661
$1,382.071
$1,407.20
Table 2 —First year impact of SWM Fee Increase, including 7.75- percent utility tax
SWM Fee Comparison
2014 surface water fees for both residential and commercial facilities within various South Sound
jurisdictions were investigated in order to determine how City of Federal Way fees compared. Shown in
Table 3 is the annual residential surface water fee (pre- utility tax) for nine South Sound cities as well as
King County.
2014 Residential SWM Fee (Per Parcel)
(pre -tax)
$250.00
$ 200.00
$150.00
$100.00
$50.00
$0.00
C
C
y
C r
C
M
C Y N
>(4
C
f6
`- d. l6
t6
CJ
Q.
61
C.
GJ
Q. Q
cC
G
O
v
Q1
ac
N 7
Vf
m T Gl
-0 {n
11�
O
N
N
Q0
C
C
y
LL
ri
ei
O
Z
a Residential Fee (Per
Parcel /year)
■ Proposed Federal Way
Rate Increases
Table 3 — 2014 Annual SWM Residential Fees with Federal Way rate increases.
The surface water fee for the City of Federal Way was found to be the lowest, while Auburn was found to
be highest, which remains the case even with the highest proposed rate increase of 12- percent.
Surface water fees for commercial development are treated differently than residential development;
therefore, this fee structure was also investigated for comparative purposes. Surface water fees for
commercial development are typically calculated based on the amount of impervious surface on the site.
Therefore, in order to compare commercial surface water fees, six different sites in the City of Federal Way
were selected and evaluated under each jurisdictions fee structure. Each site selected represents a different
scenario in terms of the amount of impervious on the site. The resulting fees were calculated and the
jurisdictions ranked in order from highest relative fees to lowest, Table 4.
Jurisdiction
Annual Commercial Fees
Average Commercial
Rate Rank (0 -100)•
1- SeaTac Mall
2- Chase Bank
3 - Fred Meyer
4- Group Health
5- Weyerhaeuser
6- TwinLakesCC
Seattle
Kent
Renton
Normandy Park
Auburn
King County
DesMoines
Burien
Tukwila
SeaTac
Federal Way 12%
Federal Way 10%
Federal Way 7.S%
Federal Way
$126,076.01
$122,975.35
$44,417.90
$85,199.99
$79,362.97
$83,338.36
$68,135.29
$67,734.99
$34,123.77
$42,557.84
$41,243.08
$40,SO6.59
$39,585.99
$36,824.17
$2,835.02
$1,942.14
$915.97
$1,537.81
$1,432.45
$1,778.10
$1,229.80
$1,413.95
$645.88
$864.14
$838.43
$823.46
$804.74
$748.60
$39,041.96
$33,936.34
$16,923.63
$26,871.18
$25,030.25
$24,000.13
$21,489.16
$19,264.82
$11,933.33
$12,586.41
$12,288.66
$12,069.22
$11,794.92
$10,972.02
$33,759.22
$16,180.18
$10,122.97
$14,946.42
$13,922.45
$12,157.31
$11,952.80
$9,903.02
$6,915.33
$5,635.46
55,507.29
$5,408.94
$5,286.01
$4,917.22
$34,136.65
$9,370.07
$14,867.65
$10,386.95
$9,675.35
$8,147.72
$8,306.55
$6,748.51
$5,541.47
$3,996.20
$3,951.02
$3,880.47
$3,792.27
$3,527.70
$132,185.05
$14,602.71
$89,032.39
$16,187.46
$15,078.46
$171.50
$12,945.27.3153
$16,171.29,32,77
$33,184.13
$7,029.87
$88.S1
$86.93
$84.96
$79.03
3
14
.03
0
117
24.96
19.64
17.27
1697
16.58
15.42
Class
Very Heavy
Heavy
M. Heavy
Moderate
ILight
IV. Light
Table 4 — Commercial surface water fee comparison (pre- utility tax).
Federal Way was found to have the lowest commercial surface water fees among the jurisdictions sampled,
which is also the case when the proposed 7.5, 10 and 12- percent rate increases are applied (highlighted in
orange). Commercial surface water fees account for approximately 52- percent of revenue.
SWM Infrastructure Comparison
Each year, the surface water utility continues to expand its infrastructure holdings through the completion
of capital projects, dedications from private development and the identification of previously unknown
facilities found through our mapping and infrastructure assessment programs. Presented in Table 5 is the
amount of surface water related infrastructure that SWM was responsible for in 1990 vs 2014. In nearly all
categories, there has been a significant increase in amount of infrastructure that the utility is responsible for
and this trend is expected to continue.
SWM Infrastructure
1990
2014
Commercial Inspections
330
793
Residential Ponds
85
148
Pipe /ditch (miles)
227
317
Catchbasins
5,400
12,100
Regional Facilities
12
14
Water Quality Facilities in ROW
0
117
Flow Control Vaults in ROW
0
150
Stream Monitoring Locations
2
6
Table 5: SWM Infrastructure
To assess how the City of Federal Way compares to other jurisdictions in the South Sound with respect to
surface water infrastructure and fees collected to maintain it, infrastructure data was gathered from the
same South Sound jurisdictions that participated in the SWM fee comparison. Presented in Table 6, are the
various types of stormwater related infrastructure surveyed and the amount of each type per square mile of
each jurisdiction. A weighting factor was assigned to each type of infrastructure and the resulting sum of
all the weighted infrastructure per square mile was used as an indicator of infrastructure density. The
amount of surface water revenue that each jurisdiction collects on an annual basis was then divided by the
associated infrastructure density, the result of which can be used to provide a meaningful comparison of
how much money each jurisdiction is collecting for an equivalent unit of stormwater infrastructure.
Table 6: Surface Water Infrastructure Comparison
Of those cities surveyed, the City of Kent collects the most revenue in support of their infrastructure
($94.20 per unit), while the City of Federal Way collects the least ($28.20 per unit). All jurisdictions listed
are subject to the requirements of the NPDES Phase I or II permit.
Future Considerations
While maintaining current levels of service with respect to Surface Water Management will provide our
citizens with safe, reliable and functional infrastructure for the immediate future, there are several future
considerations that will ultimately need to be addressed by the utility and which may include significant
costs to the utility beyond what is planned for by maintaining current service levels. Considerations
include: incorporation of the potential annexation area (PAA); the next NPDES Phase II permit; private
infrastructure that conveys both public and private stormwater and aging public infrastructure; a brief
discussion on each is provided below:
Per Square Mile
SWM Fee Revenue
per Infrastructure
Pollution
Cities
Storm
Storm
Tanks &
SWM Fee
Roads
Ditches
Pipe
Control
Outfalls
Maintenance
Structures
Ponds
Vaults
Revenue
Devices
Density 0 -100
Y ( )
Kent
9.27
1.78
9.44
534.05
7.84 5.26
1.73
8.77
$467,973.09
94.2
Tukwila
10.65
1.27
9.45
602.61
0.52 0.52
1.15
8.14
$401,878.9185.6
King County
0.80
0.61
0.14
9.85
0.41 0.26
0.22_
$10,294.12
70.5
Renton
18.98
0.92
10.92
659.22
4.08_
3.78
10.20
$352,591.33
64.6
SeaTac
7.80
1.60
7.60
408.70
0.70 7.90
2.60
3.70
$202,000.00
52.6
Burien
21.16
2.80
13.32
885.98
2.56 5.39
5.93
3.91
$336,927.22
45.1
Normandy Park
5.15
1.35
4.37
229.49
1.95_
1.35
7.04
$83,832.34
41.4
De sM o i n e s
14.00
2.31
16.00
889.69
3.23 34.31
9.38
39.69
$384,615.38
39.3
Auburn
8.19
1.20
8.80
470.86
5.62 7.16
1.54
1.71
$150,552.02
3.9
Federal Way
1 10.84
3.96
10.16
543.10
6.59 5.21
6.68
8.90
$151,380.23
h.2
Table 6: Surface Water Infrastructure Comparison
Of those cities surveyed, the City of Kent collects the most revenue in support of their infrastructure
($94.20 per unit), while the City of Federal Way collects the least ($28.20 per unit). All jurisdictions listed
are subject to the requirements of the NPDES Phase I or II permit.
Future Considerations
While maintaining current levels of service with respect to Surface Water Management will provide our
citizens with safe, reliable and functional infrastructure for the immediate future, there are several future
considerations that will ultimately need to be addressed by the utility and which may include significant
costs to the utility beyond what is planned for by maintaining current service levels. Considerations
include: incorporation of the potential annexation area (PAA); the next NPDES Phase II permit; private
infrastructure that conveys both public and private stormwater and aging public infrastructure; a brief
discussion on each is provided below:
Potential Annexation Areas - In 2003, in anticipation of incorporating the remaining PAA's, SWM
estimated that it would become responsible for approximately 2000 additional catch basin/manhole
structures, 31 miles of open ditch, 42 miles of conveyance pipe, 9 regional facilities, 67 residential facilities
and inspecting 29 additional commercial facilities. While it is not known when the potential annexation
areas will be incorporated, it is clear that there will be significant operations and maintenance costs to the
utility, which are not likely to be offset by the additional SWM fees collected from these mostly rural areas.
Additionally, capital improvement projects totaling $4.6 million were also identified within the PAA.
Future NPDES Permit Requirements - Stormwater runoff has and remains a growing concern with respect
to its impact on our surface waters and ultimately the Puget Sound. The expectation with respect to the
NPDES Phase I and II permit requirements is that these permits will continue to become increasingly more
onerous, requiring that jurisdictions subject to their requirements continue to expand their surface water
related programs in order to remain in compliance. Although it is difficult to predict future costs associated
with the NPDES permits, it is clear that increased costs should be anticipated in the future.
Public vs Private infrastructure - The vast majority of stormwater conveyance infrastructure within the city
is over 40 -years old, this includes private infrastructure which may convey runoff from both private and
public property. As these private conveyance systems reach their useful life and begin to fail, the question
of what shared responsibility the City may have, if any, will be asked. Although City policy is not to accept
private systems unless there is a strong public interest in doing so and the system meets or is brought up to
current City standards, a change in this position could commit that utility to an extremely large future
financial obligation. This issue is expected to rise closer to the surface as private infrastructure ages and
becomes in need of significant repairs.
Conditional Assessment - The utility is currently implementing an asset inspection and conditional
assessment program in an effort to be more proactive with respect to the repair and replacement of aging
and functionally degraded infrastructure. At present, less than 1/5`'' of our conveyance system has been
assessed and already multiple CIP restoration/replacement projects have been identified. As inspections
continue, the costs associated with system repairs and replacements necessary to ensure the safety of the
public and protect public and private property will become clearer; however, it is clear that these costs are
potentially a very high.
Recommendation
The Surface Water Utility requires a rate increase in order to continue providing its current level of service,
implement the adopted CIP program and meet current and future NPDES Phase II Permit requirements. To
ensure that surface water infrastructure is maintained and replaced in a proactive and efficient manner, that
the highest level of water quality is provided in our ROW, that our citizens have ample opportunities to
engage in stormwater and conservation related activities, the utility is recommending a minimum rate
increase of 12- percent in 2015 along with an annual automatic rate increase equivalent to the selected CPI
thereafter.
Attachment 1
Surface Water Management Capital Improvement Program
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ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, amending
the rate structure for storm and surface water utility by 12% and adding
an annual CPI adjusted rate increase thereafter. (Amending Ordinance
Nos. 90 -32, 91 -117, 96 -277, and 02 -433 )
WHEREAS, RCW 35.67 authorizes the City to establish a Storm Water Utility; and
WHEREAS, the City of Federal Way established a Storm and Surface Water Utility by Ordinance
90 -32; and
WHEREAS; the Federal Way City Council amended the rate structure of the Storm and Surface Water
Utility by Ordinance No. 91 -117 to adequately support the necessary maintenance, operations, and capital
improvement of the surface and storm water management system; and
WHEREAS; the Federal Way City Council amended the rate structure of the Storm and Surface Water
Utility by Ordinance No. 96 -277 to include a utility tax by Ordinance No. 95 -257 to fund a transportation bond
levied on all provisions of utility services within the City except for water and sewer; and
WHEREAS; the Federal Way City Council amended the rate structure of the Storm and Surface Water
Utility by Ordinance No. 02 -433 to adequately support the necessary maintenance, operation, and capital
improvements of the surface and storm water management system; and
WHEREAS; in response to the need to continue complying with Federal Clean Water Act
requirements the National Pollutant Discharge Elimination System (NPDES) Phase H Permit and State
mandated utility locate requirements; and
WHEREAS, the City Storm Water Utility conducted an evaluation of the rate structure in 2014 and
determined the current rate structure does not adequately support the necessary maintenance, operation, and
capital improvements of the surface and storm water management system; and
Ordinance No. 14- Page 1 of 6
Rev 1/10 LU
WHEREAS, the Federal Way City Council finds it is in the best interest of the citizens to increase the
utility rates by 12% effective January 1, 2015 and include a CPI adjusted rate increase each year thereafter, to
fully and adequately support the City's Storm Water Utility needs;
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 11.45.030 of Federal Way Revised Code is hereby amended to read as follows:
11.45.030 Service Area Annual Service Charge.
There is hereby imposed upon all developed properties in the service area an annual service charges for
2015 as follows:
Class
Percentage
*
NA
Residential (R)*
NA
Ver-y light (;11=)
A--- -1$°10
Very light (VL)
Light
0-10%
io 2
(L41A
Light (L) **
10-20%
MedeFate (M)**
29 459;
Moderate (M) **
20-45%
(A)/Year
n r,.ao_„tely heavy (Mg++*
45 659 0
Moderately heave (MH) **
45-65%
65
(A)
$200.46 (A)
Q2i)
Heavy (9)&A
Heave (H) **
-8594
65-85%
$31.80 A
$54:79(A)
Vef- r he (N'144**
85 -- 40-01;
Very heavy (VH) **
85-100%
Ordinance No. 14-
Rate /Parcel (P)
or Acre
Utility Tax
(A)/Year
(7.75 %)
$88.51 (P)
$6.86(P)
(P)
88.51 P
$8.98
6.86 P
$13-87
(A)
$200.46 (A)
Q2i)
(A)
$15.54 A
$28
$410.38 (A)
$706.96
$31.80 A
$54:79(A)
(A)
$791.80 (A)
$891.14 (A)
$61.36 A
$69.07 (A)
$998.13 (A) $77.36 A
$1,66-06( $90.97 (A)
$1,305.99 (A) $101.21 (A)
Page 2 of 6
Rev 1 /10 LU
City or county roads NA NA NA
State highways NA * ** NA
* Parcel is owned by and is the personal residence of a person or persons determined by the public works
director as qualified for a low income senior citizen property tax exemption under RCW 84.36.381, the
parcel shall be exempt from the service charge.
** The minimum service charge for 2015 shall be $85:15/paFeeWyeaf $95.37 /parcel/year (utility tax
included). The marciamm apAw service charge for 2015 for mobile home parks shall be $34.49 $38.53
(utility tax included) times per the number of mobile home spaces.
* ** The rate charged to the State Department of Transportation will be determined in accordance with
RCW 90.03.525.
Beginning in 2016 and each year thereafter, the annual service charge shall increase by the June CPI of the
preceding_ year.
Section 2. Section 11.45.070 of Federal Way Revised Code is hereby amended to read as follows:
11.45.070 Request for Rate Adjustments — Conditions for Approval.
Requests for rate adjustment may be granted or approved by the public works director only when one of
the following conditions exists:
(1) The parcel is owned and is the personal residence of a person or persons determined by the public
works director as qualified for a low income senior citizen property tax exemption authorized under RCW
84.36.381; parcels qualifying hereunder shall be exempt from all charges imposed in FWRC 11.45.010
through 11.45.050;
(2) The acreage of the parcel charged is in error;
(3) The parcel is nonresidential and the actual impervious surface coverage of the parcel charged places it
in a different rate category than the rate category assigned by the public works director;
Ordinance No. 14- Page 3 of 6
Rev U10 10 LU
(4) The parcel is nonresidential and the parcel meets the definition of open space in FWRC 11.05.010.
Property qualifying under this division will be charged only for the area of impervious surface and at the
rate which the parcel is classified under using the total parcel acreage;
(5) The parcel is served by one or more retention/detention facilities required pursuant to the provisions of
FWRC Title 16, or can be demonstrated by the property owner to provide detention/retention of
stormwater to the standards set forth in FWRC Title 16 and maintained at the expenses of the parcel owner
to the standards required by the city; nonresidential parcels except in the light rate category qualifying
under this division shall be charged at the rate of one lower rate category than it is classified by its
percentage of impervious surface coverage. Nonresidential parcels in the light category qualifying under
this division shall be charged eA the Fate of S70.34 40- percent of the current light category rate, per acre per
year (plus utility tax). Residential parcels and parcels in the very light category qualifying under this
division shall be charged $99.51 50 - percent of the current per parcel per year rate (plus utility tax);
(6) A parcel contains a stream, creek, lake, pond or wetland that has been identified in an adopted drainage
basin plan as an important stormwater control facility; provided, that the parcel owner provides annual
maintenance to the standard required by the city. Parcels qualifying hereunder shall be granted a discount
in the manner set forth in subsection (5) of this section. However, parcels qualifying under subsections (5)
and (6) of this section shall receive only one rate class discount, whichever is the greater;
(7) A parcel is divided by the boundary of the service area and the impervious surfaces of the parcel are
outside of the service area. Property qualifying hereunder shall be exempt from the rates and charges of the
ordinance;
(8) A parcel is divided by the boundary of the service area and the impervious surfaces of the parcel are
outside of the service area; parcels qualifying hereunder shall be charges as otherwise provided herein on
the basis of the lands and impervious surfaces which drain into the service area;
(9) The rate or service charge is otherwise erroneous in applying the terms of this division;
(10) A parcel is served by a stormwater treatment facility which holds a current national pollutant
discharge elimination system (NPDES) permit under the authority of the Clean Water Act of 1982, Section
402, specifically for the treatment of stormwater from the parcel and such system discharges directly into
Puget Sound, without in any way utilizing any other stormwater conveyance or storage facilities. Parcels
Ordinance No. 14- Page 4 of 6
Rev 1 /10 LU
qualifying hereunder will be charged only for the area of impervious surface not served by the stormwater
treatment facility and at the rate based upon the unserved portion of the parcel;
(11) A parcel is owned or leased by a public school district which provides activities which directly benefit
the surface water management utility. The activities may include curriculum specific to the issues and
problems of surface water management, and student activities in the community to expose students to the
efforts required to restore, monitor or enhance the surface water management system. The amount of the
rate adjustment shall be determined by the public works director based upon the cost of the activities to the
school district but not to exceed the value of the activity to the surface water management utility. The rate
adjustment for the school district activity may be applied to any parcel in the service area which is owned
or operated by the school district.
Section 3. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity
of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the
ordinance, or the validity of its application to other persons or circumstances.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
Ordinance No. 14- Page S of 6
Rev 1 /10 LU
PASSED by the City Council of the City of Federal Way this
20
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
INTERIM CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
k: \lutc\2014 \08 -04 -14 swm rate increase ordinance.doc
Ordinance No. 14-
day of
Page 6 of 6
Rev 1 /10 LU