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Council PKT 05-19-2015 Regular JRQTi (</' .. ` ar l Way.% 25th m Mni..nary S.0 f�C CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall May 19, 2015 — 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. "World Vision Day" • Proclamation • Recognition of World Vision —Video and Presentation by Drew Clark, Humanitarian and Emergency Affairs Division of World Vision b. Proclamation: Relay for Life— May 29th c. Mayor's Emerging Issues and Report • 25th Anniversary Celebration • Blue Star Marker Unveiling—Celebration Park • Neighborhood Connection Recap—May 14th Olympic View Elem • Touch a Truck Recap • Farmer's Market Opening Day Report • Marine Hills Parade Report • Federal Way Coalition Against Trafficking (FWCAT) Family 5K Report Y 9 9 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: May 5, 2015 Regular and Special Meetings ...page 3 b. 21st Ave S Pedestrian Improvements—30% Design Status Report ...page 13 c. S 352"d Street Extension (Pacific Highway S to Enchanted Pkwy S) Project— Lakehaven Utility District Design and Construction Interlocal Agreement ...page 15 The Council may add items and take action on items not listed on the agenda. d. S 356th Street— Pacific Highway South to Enchanted Parkway Improvement Project— Lakehaven Utility District Design and Construction Interlocal Agreement ...page 20 e. S 320th Street (Veteran's Way) Entrance Sign — Project Acceptance ...page 44 f. 20th Ave S at S 314th Street Traffic Signal Relocation —PSE Utility Relocation Agreement ...page 46 g. Resolution: Set Public Hearing for Transportation Improvement Plan ...page 61 h. 2015 Human Services Commission Work Plan ...page 66 i. FARO (Total Station) Maintenance Agreement ...page 69 j. MOU Between Washington State Department of Health and the Federal Way Police Department ...page 71 6. COUNCIL BUSINESS a. Resolution: Sound Transit Alignment ...page 100 b. Proposed Letter to Sound Transit Board Regarding the City's Preferred I-5 Alignment and Corresponding Station Locations ...page 107 7. ORDINANCES First Reading/Enactment ...page 110 a. Council Bill#681/Amending FWRC 13.43.020 to Establish Maximum Allowable Grass and Weed Height AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO THE REGULATION OF PROPERTY UNDER THE INTERNATIONAL PROPERTY MAINTENANCE CODE;AMENDING CHAPTER 13.43 FWRC. (AMENDING ORDINANCE NO. 13-743) Second Reading/Enactment ...page 117 b. Council Bill #679/Amending FWRC 1.15.060 Appeal to Hearing Examiner AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO THE FEE ASSOCIATED WITH APPEALS OF AN ORDER TO CEASE ACTIVITY OR A NOTICE AND ORDER;AMENDING FWRC 1.15.060(AMENDING ORDINANCE 09-597) c. Council Bill #680/Lakehaven Utility District Franchise Extension ...page 124 AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON,GRANTING LAKEHAVEN UTILITY DISTRICT, A MUNICIPAL CORPORATION, AN EXTENSION TO A NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON,THROUGH THE FRANCHISE AREA FOR THE PURPOSE OF OPERATING A WATER AND SEWER SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY. 8. COUNCIL REPORTS 9. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. COUNCIL MEETING DATE: May 19,2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes of the May 5, 2015 Regular and Special 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, City Clerk DEPT: Mayor's Office Attachments: Draft minutes from the May 5, 2015 Regular and Special City Council Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. .................................................................................................................................................................................................................................................................................. ................... MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: 1 , Committee Council N/A N/A CHIEF OF STAFF: 1 Committee Council COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—10/01/2014 RESOLUTION# PST X04 OJT Federal Way `,oc, ` � �C 724,? CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall May 5, 2015 — 5:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Special Meeting to order at the hour of 5:36 pm Y p 9 p City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge,Councilmember Lydia Assefa-Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Martin Moore and Councilmember Dini Duclos. Councilmember Bob Celski participated in the meeting telephonically from a remote location. City staff in attendance: City Attorney Amy Jo Pearsall and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE William Cho led the flag salute. 3. SOUND TRANSIT ALIGNMENT AND POSSIBLE STATION LOCATIONS Public Works Director Marwan Salloum gave a brief introduction and introduced Sound Transit's Federal Way Extension Project Manager Cathal Ridge. Mr. Ridge showed a short video simulation (available on Sound Transit's website)which gave visual renderings of the various alignment options and station location alternatives. He noted the comment period is now open until May 26th and no decisions have been made by the Board at this time. Councilmembers asked various questions regarding relocation of effected residents or businesses; the project costs and future funding estimates;frequency of stops along each option;and probability of a ballot measure for ST3 which would provide funding to continue the light rail project further south. Mr. Ridge noted they are obligated by Federal law to accommodate property owners with "same or better". He confirmed all cost estimates (as industry standard) are in today's dollars with escalation costs built in. He stated there are currently 3 stations on either alignment based on funding. Chelsea Levy, Sound Transit Government Relations noted there are discussions; however no action has been taken by the Board to propose a ST3 ballot measure. Federal Way City Council Special Minutes Page 1 of 2 May 5, 2015 City Traffic Engineer Rick Perez gave a brief PowerPoint presentation regarding the light rail alignment and the Mayor's Recommendation. He reviewed the • Cost estimates; • Affected Parcels; • Business Displacements; • Employee Displacements; • Visually Impacted Residents; • Noise Impacts; • Ridership; • Travel times; • Impact to property tax revenue; • Improvements already made to the SR99 corridor; • Duplication of the Metro Line A on SR99; • Weak market support for Transit Oriented Development at 272nd Station; and • Potential of undevelopable remnant parcels Based on these various elements; Mr. Perez noted the Mayor's Recommendation is an 1-5 Alignment with proximity to the Federal Way Transit Center and pedestrian connections to other trip generators within the area. He further presented a new option of a raised station location coming into the downtown adjacent to S. 317th and heading north and south on 231d Street.The station would straddle 320th Street to provide access to both sides of the main arterial. This would provide convenient and visible access to and from the station as well as providing many other amenities. Citizen Comment: William Cho, owner/operator of the 320th Street McDonalds noted he employees 90 workers in one of the busiest McDonalds in Washington State. He noted the McDonalds Corporation owns the land and this location is irreplaceable. This building also has a basement which he uses for training and offices. He urged the Council and Sound Transit to consider and station location be located on the West side of 23'. Councilmembers thanked Mr. Cho for attending tonight's meeting and speaking and for employing so many of the city's residents. City Attorney Amy Jo Pearsall briefly reviewed a draft resolution which will be on the June 2nd Council agenda for action. She noted the Resolution was discussed at the last Finance, Economic Development, and Regional Affairs Committee meeting. The draft Resolution supports an 1-5 alignment. 4. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Special meeting at 6:44 p.m. Attest: Stephanie D. Courtney, CMC City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 May 5, 2015 iJ 'Federal Way % 4 25th alc N.7.9 ��S p► CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall May 5, 2015 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Regular Meeting to order at the hour of 7:06 pm City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge,Councilmember Lydia Assefa-Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Martin Moore and Councilmember Dini Duclos. Councilmember Bob Celski participated in the meeting telephonically from a remote location. City staff in attendance: City Attorney Amy Jo Pearsall and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Dick Mayer led the flag salute. 3. PRESENTATIONS a. Promotional Ceremony and Oath of Office for Deputy Chief Steve Neal Chief Hwang was pleased to introduce and give history on the long law enforcement career of new Deputy Chief Steve Neal. Mayor Ferrell administered the Oath of Office to Deputy Chief and congratulated him. b. Certificate of Re-Appointment to Parks & Recreation Commission Councilmember Honda read and presented Parks Commissioner Mark Koppang with his Certificate of Re-Appointment to the Parks and Recreation Commission with a term through April 30, 2018. Mr. Koppang thanked the Mayor and Council and noted there are great opportunities for involvement in the city. c. Mayor's Emerging Issues and Report Mayor Ferrell reported on the first Neighborhood Connection Meeting of 2015 held at Adelaide Elementary School. He was happy to report approximately 85 citizens came out to get an update on important issues in the city including police services, traffic and current projects. He noted the next Neighborhood Connection Meeting will be at Olympic View Elementary School on May 14th at 6pm. The Mayor also was pleased to report on the recent State of the County Address hosted at the Federal Way City Council Regular Minutes Page 1 of 7 May S, 2015 Federal Way Community Center. The program welcomed the King County Councilmembers and the County Executive Dow Constantine who spoke on important issues facing King County. He asked Parks Director John Hutton to report on the upcoming Touch a Truck Event and Parks Appreciation Day. Mr. Hutton encouraged everyone to attend the 2nd annual Touch a Truck Event at Town Square Park on Saturday, May 16th beginning at 11:30 am. Other events that day include Blue Poppy Days, Dedication of the Blue Star Memorial Marker at Celebration Park; and the Federal Way Coalition against Trafficking Family 5K Walk/Run. Mr. Hutton also thanked the 221 volunteers who donated over 563 man hours at 4 separate locations including Adelaide Park, Celebration Park, Lakota, and West Hylebos Wetlands. He also thanked the DaVita volunteers for their efforts at Dumas Bay Centre. Mayor Ferrell asked Councilmember Honda to provide an update on the grand opening of the Federal Way Farmer's Market. Councilmember Honda noted the market opens Saturday, May 9th and runs through October in the Sears parking lot at the Commons Mall. She noted there will be High School Bands performing at the market and reminded citizens the fruits and veggies get better as the season continues. Mayor Ferrell reported he was honored to meet with Governor Inslee along with Deputy Mayor Burbidge, Councilmember Maloney, and Councilmember Moore for the signing of the TPA Bill which will allow up to $400,000 a year in marketing dollars for our community. Deputy Mayor Burbidge noted this was important legislation for our city as there were no neighboring cities to partner with;she thanked all that worked hard on this bill. Code Compliance Office John Fairbanks reported on the first ever"Let's Paint Federal Way" event which utilized over a 100 volunteers from all walks of life that came together Saturday, April 25th and worked to beautify an aging fence which borders the right of way on 21st Ave S. He spoke to thank many individuals, organizations and businesses including: • Dwight and Shelley Pauls who gave support and coordination for the event • Sgt. James Kalkstein and the US Army Recruiting Station • Hee Jung Lee and the Federal Way Korean-American Parents Association • Hollie Shilley and the Federal Way Youth Ecology • Pastor Joe Bowman and the Integrity Life Church • Federal Way Police Department • South King Fire and Rescue • Councilmember Susan Honda and Key Club Members • Mayor Ferrell, Councilmember Kelly Maloney and Councilmember Martin Moore • CityVision and numerous additional volunteers from group, churches and community members from Federal Way and surrounding communities. Paint, Supplies, and snacks were donated by: • Jesse Ficks, Dale Sharp and Chris Shilley from Ski's Painting in Kent supplied (22)5 gallons of paint • World Vision supplied 200+ paint brushes and gloves • Advancing Leadership supplied brushes, rollers and roller handles • Vaughn Wright and Costa Vida Federal Way donated Sweet Pork Tacos • Kind Snack bars donation • Federal Way Police Officer Guild donated water and ice • Federal Way Public Schools use of their parking lot for staging purposes The Mayor and Councilmembers noted the incredible transformation and thanked Mr. Fairbanks for his efforts in organizing this project. Federal Way City Council Regular Minutes Page 2 of 7 May 5, 2015 4. CITIZEN COMMENT Dr. Art Mclrvin, submitted written comments where were read by the City Clerk who referenced a report from the National Institutes of Health regarding the increase in use of marijuana among youth since legalization in Washington. Jim Stiles, with all the development in Federal Way, he does not feel the image of city should include marijuana shops. Norma Blanchard, spoke to Council regarding her desire to see term limits for Councilmembers and the Mayor. Richard Conant, distributed materials and spoke regarding the multiple adverse effects of marijuana use among youth. He asked the Council to ban marijuana and not take an advisory g Y marijuana rY vote. Patricia Conant, discussed the history of Democracy and feels the Council should make the decision to ban marijuana in the city and not put this issue to a public vote. Jani Estrada, discussed the long and short term effects of marijuana and asked the Council to ban marijuana related retail stores in Federal Way. Debbie Sabin, resident and teacher in the community feels students are being affected by the use of marijuana and have grown more detached in the last few years. She asked Council to ban retail stores in 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: April 21, 2015 Regular and Special Meeting Minutes b. Monthly Financial Report— March 2015 c. Vouchers—March 2015 d. Resolution: Safekeeping Agreement— US Bank APPROVED RESOLUTION#15-683 e. Resolution: Cooperative Purchasing with U.S. General Services Administration (GSA) APPROVED RESOLUTION#15-684 f. Resolution: Amend Fund Balance Reserve Policy APPROVED RESOLUTION#15- 682 g. Parks Equipment to be Purchased with Replacement Reserves DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A- G AS PRESENTED; SECOND BY COUNCILMEMBER MOORE. 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 Federal Way City Council Regular Minutes Page 3 of 7 May 5, 2015 6. ORDINANCES First Reading a. Council Bill #679/Amending FWRC 1.15.060 Appeal to Hearing Examiner AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON RELATING TO THE FEE ASSOCIATED WITH APPEALS OF AN ORDER TO CEASE ACTIVITY OR A NOTICE AND ORDER;AMENDING FWRC 1.15.060(AMENDING ORDINANCE 09-597) City Attorney Amy Jo Pearsall noted this was a housekeeping item to clarify changes made to the fee schedule. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DUCLOS MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE MAY 19TH MEETING FOR ENACTMENT; SECOND BY COUNCILMEMBER MALONEY. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes b. Council Bill #680/Lakehaven Utility District Franchise Extension AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON,GRANTING LAKEHAVEN UTILITY DISTRICT, A MUNICIPAL CORPORATION, AN EXTENSION TO A NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON,THROUGH THE FRANCHISE AREA FOR THE PURPOSE OF OPERATING A WATER AND SEWER SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY. City Attorney Amy Jo Pearsall noted this was an extension through the end of the year which will enable time to negotiate a longer term extension. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DUCLOS MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE MAY 19TH MEETING FOR ENACTMENT; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes Second Reading/Enactment c. Council Bill #674/Vacate a Portion of S 336th Street APPROVED ORDINANCE#15-790 AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON,RELATING TO VACATING A PORTION OF SOUTH 336TH STREET LOCATED ON THE SOUTH SIDE OF 13TH AVE SOUTH,WEST OF 13TH AVENUE SOUTH,ADJACENT TO LOT 1 BLA 201409159000251 AT FEDERAL WAY. City Clerk Stephanie Courtney read the ordinance title into the record. Federal Way City Council Regular Minutes Page 4 of 7 May 5, 2015 COUNCILMEMBER CELSKI MOVED TO APPROVE THE PROPOSED ORDINANCE;SECOND BY COUNCILMEMBER DUCLOS. 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 d. Council Bill #675/ Proposed Code Amendment Related to the Regulation of Adult Family Homes Under FWRC 19.105.080 APPROVED ORDINANCE #15-791 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE REGULATION OF ADULT FAMILY HOMES; AMENDING FWRC 19.105.080 (AMENDING ORDINANCE NO. 09-605 City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER CELSKI MOVED TO APPROVE THE PROPOSED ORDINANCE;SECOND BY COUNCILMEMBER MALONEY. 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 e. Council Bill #676/Christian Faith Center Franchise Extension APPROVED ORDINANCE #15-792 AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON, EXTENDING THE TERM OF THE FRANCHISE AGREEMENT ESTABLISHED IN ORDINANCE 05-489 AND GRANTING CHRISTIAN FAITH CENTER NONEXCLUSIVE RIGHTS TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY,WITHIN THE SPECIFIED FRANCHISE AREA FOR PURPOSES OF CONSTRUCTION,MAINTAINING,REPAIRING,OPERATING,AND REMOVING CABLE,VOICE, DATA, MECHANICAL AND FIRE ALARM CONDUITS WITHIN AND THROUGH CERTAIN RIGHTS-OF-WAY AND STREETS WITHIN THE CITY OF FEDERAL WAY. (AMENDING ORDINANCE NO. 05-489) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER CELSKI MOVED TO APPROVE THE PROPOSED ORDINANCE;SECOND BY COUNCILMEMBER MALONEY. 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 f. Council Bill#677/Twin Lakes Golf and Country Club Franchise Extension APPROVED ORDINANCE #15-789 AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON, EXTENDING THE TERM OF THE FRANCHISE AGREEMENT ESTABLISHED IN ORDINANCE 05-512 AND GRANTING TWIN LAKES GOLF AND COUNTRY CLUB NONEXCLUSIVE RIGHTS TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WITHIN THE SPECIFIED FRANCHISE AREA, FOR PURPOSES OF MAINTAINING, REPAIRING,AND OPERATING AN IRRIGATION SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY. (AMENDING ORDINANCE NO.05-512) City Clerk Stephanie Courtney read the ordinance title into the record. Federal Way City Council Regular Minutes Page 5 of 7 May 5, 2015 COUNCILMEMBER CELSKI MOVED TO APPROVE THE PROPOSED ORDINANCE;SECOND BY COUNCILMEMBER DUCLOS. 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. COUNCIL REPORTS Councilmember Assefa-Dawson reported on her attendance at many community events including the Adelaide Neighborhood Connection Meeting and the Korean School Fundraising Event.She also was moved by the State of the County Address where King County Executive Constantine spoke about economic disparity in the county and the disappearing of middle class. She also spoke to the statistic of 1 in 3 minority children will end up incarcerated and she feels we need to embrace our children and wants Federal Way to be a part of the solution. Councilmember Maloney noted she pleased to be able to attend the recent Boys and Girls Club Breakfast where they were raising funds for the soccer field. She also attended the community beautification event where she helped paint and thanked John Fairbanks for getting all the volunteers for the project. She also spoke to the moving speech Executive Dow Constantine gave regarding the State of the County and more importantly the root causes of issues facing our children from infancy on up. Councilmember Honda noted it was good to be back in Federal Way. She attended the Hylebos District Dinner which i s a Boy Sc out Event and volunteer recognition for many different packs. She thanked and encouraged those involved in scouting. She attended the FW National Little League jamboree where over 500 children attended. She reported the next meeting of the Parks, Recreation, Human Services and Public Safety Meeting will be next Tuesday at 5pm in the Hylebos Room Councilmember Celski thanked Mayor Ferrell for acknowledging his son who has recently returned Y 9 9 Y home from his third deployment. He was happy to be able to welcome him home in person — he thanked all service men and women and their families. He also thanked the US Army servicemen who volunteered with painting event. He is honored to be a part of the unveiling of the Blue Star Marker at Celebration Park on May 16th at 1 m; the marker honors all service members and is generously p � 9 Y donated by the Marine Hills Garden Club. He thanked Councilmember Maloney for Chairing the Land Use Transportation Committee meeting in his absence Councilmember Moore reported on his attendance at the State of the County Address and noted this is the first time the county has delivered the address from Federal Way and is excited about the"Best Starts for Kids" Initiative announced by Executive Constantine. He attended the both the Adelaide Neighborhood Connection meeting and the Paint the Fence event. He was also happy to attend the bill signing of the TPA Bill in Olympia. He thanked Sound Transit for the presentation earlier tonight and asked citizens to give feedback as this will change the look of the city. He thanked the Firefighters and their efforts in our community and is excited for the Farmers Market opening day on May 9th. He thanked Pete von Reichbauer who was recognized by the City of Auburn for his service to the community. Councilmember Duclos reported on her attendance at the Adelaide Neighborhood Meeting and was pleased to see staff give feedback from the previous meeting and following up with citizens. She noted it was a great meeting that was well attended. She also attended the Korean School Fundraiser event and noted there were wonderful food, costumes, and entertainment from all ages of students. Federal Way City Council Regular Minutes Page 6 of 7 May 5, 2015 Although she was unable to understand everything being said due to language barriers she appreciates the artistry and the beauty in which is was presented. She will be a part of the Marine Hills Swim parade and then be attending the opening day of the Farmers Market next weekend. Deputy Mayor Burbidge noted the next Lodging Tax Advisory Committee will be next Wednesday at 8am. She also encouraged citizens to attend the Sound Transit Open Houses at either the Federal Way Community Center or at Highline College to express your thoughts on the alignment and station options. She noted they received an email from King County Metro noting the Federal Way to Seattle Routes#179 and#190 will be improved with more frequency,which is good news for our community and those who use those highly traveled routes. She noted there is a fundraising breakfast for Communities in Schools at Weyerhaeuser on Friday, May 15th at 7:00 am to help support mentorship and other important support services for students in our schools. She reported on a new production by Centerstage at Knutzen Family Theatre which is wonderfully written and produced and upcoming performances from the Federal Way Chorale. 8. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular meeting at 8:38 pm Attest: Stephanie D. Courtney, CMC City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 7 of 7 May 5, 2015 COUNCIL MEETING DATE: May 19, 2015 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:21st Ave S Sidewalks Improvement Project(S320th Street to S316th Street)—30%Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the 21st Ave S Sidewalks Improvement Project (S320th Street to S316th Street) 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: May 4, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine Mullen,P.ECiSpet Systems Project Engineer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated May 4, 2015. Options Considered: 1. Authorize staff to proceed with the design of the 21st Ave S Sidewalks Improvement Project(S320th Street to S316th Street) 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 Option 1 be forwarded to the ' ay 19, 2015 Council Consent Agenda for approval. MAYOR APPROVAL: 411, ,01- a ,DIRECTOR APPROVAL 4ldr o ittee ounci itiaI/Dr"n Initial/Date Initial/Date CHIEF OF STAFF: , 1,A, Commi e / Counci Initial/Pate Initial/Date COMMITTEE RECOMMENDATION: 1 move to forward Option 1 to the May 19, 2015 Council Consent Agenda for approval. Bob Celski, Chair Kell aloney,Me / ydia Asse Dawson,Member 1 , PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the 21st Ave S Sidewalks Improvement Project (S320th Street to S316th Street) and return to the LUTC and Council at the 85% design completion stage for further reports and authorization. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—02/06/2006 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: May 4, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: Marwan Salloum, P.E., Public Works Director 46!1:4 Christine Mullen, P.E., Street Systems Project Engine SUBJECT: 21st Ave S Sidewalks Improvement Project (S320th Stre to S316th Street)—30%Design Status Report BACKGROUND: This Project will install sidewalk on the west side of 21st Ave S from 5320th Street to S316th Street. This project requires 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 • NEPA/SEPA Documentation and Submittals • Right of Way plan preparation • Project Design to 30% Ongoing Tasks Include: • Preliminary Contract Specifications • Project Design to 85% • Right of Way Acquisition PROJECT ESTIMATED EXPENDITURES: Design $142,350 Right of Way $330,000 2016 Construction Cost $720,000 10%Construction Contingency $72,000 Construction Management $90,000 TOTAL PROJECT COSTS $1,354,350 AVAILABLE FUNDING: Budgeted City Funds $75,000 PSRC Grant(County Wide Non-Motorized) $397,350 TOTAL AVAILABLE BUDGET $472,350 PROJECT BUDGET SHORTFALL: -$882,000 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: May 19,2015 ITEM#: V CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SOUTH 352ND STREET (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY) EXTENSION PROJECT — LAKEHAVEN UTILITY DISTRICT DESIGN AND CONSTRUCTION INTERLOCAL AGREEMENT POLICY QUESTION: Should the Council authorize the Mayor to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 352nd Street(Pacific Highway South to Enchanted Parkway) Extension Project COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 4,2015 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:NAVEEN CHANDRA, P.E., Street Systems Project Engineer DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated May 4,2015 2. Interlocal Agreement Options Considered: 1. Authorize the Mayor to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 352nd Street(Pacific Highway South to Enchanted Parkway)Extension Project. 2. Do not authorize the Mayor to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 352nd Street(Pacific Highway South to Enchanted Parkway) Extension Project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the M. 19, 2015 City Council Consent Agenda for approv. 4/ r�/ i- MAYOR APPROVAL: DIRECTOR APPROVAL: �.�,�_ _ nittee V net ' ��.e)//S r ee CHIEF OF STAFF: h � ✓VJ Committee Council COMMITTEE RECOMMENDATION:I move to forward Option 1 to the May 19, 2015 City Council consent agenda for approval. 1 - - /L Bob Celski, Chair Kel 1 Maloney, Mem•s iydia Assefa r,wson, Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 352nd Street(Pacific Highway South to Enchanted Parkway)Extension Project." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 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: May 4, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor Marwan Salloum,P.E., Public Works Director 4 FROM: Naveen Chandra,P.E., Street Systems Project Engineer SUBJECT: South 352"``Street(Pacific Highway South to Enchanted Parkway)Extension Project—Lakehaven Utility District Design and Construction Interlocal Agreement BACKGROUND: The Lakehaven Utility District requested the City to enter into an interlocal agreement for the design and construction of water main replacement and adjustment of Water and Sanitary Sewer facilities as part of the South 352nd Street(Pacific Highway South to Enchanted Parkway) Extension Project in an effort to reduce both cost and extended public disruption of the area. A copy of the proposed agreement is attached to this memo. The estimated cost of the interlocal agreement is $20,740.73 and includes the cost for the design phase of the project and project administration. The construction phase of the project will be added to the ILA as a supplement to the agreement when the construction cost has been identified. K:\LUTC\2015\05-04-15 S 352nd Street Extension-LUD ILA.doc INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE SOUTH 352ND STREET EXTENSION PROJECT (SR 161 TO SR 99) THIS AGREEMENT is made and entered into this day of , 2015, by and between the City of Federal Way(hereinafter"City")and Lakehaven Utility District(hereinafter "District"), collectively referred to herein as the "Parties." WHEREAS, the City proposes to proceed with the South 352nd Street Extension Project (SR 161 to SR 99), hereinafter"Project"; and WHEREAS,the District provides water and sewer service in the general area of the Project in accordance with applicable Washington State and City laws, regulations and franchises; and WHEREAS, in connection with the street- and storm sewer-related improvements being undertaken by the City,the District will be required to relocate and modify certain water and sanitary sewer facilities such as mains,fire hydrants,valves,water meters,and manholes;and resolve water and sewer facility conflicts with other proposed improvements; and will need to undertake other related work within the Project area; and WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the City selected a professional engineering consultant (hereinafter "Consultant") in accordance with applicable rules and regulations to design, and prepare plans, specifications, and Engineer's estimate for the Project, and the District has determined that the Consultant is best qualified to design, and prepare plans,specifications,and Engineer's estimate for the necessary water and sewer facility improvements in connection with the Project; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for the District, including letting a public works South 352nd Street Extension Project Page 1 May 2015 construction contract for the installation of the water and sewer work in connection with the Project (hereinafter"District Work"), and providing construction management services in support thereof,as described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS,the Parties hereto executed an Interlocal Agreement on the 25th day of August 2010 for District Work in connection with the Project as designed at that time, and said design has been modified, conditions and contract document requirements have changed since 2010, and the City agreement Consultant terminated their a reement associated with said Interlocal Agreement,and have executed a new agreement for Consultant services for the Project; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: INTERLOCAL AGREEMENT SUPERCEDED. The Interlocal Agreement for District Work in connection with the Project as executed by the Parties on the 25th day of August 2010 shall be terminated upon the execution of the Interlocal Agreement hereinunder. II. DESIGN AND PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE. The Consultant, KPG, Inc., shall perform design work and prepare reproducible construction drawings, special contract provisions, and other necessary documents, which shall sufficiently detail requirements for the District Work to become a part of the Contract Bid Do cuments and Engineer's estimate for the Project, all as more specifically set forth in Exhibit A, attached hereto and incorporated herein by reference. III. BIDDING AND CONSTRUCTION. A. It is the intention of the Parties that the District plans and specifications developed under Paragraph II shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. B. Following opening of construction bids for the Project,the City shall furnish for submitted for the District Work. Within twenty District's review a tabulation of the bid responses sub tY p days of receiving the bid tabulation, the District shall notify the City in writing whether the District approves or rejects their portion of the bid award. If the City elects to award a contract for the project, bid award will be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid award;provided, however, if no bids are received which, in the estimation of the District, are acceptable to the District for the District Work, the District shall so immediately notify the City. Following such notice from the District that the bid results are unacceptable to the District, the City may elect to proceed with its portion of the Project, and the District Work shall be deleted from the Contract Documents. South 352nd Street Extension Project Page 2 May 2015 IV. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project, exclusive of such construction observation, material review and ancillary construction administration support provided by the District in coordination with City staff. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director and/or his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. B. The District shall notify the City,in writing,of any changes it wishes to make in the plans and specifications which affect the District Work,which changes shall be made, if feasible. The City shall notify the District, in writing, of any changes required of the District Work and shall obtain the District's approval of such changes. The District's approval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. V. PAYMENT. A. The District shall reimburse the City for all costs incurred by the City in performing the District Work,which costs shall include but are not limited to the fees charged by the Consultant for the District Work performed in accordance with Exhibit A,said exhibit attached hereto and incorporated hereunder and by the Project contractor in accordance with the Contract Documents, all District requested changes, and the District's cost of the City services described in Paragraph IV.A herein, and as summarized in Exhibit B. B. All payments shall be due from the District to the City within thirty(30) days after approval by the District's General Manager or his/her designee of said sums billed to the District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. VI. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold the District, its elected officials,officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The District agrees to indemnify and hold the City, its elected officials,officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities • (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by the District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement South 352nd Street Extension Project Page 3 May 2015 with respect to any event occurring prior to such expiration or termination. VII. DURATION. This agreement shall become effective immediately upon execution by both parties, and shall continue in force until either: (1)the District rejects all bids as set forth in Paragraph III.B herein; or(2)the City Council accepts the completion of the project, whichever is earlier. VIII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway,storm drainage system,sidewalks, landscaping,traffic signals and all other appurtenances related thereto. B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to the Contract Documents, including District requested changes; the City shall provide a final invoice to the District for any final payment due. The District's payment of this final invoice shall, in effect, transfer ownership of these water and sewer mains and appurtenances to the District and the District shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement may be extended for additional periods of time upon mutual written agreement of the City and District. E. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. F. Any provision of this Agreement,which is declared invalid,void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein,the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. (SIGNATURE PAGE FOLLOWS) South 352nd Street Extension Project Page 4 May 2015 CITY OF FEDERAL WAY LAKEHAVEN UTILITY DISTRICT C•3*-b414f Jim Ferrell,Mayor -_- ' - , General Manager 7T 33325 8th Avenue South 31627 1st Avenue South Federal Way, WA 98063-9718 PO Box 4249 (253) 835-2401 Federal Way,WA 98063-4249 (253) 941-1516 APPROVED AS TO FORM: APPROVED AS T O F RM ' 11 % Amy Jo Pearsall, City Attorney Steven H. Pritchett,General Counsel ATTEST: Stephanie Courtney,CMC, City Clerk South 352nd Street Extension Project Page 5 May 2015 EXHIBIT A CITY OF FEDERAL WAY SOUTH 352ND STREET EXTENSION PROJECT (SR 161 TO SR 99) SCOPE OF WORK KPG MARCH 20, 2015 (For Lakehaven Utility District via Interlocal Agency Agreement) Work to be completed under this amendment involves preparation of plans, specifications, engineer's estimate, and bid documents for the South 352nd Street Extension—SR 161 to SR 99 Project. Plans will be prepared in accordance with Lakehaven Utility District ("District") design standards as summarized and itemized in the District's plan review checklist. Contemplated improvements included under this scope, subject to review by the City and the District,and previous review comments provided by the District, include the following: Water a. Removal and disposal of approximately 380-LF of 8-inch diameter Asbestos Cement(AC) main, and installation of approximately 380-LF of 8-inch diameter Ductile Iron(DI)main(STA 84+35, 60' RT to STA 84+95, 80' LT). b. Vertical relocation of existing 8-inch diameter lateral (STA 97+60, 70' RT) main by removal and disposal of existing and installation of new main to allow for drainage facility installation and driveway re-grading. c. Vertical relocation of existing 8-inch diameter DI main (STA 99+05, 15' RT)by removal and disposal of existing and installation of new main to allow for drainage facility installation. The length of vertical relocation may be extended up to 100' in length to provide adequate cover under pavement section. d. Removal of existing and installation of new fire hydrant in one (1) location (STA 84+80, 47' LT). e. Identification of water valve adjustments to finished grade throughout the project limits. f. Other minor relocations and adjustments based on the results of a review meeting with the City and the District to finalize the Plans. Sewer a. Identification of sewer manhole adjustments to finished grade throughout the project limits. South 352nd Street Extension Project Page 6 May 2015 EXHIBIT A b. No conflict analysis is anticipated for side sewers unless data is provided by the District. Lacking this data, it is anticipated that side sewer modifications will be made on a case by case basis during construction. Task 8.1 — Project Management Work under this task includes time to prepare and execute an amended agreement with the City, including Exhibit A hereinunder; prepare associated invoicing and progress reports; attend one(1) meeting with the City and the District to determine any changes needed since the 2010 plans and/or in coordination with upcoming improvements to Pacific Highway South;plan and schedule the work; plan for and execute Quality Assurance and Quality Control reviews; and coordinate with the City and the District. This task assumes the design phase, including reviews by the District, will last approximately three (3) months. Task 8.2—Waterline Plan and Profile Sheets The Consultant will prepare up to two (2)water facility plan and profile sheets, consistent with the project limits, to show the relocations, installations and adjustments required. The plan view will include existing base mapping, existing utilities, proposed curb and gutter and proposed drainage facilities, and other available utility information,including locations of luminaires. In addition, horizontal alignment information, existing and relocated hydrant and valve locations, types and locations of existing and relocated service connections including water meters and fire service lines, and all demolition and abandonment callouts will be shown on the plan sheets. Minimum clearance requirements will be called out at critical locations adjacent to other utilities, including storm drainage facilities. The full-sized scale shall be 1-inch = 20-feet. The profile view will be at 1-inch =20-feet horizontal scale and 1-inch = 5-feet vertical scale. Each sheet will show the existing and proposed ground; and pipe elevation (top or bottom of pipe) information for the existing and proposed water mains at critical locations, specifically at utility crossings, including storm drainage facilities. Minimum clearances will be identified with callouts at utility crossings, or in a separate crossing table. Existing waterline information will be based on pothole and measure down data provided by the District. Existing and proposed utility crossings will be shown as ellipses in the profiles. All work associated with the water system facilities will be shown on these `stand-alone' plans and profile sheets. Any references to the water system facilities on the City's roadway plans will be edited to reference these documents. Task 8.3 —Water Line Detail Sheets The Consultant will include details not covered in the Washington State Department of Transportation (WSDOT) Standard Plans or in the District's Water System and Sewer System Standard Details on the Plan and Profile sheets. Pertinent Standard Plans and Standard Detail sheets from these sources will be included as an appendix in the contract specifications. South 352nd Street Extension Project Page 7 May 2015 EXHIBIT A Task 8.4—Sewer Manhole Field Investigation The finished grade elevations of the sewer manholes within the project limits will be adjusted. The Consultant shall verify the as-constructed sanitary sewer manholes including size, cone section, ladders, and number and sizes of risers. All observations will be made from the surface with no entry into manholes anticipated. Task 8.5—Sewer Manhole Adjustments Based on the information collected in Task 8.4, the Consultant will describe the work included to bring each sewer manhole to grade (which may include removal and/or replacement of cone sections, extensions, and/or risers. This information will be shown on the roadway plans and quantified in the District bid schedule. Task 8.6—Specifications The Consultant will prepare special provisions for construction of the water system facilities and sewer manhole adjustments per District Standards. Special provisions shall supplement WSDOT's 2014 Standard Specifications, unless the District's Water System and Sewer System Standards specify otherwise. The water system facilities and sewer manhole adjustment bid items will be included as a separate bid schedule, except that modifications to District facilities that are in easements, and that are necessary to accommodate the City's street and storm system improvements, shall be included in Schedule A. Task 8.7—Opinion of Cost The Consultant will prepare a 100%and final opinions of cost for the District Work. The breakdown of items shown in the opinion of cost shall be of sufficient detail for inclusion in the Contract Bid Documents. Management Reserve The District may require additional services of the Consultant in order to advance the project through bid document preparation and construction. The scope of these services will be determined based on unanticipated project needs or other considerations at the sole discretion of the District. This work may include additional design,easement document preparation,construction support services, and other items that were not anticipated with the development of this scope of work. These services will be authorized by the District under management reserve. At the time these services are required, the Consultant shall provide a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the District has authorized the work and issued a notice to proceed. Sout h 352nd Street Project Page 8 May 2015 EXHIBIT A SCHEDULE: 1. The City's roadway design has been completed to the 100-percent design level. The Consultant will commence work on the water line design immediately upon receipt of a notice to proceed from the City. The Consultant will deliver the 100-percent Plans, Specifications and Engineer's Estimate to the City and the District approximately four (4) weeks after the Consultant receives said notice to proceed. 2. The City and District will review the 100-percent Plans, Specifications, and Engineer's Estimate, and return comments back to the Consultant no more than three (3)weeks after receiving said documents from the Consultant. Comments received after this date may not be incorporated into the Final Contract Documents without a contract modification. 3. The Consultant will incorporate comments, and prepare and deliver to the City and the District the Final Plans, Specifications, and Engineer's Estimate,including the District Work, approximately three (3)weeks after comments are received from the City and the District. DELIVERABLES: The Consultant will assemble and provide the following items to the City for transfer to the District: 1. The Consultant will submit at the 100-percent stage of completion, two (2) copies each of the half-sized plans,full-sized plan sheets, and special provisions for review and comment. 2. Two (2) sets of full-sized bond prints of"Final" water line plans (water schedule only). 3. Two (2) sets of half-sized bond prints of"Final"water line plans (water schedule only). 4. Two (2) sets of camera-ready hard copy special provisions which cover the District Work- related elements of the project only. 5. One (1)computer disk for the plans of the District Work elements of the project in AutoCAD format. 6. One (1) computer disk for the special provisions related to the District Work in Microsoft Word format. ASSUMPTIONS: 1. Utility record drawings are not included in this scope and fee because construction services are not included in this contract. 2. Existing asbestos-cement (AC)water main to be removed shall be included as a separate bid item and appropriate hazardous waste specifications will apply. South 352nd Street Extension Project Page 9 May 2 015 EXHIBIT A 3. All base-mapping, surveying and utility coordination already performed as part of the Project is adequate, and no additional effort in these areas is included in this amendment,except as necessary to correct items noted in previous review comments, and to inventory as- constructed sanitary sewer manhole conditions as described in Task 8.4. 4. The District shall provide the Consultant, in a timely manner, the District's standard documents for public works contracts, including s tandard plans. Unles s otherwise specified, , these standard documents shall be suitable for inserting into the bid documents without revision. 5. The District's representative with respect to services to be rendered under the Agreement shall be as designated by the District's Engineering Manager. 6. The District shall coordinate with the City to receive the required number of sets of final Contract Documents. 7. The District shall pay all permit fees necessary to complete the work described in this scope of work. 8. No conflict analysis has been completed or is anticipated for side sewers unless data is provided by the District. Lacking this data, it is anticipated that side sewer modifications will be made on a case by case basis during construction. 9. In providing opinions of cost for the project,the Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, the Consultant makes no warranty that the District's actual project costs,financial aspects, economic feasibility,or schedules will not vary from the Consultant's opinions, analyses, projects, or estimates. South 352nd Street Extension Project Page 10 May 2 015 0 iI1 PL N H N N yW W Y► NN 40)"IF, MM .VE F- Mry8 410 N •a■ c II 1 eN I N 1: m ii r O N III, MOOOOV O N RI r to X tp . 1N O rcoo 00 0 N M9 I. 8 . ... 0 0 0 . 1 A 0000 _ ilt S m -± 115114 oa00000 W yr IgiP V Paco Vry I d IP1. 0000000 0 - r- r c N a) cm 1.A. V a. •Ja V V O O N V N 0., III a3 N c c 1u© co co a Z WII 0 a Z • • b c a+. 5 5 as ,O a> P o uf) G y b m a _ W 3 dpi LL H a w UcSA � CO 04• u Iffimlil p l co _ • p N m. ,town �� X = Q. 5. od aiofso nom; ao I O W EXHIBIT B CITY OF FEDERAL WAY ESTIMATED COSTS SOUTH 352ND STREET EXTENSION PROJECT (SR 161 TO SR 99) ESTIMATED DESIGN, CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING THE DISTRICT WORK: ESTIMATED DESIGN COST Estimated design costs for District Work (KPG, Inc.) $ 19,753.08 ESTIMATED CONSTRUCTION COSTS Subtotal Construction TBD Sales Tax @ 9.5% of Construction Cost TBD Subtotal Construction Including Sales Tax TBD Construction Contingency(10% of Construction cost) TBD Construction Management (15% of Construction cost) TBD ESTIMATED TOTAL CONSTRUCTION COST TBD ESTIMATED PROJECT COST (Design) $ 19,753.08 Project Administration (5% of project cost) $ 987.65 TOTAL ESTIMATED COST $ 20,740.73 Note: The Agreement will be amended to include amounts to be determined ("TBD'), including estimated construction and project administration costs when the estimates have been prepared. Costs presented are estimates only. Actual costs incurred will be used to calculate the final cost due from the District for its portion of the District Work for reimbursement to the City. South 352nd Street Extension Project Page 12 May 2 015 COUNCIL MEETING DATE: May 19,2015 ITEM#: CO y , CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SOUTH 356TH STREET(PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY)IMPROVEMENT PROJECT —LAKEHAVEN UTILITY DISTRICT DESIGN AND CONSTRUCTION INTERLOCAL AGREEMENT POLICY QUESTION: Should the Council authorize the Mayor to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 356th Street (Pacific Highway South to Enchanted Parkway) Improvement Project COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 4,2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:NAVEEN CHANDRA,P.E., Street Systems Project Engineer DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated May 4,2015 2. Interlocal Agreement Options Considered: 1. Authorize the Mayor to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 356th Street(Pacific Highway South to Enchanted Parkway) Improvement Project. 2. Do not authorize the Mayor to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 356th Street(Pacific Highway South to Enchanted Parkway) Improvement Project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the May 19, 2015 City Council Consent Agenda for approv. . MAYOR APPROVAL:.. F, ! V/DIRECTOR APPROVAL:■ sr�i ommi ee Iunci 1 /JS' .T* ee CHIEF OF STAFF: 4,Litt', `� w Comp ee Council COMMITTEE RECOMMENDATION: I move to forward Option 1 to the May 19, 2015 City Council consent agenda for approval. Bob Celski, Chair Ke , Maloney, Memo 44, dia Assefa !Iawson,Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 356th Street(Pacific Highway South to Enchanted Parkvvay)Improvement Project. " TED BY CITY CLERKS OFFICE (BELOW TO BE COMPLETED OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 181 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: May 4, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor Marwan Salloum, P.E., Public Works Director 111 FROM: Naveen Chandra, P.E., Street Systems Project Engineer SUBJECT• South 356th Street(Pacific Highway South to Enchanted Parkway)Improvement Project— Lakehaven Utility District Design and Construction Interlocal Agreement BACKGROUND: The Lakehaven Utility District requested the City to enter into an interlocal agreement for the design and construction of water main replacement and adjustment of Water and Sanitary Sewer facilities as part of the South 356th Street (Pacific Highway South to Enchanted Parkway) Improvement Project in an effort to reduce both cost and extended public disruption of the area. A copy of the proposed agreement is attached to this memo. The estimated cost of the interlocal agreement is $82,171.81 and includes the cost for the design phase of the project and project administration. The construction phase of the project will be added to the ILA as a supplement to the agreement when the construction cost has been identified. K:\LUTC\2015\05-04-15 S 356h Street Improvement- LUD ILA.doc INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) THIS AGREEMENT is made and entered into this day of , 2015, by and between the City of Federal Way(hereinafter"City")and Lakehaven Utility District(hereinafter "District"), collectively referred to herein as the "Parties." WHEREAS,the City proposes to proceed with the South 356th Street Improvements(Pacific Highway South to Enchanted Parkway South), hereinafter"Project"; and WHEREAS,the District provides water and sewer service in the general area of the Project in accordance with applicable Washington State and City laws, regulations and franchises; and WHEREAS, in connection with the street- and storm sewer-related improvements being undertaken by the City,the District will be required to relocate and modify certain water and sanitary sewer facilities such as mains,fire hydrants,valves,water meters,and manholes;and resolve water and sewer facility conflicts with other proposed improvements; and will need to undertake other related work within the Project area; and WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the City selected a professional engineering consultant (hereinafter "Consultant") in accordance with applicable rules and regulations to design, and prepare plans, specifications, and Engineer's estimate for the Project, and the District has determined that the Consultant is best qualified to design, and prepare plans,specifications, and Engineer's estimate for the necessary water and sewer facility work in connection with the Project; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for the District, including letting a public works South 356th Street Improvements Page 1 May 2015 construction contract for the water and sewer work in connection with the Project (hereinafter "District Work"),and providing construction management services in support thereof,as described in Exhibit A, attached hereto and incorporated herein by this reference; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. DESIGN AND PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE. The Consultant, KPG, Inc., shall perform design work and prepare reproducible construction drawings, special contract provisions, and other necessary documents, which shall sufficiently detail requirements for the District Work to become a part of the Contract Bid Documents and Engineer's estimate for the Project, all as more specifically set forth in Exhibit A, attached hereto and incorporated herein by reference. II. BIDDING AND CONSTRUCTION. A. It is the intention of the Parties that the District plans and specifications developed under Paragraph I shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. B. Following opening of construction bids for the Project,the City shall furnish for the District's review a tabulation of the bid responses submitted for the District Work. Within twenty days of receiving the bid tabulation, the District shall notify the City in writing whether the District approves or rejects their portion of the bid award. If the City elects to award a contract for the project, bid award will be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid award; provided, however, if no bids are received which, in the estimation of the District, are acceptable to the District for the District Work, the District shall so immediately notify the City. Following such notice from the District that the bid results are unacceptable to the District, the City may elect to proceed with its portion of the Project, and the District Work shall be deleted from the Contract Documents. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative,construction observation, and clerical services necessary for the execution of the Project, exclusive of such construction observation, material review and ancillary construction administration support provided by the District in coordination with City staff. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director and/or his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. B. The District shall notify the City, in writing,of any changes it wishes to make in the plans and specifications which affect the District Work,which changes shall be made, if feasible. The City shall notify the District, in writing, of any changes required of the District Work and shall South 356th Street Improvements Page 2 May 2 015 obtain the District's approval of such changes. The District's approval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. IV. PAYMENT. A. The District shall reimburse the City for all costs incurred by the City in performing the District Work,which costs shall include but are not limited to the fees charged by the Consultant for the District Work performed in accordance with Exhibit A, said exhibit attached hereto and incorporated hereunder, and by the Project contractor in accordance with the Contract Documents, all District requested changes, and the District's cost of the City services described in Paragraph III.A herein, and as summarized in Exhibit B. B. All payments shall be due from the District to the City within thirty(30)days after approval by the District's General Manager or his/her designee of said sums billed to the District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold the District, its elected officials,officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The District agrees to indemnify and hold the City, its elected officials,officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by the District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall become effective immediately upon execution by both parties, and shall continue in force until either: (1)the District rejects all bids as set forth in Paragraph II.B herein; or (2)the City Council accepts the completion of the project, whichever is earlier. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system,sidewalks, landscaping,traffic signals and all other appurtenances related thereto. South 356th Street Improvements Page 3 May 2015 B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to the Contract Documents, including-District requested changes, the City shall provide a final invoice to the District for any final payment due. The District's payment of this final invoice shall, in effect, transfer ownership of these water and sewer mains and appurtenances to the District and the District shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement may be extended for additional periods of time upon mutual written agreement of the City and District. E. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. F. Any provision of this Agreement,which is declared invalid,void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein,the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. (SIGNATURE PAGE FOLLOWS) South 356th Street Improvements Page 4 May 2 015 CITY OF FEDERAL WAY LAKEHAVEN UTILITY DISTRICT • Jim Ferrell,Mayor - - _ • General Manager Egr N G 33325 8th Avenue South 31627 1st Avenue South Federal Way, WA 98063-9718 PO Box 4249 (253) 835-2401 Federal Way,WA 98063-4249 (253)941-1516 APPROVED AS TO FORM: APPROVED AS TO •,'��il Amy Jo Pearsall, City Attorney Steven H. Pritchett, eneral Counsel ATTEST: Stephanie Courtney, CMC,City Clerk South 356th Street Improvements Page 5 May 2015 P 9 Y EXHIBIT A CITY OF FEDERAL WAY SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) SCOPE OF WORK KPG MARCH 20, 2015 (For Lakehaven Utility District via Interlocal Agency Agreement) Work to be completed under this amendment involves development and evaluation of options; review, design, and preparation of plans, specifications, engineer's estimate, and bid documents; and preparation of easement legal descriptions for the South 356th Street Improvements (Pacific Highway South to Enchanted Parkway South) project. Plans will be prepared in accordance with Lakehaven Utility District("District")design standards as summarized and itemized in the District's plan review checklist. Contemplated improvements included under this scope,subject to review by the City and the District, include the following: Water a. Remove and dispose approximately 1,100-LF of 8-inch diameter Asbestos Cement (AC) main, and install 8-inch diameter Ductile Iron (DI) main (STA 213+00 to 223+20, north side of South 356th Street). The new water main will generally be installed along the north side of the street improvements at a location developed in collaboration with the District and the City. b. Anticipated water improvements include modifications to the existing eastern terminus of the recently constructed DI water main to the west, supplemental valves at the lateral mains, removal of existing and installation of new hydrant assemblies at locations to be determined, and replacement of existing water services. Depending on the location of the new main and hydrants, one or more of the hydrant laterals may be configured as a stub lateral main with temporary hydrant assembly termination. c. Considering the businesses served in the corridor, the work may need to have a proposed construction sequence and provisions for temporary water service(s) in project specifications. Sewer a. Identification of sewer manhole adjustments to finished grade throughout the project limits. South 356th Street Improvements Page 6 May 2015 EXHIBIT A b. No conflict analysis is anticipated for side sewers unless data is provided by the District. Lacking this data, it is anticipated that side sewer modifications will be made on a case by case basis during construction. Task 17.1 — Project Management Work under this task includes time to prepare and execute an amended agreement with the City, including Exhibit A hereinunder; prepare associated invoicing and progress reports; plan and schedule the work; plan for and execute Quality Assurance and Quality Control reviews; and coordinate with the City and the District. This task assumes the design phase, including reviews by the District, will last approximately six (6) months. Task 17.2— Record Research and Preliminary Alignment Plan The Consultant will review existing utility records and prepare a preliminary alignment scroll plan for review and comment by the District. The approved alignment will become the basis of design for the final design tasks below. Task 17.3—Waterline Plan and Profile Sheets The Consultant will prepare up to three (3)water facility plan and profile sheets, consistent with the project limits, to show the relocations, installations and adjustments required. Plan and profile sheets will conform to the plan preparation requirements set forth in the District's Plan Review Checklist. Plan scale and match lines will conform to the City's plan sheets. The plan view will include existing base mapping, existing utilities, proposed curb and gutter and proposed drainage a faciliti s and other available utility information,including locations of luminaires, landscaping and irrigation improvements, retaining walls with associated foundation/structural earth reinforcement. In addition, horizontal alignment information, existing and relocated hydrant and valve locations and types, locations of existing and relocated service connections including water meters and fire service lines, and all demolition and abandonment callouts will be shown on the plan sheets. Minimum clearance requirements will be called out at critical locations adjacent other utilities, including storm drainage facilities. The full-sized plan scale shall be 1-inch = 20-feet. The profile view will be at 1-inch =20-feet horizontal scale and 1-foot= 5-feet vertical scale. Each sheet will show the existing and proposed ground; and pipe elevation (top or bottom of pipe) information for the existing and proposed water mains at critical locations, specifically at utility crossings, including storm drainage facilities. Minimum clearances will be identified with callouts at utility crossings, or in a separate crossing table. Existing waterline information will be based on pothole and measure down data determined in Task 17.5. Existing and proposed utility crossings will be shown as ellipses in the profiles. Temporary water service plan and criteria to minimize shutdowns will be prepared in collaboration with the District. Service and meter sizes will be provided by the District. South 356th Street Improvements Page 7 May 2015 EXHIBIT A All work associated with the water system facilities will be shown on these 'stand-alone' plans and profile sheets. Any references to the water system facilities on the City's roadway plans will be edited to reference these documents. Task 17.4—Water Line Detail Sheets The Consultant will prepare one sheet for details not covered in the Washington State Department of Transportation (WSDOT) Standard Plans or in the District's Water System and Sewer System Standard Details. Pertinent Standard Plan and Standard Detail sheets from these sources will be included as an appendix in the contract specifications. Task 17.5-Field Investigation The finished grade elevations of the sewer manholes within the project limits will be adjusted. The Consultant shall perform a survey to determine the manhole as-constructed information, including cone section, cone orientation, ladders,and number and sizes of adjustment rings. Invert elevation at center of structure and the size and orientation of connecting pipes will be surveyed. Manhole information will be collected based on surface observation without entry into the structures. Surface elevation of water valves will be surveyed and measure downs performed from the surface to the top of valve operating nut will be surveyed by the Consultant to assist with determining existing depth. Dimensions from top of operating nut to invert of existing pipe will be based on a standard manufacturer valve table unless other information is provided by the District. Task 17.6—Sewer Manhole Adjustments Based on the information collected in Task 17.5, the Consultant will describe the work included to bring each sewer manhole to grade (which may include removal and/or replacement of cone sections, extensions, and/or risers. This information will be shown on the roadway plans and quantified in the appropriate bid schedule. Task 17.7— Specifications The Consultant will prepare special provisions for construction of the water system facilities and sewer manhole adjustments per District Standards and as required to meet federal funding requirements. Special provisions shall supplement WSDOT's 2014 Standard Specifications. The water system facilities and sewer manhole adjustment bid items will be included as a separate bid schedule. South 356th Street Improvements Page 8 May 2015 EXHIBIT A Task 17.8 —Opinion of Cost The Consultant will prepare an 85%, 100% and final opinions of cost for the work described. The breakdown of items shown in the opinion of cost shall be of sufficient detail for inclusion in the project bid documents. Adjustment of the District facilities located within easements converted to City Right of Way will be itemized on Schedule A and associated costs will be the City's responsibility. Management Reserve The District may require additional services of the Consultant in order to advance the project through bid document preparation and construction. The scope of these services will be determined based on unanticipated project needs or other considerations at the sole discretion of the District. This work may include additional design,easement document preparation,construction support services, and other items that were not anticipated with the development of this scope of work. These services will be authorized by the District under the management reserve. At the time these services are required, the Consultant shall provide a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the District has authorized the work and issued a notice to proceed. SCHEDULE: 1. The City's roadway design is approaching the 85-percent design level. The Consultant will commence work on the water line design immediately upon receipt of a notice to proceed from the City. The Consultant will deliver to the City and the District the 85-percent Plans, Specifications and Engineer's Estimate six to eight (6 to 8) weeks after the Consultant receives said notice to proceed. 2. The City and the District will review the 85-percent Plans, Specifications and Engineer's Estimate, and return comments back to the Consultant no more than three (3)weeks after receiving said documents from the Consultant. 3. The Consultant will incorporate comments, and prepare and deliver to the City and the District 100-percent Plans, Specifications, and Engineer's Estimate for the District Work concurrent with the 100-percent Roadway Project submittal. 4. The City and the District will review the 100-percent Plans, Specifications, and Engineer's Estimate, and return comments back to the Consultant no more than three (3)weeks after receiving said documents from the Consultant. Comments received after this date may not be incorporated into the Final Contract Documents without a contract modification. 5. The Consultant will incorporate comments, and prepare and deliver to the City and the District the Final Plans, Specifications, and Engineer's Estimate for the Project, including the South 356th Street Improvements Page 9 May 2 015 EXHIBIT A District Work, approximately three(3)weeks after comments are received from the City and the District. DELIVERABLES: The Consultant will assemble and provide the following items to the City for transfer to the District: 1. The Consultant shall prepare a preliminary alignment scroll plan and meet with the District to confirm the scope for final design. Modifications noted by the District will be addressed in the 85-percent submittal. 2. The Consultant will submit at 85-percent and 100-percent stages of completion, two (2) copies each of the half-sized plans,full-sized plan sheets, and special provisions for review and comment. 3. Two (2) sets of full-sized bond prints of"Final"water and sewer plans (District Work only). 4. Two(2)sets of half-sized bond prints of"Final"Water and Sewer Plans(District Work only). 5. Two (2) sets of camera-ready hard copy special provisions which cover only the project elements related to the District work. 6. One (1)computer disk for the plans of the District Work elements of the project in AutoCAD format. 7. One (1) computer disk for the special provisions related to the District Work in Microsoft Word format. ASSUMPTIONS: 1. Utility record drawings are not included in this scope and fee because construction services are not included in this contract. 2. Existing asbestos-cement (AC)water main to be removed shall be included as a separate bid item and appropriate hazardous waste specifications will apply. 3. The District shall provide the Consultant, in a timely manner, the District's standard documents for public works contracts, including standard plans. Unless otherwise specified, these standard documents shall be suitable for inserting into the bid documents without revision. 4. The District's representative with respect to services to be rendered under the Agreement shall be as designated by the District's Engineering Manager. South 356th Street Improvements Page 10 May 2015 EXHIBIT A 5. The District shall coordinate with the City to receive the required number of sets of final Contract Documents. 6. The District shall pay all permit fees necessary to complete the work described in this scope of work. 7. No conflict analysis has been completed or is anticipated for side sewers unless data is provided by the District. Lacking this data, it is anticipated that side sewer modifications will be made on a case by case basis during construction. 8. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the project, the Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions;time or quality performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore,the Consultant makes no warranty that the District's actual project costs,financial aspects, economic feasibility or schedules will not vary from the Consultant's opinions, analyses, projects, or estimates. South 356th Street Improvements Page 11 May 2015 tilt•2• R. 4P �' � eiP, 888 « a $ u4_ c 41:' A Ngi § 0- 8 33 $ G sp e�f f� 1�. 7 fV to to" el p 1:14 ar 9 u QFW M N M M M M N N M N NI M M 4.- Rl aN0 h N M� z 6. g cc § 80P FA— P ei— ri — N N C N I id PISVI3g88 i u) O N ji 111 V NOOvcaP0m. Ij RI M X :I 1 a4O4DOCO tO II EA ip 0 0 0 0 0 0 0 al QR , C 1 M 4 N 0V N ... 0. N $ /_� N I 1 �} E1 y � ! ., CO^ � NI.mN � ., 8 Cu O RNCOON s{O] S �_ It X N .t2 N 42 N D N a N 4 4,0 cz 1 S 2 J �I 1 .2" y li i N O y C .W � 'd 9 ii W 1 1 10 E r y to Lk z E I P2 H � a � H t — r-, cnv, un �± � m h x 0 � � � � r � � � � = W a ~ 0 EXHIBIT B CITY OF FEDERAL WAY ESTIMATED COSTS SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) ESTIMATED DESIGN, CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING THE DISTRICT WORK: ESTIMATED DESIGN COST Estimated design costs for District Work (KPG, Inc.) $ 78,258.87 ESTIMATED CONSTRUCTION COSTS Subtotal Construction TBD Sales Tax @ 9.5% of Construction Cost TBD Subtotal Construction Including Sales Tax TBD Construction Contingency(10% of Construction cost) TBD Construction Management (15% of Construction cost) TBD ESTIMATED TOTAL CONSTRUCTION COST TBD ESTIMATED PROJECT COST (Design) $ 78,258.87 Project Administration (5% of project cost) $ 3,912.94 Project ( P 1 ) TOTAL ESTIMATED COST $ 82,171.81 Note: The Agreement will be amended to include amounts to be determined ("TBD), including estimated construction, and project administration costs when the estimates have been prepared. Costs presented are estimates only. Actual costs incurred will be used to calculate the final cost due from the District for its portion of the District Work for reimbursement to the City. South 356th Street Improvements Page 13 May 2 015 COUNCIL MEETING DATE: May 19,2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 320th Street(Veterans Way) Entrance Sign—Project Acceptance POLICY QUESTION: Should the Council accept the S 320th Street(Veterans Way) Entrance Sign project constructed by Federal Way Sign, LLC as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 4,2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:John Mulkey, Street Systems Manager DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated May 4,2015. Options Considered: 1. Authorize final acceptance of the S 320th Street(Veterans Way)Entrance Sign Project constructed by Federal Way Sign, LLC, in the amount of$89,138.63 as complete. 2. Do not authorize final acceptance of the completed S 320th Street (Veterans Way) Entrance Sign Project constructed by Federal Way sign, LLC as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Ma, 19, 2015 City Council Consent Agenda for appro,.1. IW MAYOR APPROVAL: f, /g 4111PrSnj DIRECTOR APPROVAL: `' %` " 7Commi•-e 'r. �cil a f/5 I rate rtial/Date Ial/Date 1 CHIEF OF STAFF: 6 ' ` cif .� (7)Committ� ouncil /1/ Initial D.e Initial/Date COMMITTEE RECOMMENDATION:I move to forward Option 1 to the May 19, 2015 City Council consent agenda for approval. Bob Celski, Chair Kelly aloney,Membe is Assefa FI awson,Member PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the S 320th Street (Veterans Way) Entrance Sign Project constructed by Federal Way Sign, LLC, in the amount of$89,138.63 as 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-08/12/2010 RESOLUTION# k:\counciFagdbills\2015\01-06-I5 lakota sits project-project acceptance.doc CITY OF FEDERAL WAY MEMORANDUM DATE: May 4,2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: Marwan Salloum,P.E., Public Works Director Jo hn M ulkey,P.E. Street Systems Manager SUBJECT: S 320th Street(11th PI South to I-5 Limited Access)Preservation Project—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"S 320th Street (Veterans Way) Entrance Sign Project" contract with Federal Way Sign, LLC is complete. The final construction contract amount is $89,138.63. This is $1,500.00 below the $90,638.63 budget that was approved by the City Council on February 3, 2015. • COUNCIL MEETING DATE: May 19, 2015 ITEM#:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 20th Avenue S at S 314th Street Signal Improvements—Puget Sound Energy Relocation Agreement POLICY QUESTION: Should the Council authorize the Mayor to sign the 20t1i Avenue S at S 314th Street Signal Improvements Puget Sound Energy Relocation Agreement? COMMITTEE: Land Use and Transportation Committee MEETING DATE:May 4,2015 CATEGORY: /1 Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:John Mulkey, Street Systems Manager's DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated May 4,2015. Options ns Considered: 1. Authorize the Mayor to sign the 20th Avenue S at S 314th Street Signal Improvements Puget Sound Energy Relocation Agreement. 2. Do not authorize the Mayor to sign the 20th Avenue S at S 314th Street Signal Improvements Puget Sound Energy Relocation and provide direction to staff. ...._........... MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the May,19, 2015 City Council Consent Agenda for approval. MAYOR APPROVAL:I_ 1 II g <PIRECTOR APPROVAL: Ir/r,ferx Are Col ittee doe Council : ollr Initial/Date Initial%Date CHIEF OF STAFF: _ Comp <ee Counc. Ini ;Date Initial, ate COMMITTEE RECOMMENDATION:I move to.f Option May 1 to the M tion orward O a 19, 2015 City Council consent agenda for approval. Bob Celski, Chair Kel $ Maloney, Memb: t is Assefa-I :wson,Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to sign the 20`i'Avenue Sat S 314`x'Street Signal Improvements Puget Sound Energy Relocation 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 20 10 RESOLUTION# k:\council`agdbills\2015\01-06-15 lakota srts project-project acceptance.doc CITY OF FEDERAL WAY MEMORANDUM DATE: May 4,2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: Marwan Salloum, P.E., Public Works Director John Mulkey,P.E., Street Systems Manager j v 0-■ SUBJECT: 20th Avenue South at South 314th Street Signal Improvements - Puget Sound Energy(PSE)Relocation Agreement BACKGROUND: The 20th Avenue South at South 314th Street Signal Improvements project will modify the existing signal at this intersection and will include upgrades to ADA facilities including ramps and pedestrian push buttons. One consequence of the project is that PSE underground facilities must be relocated to avoid conflicts with project facilities. PSE has agreed to relocate their facilities to new locations that will not conflict with the mew pole locations and ADA facilities. PSE's underground facilities are located in private easements within the existing right of way. Relocation of these facilities will be at the City's expense. Per the attached agreement, the City will reimburse PSE for all costs associated with the relocation of ducts, vaults, and line relocation. The total estimated cost which the City will pay to PSE is estimated at $100,243.43. The final cost will be based on actual quantities installed. The attached Relocation Agreement shows the methodology used to calculate the construction cost to be billed to the City. FACILITY RELOCATION AGREEMENT This Agreement, dated as of , 2015,is made and entered into by and between Puget Sound Energy, Inc.,a Washington corporation("PSE"),and City of Federal Way, ("Government Entity"). PSE and the Government Entity are sometimes referred to herein individually as a"Party" and collectively as the"Parties." RECITALS A. PSE owns and operates certain utility systems and facilities necessary and convenient to the transmission and distribution of electricity("Facilities")that are located on or in relation to certain operating rights("Existing Operating Rights"). The Facilities and Existing Operating Rights are more particularly described on Exhibit A attached hereto and incorporated herein by this reference. B. The Government Entity plans to construct improvements at 20th AVE S and S 314 Street,Federal Way WA("Improvements"). C. In connection with the Improvements,the Government Entity has requested that PSE perform certain engineering design work and certain construction work relating to modification or relocation of its Facilities(the "Relocation Work"),all in accordance with and subject to the terms and conditions of this Agreement, and any applicable tariff on file with the Washington Utilities and Transportation Commission(the"WUTC"). D. The Government Entity has provided to PSE a written plan for the Improvements(the"Improvement Plan")which includes,among other things, (a)plans and specifications sufficient in detail,as reasonably determined by PSE, for PSE to design and perform the Relocation Work,including reasonably detailed drawings showing the planned Improvements, (b)a list of the key milestone dates for the Improvements, and(c)information concerning possible conflicts between PSE's Facilities and other utilities or facilities. The Parties,therefore,agree as follows: AGREEMENT Section 1. Relocation Work 1.1 Relocation Work. The Relocation Work is described in Exhibit B attached to this Agreement. 1.2 Performance of Relocation Work. Subject to the terms and conditions of this Agreement and any applicable tariffs on file with the WUTC, PSE shall use reasonable efforts to perform the Relocation Work. PSE shall perform the Relocation Work in accordance with the schedule provided in Exhibit B (the"Relocation Schedule")with -1- • reasonable diligence in the ordinary course of its business and in light of any operational issues as to the remainder of its utility systems that may be influenced by the Relocation Work. PSE shall have no liability to the Government Entity or any third party,nor shall the Government Entity be relieved or released from its obligations hereunder, in the event of any delay in the performance of the Relocation Work due to any(a)repair, maintenance, improvement,renewal or replacement work on PSE's utility systems,which work is necessary or prudent as determined by PSE in its sole discretion;or(b)actions taken by PSE which are necessary or consistent with prudent utility practices to protect the performance, integrity, reliability or stability of PSE's utility systems or any systems to which such systems are connected. 1.3 Adjustments to the Relocation Work. PSE shall notify the Government Entity in writing of any reasonably anticipated adjustments to the Relocation Work(including the Relocation Schedule and/or Relocation Cost Estimate)that result from(a) the revision or modification of any Improvements in a manner that requires PSE to revise its plans and specifications for the Relocation Work; (b)delays in PSE's performance of the Relocation Work caused by the Government Entity(or its agents, servants, employees,contractors, subcontractors, or representatives); or(c) conditions or circumstances otherwise beyond the control of PSE. The Parties acknowledge that additional requirements not contemplated by the Parties may arise during the performance of the Relocation Work. In the event such additional requirements arise,the Parties shall provide written notice thereof and shall use good faith reasonable efforts to appropriately respond to such requirements in a prompt and efficient manner, including appropriate adjustments to the Relocation Schedule and/or the Relocation Cost Estimate. 1.4 Performance by Government Entity. In the event the Government Entity is unable to perform its obligations under Sections 2 and 3 below to PSE's reasonable satisfaction, and absent written waiver by PSE of such obligations,the Parties shall use reasonable efforts to adjust the Relocation Schedule to allow additional time for the Government Entity to perform such obligations; provided, that if the Parties cannot reasonably agree upon such schedule adjustment, PSE may, at its option,thereafter terminate this Agreement by giving written notice to the Government Entity,and the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with such termination under Section 5.5. PSE's determination as to the satisfaction or waiver of any such condition under this Agreement shall not be deemed to be a determination of satisfaction or waiver of any other condition arising under this Agreement. 1.5 Notice to Proceed with Construction Work. At least 5 days prior to the date specified in the Relocation Schedule for commencement of construction for the Relocation Work,the Government Entity shall either(a)provide to PSE a written notice to proceed with such construction work, or(b)terminate this Agreement by written notice to PSE. In the event of such termination,the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with termination under Section 5.5. -2- Section 2. Operating Rights. Unless otherwise provided for in Exhibit B,the Government Entity shall be solely responsible for any costs related to acquisition of any and all operating rights for the Facilities that are necessary or appropriate, in addition to or as replacement for the Existing Operating Rights, for completion of the Relocation Work("New Operating Rights"). Such New Operating Rights shall be in PSE's name, shall be of equivalent quality and kind as the Existing Operating Rights and shall be provided in a form acceptable to PSE, all as determined by PSE in its sole discretion. The New Operating Rights shall be provided with sufficient title information demonstrating to PSE's satisfaction that PSE shall obtain clear, good and sufficient title to such rights, if applicable. PSE shall not be obligated to commence the RelocationWork, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities as located upon or relative to the Existing Operating Rights,unless and until PSE is in possession of the New Operating Rights. Section 3. Permits. The Government Entity shall be solely responsible for any costs related to acquisition of any and all permits, licenses,certificates, inspections,reviews, impact statements, determinations, authorizations, exemptions or any other form of review or approval given, made,done, issued or provided by any one or more governmental authorities with jurisdiction necessary or convenient for the Relocation Work(collectively, "Permits"). The Permits shall be on such terms and conditions as PSE shall, in its sole discretion,determine to be appropriate to its needs. PSE shall not be obligated to commence construction for the Relocation Work,or otherwise in any way change, limit,curtail,impair or otherwise affect the normal and reliable operation of the Facilities,unless and until PSE is in possession of all Permits necessary for the Relocation Work and all rights of appeal with respect to the Permits shall have been exhausted. The Government Entity shall be responsible for performance of and any costs associated with any mitigation required by the Permits. Section 4. Materials and Ownership Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all necessary materials,equipment and labor required to perform the Relocation Work. All materials,information,property and other items provided for,used or incorporated into the Relocation Work(including but not limited to the Facilities) shall be and remain the property of PSE. Section 5. Relocation Costs 5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation Work(the "Relocation Cost Estimate") is $100,243.43 The Parties agree that the Relocation Cost Estimate is an estimate only and PSE shall be entitled to reimbursement of all actual costs incurred in or allocable to the performance of the Relocation Work. -3- 5.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to monitor its actual costs incurred during the performance of the Relocation Work, and in the event PSE determines that such costs are likely to exceed the Relocation Cost Estimate by more than twenty percent(20%),PSE shall so notify the Government Entity in writing. In such event PSE may, at its discretion,suspend performance the Relocation Work and PSE shall not be obligated to continue with performance of any Relocation Work unless and until PSE receives the Government Entity's written acceptance of PSE's revised Relocation Cost Estimate and written notice to proceed with the Relocation Work. In the event PSE does not receive such acceptance and notice from the Government Entity within ten(10)working days from the date of PSE's notice, then PSE may, at its discretion,terminate this Agreement. In the event of such termination, the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with termination under Section 5.5. 5.3 Relocation Costs. The Government Entity shall be responsible for,and shall reimburse PSE for, all costs and expenses incurred by PSE in connection with the performance the Relocation Work(the "Relocation Costs"). For purposes of this Agreement, the Relocation Costs shall include, without limitation,any and all direct and indirect costs incurred by PSE in connection with the performance of the Relocation Work, including,but not limited to, labor, personnel, supplies, materials,overheads, contractors,consultants, attorneys and other professionals, administration and general expenses and taxes. 5.4 Statement of Costs-Invoice. Within sixty(60) days of the completion of the Relocation Work, PSE shall provide the Government Entity with a statement and invoice of the actual Relocation Costs incurred by PSE. PSE shall provide,within a reasonable period after receipt of any written request from the Government Entity, such documentation and information as the Government Entity may reasonably request to verify any such invoice. 5.5 Costs Upon Termination of Agreement. In the event either Party terminates this Agreement,the Government Entity shall promptly pay PSE, the following: (a) all costs and expenses incurred by PSE in connection with the Relocation Work(including, without limitation, all Relocation Costs incurred through the date of termination and such additional costs as PSE may incur in connection with its suspension or curtailment of the Relocation Work and the orderly termination of the Relocation Work); and (b) all costs and expenses incurred by PSE in returning and restoring the Facilities to normal and reliable commercial operations. 5.6 Payment. The Government Entity shall, within thirty(30)days after the receipt of an invoice for costs payable under this Agreement, remit to PSE payment for the full amount of the invoice. -4- Section 6. Indemnification 6.1 Indemnification. The Government Entity releases and shall defend, indemnify and hold harmless PSE from all claims, losses,harm,liabilities,damages,costs and expenses(including, but not limited to, reasonable attorneys' fees)caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity in its performance under this Agreement. PSE releases and shall defend, indemnify and hold harmless the Government Entity from all claims, losses, harm,liabilities, damages,costs and expenses (including,but not limited to, reasonable attorneys'fees) caused by or arising out of any negligent act or omission or willful misconduct of PSE in its performance under this Agreement. During the performance of such activities employees or contractors of each Party shall at all times remain employees or contractors, respectively, that Party and shall not be,or be construed to be, employees or contractors,respectively, of the other Party. 6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification obligations of a Party under this Section 6,each Party expressly waives its immunity under Title 51 of the Revised Code of Washington,the Industrial Insurance Act,and agrees that the obligation to indemnify,defend and hold harmless provided for in this Section 6 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. Section 7. Disclaimers and Limitation of Liability 7.1 Disclaimer. PSE makes no representations or warranties of any kind,express or implied,with respect to the Relocation Work or other items or services provided under this Agreement including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of course of performance, course of dealing or usage of trade. 7.2 Limitation of Liability. In no event shall PSE be liable,whether in contract, warranty, tort or otherwise,to any other party or to any other person for any indirect, incidental, special or consequential damages arising out of the performance or nonperformance of the Relocation Work or this Agreement. Section 8. Miscellaneous 8.1 Tariffs Control. This Agreement is in all respects subject to all applicable tariffs of PSE now or hereafter in effect and on file with the WUTC. In the event of any conflict or inconsistency between any provision of this Agreement and any such tariff,the terms of the tariff shall govern and control. 8.2 Survival. Sections 2 and 4 through 8 shall survive any termination of this Agreement. Subject to the foregoing, and except as otherwise provided herein, upon and -5- following termination of this Agreement neither Party shall have any further obligations arising under this Agreement and this Agreement shall be of no further force or effect. 8.3 Waiver. The failure of any Party to enforce or insist upon strict performance of any provision of this Agreement shall not be construed to be a waiver or relinquishment of any such provision or any other provision in that or any other instance;rather,the same shall be and remain in full force and effect. 8.4 Entire Agreement. This Agreement, including any exhibits hereto,sets forth the complete and integrated agreement of the Parties. This Agreement cannot be amended or changed except by written instrument signed by the Party to be bound thereby. 8.5 Force Majeure. In the.event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control(a"Force Majeure Event"),then that Party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; storm, flood, earthquake or other Act of God; storm,earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws,regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party,its contractors or a third party;or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a force Majeure Event,in connection with the Relocation Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligation in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event. 8.6 Enforceability. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 8.7 Notice. Any notice,request, approval, consent, order, instruction,direction or other communication under this Agreement given by either Party to the other Party shall be in. writing and shall be delivered in person to an authorized representative or mailed,properly addressed and stamped with the required postage,to the intended recipient at the address and to the attention of the person specified below the Parties'respective signatures on this Agreement. Either Party may from time to time change such address by giving the other Party notice of such change in accordance with this section. 8.8 Governing Law. This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington. This Agreement shall be fully binding upon the Parties and their respective successors,assigns and legal representatives. -6- In witness whereof,the Parties have executed this Agreement as of the date set forth above. PSE: Government Entity: Puget Sound Energy, Inc. City of Federal Way By: Jim Ferrell Its: Mayor By Address: 33325 8th Ave S Address: Federal Way,WA 98003 Attn: Attn: ATTEST: City Clerk, Stephanie Courtney,CMC APPROVED AS TO FORM: City Attorney, Amy Jo Pearsall -7- EXHIBIT A FACILITIES AND EXISTING OPERATING RIGHTS • 5' x 7' x 5' vault • Conduit runs of 4" and 6" • 1125' Primary cable Easement document attached -8- . ..._ .— _ _ ..... ....._______ eubt/isir ,, „ - - ..... ,.. . 4.; • , . ...„.... , 2 . ... 1 / . 1 1 ORIGINAL 1 . . Auer" .ASIMENT FOR UNDERGROUND ELECTRIC SYSTEM 1217100E1, For and in consideration of Ono Dollar ($1.00) and nth Vity.lable 1 . consi de ration, the receipt of which is hereby acknowledged,, . . r. TOYS ''R" US INC• w i II:renter herein'.smith,=roc,.and wattages In PUCET-imiNri POWER A.1..ICIIT COMPANY,a Weehlnalol IS . I 'carmine("Crentee")txelnI,for the potholes hotoln01141 AM(Erika reopens;ensonnon whit;mos,.end ever l levAnn deem-god reel property phe'Propose lintstini............-!--1/41-u'L.---_Camay.Washineyea. . ...- , ‘ SEE ATTACHED EXHID/T "A" 1%EXCISE TAX NOT REQUIRED . ,,_._ii _KW 014116cOntl Sivisioil . CO . 4 . ... .D.r.t, , g oo iniumirrE itilt0FinCti rrortsoik' i R PLED FOR RECORD AT REQUEST OF: 1.1NIgT POWER . • Go. i Ka ESTATE DIVISION PtIGET POWER 01.00. _ • . ' 1 SELLEVUE,WASHINGTON;MOO" hemp!AI my he otherelse en ewe%Imola Crean-ea nettle shell he enotcleol lion that welkin of thnPropotly pito"WO* of Woy"bond of doserlhod On followo: . ■.o.. A rtighwirMitly--ban-11.1).L.—rest In width hovIn1. f iv* (5) feel of purl.width on wick aids el a canine. ......_ -- - Itine described u follows: , . The enterline of Grantee's iscilittes as constructed or ter be constructed, extended, or relocated, lying within the West i;.5 feet AND teithiri the South 55 fee t of the teat 55 teat of the went 120 feet of the above described Property. It is agreed and understood that no electrical facilities as herein described shall be conetructe., within the existing building. . I . .1 L thilliOW.GIVMMal4%We AW MAIM MbillAf101 nflomO..themes,truer,teilratenn4nnlane en estIntArneeil eletarin tronandevino ondint diettiltution*Mims Moo nod“n4or the litehhc$A0t)-laeadto MO,011 0'4'4444;1w Mil'i""wd"0. perlocerimo*wake...Olds may Inekeek Inn ern notteneel to the Wilmette:nelentsneed PeeIeekoftetlnotl...h.o. Mu*vortilta.rtairthillearatclicheh Mei obnefertnerx end mon1:111/1704 1,11111illui milooille NOHOW-it 'intik)!eon- . Mr",1144 at ti,WHOP&nreleaa may kelt time to*Poe tm*nitnvt molt millitieniti food like es II .. .'s 2.Ascot(trentoo shell have the rIsht of emote to din Rieht.of.Way over nod/tam the Prannol to swehlrCeinen lo eget- , riml tin rfrIns hntouncloc pfmllfef:.that Grantee shall compellable Cranny for any demone to the PrOlielif tOttlebtfhr alt.on",' lisp of ookl right of aroma . : • 3,Olotruettenel Letnistehtan,Cranioniney kont*no ut ante rornatv Iron,bosh,*or other ohetnualons wilf■In the Rteld. of..Yetty end seer level aid pride rho intmetbitny hi the mord rotteirtnhly eacopary to ratty not the iforpoono sal tomb In 11.1AF,PPII•1 101I/711.7,1"7"1114.Out rI470.41W 144.04.h.-44,Crania*shall.to Oakwood renonathli practlenhlo.remora the Richnot•Wey In the coalition II meet Imermainie)y prior to moth troth.Fellowine the trelathbleo.it etettlec'emodentromal • fo1IIIII.A.C1nolot.MAYW41•111koonyendiee nnetsnne,nlsviltta lendscatenn of the 111011of-Way.provklort Met no ono Ill - .r• Mimi III:tnI.1 olutlf he plaatitt dement%Which Moo I Is Motional*expansive or losionacel for Grantee In remove not . • tomoro o 1.llrootnet Weer RIOU.44•Wor.Monk.r rietornot the Neu in se.I let It wItot-woy kr any ponwo Ant 177741"i".."^_t w, IAA 110■Ioto.1.11n loarttir%Old;1741 atto.Wor oholl not tow01forl or matelots nny building et Other Meter on fRO11101- ofAVo y wIllegi ovoid I tall with dr,moment of dm rinitte heroin to onhok tine on seseee.temseerens ekes Item clew. en mtloo*cavity Atoll he thine cue dio Properly width mold Mouth Oto onommidati at mord(GranheerfectInto On dm III/Al.ofAvoF,fee Widani.i1110.111fitTai NI 441011 hi 1101 MOO km not I hni no lilioofoosholf 60;knit within IA foot of iho ltbditof. Wnt I. 1,,,,Ilemitlft-lly ocoopans end otamiltin that easement.tinsel..woo to Indemnify and hold heonlem Greiner from any "1"oil ettlioa lot Nina 111.1.'ettisetrawonSeratIhy only person whloh ma-b.soloed by the CfSOOmel cutout Or the*Ole herein green&scolded,that Orento abut ro.'tee nsionnhle In Grantor fist any nhino and/or domeslo to any hereon mused by woe or rtintuissa or Grunt L,A handlionont The Ono twain rrentoti dull trothine tout nub erne es Ovum..rename in OW the Stritt-st.Wer roe n M0041 of ftec kt4 0,04604*0101,1.in WhirA*VOW thle.......0 shell terennete end ell rlohla hereunder shell trod)hi Cruel. .`.. • ton Prnattlell that an ehsvtounent Mull Ito oomed In hem terrtr.<1 lye inot of Crania.%follarelo%Wetly towed-It. fm..11/410e on the Pisht•t•t•Way within cap perh.24 suite(Mil 0)4 date hereof. - 1. '.; ,. . ,. • . . 7.800111111017 and A11411.7110 f 1/11/11rrol 01410.1htne at the perile *hail lairs ll.,benefit of mat C;hente enn.their • reenteln-r Of4MORMOI*Off asetane, A-1127 Ell,AC001 : 3103,671 217-is t I I ST/I:r7e IA: ' 40111S • Pt ' V.*.= me et., II CR5145,i, , 4 I+.0,00... . efrack) ,.. If „, I . ' I . 1 - ' 1 -— [ ' I . . As S ... . -AN.... . ..... C41 i •• nano) his.P._ day of ' • • I. IIRANTOR , ....,21421 5R5 Utt.INSA :,,,__ . • Ik • ...- ,. . . t --LY . 4'b ■ ' ' , ' C 14 ' U • a-r,,_On Or cc CI, ICI 4 LOGE t;af 41.';;14,0•'4,,r4v. — f.— , 0 et I.4. Tamale,r...? tan't $ acre ary .: 43, co : ss,AtnorwAan, iscroN is, "..1 f.. , i• .4C0ifffre OF . 3 , .... it; ....... . 0 1 ta. pi%(Ma 67 P00411Y ottloofeti heraft Inft * CO to nto*NM te be the Indedunt—.described In and who axecused the vrehtn end tnrocolna Inalrilmonli and nettnewiediod IliiC ---.*mad the NM PM—...............—.Ire.and voluntary act and deed for the uses and emcee thoreln raentiono4 *.l.' .• ..., _...... , Gry-r-14 uncial.iny hand anti offteal real mos_day cd - Notary Public in and for the Stain of Wathinaten. manna at , . STATE OP WASHINGTON I Nt . CO(inrry OP I On WI den personally appeared halms are , to MO known tri be the ifirtiVithilli...—tieterthed In and who exemed the within and formadna litIVO11494 OW MikilOW3Odrol that —---limed the same as boa and voluntary net end deed Ivy the mos end perpieva therein mentioned • GIVEN mutat my hand amt oftlabd said Ihta---.day at ,IS—--. V , • . :.• , ) Wary Piddle in and he the lisle of fissblogion, " ... STATE oF WAR{tINGToN SS COUNTY OF I . " On his day personally apprared beer.me „.....,_„,. ______________ to me known he be Ion Individual—.dimalhed Is and who executed dm within end lateenIna initrontant and seknawledned that . 4... signed the soma al--free end voluntary art and dyed tar the ems and porridges therein mentioned. '.. GIVEN under my hand and Whaled semi this..—day of — .10—. . ------• . thinly Public In and tor the th •ate at Weehltraten. ' residing el . . . Now Jersey .. STATE OF Set&IIMINOTAld I . t $8 GORPGRAYEACKNOWLEDGMENT 1 C.01 thiTY OF BETIGPIC I On this 11:1-....1 6 of --€.8314.0.2.11K. ..,___ „111_02_,hafotre etc 1310 ntionignad.parsimony elentoro4 ., re —ALQUAIIAILk...11.Uld£8_ ._...... __- and—_HLCOTALk_f...—TligOLCL„.___ _ ..-- I irck mo 1.00)/0 Ok ktn the aortioar...Y.,11,... Itaa&iTitAtil n4 .__Al14.1 I M toitit t.111 0 ratirY. ,/*OlOOONVIy.Of . ..... — ...... the rerporerien Met entnreatti the Wowing Instrufront, I and anionneloderel the aetti Inolonmen;in he 111.free and winnterreci anti Maori of mkt cntrratIon.to the sees and menden*therein ,' MOTOtenant.awl on oath Mated that ,--111111.Y._4Ell —,........—.—.nultiorland in senesce Ern saki artrunient and that the ' , *ft"Wain seal at Old nOttnenlion , ) AE:ieilly. f officio!tool hotel('offhoef lho Iley ell ynte ft delft , . . Nw4 ..: a 057i 0, * y Malik Ii the R Iiittflior hi n nt Willat recY ' P Nntar M C, V N ei la "Mtisi at —CAROLYN-A.-DONNV.I.Y - , % t A'W. .,... , , NOTARY MLIC Of KEW JERstY Aty Cammlutan Expires'Roy A IOW * .• `t ;- .c•A * - . fenem..noemeeteennteeenomon.•••■•■■■••••.■entee.... Ado' 1 I , — — . ,. ;. • 1:411 • 7 t, ,4-:-, a : ,.; tr. le v ,s .... . . ..., . - ! ,......•: :.-: .tr • . TOYS '14 OS, INC. • ,t,,- 1 dXKIBIT 'A" * 1 • t . . • 1 That portion of the Northeast quarter of the Southwest quarter of ! 1 99"1°4 9, Township 21 North, Range 4 East, WA.. in King County, Washington, being mar particularly described an follows: Commencing at the Weak quatter corner of said Section., Os thanee along tha Saat/Neat centorlo of said section South 49'31'2, east 1212.34 fO•t to the NOtthwest corner of the northwest qUerter of P maid 8eutaswest %tarter, thence along the Westerly line thereof South no nig3I4 taut 324.98 test; then00 gerNilel with sold• East/Wst centerline South 8,-5118 Wit lam feet to the Easterly margin of the Linde 0140ribed In SittrO-revorded under b Recording Number 2401200408 rtoords of said County. thitoce along 1 mild Utterly margin CoeYth 00 111321 Lest 411:13 foot Po Phi T9Ut POINT " 491.12SaINC; theuuw mouth 09'30'01" test 219.02 feet/ I thence South 00w02'31" teat 34040 fart to the Morthstl• margin of Sogth 114th Streett thence along said 81Ortbarly margin North 1 44 40'02, Wait 282.04 foot to the beginning of a Cu". "nea" to 1 the Northeast having a radius of 33.00 feet; then*. Westerly, northwesterly and tiqrthorly 5404 feet along said 04,Ve through a I central angle of 49-34'28* tit said Easterly mongol thence along mold Sisterly margin North 00'1133" West SO5.21 feet to the MI I POUT OP SEGINNISo 40,4 coati/n.104 171449 *Omar° foot (3.911 itrtsi, more or lain. Also known is Lot 1 of survey record.d in Volume 32 of Surveys, i page 220, under King County Recording No. 8612129019. SITUATE in the County of King, State of Washington. , .. • t I :• • , • . : 1 . .: i I i ! SUN 1 Ir Mil I . . , II . . ill = e 11-0C-3307 t : ...°: 11 lt, • MINIMONNIMMIso........w.............., ...........AMINIMWMOIW.Po Ilir '`.. V ' I , EXHIBIT B RELOCATION WORK (TO INCLUDE A DESCRIPTION OF THE WORK TO BE PERFORMED BY PSE TOGETHER WITH A SCHEDULE FOR THE PERFORMANCE OF THE WORK AND A DESCRIPTION OF ANY NEW OPERATING RIGHTS REQUIRED FOR THE PERFORMANCE OF THE WORK) PSE will be removing an existing 5' x 7' x 5' vault, currently on a PSE easement, impacted by a new traffic signal and sidewalk improvements. PSE will install a new 5' x 7' x 5' vault south and east of the present location to clear conflicts. As a result of the vault relocation, multiple 4" and 6" conduits will require adjustments. These adjustments will avoid impacts for the proposed traffic signal foundation and necessary re-routing of conduits to the new vault location. All PSE power cables (conductors)will need to be removed from service in order to remove the existing vault from service. Once conduits are plumbed to the new vault location,new conductors will be installed to complete work. This project will require 2 or 3 line and civil crew mobilizations to coordinate with the civil crew to pull out the old conductors and pull new conductor back to the new junction box. Once the line crew work is completed the civil crew will return to the site and remove the existing j-box and abandoned conduit in the vicinity of the future signal control equipment. The cutover will be scheduled and completed at night on overtime. We have estimated this work will take 2 weeks with any hard surface restorations following the construction activities. -9- 0 E"IA r : _uf a e,€p o f �� Q �1 W co C p�/^ V iwif f „ 1� 1i' .y p . M �`' W� �1 °o in ,-7,- O .,....,,.a>� - ti k M° Z I'4iii �..� 5; � . . z .s � . Qe 1 iF r r 14 vQ V O iVe$r"7 i O W r a cz CJ #o 4 IX O 1 co Z2 1 OM a+ Q ' C 3 :. o C i+ O t O 3 m s 41 cn E o o a. • 6 = . 11 � O m:. ,a d S O " " `` (` i Ti)y _ 1 'k iO t` 1+ � co O d i M a co p u :- E. 8 u,,. j o m:/ N d..= o o d c 0 c 3 3 ° a o- u W°2 M J C of F~ Q >^ 3 V]• ° u C� � : `>' `° z p g I I w C7W `o L y a a C w t y o• W 7 0 z U.' O o tq w C ` la L d ^€i a. nW m Q m a.O;hw:, o COUNCIL MEETING DATE: May 19,2015 ITEM#: 6.5 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: SETTING A PUBLIC HEARING DATE FOR THE 2016-2021 TRANSPORTATION IMPROVEMENT PLAN POLICY QUESTION: Should City Council set a Public Hearing for adoption of the 2016-2021 Transportation Improvement Plan on June 16, 2015? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 4, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer ter DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated May 4, 2015. Options Considered: 1. Authorize staff to proceed setting the Public Hearing date for the 2016-2021 Transportation Improvement Plan on June 16, 2015. 2. Set Public Hearing on an alternative date recommended by the committee. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the May 19, 2015 City Council Consent Agenda for approval. MAYOR APPROVAL: I t "' fe f,[D[P�I ECTOR APPROVAL: Ingo mittee '`Council �T/ 'S" nitia ' CHIEF OF STAFF: Ivitv% Y«� Commi,i'e ,, Conn f • COMMITTEE RECOMMENDATION: I move to forward Option 1 to the relay 19, 2015 Consent Agenda for approval. Bob Celski, Chair Kell Maloney, Me�y■er Ly i Assefa-Da ,son, Member PROPOSED COUNCIL MOTION: "I move approval of the resolution setting the date of a Public Hearing for the 2016-2021 Transportation Improvement Plan on June 16, 2015. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED Is"'reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ 'MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-08/12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: May 4,2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM• Marwan Salloum, P.E., Public Works Direr Rick Perez, P.E., City Traffic Engineer (t/' SUBJECT: Setting Public Hearing for 2016-2021 Transportation Improvement Plan BACKGROUND: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington(RCW),the City of Federal Way adopted its original Transportation Improvement Plan(TIP)and Arterial Street Improvement Plan (ASIP) on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis to reflect the City's current and future street and arterial needs. The City is required to hold a minimum of one public hearing on the revised plans. Staff proposes that this occur at the June 16, 2015, City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. The attached Resolution sets the public hearing date for the June 16, 2015 City Council meeting. The TIP will also be presented to the Land Use and Transportation Committee on June 1, 2015. K\LUTC\2015\05-04-15 Reso Setting Six Year TIP Hearing Date.doc RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington,setting a Public Hearing date of Tuesday,June 16,2015 for adoption of a revised Six-Year Transportation Improvement Program and Arterial Street Improvement Plan. WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the City Council of the City of Federal Way must adopt a revised and extended Six-year Transportation Improvement Program ("TIP") and Arterial Street Improvement Plan("ASIP") annually; and WHEREAS, pursuant to RCW 35.77.010 and supporting laws and regulations, a public hearing must be held prior to the adoption of the revised and extended Six-year Transportation Improvement Program and Arterial Street Improvement Plan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Public Hearing. A public hearing shall be held on the 2016-21 Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan at the regular meeting of the City Council at 7:00 p.m. on Tuesday, June 16, 2015, at the Federal Way City Hall Council Chambers. Section 2. Severability.If any section,sentence,clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of Resolution No. 15- Page 1 of 3 Rev 1/15 scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4.Ratification.Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5.Effective Date.This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: Resolution No. 15- Page 2 of 3 Rev I/15 RESOLUTION NO.: Resolution No. 15- Page 3 of 3 Rev 1/15 COUNCIL MEETING DATE: May 9 1 2 1 ITEM#: �' ` 19, 0 5 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2015 HUMAN SERVICES COMMISSION WORK PLAN POLICY QUESTION: Should the City Council approve the Human Services Commission Work Plan for 2015? COMMITTEE: Parks, Recreation,Human Services&Public Safety MEETING DATE: May 12,2015 CATEGORY: X Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Watson, Community Services Manager DEPT: Community Development Attachments: 2015 Human Services Commission Work Plan Background Each year the Human Services Commission drafts a work plan based on the authority outlined in Section 2.55.040 of the Federal Way Revised Code. The major items for the Commission in 2015 include: • Review the 2016 CDBG CERF/Capital applications; make funding recommendations to the Mayor and City Council; • Review and potentially recommend amendments to the Human Services Commission bylaws; • Create a succession plan, including alternates, for when members leave the Commission; • Draft recommendation for an increase in the 2017-2018HSGF budget; • Monthly or bi-monthly presentations to the Commission on relevant human services topics. Human Services Commission Process: The Commission reviewed the draft 2015 Work Plan at their March 16, 2015 regular meeting and formally approved the 2015 Work Plan at the April 6, 2015 special meeting. Options: 1. Approval of the 2015 Human Services Commission Work Plan. 2. Do not approve the 2015 Human Services Commission Work Plan. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: 0 si/�,5 DIRECTOR APPROVAL: -7yf fti� /Committee ounce Committee Council 4.4,� i COMMITTEE RECOMMENDATION:ie monie to orward the 2 15 Human Service Commission Work Plan to the May 19, 2015 consent agenda for approval. /-/VuI- >1 i , (jf� ' 4 Committee Chair Committee Member Committee Me ber PROPOSED COUNCIL MOTION: "I move approval of the 2015 Human Services Commission Work Plan." (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# I cn U P. 0 Y .0I 0 cn w cn E m O p vit. �Y 0 N Q! , a) w o ti .- E O E O . E V O U U U C�1 0 cd o >; p4 - 023 o a3 0 0 ~' 4 023 oco as cd cd v, co 5 d as at 0 0 ~ v) d ti 0 z RI „, o o 4�y o IA �, IA IA d \fir N F7 y N O 1 �p O O r?J a) a) .> N a) O in ,--1 1 N N �..i = N N 0 i 0,4 kei � C A d G N ,ate O c 'I I 1 © I s e z e Lo W . 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POLICY QUESTION: Should the Federal Way Police Department be approved to purchase new hardware and software maintenance agreements for the FARO (Total Station)Mapping System? COMMITTEE: MEETING DATE: May 12,2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Stan McCall DEPT: Police Department ............................................................................................................ .. .. ...... .... ........ .. .. ..... ............................................................................... .......................................................................................... Attachments: 1. PRHS&PS Memo Options Considered: 1. Authorize the Federal Way Police Department to purchase maintenance agreements for the software and hardware associated with the FARO Total Station laser mapping system. 2. Deny the purchase of maintenance agreements. MAYOR'S RECOMMENDATIO►• 012 zP, MAYOR APPROVAL: ' V DI ECTOR APPROVAL: it /'7 / Corn itee Coin c1 5" Ini CHIEF OF STAFF: WI^ Committee Council COMMITTEE RECOMMENDATION: I move to forward this proposal, to authorize the Police Department to purchase the needed maintenance agreements for the Total Station mapping system, to the May 19, 2015 Council consent agenda for approval. l Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize the Police Department to purchase and the Chief of Police to sign the requisite maintenance agreements for the FARO Total Station mapping system, and utilize the Traffic Safety Fund for this purchase. " (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: May 12, 2015 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Maintenance Agreements for Software/Hardware of the FARO (Total Station) Mapping System. The Police Department purchased the FARO Mapping System in 2013 to replace outdated Total Station equipment. This system is a crucial component of our ability to process critical incident scenes to include but not limited to: • Homicides • Shooting scenes • Major injury accidents The maintenance agreements have expired and need to be re-purchased in order to protect our investment. These agreements are critical to supplement costs in case of damage and the ongoing need for yearly recalibration of this device. The agreements come in one (1) year and three (3)year subscriptions as outlined below: One year software agreement- $990.00 Three year software agreement- $2490.00 savings of$480.00 (preferred) One year hardware agreement- $4095.00 Three year hardware agreement- $10,135.00 savings of$2150.00 (preferred) The total cost for the preferred three (3) year agreements would be, $12,625.00. The recommended funding source for this purchase is the Traffic Safety Fund. 1 COUNCIL MEETING DATE: May 19,2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MOU BETWEEN THE WASHINGTON STATE DEPARTMENT OF HEALTH AND THE FEDERAL WAY POLICE DEPARTMENT(FWPD). POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department inter into a MOU with the Washington State Department of Health for the inclusion of case report data in the Washington Violent Death Reporting System (WA-VDRS)? COMMITTEE:PARKS,RECREATION,HUMAN SERVICES&PUBLIC MEETING DATE: 05/12/2015 SAFETY COUNCIL COMMITTEE(PRHS&PS) CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:DEPUTY CHIEF KYLE SUMPTER DEPT: Police Attachments: 1. PRHS&PS Memo 2. MOU 3. WA-VDRS Law Enforcement Fillable Data Form 4. National Violent Death Reporting System Brochure Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATION: Option#1 ,.�/' v rz/ir MAYOR APPROVAL: /at I��DI ECTOR APPROVAL: / ?Ctte4 e o wl )(ri - Initial CHIEF OF STAFF: 4(./. I r Co mi e come COMMITTEE RECOMMENDATION: "I move to forward the MOU between FWPD and the WA. State Dep rtment of Health to the Apriti-21 ;2015 Co 'l Consent genda. " ('-(- PiGyNi tn ) - . / zillefic, Committee Chair Committee Member Committee M- ber PROPOSED COUNCIL MOTION: "I move approval of the MOU between FWPD and the WA. State Department of Health and authorize Chief Andy Hwang to sign the MO U." (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: May 12, 2015 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: MOU between the Washington State Department of Health and the Federal Way Police Department (FWPD). The purpose of this MOU is for FWPD to provide,per RCW 43.70.545, the WA State Department of Health access to FWPD's incident case report data on homicides, suicides, unintentional firearm deaths, deaths of undermined intent, and legal interventions for inclusion in the Washington Violent Death Reporting System (WA-VDRS). When police agencies provide this information it can help law enforcement and public health officials understand the extent, cause and circumstances of violent deaths. 1 MOU: WA Department of Health and Law Enforcement Agency Memorandum of Understanding Between the Washington State Department of Health And Federal Way Police Department This Memorandum of Understanding (henceforth referred to as an "MOU") is established between the Washington State Department of Health (the department) and the Federal Way Police Department to provide the department access to the agency's incident case report data on homicides,suicides, unintentional firearm deaths, deaths of undermined intent, and legal interventions for inclusion in the Washington Violent Death Reporting System (WA-VDRS). WA-DVRS is the state component of the Center for Disease Control and Prevention's (CDC) National Violent Death Reporting System (NVDRS). The purpose of WA-VDRS and NVDRS is to produce information that helps public health and law enforcement officials understand the extent, cause and circumstances of violent deaths. This information will be used to develop,target and evaluate violence prevention strategies. WA-VDRS collects information on violent deaths from three primary sources: death certificates, medical examiner/coroner(ME/C) records, and law enforcement reports. The Washington State Legislature recognizes that violence in our society causes great concern for the immediate health and safety of our citizens and our social institutions. They find that a public health and public safety approach can be effective in addressing the problem of violence and authorize the department in 43.70.545 RCW to collect and report data relating to acts of violence that result in homicide and suicide. This MOU can be reviewed with thirty (30) days' notice by either party to assess processes and needed changes between the collaborating agencies. This MOU can be terminated by either party with 30 days' notice to the other party. A. The Federal Way Police Department agrees to: 1. Coordinate with the department to establish a process to permit access by the department to incident reports on homicides, suicides, deaths of undetermined intent, unintentional deaths from firearms, and legal interventions investigated by the agency beginning January 1,2015 onwards. 2. Provide incident reports or summaries in an electronic format or paper-based format (circle one)on a quarterly(every three months) basis or before. Electronic records will be transmitted through a secure FTP site maintained by the department. Paper-based records will be abstracted directly by WA-VDRS abstractors or submitted by the agency through a secure, scanned file transfer program into the department's confidential secure file folder. B. The Washington State Department of Health agrees to: 1. Abide by all applicable state laws and regulations pertaining to protection of confidential information. Data transmitted to the NVDRS will be stripped of identifiers prior to transfer. MOU: WA Department of Health and Law Enforcement Agency 2. At least annually, disseminate WA-DVRS data reports,fact sheets and publications to data suppliers,the public, and organizations working to prevent violence. This MOU is contingent on the receipt of funding from the CDC Cooperative Agreement for the National Violent Death Reporting System. In the event sufficient appropriations are not made to support the WA-VDRS,the MOU shall terminate without further obligations of the parties. Signature and Title Date Contract Officer Date Washington State Department of Health Agency Name Mailing Address Phone Email Address For additional questions or concerns please contact Taylor Schraudner, WA-VDRS Program Manager at 360.236.2875 or email tavlor.schraudner @doh.wa.Rov Please mail signed MOU to: Department of Health Community Health Systems Attn: WA-Violent Death Reporting System PO BOX 4753 Olympia,WA 98504-7853 WA-VIOLENT DEATH REPORTING SYSTEM: LAW ENFORCEMENT FILLABLE DATA FORM Police Agency investigating the death: County: Email Address: Today's Date: / / Name of Investigator: Police Case#: #of deaths associated in this incident: #of nonfatal firearm victims in incident: ME/C# VICTIM(S) INFORMATION Last Name: Race: 0 White 0 Black 0 Asian First Name: Middle Name: 0 Pacific Islander Q American Indian 0 Other Q Unspecified Hispanic: 00. Not Hispanic Date of Birth: / / 01. Hispanic 09. Unknown Age: Indicate: o min., o days,o months, oyears Residential Address: Sex: 01. Male 02. Female 09. Unknown Transgender: DO. No 01. Yes 09. Unknown City: County: State: Zip Code: Country: Marital Status: at Married 02. Never Married 03.Widowed 04. Divorced 05. Married, but separated Alternative Sexual Orientation: 06. Single, not otherwise specified 00. Straight/Heterosexual 01. Gay 02. Lesbian 09. Unknown 03. Bisexual 09. Unknown Last Name: Race: 0 White 0 Black 0 Asian First Name: Middle Name: 0 Pacific Islander 0 American Indian 0 Other Q Unspecified Hispanic: DO. Not Hispanic Date of Birth: Age: Indicate: o mins. , o days, o months, 01. Hispanic 09. Unknown o years Residential Address: Sex: 01. Male 02.Female 09. Unknown Transgender: 00. No 01.Yes 09. Unknown City: Marital Status: County: 01. Married 02. Never Married 03.Widowed State: Zip Code: 04. Divorced 05. Married, but separated Country: 06. Single, not otherwise specified 09. Unknown Alternative Sexual Orientation: DO. Straight/Heterosexual 01. Gay 02. Lesbian 03. Bisexual 09. Unknown 1 2015 WA-VDRS: Law Enforcement Fillable Data Form March 2015 Actual Date of Death: I I Geographic Description of Incident Location Date Body Found: / / (select all that apply): 01. House,apartment 02. Street, road,sidewalk,alley Manner of Death: 01. Natural 02.Accident 03. Suicide 03. Highway/freeway 04. Motor vehicle(excluding 15&21) 04. Homicide 05. Pending Investigation 05. Bar, nightclub 06. Service station 07. Bank,credit union, 06. Could Not be Determined ATM 08. Liquor store 09. Other commercial establishment 07. Legal Intervention 09. Record Unavailable or Blank (e.g., grocery store) 010. Industrial/Construction areas 0 Victim was killed by another person who attempted or 011. Office building 012. Parking lot/public parking garage committed suicide. (check if yes) 013.Abandoned house/building/warehouse 014. Sports or athletic area 015. School bus 016. Child care center,daycare, Place of Death: pre-school 017. Elementary or middle school(i.e., K-8) 01. Hospital inpatient 02. ED/Outpatient 03. DOA 018. High school 019. College/University, including dormitory, 04. Hospice facility 05. Nursing home/long-term care facility fraternity 020. Unspecified school 021. Public transportation 06. Decedent's home or station (e.g., bus, train) 022. Church,temple,synagogue 07. Other,specify: 09. Unknown/Undetermined 023. Hospital or medical facility 024. Supervised residential facility(e.g., shelter, halfway house) 025. Farm State of Death: 026. Jail, prison,detention center Address of Injury: 027. Park, playground, public use area 028. Natural area(e.g., field, river, beaches, woods)029. Hotel/motel 030. Railroad City of Injury: tracks 031. Bridge 099. Unknown State of Injury: Zip Code: 066. Other County of Injury: Incident occurred at victim's residence: Homeless?: 00. No 01.Yes 09. Unknown 00. No 01.Yes 09. Unknown Current occupation status: 01. Employed* 02. Injured at work: 00. No 01.Yes Unemployed 03. Homemaker 04. Retired 05. Student 06. Disabled 08. N/A(e.g., child, retiree, unemployed) 09. Unknown 08. N/A(under 14) 09. Unknown EMS at scene: 00. No 01.Yes 09. Unknown *If employed, list occupation: Time of Injury: : (military time) Date of Injury: / / Victim in custody when injured: DO. Not in custody 0 Survival time: 1. In jail or prison 02. Under arrest, but not in jail 03. Indicate whether minutes, hours,days, months,years Committed to mental hospital (e.g., 0 minutes, 2 hours, 6 months, 9 years, etc.) 04. Resident of other state institution 05. In foster care 06. Injured prior to arrest 08. Other(includes house arrest, State of Birth: electronic monitoring, legal home confinement) 09. Unknown Country of Birth (if not U.S.): Recent release from institution: 00. No evidence or recent release 01.Jail, prison or detention facility 02. Hospital 03. Psychiatric hospital 04. Other psychiatric treatment 05. Long term residential health facility(e.g., nursing home) 06. Supervised residential facility related to alcohol or substance treatment 07. Supervised residential facility not related to alcohol or substance treatment(e.g., halfway house, work release) 08. Other type 099. Unknown 2 2015 WA-VDRS:Law Enforcement Fillable Data Form March 2015 SUICIDE, HOMICIDE, UNDETERMINED, OR LEGAL UNINTENTIONAL INTERVENTION DEATH CIRCUMSTANCES FIREARM DEATH Check all that apply: Check all that apply: Context of Injury: What rY� Mental Health and Substance Abuse Arguments, Conflicts, Previous was the shooter doing at ❑ Current depressed mood Exposure to Violence the time of the injury? ❑ Mental health problem ❑ Argument (Check all that apply): If so, check type (Choose up to 2): ❑ Jealousy (lover's triangle) 01. Depression o2. Bipolar Disorder ❑ Abuse or neglect led to death ❑ Hunting o3. Schizophrenia 04.Anxiety Disorder ❑ History of abuse or neglect as a ❑ Target shooting o5.Post-traumatic stress disorder 06.ADD or child ❑ Self-defensive hyperactivity disorder 07. Eating disorder ❑ Previous perpetrator of violence (in shooting 08. Obsessive-compulsive disorder past month) ❑ Celebratory firing 088. Not applicable o99. Unknown ❑ Previous victim of violence (in past ❑ Loading/unloading 066. Other month) gun ❑ In current treatment for mental illness ❑ Cleaning gun ❑ Ever treated for mental illness Suicide Markers 0 Showing gun to others ❑ Alcohol problem ❑ History of suicide attempts ❑ Playing with gun ❑ Other substance problem ❑ Recently disclosed intent to die by 0 Other context of injury ❑ Other addiction suicide ❑ Left a suicide note Mechanism of injury: Relationship Problems ❑ History of expressed suicidal Why did the injury occur? thoughts/ plans apply): ❑ Intimate partner violence— Homicide (Check all that PP Y): only ❑ Intimate partner problem —Suicide only Life Stressors ❑ Thought safety was ❑ Family relationship problem ❑ Crisis within past 2 weeks engaged ❑ Other relationship problem (recent/impending) ❑ Thought gun was ❑ Contributing criminal legal problem unloaded, magazine Crime Related ❑ Civil legal problems was disengaged ❑ Precipitated by another crime ❑ Contributing physical health ❑ Thought gun was problem unloaded, other Nature of other crime: (Choose up to 2) ❑ Job problem ❑ Unintentionally pulled 01. Drug trade o2. Robbery o3. Burglary ❑ Financial problem trigger 05. Motor vehicle theft o6.Arson 07. Rape, ❑ School problem ❑ Bullet ricochet sexual assault o9. Gambling 010.Assault, ❑ Eviction/loss of home ❑ Gun defect or homicide ❑ Suicide of a friend or family malfunction oil.Witness intimidation/elimination 066. ❑ Other death of friend or family ❑ Fired while holstering/ ❑ Anniversary of a traumatic event unholstering Other(note in narrative) 088. Not applicable ❑ Dropped gun 099. Unknown ❑ Fired while operating Other Conditions: Misc. Circumstances progress ress at time of the ❑ Justifiable self-defense safety/ lock ❑ Crime was in ro ❑ Gun mistaken for a homicide ❑ Victim was a police officer on duty toy ❑ Stalking ❑ Victim was a bystander, not ❑ Other mechanism of ❑ Prostitution or sex trafficking intended target ❑ Terrorist attack ❑ Random violence injury ❑ Walk-by assault ❑ Victim used a weapon ❑ Gang related ❑ Victim (not law enforcement officer) ❑ Drug involvement was an intervener assisting victim ❑ Brawl (physical fight, more than 3 0 Mercy killing people) ❑ Hate crime ❑ Physical fight(2 people) ❑ Mentally ill suspect ❑ Drive-by shooting 3 2015 WA-VDRS: Law Enforcement Fillable Data Form March 2015 SUSPECT INFORMATION (CLOSED CASES) SUSPECT INFORMATION Suspect#1 Suspect#2 Suspect#3 Suspect#4 Last Name First Name, MI Street Address City, State,Zip Date of Birth Age Sex: 1=Male 2=Female 9=Unk - - - Race: (Check all that apply) o White ❑ Black o White o Black ❑White o Black ❑White o Black ❑Asian ❑Asian o Asian o Asian ❑ Pacific Islander ❑ Pacific Islander o Pacific Islander ❑ Pacific Islander o American Indian ❑American Indian o American Indian o American Indian o Other oUnspecified _ o Other oUnspecified o Other oUnspecified o Other oUnspecified Ethnicity: O=Not Hispanic/Latino/Spanish 1=Hispanic or Latino or Spanish 9=Unknown Suspect attempted suicide? O=No 1=Yes,Completed 2=Yes,Attempted FOR ALL HOMICIDES AND ACCIDENTAL FIREARM DEATHS, choose up to two of the choices from the Relationship Codes List* below that best describe the relationship between each suspect and the victim. The victim is the Suspect is Caretaker Evidence of Victim Name Suspect Name/Age of the suspect of Victim Ongoing Abuse (Choose up to 2 relationship codes below) Oyes ❑No Dunk Oyes OW Dunk Oyes ❑No punk Oyes ❑No Dunk Oyes ❑No punk Oyes ❑No Dunk *Relationship Codes List: 1. Spouse 2. Ex-spouse 3.Girlfriend or boyfriend 4. Ex-girlfriend or ex-boyfriend 5.Girlfriend or boyfriend, unspecified whether current or ex 6. Parent 7.Child 8 Sibling 9.Grandchild 10. Grandparent 11. In-law 12.Stepparent 13. Stepchild 14. Child of suspect's boyfriend/girlfriend(e.g.,child killed by mom's boyfriend) 15. Intimate partner of suspect's parent(e.g.,teenager kills his mother's boyfriend) 16. Foster child 17. Foster parent 18.Other family member(e.g., cousin, uncle,etc.) 19. Babysitter(e.g., child killed by babysitter) 20.Acquaintance 21. Friend 22. Roommate(not intimate partner) 23.Schoolmate 24. Current or former work relationship(e.g.,co-worker,employee,employer) 25. Rival gang member 26.Other person,known to victim 27.Stranger 28.Victim was injured by law enforcement officer 29.Victim was law enforcement officer injured in the line of duty 30.Suspect is not a suspect for this victim 31. Relationship unknown 4 2015 WA-VDRS: Law Enforcement Fillable Data Form March 2015 WEAPON TYPE USED IN SUICIDE OR HOMICIDE: (Check all that apply) 01. Firearm 05. Non-powder gun 06. Sharp instrument 07. Blunt instrument 08. Poisoning 09. Hanging/strangulation/ suffocation 010. Personal weapon (foot, fist) 011. Fall 012. Explosive 013. Drowning 014. Fire or burns 015. Shaking (e.g., shaken baby syndrome) 016. Motor vehicle(includes buses&motorcycles) 017.Other transport vehicle(e.g., trains,planes, boats) 018. Intentional neglect(e.g., starving a baby) 019. Biological weapons 066. Other 099. Unknown If Firearm Death,complete information below for injury or suspected injury gun. FIREARM INFORMATION Firearm#1 Firearm#2 Firearm#3 Firearm#4 • Firearm Information Known 0 0 0 0 (Check if yes) Evidence recovered Ogun Obullet Ogun Obullet °gun obullet Ogun °bullet (Check all that apply) Ocasing Ocasing Ocasing Ocasing Type of Firearm (Choose from list below*) Make/Manufacturer or NCIC code Model Cartridge specifications for recovered casings (e.g., .40 S&W, .22 LR) • Caliber Gauge(Shotguns only) Serial number Trace attempted? O=No, gun made before 1969 1=No, other reason 2=Yes, successful 3=Yes, not successful 9=Unknown Listed/reported stolen? O=No 1=Yes 9=Unknown *Type of Firearm List: 1. Submachine Gun 2. Handgun, Unknown Type 3. Handgun, Pistol-Bolt Action 4. Handgun, Pistol-Derringer 5. Handgun, Pistol-Single Shot 6. Handgun, Pistol-Semi-automatic 7. Handgun, Revolver 8. Rifle, Unknown Type 9. Rifle,Automatic 10. Rifle, Bolt Action 11. Rifle, Lever Action 12. Rifle, Pump Action 13. Rifle, Semi-automatic 14. Rifle, Single Shot 15. Rifle- Shotgun Combination 16. Shotgun, Unknown Type 17. Shotgun,Automatic 18. Shotgun, Bolt Action 19. Shotgun, Double Barrel 20.Shotgun, Pump Action 21. Shotgun, Semi-automatic 22. Shotgun, Single Shot 23. Long gun, Unknown type 66. Other(e.g., handmade gun) 99. Unknown 5 2015 WA-VDRS: Law Enforcement Fillable Data Form March 2015 COMPLETE FOR ALL SHOOTERS AND THE FIREARMS THEY USED TO CAUSE INJURY Shooter(name): Shooter(name): Firearm# Firearm# Owner of Firearm: (Choose from list 'A'below) _ Owner of Firearm: (Choose from list A'below) _ Firearm Stored Loaded: (Choose from list 'B'below) Firearm Stored Loaded: (Choose from list'B'below) Firearm Stored Locked: (Choose from list 'C'below) Firearm Stored Locked: (Choose from list 'C'below) (Note: Include a brief summary of where and from whom (Note: Include a brief summary of where and from whom firearm was obtained, and if the individual had authorized firearm was obtained, and if the individual had authorized access to firearm.) access to firearm.) A) Owner of Firearm: B) Firearm Stored Loaded: C) Firearm Stored Locked: 1. Shooter 0. Not loaded 0. Not locked 2. Parent/guardian of shooter 1. Loaded 1. Locked 3. Other family member of shooter 6. Other(note in narrative) 6. Other(note in narrative) 6. Friend/acquaintance of shooter 9. Unknown 9. Unknown 7. Stranger to shooter 66. Other(note in narrative) 99. Unknown IF DRUG/POISON, COMPLETE INFORMATION BELOW: Drug/Poison Information Drug/Poison Drug/Poison 2 Drug/Poison 3 1 Type of drug/poison (Indicate by number all that apply): 1. Street/recreational drugs 2.Alcohol 3. Pharmaceuticals-prescription 4. Pharmaceuticals-over-the-counter 5. Pharmaceuticals-unknown 6. Carbon monoxide or other gas, vapor 66. Other poison (e.g., rat poison, insecticide, lye) 88. Not applicable(not a poisoning) 99. Unknown Name of drug/poison (e.g., Prozac, Fluoxetine, Paxil, Sominex, etc.)or 99999 for Unknown Patient drug obtained for(Indicate by number all that apply): 1. Self(Victim) 2. Spouse 3. Ex-spouse 4. Girlfriend or boyfriend 7. Ex-girlfriend or Ex-boyfriend 8. Girl/Boyfriend, unspecified whether current 10. Parent 11. Child 12. Sibling 13. Grandchild 14. Grandparent 15. In-law 16. Stepparent 17. Stepchild 18. Child of victim's boyfriend/girlfriend 19. Intimate partner of victim's parent(e.g., teenager) 29. Other family member(e.g., cousin, uncle) 30. Babysitter 31.Acquaintance 32. Friend 33. Roommate (not intimate partner) 34. Schoolmate 35. Current or former work relationship(e.g., co-worker) 44.Other person, known to victim 45. Stranger 88. N/A(e.g., not a medication) 99. Relationship unknown If CO, carbon monoxide source: 1. Car,truck, bus 2. Other 8. Not applicable 9. Unknown 6 2015 WA-VDRS: Law Enforcement Fillable Data Form March 2015 Copy, paste or include a brief narrative: (Include details to support circumstances checked on Page 2) Contact Taylor Schraudner to set up an electronic secure file transfer system for your agency at: 360.236.2875 Taylor.Schraudner(c�doh.wa.gov OR Mail this form to: WA Department of Health: Office of Community Health Systems ATTN: Taylor Schraudner, WA-VDRS Program Manager PO BOX 47853 Olympia, WA 58504-7853 7 2015 WA-VDRS: Law Enforcement Fillable Data Form March 2015 NATIONAL VIOLENT DEATH REPORTING SYSTEM Stories from the Frontlines of Violent Death Surveillance NVDRS: STORIES FROM THE FRONTLINES OF VIOLENT DEATH SURVEILLANCE About the Safe States Alliance Established in 1993,the Safe States Alliance is a national non-profit organization and professional association whose mission is to strengthen the practice of injury and violence prevention.Safe States is the only national non-profit organization and professional association that represents the diverse and ever-expanding group of professionals who comprise the field of injury and violence prevention.Safe States Alliance engages in a variety of activities to advance the organization's mission,including: • Increasing awareness of injury and violence throughout the lifespan as a public health problem; • Enhancing the capacity of public health agencies and their partners to ensure effective injury and violence prevention programs by disseminating best practices,setting standards for surveillance, conducting program assessments,and facilitating peer-to-peer technical assistance; 9p 9 9p p • Providing educational opportunities,training,and professional development for those within the injury and violence prevention field; • Collaborating with other national organizations and federal agencies to achieve shared goals; • Advocating for public health policies designed to advance injury and violence prevention; • Convening leaders and serving as the voice of injury and violence prevention programs within state health departments;and • Representing the diverse professionals making up the injury and violence prevention field. For more information about the Safe States Alliance,contact the national office: Safe States Alliance 2200 Century Parkway,Suite 700 Atlanta,Georgia 30345 (770)690-9000(Phone) info @safesatates.org(Email) www.safestates.org NVDRS:Stories from the Frontlines of Violent Death Surveillance.(2013).Atlanta(GA):Safe States Alliance. The development and publication of this document was made possible through funding from the Centers for Disease Control and Prevention (CDC) under the Cooperative Agreement 5U50CE001475-05, "Strengthening State and Territorial Public Health Injury and Violence Prevention Programs." CDC and the U.S. Department of Health and Human Services (DHHS)assume no responsibility for the factual accuracy of the items presented. The selection, omission, or content of items does not imply any endorsement or other position taken by CDC or DHHS. Opinions expressed by and findings and conclusions in this report by the Safe States Alliance are strictly their own and are in no way meant to represent the opinion, views, or policies of CDC or DHHS. References to products, trade names, publications, news sources, and non- CDC websites are provided solely for informational purposes and do not imply endorsement by CDC or DHHS. NVDRS: STORIES FROM THE FRONTLINES OF VIOLENT DEATH SURVEILLANCE FOREWORD We are pleased to present, NVDRS: Stories from the Frontlines of Violent Death Surveillance, a document designed to communicate the unique capacity of the National Violent Death Reporting System (NVDRS) and the benefits states gain rrom participating in this nationwide, state-based surveillance system. The NVDRS links data from vital statistics, medical examiners and coroners, law enforcement, crime laboratories, and other sources to provide—for the first time—a more complete understanding of violent deaths in the U.S., state; and local communities. It zwas established in 2002, is funded by CDC and currently operates in 18 states.The goal is to expand NVDRS participation to all U.S. states and territories. The stories in this document highlight the experience of several NVDRS states by first telling the story of a typical violent death in the state. Each story is told using the kind of data typically gleaned from NVDRS sources—information about victims and suspects, their relationships, important circumstances contributing to the death, and weapons used. To protect confidentiality, the stories reflect typical information, not real deaths. The document also presents recent rates and trends for specific types of violent deaths—valuable data generated by state violent death reporting systems not feasibly collected, linked and analyzed prior to the NVDRS. These data expand our understanding of factors contributing to violent deaths, from homicide- suicides to suicides related to domestic violence and elder abuse. Also included are exciting examples of how states have translated NVDRS data into actions targeting and informing violence prevention efforts at state and local levels. We hope you find this an engaging, useful tool for demonstrating the unique capacity of the NVDRS, building support for this surveillance system and helping expand state participation. As this document illustrates, linking data about violence can save lives. Amber Williams Terry Davis, EdD Executive Director Public Health Advisor Safe States Alliance National Center for Injury Control and Prevention Centers for Disease Control and Prevention NVDRS: STORIES FROM THE FRONTLINES OF VIOLENT DEATH SURVEILLANCE THE NATIONAL VIOLENT DEATH REPORTING SYSTEM (NVDRS) Creating a more complete picture of violent deaths -- In 2010, over 16,250 people were victims of homicide and over 38,360 took their own life, according CURRENT to the CDC. Valuable information about these and other violent deaths is collected by many sources— law enforcement agents, coroners, medical examiners, crime lab investigators, and state vital records NVDRS STATES offices. But these data are rarely combined in a systematic way to provide a complete picture of Alaska violent incidents—a picture with details about victims and suspects, their relationships, important Colorado circumstances contributing to a death, and weapons used. Georgia The National Violent Death Reporting System (NVDRS) is a nationwide, state-based surveillance Kentucky system established in 2002 and funded by CDC to collect data on violent deaths from participating states. The CDC currently funds 18 states, who have each established a state violent death reporting Maryland system and voluntarily report state data to CDC. Massachusetts Michigan Linking data from multiple sources New Jersey The NVDRS collects and links data from four major sources about the same violent death incident: • Death certificates New Mexico • Coroner/medical examiner reports North Carolina • Law enforcement reports Ohio • Crime laboratories Oklahoma Oregon Some states may incorporate additional data sources, including Child Fatality Reviews or Domestic Rhode Island Violence Fatality Reviews.After all identifying information is removed,these data are linked in an anonymous state database and submitted to the NVDRS.The names of individual victims and suspects South Carolina are not released, and laws protecting other types of health department records,such as communicable Utah disease records, also apply to NVDRS files. Virginia Wisconsin The power of an incident-based system ' While some systems—such as vital statistics—count deaths, the NVDRS collects data on the entire violent incident. A single incident can have one or more victims and/or suspects. The NVDRS can identify all victims in a multi-homicide, or link victims and a suspect in a homicide- suicide. WHAT IS A VIOLENT Linking data into one database places a death into context and DEATH? provides information not previously possible, such as: According to the CDC:A violent • the relationship between the victim and perpetrator,including if they knew each other; death is a death that results from the intentional use of physical force or • information about the perpet ator, including criminal history; power,threatened or actual,against • circumstances such as a historiy of depression or other mental health problems, oneself,another person,or a group or community. chronic illness, alcohol or drug use, recent problems with a job, finances or relationships, gang activity, or the recent death of a family member; and • circumstances unique to intimate partner violence, including prior incidents of abuse. Translating data into action The NVDRS provides the nation,states and communities with a clearer understanding of violent deaths and their circumstances by: • describing the magnitude of and trends for specific types of violence, • identifying risk factors associated with violence at state and local levels, and • targeting and guiding state and local violence prevention programs, policies and practices. NVDRS: TORIES FROM THE FRONTLINES • F VIOLENT DEATH SURVEILLANCE TYPICAL DATA FROM NVDRS SOURCES DEATH CERTIFICATE TOXICOLOGY CRIME LAB • Age • Presence or absence of alcohol or drugs in victim(s) Firearms involved • Gender • Type, make & • Residence model LAW ENFORCEMENT • Caliber or gauge • Marital status • Narrative on the circumstances of the death t • Serial number • Profession • Wound locations • Importer's name • Employment status • Weapon information & address • Veteran status • Relationships among victim, perpetrator, others involved • Cause of death • Information on suspect(s) • Manner of death • Potential evidence to substantiate/support conclusion • Time of death about violent death type (suicide,homicide) • Pregnancy status • Presence/absence of suicide note • Interviews with any witnesses,family members, others MEDICAL EXAMINER/ • Critical stressors in victim's life CORONER • Brief narrative of incident CHILD FATALITY REVIEW • Demographics Information on victim's: • Wound location • Household • Weapon information, • Caregivers " patterns on victim • Cause of death • Supervision • Manner of death • Previous contacts with child protective services • Current disease/ health • Relationship with perpetrator condition /•• • Current/recent medical DOMESTIC VIOLENCE FATALITY REVIEW ( • •. treatment • Current medication Information on current/former girlfriend, boyfriend,date,spouse • Length of relationship • Relationships among involved persons (if • Breakup/breakup in progress available) • Court/prosecutor & restraining order records • Circumstances relevant Domestic-violence related services (safety planning, shelter, to death lethality assessment) • Perpetrator criminal history, charge/conviction • # of children exposed to homicide ATA ELEMENTS OVERLAP Same information may come from multiple sources MASSACHUSETTS Violent Death Reporting System Part of CDC's National Violent Death Reporting System Operated by the Massachusetts Department of Public Health, Injury Surveillance Program Collecting data since 2003 MEDICAL EXAMINER DEATH • Female died from CERTIFICATE 4 gunshots to torso • Homicide victim: • Male died from 43-year-old white female 1 gunshot to head • Suicide victim: 52-year old white male LAW ENFORCEMENT .r.. • Co-worker stated victim Irk 10 broken up with suspect '-I 10 days ago • No prior reports of domestic violence HOMICIDE-SU+CIDE IN MASSACHUSETTS he example below tells the story of a typical homicide-suicide in Massachusetts, but to ensure confidentiality, it is not he story of an actual death. The example was created to illustrate the violent death data typically collected and linked in he Massachusetts Violent Death Reportin. .; (MAVDRS). DEATH CERTIFICATE LAW ENFORCEMENT The victim was a 43-year-old white female.' N When the victim, a 43-year-old white She was injured and died in her residence ' female, did not show up for work, the from gunshot wounds. The manner of dea' victim's co-workers called police to assist was homicide. She was an office secretary. in a well-being check. Police responded to Another victim was a 52-year-old white _, the victim's residence and found her on the male. He died at the scene from a gunshot wound to the floor of the living room with gunshot wounds to her torso. head. The manner of death was suicide. He was a laborer Upon further investigation, police discovered the body working in construction. of a 52-year-old white male in the rear of the home with a gunshot wound to his head. A co-worker on the scene stated that the deceased male was the victim's estranged MEDICAL EXAMINER boyfriend. The co-worker stated the victim had broken up with the boyfriend 10 days prior after a relationship of Police responded to the victim's residence. many years. The victim,a 43-year-old white female,died from 4 gunshot wounds to her torso.A second The victim and the boyfriend had one minor child, a victim,a 52-year-old white male,was also 4-year-old son, between them. The child was not at at the scene. He died from a self-inflicted home at the time of the incident. The child was with his gunshot wound to the head.The male is suspected of killing grandmother, the victim's mother, who lives nearby. The the female,and then killing himself.The victims were intimate victim's mother told law enforcement that the victim had partners. complained to her that the boyfriend would get very angry whenever the victim talked about breaking up. According to police reports, there were no prior incidents of domestic violence reported. Family and neighbors also TOXICOLOGY were unaware of any domestic disturbance between the Both the victim and the boyfriend had victim and the boyfriend. negative toxicology results. •).4 MASSACHUSETTS Violent Death Reporting System Part of CDC's National Violent Death Reporting System Operated by the Massachusetts Department of Public Health, Injury Surveillance Program Collecting data since 2003 THE BIG PICTURE Homicide-suicide incidents are rare but violent events with • did not involve an long-lasting effects on families and communities. From intoxicated perpetrator, 2003-2007 in Massachusetts, th re were 41 homicide-suicide . had homicide victims incidents in the state that result d in 49 homicides and 41 sui- cides, who were female O for a total of 90 deaths, p r Massachusetts Violent Death and older than all 4, 1 O Reporting System (MAVDRS) da a. other homicide Among the 41 homicide-suicide incidents (in which the fatal victims on average, injuries were inflicted less than 24 hours apart) during 2003- and homicide suicide incidents 2007, most were: resulted in 49 homicides & • had perpetrators • intimate partner violence-related, who were known to 41 suicides (90 deaths) • perpetrated by white males, the homicide victim. • involved the use of a firearm, TRANSLATING DATA INTO ACTION Capturing new information • analyzed youth-related violent death data for the Before the MAVDRS, there was no official way to capture governor's Safe and Successful Youth Program; and information on homicide-suicide incidents because existing • regularly responds to a variety of data requests from surveillance systems were persoi-based. counties, cities and towns. • The MAVDRS is incident-based, which enables Improving data quality identification of multiple deaths from the same incident Because it double checks data from each source and or between victims and suspects, and provides a better corrects coding mistakes,the MAVDRS has improved the understanding of the violent deaths. quality of data from Vital Records, medical examiners and • Without the MAVDRS, important differences between law enforcement. homicide-suicides and separate, unrelated homicides or Improved collaboration suicides could be missed. Other benefits of implementing the Sharing new informati MAVDRS are improved relationships MAVDRS New information about violent eaths is available through and data sharing among public identifies the MAVDRS, and the Injury Su eillance Program has health, medical examiners and multiple deaths disseminated these findings thr ugh 7 annual data reports, law enforcement agencies. from the same incident, 4 special bulletins and many res onses to data requests. For Improved collaboration connects victims& example, the program: with the Boston Police suspects Department has • identified and disseminated new findings about an increase increased the amount in suicides among middle aged white males, of information on MAVDRS improved ' 'I' I • identified and disseminated new findings about an increase circumstances and data sharing between public health & Boston • in multiple-victim incidents in general, and particularly suspects that the Police Department among homicide-suicide incidents, agency shares with • is tracking the emerging issue of suicide by hydrogen sulfide, the Injury Surveillance which results from mixing household chemicals—chemicals Program. MAVDRS can track that can produce fumes dangerous to first responders and emerging issues, e.g. other people living in the buil ing where an incident occurs; suicide by hydrogen sulfide (household • analyzed train-related death data for the state suicide chemicals) prevention program; NORTH CAROLINA Violent Death Reporting System Part of CDC's National Violent Death Reporting System Operated by the North Carolina Division of Public Health, Injury & Violence Prevention Branch Y Collecting data since 2004 LAW ENFORCEMENT DEATH .—� •Abused methadone, CERTIFICATE 41� used cocaine • 62-year-old male 40, '�� • Depressed, financial • Died from intentional problems overdose of • Previou suicide ADULT methadone attems pt PROTECTIVE MEDICAL SERVICES (APS) • Prior reports due to EXAMINER/ self-neglect CORONER •Extensive psychiatric history, •Victim's pain was 2 previous suicide attempts worsening by overdose •Treated for bi- •Last contact with APS polar disorder was 1 year ago N ELDER ABUSE SUICIDE IN NORTH CAROLINA he example below tells the story of a typical elder maltreatment-related suicide in North Carolina, but to ensure confidentiality, it is not the story of an actual death.The example was created to illustrate the violent death data typically collected and linked in the North Carolina Violent Death Reporting System (NC-VDRS). DEATH CERTIFICATE LAW ENFORCEMENT The victim was a 62 year old male who died The victim was a 62 year old male who was from an intentional overdose of methadone. Cal found unresponsive in his residence after a family member requested authorities do a welfare check on the victim.The victim was I u found lying unresponsive inside his home with an empty MEDICAL EXAMINER/ medication bottle lying nearby.According to his family,the victim suffered from chronic pain after being injured in a COR NER O motor vehicle crash several Y ears earlier. He was prescribed The victim was a 62 year old male who was methadone to control the pain and was noted to abuse his found unresponsive in his residence by a medication.This addiction to prescription medication led to family member who checked on him every the victim using crack cocaine as well.The victim had been morning. EMS was called and'.the victim was pronounced diagnosed with bipolar disorder and was receiving treatment. dead on the scene. The victim had many health problems He was described as depressed in the weeks leading up to which resulted in significant pain. He was prescribed his death due to his addiction,which had resulted in financial 9 P P roblems.The victim had attempted suicide in the past but methadone to control the pain. According to his friends, problems. p p the victim felt his condition was worsening and didn't the method is not known. The victim did not leave a note. feel that he would get any better. The victim also had been diagnosed with bipolar disorder and was receiving treatment. The victim was described as depressed in the weeks leading up to his death due to his health condition ADULT PROTECTIVE SERVICES and limited finances. There was no information on whether Several reports were made due to self-neglect the victim had ever attempted or threatened suicide in and concern from the victim's family. The victim the past and he did not leave a note. It was determined was known to have a long psychiatric history that the victim died from an intentional overdose of and was not compliant with his medication.The methadone. victim had been involuntarily committed on several occasions and attempted suicide twice by overdose.The reports were substantiated and the victim last had contact with the Department of Social Services a year prior to his death. NORTH CAROLINA Violent Death Reporting System Part of CDC's National Violent Death Reporting System •perated by the North Carolina Division of Public Health, Injury & Violence Prevention Branch • ollecting data since 2004 THE BIG PICTURE Elder maltreatment is an increasing problem across the U.S., Older adults, dis- and this maltreatment may contribute to suicide and homicide abled adults and among older adults. Data from the North Carolina Violent disabled eman- Death 81 % Reporting System (NC-VDRS) show that for the 652 cipated minors elder North Carolina residents who died as a result of vio- served by North lence from 2008 to 2009, Carolina's Adult of the 652 elder deaths from • 530 (81%) were suicide-related, Protective violence in 2008-2009 were Services may be • 34% of all elder males and 48% of elder females had been particularly vulner- suicide-related characterized as having a current mental health problem by a able to abuse and medical professional, and neglect, and at risk • 32% of males and 31% of females disclosed their intention to for a violent death. commit suicide to someone else. RANSLATING DATA INTO ACTION Few states have surveillance systems which allow them to Targeted services & improved programs adequately understand the magnitude of elder maltreatment in heir state. North Carolina improved its elder maltreatment The Division of Aging and Adult Services used the linked data surveillance by linking data from the North Carolina Violent to work with APS in counties where these deaths occurred to Death Reporting System (NC-VDRS)with records from better target elder maltreatment prevention programs and improve staff Division of Aging and Adult Services' Adult Protective ff training to identify violent death risks, such Services (APS), which works through 100 county social as indications of suicidal ideation or prior attempts. services departments to identify and serve adults in need of New adult fatality review process protective services. Based on its collaboration with the New linked data NC-VDRS,the Division of Aging North Carolina quantified and described—for the first time and Adult Services is developing NC-VDRS & violent deaths among persons age 18 and above in care of an adult fatality case review APS data linked for APS. During 2005-2008: protocol and data collection the process that will be conducted first time • Most APS deaths were among females, but males for every adult in APS °"" accounted for over 60%of violence-related APS deaths. who dies. • Violence-related APS deaths occurred most often among persons ages 45-54, while all other types of APS deaths APS can better occurred most often over age 75. target elder liii. • Among adults in APS care who died from suicide, over 70% maltreatment were identified as having a mental health diagnosis and almost prevention 70%were receiving treatment at the time of their death. programs Case-level data Linking NC-VDRS and APS data provided important case- Adult Fatality level information, including if the person had ever been or was Case Review will be currently in APS care at the time of death, and if so,the county conducted for every social service involved at the time of death, the length of time in adult who dies in this care, and the type of protective services received. APS care OHIO Violent Death Reporting System Part of CDC's National Violent Death Reporting System Operated by the Ohio Department of Health, iolence & Injury Prevention Program Collecting data since 2010 A LEGISLATIVE APPROACH TO ESTABLISHING THE OH-VDRS To establish the Ohio Violent Death Reporting System (OH- The OH-VDRS Advisory Board included representatives from VDRS), the Ohio Department of Health determined that coroner and law enforcement associations, who spoke on legislation that mandates reporting by key data providers behalf of the OH-VDRS during legislative hearings. —including coroners and law enforcement agencies—was a Legal counsel from the Ohio Department of Health helped the necessary first step. VIPP to draft model language.Staff from the department's Office CHALLENGES of Government Affairs helped to identify potential legislative paths Like many states, Ohio has no centralized coroner or for the OH VDRS legislation(e.g.state biennium and mid biennium law enforcement data systems. Prior to the OH-VDRS, a budget bills)and respond to requests about the legislation. request for data about a death had to be made to one of 88 LEGISLATION county coroners, and at least one of the state's 900+ local law After multiple attempts over two years, legislation was enforcement agencies. passed that (1) established the OH-VDRS, (2) authorized the Existing state laws regarding confidentiality presented Ohio Department of Health to study and collect violent death challenges for establishing the OH-VDRS, including Ohio's data, (3) mandated reporting from key data sources relevant Sunshine Laws(Public Records Law&Open Meeting Acts), to the OH-VDRS, and (4) deemed all data collected and which allow any person to make a request for information;law subsequent work products to be confidential and exempt enforcement records that remain confidential while a death from public record requests. is under investigation(for homicides,this may take years);and IMPACT OF LEGISLATION coroner records,which include investigative notes that may remain confidential,while other coroner data are made public. & MANDATED REPORTING PARTNERSHIPS Ohio's legislation requiring confidential, mandated reporting contributed to the credibility and effectiveness Partnerships with coroners, medical examiners and law of the OH-VDRS.The legislation: enforcement agencies—and the professional associations representing these partners—were central to the • supports the OH-VDRS when it requests data from successful passage of the legislation. coroners, medical examiners and law enforcement, and supports coroners and law enforcement when they release To educate partners,the Violence & Injury Prevention Program data to the OH-VDRS; (VIPP) provided information about the OH-VDRS to coroners, law enforcement and others. Partners supported the OH-VDRS • ensures that data collected for the OH-VDRS will be used and recommended a legislative approach once they understood for valid public health reporting purposes; and how their data would be kept confidential and used for • has resulted in high participation rates—almost 100%among violence prevention efforts (not typical prior to the OH-VDRS). coroners and about 80% among law enforcement—which in They also valued being able to share county-level data from turn help ensure OH-VDRS's long-term sustainability. the OH-VDRS with prevention partners in their communities. THE BIG PICTURE Prior to establishing the OH-VDRS, the Violence & Injury Pre- Among women who died from homicide vention Program (VIPP) had little data to support its assump- • 54.2%of these deaths were related to intimate partner tions about different kinds of violent deaths. Now the state violence. has important information about violent deaths. For example: • In 2010, there were 2,192 violent deaths in Ohio. Among persons who died from suicide • 65%, or nearly two-thirds, of these violent deaths were suicides. • 41.3%were currently depressed, • About 25% of these deaths were homicides. • 53.1% had a current mental 54.O,/o health problem, of homicide deaths OH-VDRS data also includes information about the circumstances of violent deaths. With these data, the VIPP has • 21.7% had a previous suicide among women were evidence that: attempt, and 30.8% had related to intimate partner violence disclosed their intent to someone. RHODE ISLAND Violent Death Reporting System Part of CDC's National Violent Death Reporting System Operated by the Rhode Island Department of Health Center for Health Data and Analysis and Office of State Medical Examiners Collecting data since 2004 TOXICOLOGY DEATH •Victim had a Blood CERTIFICATE Alcohol Concentration of 0.32 • 43-year-old white male victim • Divorced, unemployed LAW • Died at home due IF) ENFORCEMENT to asphyxiation /.....y • Neighbor saw victim from hanging /116. hanging in garage • Ex-wife stated victim had history of alcoholism &their divorce was finalized one week ago A SUICIDE IN RHODE ISLAND he example below tells the story of a typical suicide in Rhode Island, but to ensure confidentiality, it is not the story of an actual death. The example was created to illustrate the violent death data typically collected and linked in the Rhode Island Violent Death Reporting System(RIIV• DEATH CERTIFICATE d` MEDICAL EXAMINER/ The victim was a 43-year-old white mal " CORONER who lived in a suburb in central Rhode The 43-year- old, white male vvictim died Island. He was a divorced, unemployed machinist. He died at home due to from asphyxia due to hanging. He had a asphyxia from hanging. The manner of tattoo of the Road Runner on his lower left death was suicide. forearm and a tattoo of a knife over his heart. He had ligature marks under and around his neck. The investigator reports the victim was found hanged in his garage where there were numerous empty beer cans LAW ENFORCEMENT scattered around. The victim's friend reports the victim had Law enforcement responded to the victim's recently lost his job and recently been divorced. home when a neighbor notified law enforcement that when he was returning a tool he borrowed from the victim, he TOXICOLOGY noticed the victim hanging in the victim's garage. While law enforcement were Toxicology reports showed the victim had I g investigating, the victim's ex-wife arrived on scene and a Blood Alcohol Concentration of.32. stated that a week prior their divorce had been finalized. There • were no other drugs in his system. •• • The victim's wife also stated that she had left him because . •. he stopped going to treatment for his alcoholism. She stated the victim would become violent when he drank and she thinks his drinking also caused him to lose his job. She said he has a history of depression and had been MEDICAL RECORDS treated for it in the past. She also stated he had no past The victim had been treated for history of suicide attempts or ideation. A note was found depression several years earlier and had where the victim stated he felt worthless and could not no no history of suicide ideation or attempts. on without his family. 1 RHODE ISLAND Violent Death Reporting System Part of CDC's National Violent Death Reporting System Operated by the Rhode Island Department of Health, Injury & Violence Prevention Program Collecting data since 2003 THE BIG PICTURE In Rhode Island during 2010, there were 165 violent deaths: • Just over half(52%) of 135 suicides, 26 homicides and 4 deaths of undetermined those who died by manner. The number of suicides in Rhode Island peaked in suicide had a current 25% 2010, declining from 102 suicides in 2011 to 89 in 2012, based mental health on provisional 2012 data. problem, and 43% were currently of those who died by RIVDRS data for 2004-2010 show that: receiving mental suicide experienced a • During this seven year period, there were a total of 731 health treatment. crisis in the two weeks suicides in Rhode Island. • Nearly one in • Males(78%) were far more likely to commit suicide than five (18%) of those prior to death. females (22%). who died by suicide • Male and female suicide deaths peaked in the age group experienced an intimate 45-54 years. partner problem. • There were 18 suicides among those aged less than 18 (15 • 25%of those who died by suicide experienced a crisis in the males, 3 females). two weeks prior to death. • Only 37%of those who died by suicide left a note. TRANSLATING DATA INTO ACTION Data from the Rhode Island Violent Death • An "Economic Impact of Depression and Suicide in the Reporting System (RIVDRS) provided Workplace"symposium, co-sponsored by the Violence & Injury Prevention Program and Coastline Employee new information on suicide and a better Assistance Program, increased awareness understanding of who is at risk. of depression and suicide among • RIVDRS data were used by the Department of Health's working age adults and provided RIVDRS data strategies for integrating Violence & Injury Prevention Program and its prevention show working age partners for ground-breaking priority setting and program suicide prevention into adults are at increased planning. worksites. risk for suicide • Using new suicide data from the RIVDRS, the Suicide • Symposium participants Prevention Subcommittee of the Rhode Island Injury induded high-level Community Planning Group identified the adult, working managers and RIVDRS shares age population as being at increased risk for suicide and human resource data with suicide dill representatives revention artners suicide attempts. from the two & 2 of state's largest • The data were shared with key partners through the largest employers employers subcommittee's members, including the State Medical in Rhode Island. Examiner, RIVDRS Program Manager and Epidemiologist, Employee Violence & Injury Prevention Program manager, and • Coastline Employee assistance program representatives from the Samaritans, American Foundation Assistance Program adds suicide prevention for Suicide Prevention, community health and mental health integrated suicide prevention to its mission, refers centers, Bradley Children's Hospital, Brown University, into its mission statement and at-risk employees to y p now provides training in early clinical staff Coastline Employee Assistance Program, and the Rhode identification and referral of at risk Island Student Assistance Program. employees to their clinical staff as well as their clients. UTAH Violent Death Reporting System Part of CDC's National Violent Death Reporting System Operated by the Utah Department of Health, Violence & Injury Prevention Program Collecting data since 2005 LAW ENFORCEMENT MEDICAL • 54-year-old Hispanic EXAMINER/ male suspect has history DOMESTIC CORONER of assault/domestic violence VIOLENCE •Victim's ex-boyfriend FATATLITY REVIEW• DEATH confessed to homicide r--. COMMITTEE • 14-year-old daugh �� •Victim referred to victim CERTIFICATE ter witnessed .. �� • 51-year-old Hispanic homicide 0 advocate after being hos- female died in her IP — pitalized from injuries home from stab — inflicted by suspect wounds 2 months ago • A DOMESTIC VIOLENCE HOMICIDE IN UTAH he example below tells the story of a typical domestic violence-related homicide in Utah, but to ensure confidentiality, it is not the story of an actual death.The example was created to illustrate the violent death data typically collected and linked in the Utah Violent Death Re >,.x', .• . .--, - R� . UTVDRS). DEATH CERTIFICATE r LAW ENFORCEMENT A 51-year-old Hispanic female died at herrr. The suspect is a 54-year-old Hispanic male.The residence. She was stabbed five times in victim and suspect were reported as arguing early her abdomen with a large kitchen knife. ..., this morning.Witnesses at the scene indicated The manner of death is homicide. they saw the suspect at the victim's home several times in the past few days. Once,the victim and suspect were seen fighting in the yard;the suspect slapped the victim and then immediately left. MEDICAL EXAMINER/ The suspect had a long criminal history with several charges CORONER relating to assault and domestic violence in the presence of The victim was a 51-year-old Hispanic female a child.The suspect's criminal history shows an escalation in who died from five stab wounds to her violence-related charges over the past year.The last incident abdomen.The suspect used a kitchen knife to occurred five weeks prior to the victim's death. stab the victim.The death was determined to be a homicide. Two months prior,the suspect assaulted the victim,who required Emergency medical services responded to the victim's hospitalization due to the assault.The suspect confessed to residence early this morning.The call was made by the 14- clergy that he had assaulted the victim two months prior. year old daughter of the victim and the suspect,a 54-year-old Hispanic male,who is the victim's ex-boyfriend.The suspect confessed to their daughter that he had stabbed the victim. DOMESTIC VIOLENCE FATAL) The 14-year old daughter indicated that the victim was REVIEW COMMITTEE 11111111 , afraid of the suspect and overheard her mother telling a friend that he would kill her one day. The victim was The suspect stalked and harassed the victim . no longer interested in the suspect and was planning on Two months prior to her death, the victim wa .a.a► getting married to another man. The victim indicated referred to a victim advocate after she was that this news upset the suspect, but that he just needed hospitalized for injuries inflicted by the suspect. The victim time would soon accept her decision to re marry, and was advised to seek domestic violence shelter services. The would then leave her alone. victim received relocation funds for a new apartment after the assault. For the homicide, the Office of Crime Victim The victim also had three fractures in her arm and Reparations paid for counseling and mental health services bruises on her back in various stages of healing. for the 14-year old daughter and for costs of the victim's Toxicology reports indicate that the victim had no funeral. The suspect pleaded down from manslaughter(First substances present. Degree Felony)to a Second Degree Felony. r 1 UTAH Violent Death Reporting System R Part of CDC's National Violent Death Reporting System •perated by the Utah Department of Health, Violence Injury Prevention Program ollecting data since 2005 — THE BIG PICTURE w. Domestic violence is one of the fastest growing violent crimes in • 91%of the domestic violence- 78% Utah. Findings from the 2010 publication, Domestic Violence Fatah- related suicide victims ties in Utah,2003-2008, by the Utah Department of Health's Violence experienced a crisis prior of the 147 children directly and Injury Prevention Program and the Domestic Violence Fatality to the incident or faced an exposed to a homicide in Review Committee, include: impending crisis—the most 2003-2008 were age • 1 out of 3 adult homicides are domestic violence homicides. common of which was facing a 5 or younger criminal legal problem such as a • Females are 10 times more likely than males to die from recent or impending arrest, police domestic violence. pursuit,or an impending criminal • The majority of domestic violence homicides are committed court date(32.7%). by males. • In 44%of intimate partner violence incidents,one or more • While Hispanic persons comprise only 10%of Utah's population, children under age 18 were living at the victim's home at the time they account for 77%of domestic violence victims. of the incident(76 children total). • 52%of intimate partner homicides were premeditated. • 147 children under age 18 were directly exposed to the homicide • One-third of domestic violence perpetrators committed suicide —they saw it,heard it through the walls,were attacked or after committing a homicide. threatened during the incident,or discovered the body.Of these children,78%were 5 years old or younger. RANSLATING DATA INTO ACTION UTVDRS data expanded Better data provide more complete picture of Through their collaboration on to include any intimate domestic violence deaths the UTVDRS, the VIPP and partner,family member or • decade ago,it was difficult to know the extent of domestic violence DVFRC helped inform a pol- roommate in incident in Utah because of limited data.The Utah Violent Death Reporting icy change to close a gap in System(UTVDRS)has developed a more complete picture of domestic services for the children of iolence and its tragic impact on men,women,and children by: domestic violence-related Worked with homicide victims. state DFCS liii. • fostering a strong partnership between the Utah Department • to close gap of Health's Violence and Injury Prevention Program (VIPP) and recommendations from in services for the state's multi-disciplinary Domestic Violence Fatality Review a Domestic Violence victim's children ' Committee (DVFRC), which includes more than 9 agencies, Fatality Recommendations • expanding domestic violence data collection beyond the Symposium,the VIPP and Children of victims victim and suspect to include any intimate partner, family DVFRC worked with the state now connected to member and/or roommate involved in the incident, Department of Children and Family mental health & Services(DFCS)to increase immediate other services • combining national and state-specific intimate partner referrals to DFCS at the time of a violence variables to enable the UTVDRS to collect more—and homicide—usually by law enforcement more detailed—domestic violence-related data, and investigating the death—if the victim or perpetrator has one • linking data in the UTVDRS to identify and review—for the or more children in the home, regardless if a child was present first time—when a domestic violence suspect committed during the incident. suicide after the homicide. • These referrals enabled these children and their Linking children of victims to needed services families to receive an assessment and get connected to Intimate partner violence is particularly damaging to children intervention and follow-up services, such as mental health ho witness this violence. They are at greater risk of developing services, to help cope with the homicide and other domestic psychiatric disorders, developmental problems,school failure,vi- violence-related issues. olence against others, and low self-esteem, and younger children • A referral to DFCS was made in 13 (46%) of the 28 intimate pically display higher levels of distress than do older children. partner violence incidents with children in the home during 2003-2008. IRGINIA Violent Death Reporting System Part of CDC's National Violent Death Reporting System Operated by the Virginia Department of Health, Office of the Chief Medical Examiner Collecting data since 2003 MEDICAL EXAMINER • Suffering from lung cancer DEATH • Had stopped chemotherapy CERTIFICATE •Taking pain medication • 82-year-old white male '• IP • Widowed veteran LAW • Suicide ENFORCEMENT • 2 bottles of prescription pain meds on counter ` • Suicide note left by victim •Victim's daughter said her father would kill himself if cancer got bad again SUICIDE IN VIRGINIA he example below tells the story of a typical suicide in Virginia, but to ensure confidentiality, it is not the story of an actual death. The example was created to illustrate the violent death data typically collected and linked in the Virginia iolent Death Reporting System (VVDRS). DEATH CERTIFICATE LAW ENFORCEMENT The victim was an 82-year-old white man Law enforcement was called to the victim's home who lived in a small rural community in when a neighbor reported that she had not seen Southwest Virginia. He was a U.S. citizen him fora few days. His car was in the driveway. born in North Carolina. He was a widowed Law enforcement responded fora welfare veteran and a retired truck driver for a check and discovered a mildly decomposed regional supermarket chain. He died at home from a body on the living room floor of the home with a revolver gunshot wound to the head. The manner of death was lying near the right side of his body.The home was locked and suicide. secure.Law enforcement described the home as clean and neat with no evidence of foul play or intrusion.Notes on a nearby table provided post-mortem instructions on bills and funeral arrangements and a copy of his will.Two bottles of prescription MEDICAL EXAMINER/ medicine,one for Oxymorphone and one for Percocet,were found on the kitchen counter.Law enforcement interviewed CORONER the victim's daughter who reported that her father had been The victim died from a gunshot wound to diagnosed with a recurrence of lung cancer five months ago and the head. Entrance and exit wounds reveal complained about significant pain. He had told family and friends a single intra-ora I shot using a revolver. repeatedly that if his cancer ever got bad again,he would just end Other pathological diagnosis included it.The daughter reported that her father had no history of mental lesions on his right lung and a history of surgical removal health problems and that he did not like to take pain medications of the lower lobe of the left lung. The victim had a tattoo because it made him sleepy and caused him to lose his balance. with a U.S. Navy 1949-1951 anchor on his right forearm. Bruising on his forehead at autopsy suggested that he had fallen and hit his head near the time of his death. Medical TOXICOLOGY records revealed that he was suffering from lung cancer, Toxicology studies revealed that the victim had stopped receiving chemotherapy, and was recently did not have any opiates in his blood, but referred to a pain management specialist because he was •• frustrated with his level of pain. Pill counts revealed he had did have a Blood Alcohol Concentration of h h taken one dose of Oxymorphone and one of Percocet. .028. Medical records showed that e had gone to a pain specialist who prescribed Oxymorphone and Percocet. IRGINIA Violent Death Reporting System Part of CDC's National Violent Death Reporting System •perated by the Virginia Department of Health, •ffice of the Chief Medical Examiner . -- ollecting data since 2003 HE BIG PICTURE Elder suicide is a complex social problem that is often over- • elder and non-elder shadowed by a focus on suicide among youth, college stu- suicides differ notably in dents or veterans. Data from the Virginia Violent Death Report- the circumstances and Suicide rates ing System (WDRS) show that: life events that lead increase for elder to suicide, including men as they age, but • elders have a higher suicide risk (rate of 15.6) than non- the presence of mental elders (rate of 10.7); and physical health decrease for elder • elder men are 6 times more likely than elder women to die problems. women from suicide, and as elder men age, their suicide rate increases while it decreases for elder women; and RANSLATING DATA INTO ACTION WDRS data show new picture of elder suicide Educating elder suicide is fundamentally different Combining data sources through the VVDRS enabled the Vir- through data from non-elder suicide ginia Department of Health to: • In response to frequent • develop a new and more complete picture of elder suicide media and community Regional by exploring it as a separate and unique phenomenon; level requests for suicide • identify what makes elder suicide fundamentally different data,WDRS staff prevention provided rovided liii. from non elder suicide—including life altering events such as plans a change in marital status, onset of illness, loss of capacity for data, radio developed via independent living, and mental and physical health problems; and newspaper 7 summits interviews, and ' • make recommendations for where to target prevention education around efforts, particularly among older men; and the fact that suicide is more common than homicide State suicide • conclude, in its report Elder Suicide in Virginia: 2003-2010, prevention coordinator that elder suicide is an issue that can only be addressed in Virginia—a fact that often hired by state mental by treating it as distinct from non-elder suicide. surprises those requesting the data. health agency Regional summits increase resources • Since the WDRS began publishing its data,staff has seen a jump in requests • Spurred by the release of the WDRS data,the Virginia —from about 3 to 30 per year. Department of Behavioral Health and Developmental Services • With the WDRS,the Department of Health can respond with —a key partner and WDRS Advisory Committee member— more robust, useful and finely-tuned information—including the funded 7 regional suicide summits to bring together mental health, public health and other violence prevention advocates circumstances, methods of fatal injury, and risk factors related for a day of suicide prevention planning. to violent deaths that enable communities to hone in on specific local issues and inform the work of their prevention • In each region, Department of Health staff used WDRS specialists. data to give a tailored data presentation on suicide. Summit • Specialized VVDRS reports on the circumstances of a participants then looked at state and local resources and particular type of violent death —such as who dies at work developed a regional suicide prevention plan to address and the issue of suicide among military members—have at-risk populations and the specific circumstances associated garnered extensive interest from the media, data users and with suicide in their communities. stakeholders. • Based on WDRS data and the momentum generated by the regional summits, the Virginia Department of Behavioral Health and Developmental Services requested and received funding for a state suicide prevention coordinator to address suicide issues across the lifespan. ACKNOWLEDGEMENTS STORIES FROM THE FRONTLINES OF VIOLENT DEATH SURVEILLANCE Safe States Alliances thanks the individuals who contributed to NVDRS: Stories from the Frontlines of Violent Death Surveillance. State health department staff in six states contributed their time to gather and share information, data and their experiences with the NVDRS and their state violent death reporting systems.Their effort made this document possible. They are listed below, along with their contact information. MASSACHUSETTS RHODE ISLAND Lauren Larochelle Samara Viner-Brown Injury Surveillance Program Center for Health Data & Analysis Massachusetts Department of Public Health Rhode Island Department of Health 250 Washington Street, 6th Floor 3 Capitol Hill, Room 407 Boston, MA 02108 Providence, RI 02908 (617) 624-5664 (401) 222-5122 lauren.larochelle @state.ma.us samara.viner-brown @health.ri.gov www.mass.gov/dph/isp www.health.ri.gov/programs/healthdataandanalysis/ NORTH CAROLINA UTAH Tammy Norwood Anna Fondario N.C. Department of Health and Human Services Trisha Keller NC-VDRS Program Manager, Injury and Violence Violence and Injury Prevention Program Prevention Branch Utah Department of Health 5505 Six Forks Road PO Box 142106 Raleigh, NC 27069 Salt Lake City, UT 84114-2106 (919) 707-5432 (801) 538-6141 tammy.norwood @dhhs.nc.gov afondario @utah.gov www.injuryfreenc.ncdhhs.gov trishakeller @utah.gov www.health.utah.gov/vipp/NVDRS/Overview.html OHIO Jolene DeFiore-Hyrmer VIRGINIA Ohio Violence and Injury Prevention Program Virginia Powell Ohio Department of Health Office of the Chief Medical Examiner 246 N. High Street, 8th Floor 737 North 5th Street, Suite 301 Columbus, Ohio 43215 Richmond, VA 23219 (614) 644-0135 (804) 205.3856 jolene.dhyrmer @odh.ohio.gov Virginia.Powell @vdh.virginia.gov www.healthy.ohio.gov/vipp/ohvdrs.aspx www.vdh.virginia.gov/medExam/ FatalityReviewSurveillance.htm Kristen Lindemer of Safe States Alliance compiled and edited the document . Graphic design and layout by Melba Searcy, Creative Director, Toasted Ink (Atlanta). COUNCIL MEETING DATE: May 19,2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: Identifying and making a recommendation for a preferred alignment and station location for the Federal Way Link Extension. POLICY QUESTION: Should the City Council approve a Resolution recommending that Sound Transit choose the City's preferred I-5 alignment alternative and corresponding station locations? COMMITTEE: FEDRAC MEETING DATE: April 28,2015 COMMITTEE: OF THE WHOLE MEETING DATE: May 5,2015 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Amy Jo Pearsall, City Attorney DEPT: Law Attachments: Proposed Resolution Options Considered: • 1. Approve the attached Resolution. 2. Do not approve the attached Resolution. MAYOR'S RECOMMEND: I N: I ption 1 MAYOR APPROVAL: S' V 5 .. "7.7t DIRECTOR APPROVAL:AV ommi a Council r /5- Initial to ,114"41 V.& Initial/Date / CHIEF OF STAFF: �l,/""1� y.& - /. • Committee / Council J Initial/Date Initial Late / �// COMMITTEE RECOMMENDATION: 1i/WVE 7 P� Sed1et5a�i�It j�'J_ S ?�S u�.e /nG� "� Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Resolution." (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# RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington,identifying and making a recommendation for a preferred alignment and station locations for the Federal Way Link Extension to Federal Way. WHEREAS, in 2008, the voters authorized the Central Puget Sound Transit Authority ("Sound Transit")under the Sound Transit 2 Plan("ST2")to proceed with an expansion of its Link Light Rail Transit service to the City of Federal Way ("Federal Way Extension"); and WHEREAS,the Federal Way Extension will benefit City residents and businesses and will serve as a catalyst for new development in the City Center Area; and WHEREAS, Sound Transit released a Draft Environmental Impact Statement("DEIS")on April 10, 2015 with a public review and comment period closing on May 26, 2015; and WHEREAS,the DEIS identified multiple potential alignment and station locations for the extension to the City; and WHEREAS,the alignment locations include routes generally along I-5 and SR 99 between S 200th Street in the City of SeaTac and Federal Way's City Center; and WHEREAS,stations are proposed in the vicinity of Highline Community ty College,S 272nd Street, and the Federal Way City Center; and WHEREAS, Sound Transit determined in its DEIS that, in comparison to alternative alignments along SR 99, alternative alignments along I-5 would affect the lowest number of parcels, would displace the fewest businesses,would convert the least amount of land from developable to undevelopable property,would have the lowest adverse impacts on City tax revenues,would create Resolution No. 15- Page 1 of 5 Rev 1/15 the lowest number of visual and noise impacts, would have the lowest cost, and would have with roughly equivalent ridership and travel times; and WHEREAS,on average alternative alignments along SR 99 will cost$400 Million more than alternative alignments along I-5; and WHEREAS, the least expensive alternative alignment along SR 99 ($1.72 Billion)would cost$280 Million more than the most expensive alternative alignment along I-5($1.44 Billion);and WHEREAS, alternative alignments along SR 99 would impact businesses that had already been disrupted with the $100 Million improvements and reconstruction of SR 99; and WHEREAS, alternative alignments along SR 99 would provide transit service that is duplicative to Metro's RapidRide A Line and leave remnant parcels that may not be able to be redeveloped;and WHEREAS, while an SR 99 alignment may provide more land with transit-oriented development potential at the 272nd station location,continued weak market conditions may negate any potential benefits associated with such development; and WHEREAS,these concerns about an SR 99 alignment exist with a potential future extension to Tacoma; and WHEREAS, station locations that are as close as possible to Highline Community College would maximize ridership; and WHEREAS, station locations that are as close as possible to Federal Way Transit Center would assure good transit connections; and Resolution No. 15- _ Page 2 of 5 Rev 1/15 WHEREAS, station locations that provide good pedestrian connections to existing and planned developments in the City Center would improve the viability of economic development in the City Center; and WHEREAS,station locations that are as close as possible to the existing transit station would facilitate better cross connections between transit modes and improve the overall efficiency, usability, and desirability of the transit system; and WHEREAS, station locations in the east portion of the city center, rather than the west portion, will provide excellent opportunities for transit-oriented development with less negative impact associated with guide way encumbrances, while still facilitating an I-5 alignment; and WHEREAS, the City of Federal Way wishes to make Sound Transit aware of the issues raised for the City in the DEIS so they will be considered by Sound Transit for their determination of a"Preferred Alternative." NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. City Concerns. The City's issues, concerns, comments, resulting from Sound Transit's DEIS are hereby forwarded to the Sound Transit Board to be addressed and considered prior to selecting a"Preferred Alternative." Section 2.Preferred Alignment.Based upon a detailed analysis of the alternatives,review of the DEIS,and public outreach,the City Council hereby expresses its preference for an I-5 alignment as identified in the DEIS; Resolution No. 15- Page 3 of 5 Rev 1/15 Section 3. Preferred Station Location near Highline Community College. Based upon a detailed analysis of the alternatives, review of the DEIS, and public outreach, the City Council hereby expresses its preference for a station location east of Highway 99, the exact location and details of which should be negotiated with the City's affected regional partners including the Cities of DesMoines and Kent and Highline College. Section 4. Preferred Station Location in City Center. Based upon a detailed analysis of the alternatives, review of the DEIS, and public outreach, the City Council hereby expresses its preference for a hybrid station location generally located along the west side of 23rd Avenue S straddling S 320th Street that would be consistent with an extension to Tacoma along I-5. A conceptual design of this preference is attached hereto as Exhibit A and is incorporated by this reference. Section 5. Severability.If any section,sentence,clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. i r this resolution are authorized to Section 6. Corrections. The City Clerk and the codifiers of th o make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 7.Ratification.Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Resolution No. 15- Page 4 of 5 Rev 1/15 Section 8.Effective Date.This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 19th day of May, 2015. CITY OF FEDERAL WAY MAYOR,JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 15- Page 5 of 5 Rev 1/15 Resolution No.15- EXHIBIT A Z g T CD iv v co T co 1 E 20th Ave.5, at • H n W N a .a 3 ON r` � s� iv o a 0 eve.5. 0 --, a -, 0. tan' 1 e4 e. 4 .L i ,11 '.■ " ` a3 .114 e4 S sir., r n � a 3 A 3 Elio :-a b � cn 2i1iRtu s `. :: N ; Y cn n ._. O ZE` i o ^ O X 3 ass • cl a. } t __!_______j \,..„.______ E 2 = A - n O COUNCIL MEETING DATE: May 19,2015 ITEM#: �l CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:PROPOSED LETTER TO SOUND TRANSIT BOARD REGARDING THE CITY'S PREFERRED I-5 ALIGNMENT AND CORRESPONDING STATION LOCATIONS. POLICY QUESTION: Should the Mayor and Deputy Mayor sign the attached letter to Sound Transit Board Chair Dow Constantine regarding the City's preferred I-5 alignment and corresponding station locations? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Amy Jo Pearsall DEPT: Law Attachments: Proposed letter to Sound Transit Board Chair Dow Constantine. At the May 5, 2015 City Council meeting, Sound Transit presented the various alignment options for the Federal Way Link Extension. A Resolution addressing the City's issues, concerns, and comments regarding the alignment options and recommending that Sound Transit utilize an I-5 alignment will be presented for approval tonight. In addition to the Resolution, the attached letter to Sound Transit Board Chair Constantine would present the City's recommendation and preferred alignment option. Options Considered: 1. Approve the proposed letter to Sound Transit Board regarding the City's preferred alignment option and authorize the Mayor and Deputy Mayor to sign on behalf of the City. 2. Do not approve the_.proposed letter to Sound Transit Board. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A 51/4/15" DIRECTOR APPROVAL: Ali) SJt 3)t5 Committee J. Council Initial/D e Initial/Date Initial/Datee CHIEF OF STAFF: N/Ad Committee Initial/Date In'):l/Date COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed letter to Sound Transit Board Chair Dow Constantine regarding the City's preferred alignment option and authorize the Mayor and Deputy Mayor to sign on behalf of the City." (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# May 20, 2015 Dow Constantine Chair, Sound Transit Board 401 S. Jackson St Seattle,WA 98104-2826 Dear Chair Constantine: We, the undersigned elected Mayors and City Council Presiding Officers, are writing the Sound Transit Board to recommend a Preferred Alignment along SR 509 and I-5, 0-f• with pedestrian access from the Station to Highline College by an elevated CI(Y pedestrian/bicycle bridge from east of SR 99 to the College. We also support continuation of Metro's bus routes that access the College campus directly and encourage Sound Transit to work with Metro to assure that these routes maintain stops on the campus. We share the goal of working cooperatively with each other and Sound Transit to support the operations and future development of Highline College and its students, "` minimize disruptions to property owners, businesses and residents, minimize adverse `� AT�G aesthetic, economic and environmental impacts, maximize transit oriented development in the Midway area, and provide safe vehicular and pedestrian access, utilities and aesthetic improvements along the corridor and within the station areas to support these goals. Furthermore, we recommend that the alignment be designed to minimize impacts to ■--■ KENT commercial and residential properties and maximize future development to the extent possible; the guideway alignment serve as an integrating urban design feature to the extent possible, not a structure that creates a visual or functional barrier to either Midway or to Highline College; the Kent-Des Moines Station be designed to enhance the development potential of Midway and properties fronting on Pacific Highway South �� (State Route 99); 236th Lane, both east and west of SR 99, be designed and fully Federal Way developed to serve as a gateway to both the Kent-Des Moines Station and to Highline College; primary pedestrian access from the Kent-Des Moines Station to Highline College be by an elevated pedestrian/bicycle bridge from the Station across SR 99 to the College to make access as safe and convenient as possible, and to minimize vehicular and transit traffic impacts on SR 99; and direct public transportation transit access to the College campus not be compromised. We also propose that Sound Transit, Highline College and the cities enter into a formal agreement committing to joint planning, design, construction and operations once a Preferred Alternative is identified by the Sound Transit Board to address mutual and respective goals and to ensure (a) the highest levels of urban land use and design are achieved, (b) transit oriented development is maximized, (c) impacts to existing commercial businesses and future commercial development are minimized, and (d) Highline College current operations and future development, including pedestrian, transit and vehicular access, are enhanced to the extent possible. Very truly yours, Dave Kaplan, Des Moines Mayor Mia Gregerson, SeaTac Mayor Suzette Cook, Kent Mayor Jim Ferrell, Federal Way Mayor Dana Ralph, Kent Council President Jeanne Burbidge, Federal Way Deputy Mayor Cc: Des Moines City Council Tony Piasecki, Des Moines City Manager SeaTac City Council Todd Cutts, SeaTac City Manager Kent City Council Derek Matheson, Kent Chief Administrative Officer Federal Way City Council Brian Wilson, Federal Way Chief of Staff King County Council Highline College • COUNCIL MEETING DATE: May 19,2015 ITEM#: 1 Pt CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE:Amending FWRC 13.43.020 to establish maximum allowable grass and weed height. POLICY QUESTION: Should the City amend FWRC 13.43.020 to establish maximum allowable grass and weed height on developed and undeveloped property? COMMITTEE: LUTC MEETING DATE: May 4,2015 CATEGORY: ❑ Consent Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Michael A.Morales,Director DEPT: Community Development Attachments: 1. Background Memorandum 2. Proposed ordinance with revisions Options Considered: 1. Amend FWRC 13.43.020 to establish maximum grass and weed height. 2. Take no action and provide direction to staff. MAYOR'S RECOMMENDA■11ON: Option 1 G MAYOR APPROVAL: ��S ' S y 45DIRECTOR APPROVAL: 00/0 '�/I4S- Co .ttee ouncil Initial/Date iior 2tial/Date Initial/Date CHIEF OF STAFF: ,( at,l/ ,_�._ � ov,r Committee ' Co Initial/Date Initia Date COMMITTEE RECOMMENDATION:I move to forward the proposed ordinance to First Reading�n May 19, 2015. _ va` 4AA T�VL1t-, /�� • :• ' Bob Celski, Chair Ke i0 Maloney,Mem'- , •ia Assef - wson,Member PROPOSED COUNCIL MOTION: 1ST READING OF ORDINANCE AND ADOPTION(MAY 19): "I move approval of the proposed ordinance." (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—1/2015 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM • DATE: May 4, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Michael A. Morales, Community Development Director ' SUBJECT: Ordinance establishing maximum allowable grass and weed height BACKGROUND: FWRC 13.43.020 adopted the 2012 International Property Maintenance Code("IPMC")to regulate property within the City in the interest of public health, safety, and welfare. Section 302.4 of the IPMC establishes height limits for grass and weeds on both developed and vacant land,but requires the adopting jurisdiction to fill in the blank designating the maximum allowable height: "302.4 Weeds.All premises and exterior property shall be maintained free from weeds or plant growth in excess of(jurisdiction to insert height in inches) . . . ." While previous ordinances adopting the IPMC established the maximum allowable heights,the most recent revision to the FWRC and the adopted IPMC (Ordinance 13-743)did not fill in the blank; therefore,the FWRC does not currently contain enforceable height limits on grass and weeds. This amendment to the FWRC sets the maximum height for grass and weeds at six inches for developed property and 12 inches for vacant land. As we are now entering the growing season,these standards must be established in order to enforce grass and weed height restrictions throughout the City. Due to the time sensitive nature of this amendment,the Community Development Department is addressing this issue immediately; however, CD is also reviewing the rest of the adopted IPMC regulations for other housekeeping amendments that may need to be addressed at the June LUTC meeting. cc: Project File Day File ORDINANCE NO. Way,Washington, relating to AN ORDINANCE of the City of Federal ay, gt g the regulation of property under the International Property Maintenance Code; amending Chapter 13.43 FWRC. (Amending Ordinance No. 13-743) WHEREAS,The City of Federal Way adopted the 2012 International Property Maintenance Code ("IPMC") to regulate property within the City in the interest of public health, safety, and welfare; and WHEREAS,the IPMC requires local jurisdictions to amend the IPMC by filling in blanks to set the maximum allowable heights for grass and weeds on both development and vacant properties; and WHEREAS, when the City adopted the IPMC pursuant to Ordinance 13-743, it did not amend the IPMC to include maximum allowable heights for grass and weeds on both development and vacant properties; and WHEREAS, the City Council has considered proposed changes to Title 13 FWRC and wishes to correct the oversight in Ordinance 13-743; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 13.43.030 shall be amended to read as follows: The following amendments to the IPMC adopted in FWRC 13.43.010 are hereby adopted: g P (1)IPMC 101.1, Title, is hereby amended to read as follows: These regulations shall be known as the Property Maintenance Code of City of Federal Way, hereinafter referred to as "this code." Ordinance No. 15- Page 1 of 5 Rev 1/15 (2) IPMC 102.3,Application of other codes, is hereby amended to read as follows: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Residential Code,International Fuel Gas Code,International Mechanical Code,Uniform Plumbing Code, National Electrical Code, Washington State Energy Code and the Washington State Ventilation and Indoor Air Quality Code.Nothing in this code shall be construed to cancel,modify or set aside any provision of the Federal Way Revised Code. (3) IPMC 103 is hereby deleted in its entirety. (4)IPMC 106.2,Notice of violation, is hereby amended to read as follows: The code official shall serve a notice of violation or order in accordance with Title 1 of the Federal Way Revised Code (FWRC). (5)IPMC 106.3,Prosecution of violation, is hereby deleted in its entirety. (6) IPMC 106.4, Violation penalties,is hereby deleted in its entirety. (7)IPMC 106.5,Abatement of violation, is hereby deleted in its entirety. (8) IPMC 107.1,Notice to person responsible, is hereby amended to read as follows: Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Section 1.15.040 of the FWRC. (9)IPMC 107.2,Form, is hereby deleted in its entirety. (10)IPMC 107.3, Method of service, is hereby deleted in its entirety. (11)IPMC 107.5, Penalties, is hereby deleted in its entirety. (12)IPMC 111,title, is hereby amended to read as follows: Ordinance No. 15- Page 2 of 5 Rev 1/15 HEARINGS EXAMINER. (13)IPMC 111.1, General, is hereby amended to read as follows: Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the hearings examiner pursuant to FWRC 13.05.060. (14) IPMC 111.2, Limitations on authority, is hereby amended to read as follows: An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted,the provisions of this code do not fully apply. The hearings examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearings examiner be empowered to waive any requirements of this code. (15) IPMC 112,title, is hereby amended to read as follows: ORDER TO CEASE ACTIVITY (16)IPMC 112.1, Authority, is hereby amended to read as follows: Orders to cease activity.Whenever any work is being done contrary to the provisions of this Code,or other pertinent laws or ordinances implemented through the enforcement of this Code,the building official may order the work to cease by issuance of an order to cease activity pursuant to the FWRC 1.15.030. (17) IPMC 112.2, Issuance,is hereby amended to read as follows: Occupancy violations. Whenever any building or structure or equipment therein regulated by this Code is being used contrary to the provisions of this Code,the building official may,by issuance of an order to cease activity pursuant to FWRC 1.15.030, order such use discontinued and the Ordinance No. 15- Page 3 of 5 Rev 1/15 structure, or portion thereof, vacated. (18) IPMC 112.3,Unlawful continuance, is hereby amended to read as follows: Any person who shall continue any work after having been served with an order to cease activity, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. (19)IPMC 202, Definitions, is hereby amended to read in part: CODE OFFICIAL. Shall mean the Building Official. (20)IPMC 302.4, Weeds, is hereby amended to read as follows: All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches in height on development property or 12 inches in height on vacant land. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs; however, this term shall not include cultivated flowers and gardens. 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 Ordinance No. 15- Page 4 of 5 Rev 1/15 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4.Ratification.Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 20 . CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 15- Page 5 of 5 Rev 1/15 COUNCIL MEETING DATE: AA,oktA 1/4)K. ITEM#: CI OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: AMENDING FWRC 1.15.060 APPEAL TO HEARING EXAMINER. POLICY QUESTION: Should Council update FWRC 1.15.060 to be consistent with Resolution No. 14-673? COMMITTEE: FEDRAC MEETING DATE:April 28,2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Amy.Jo Pearsall,City Attorney DEPT:Law Attachments: Proposed Ordinance Council recently passed Res. 14-673 establishing a fee schedule for services provided by the City. FWRC 1.15.060 states that a $100 fee is to be charged for an appeal of an order to cease activity or notice and order, which conflicts with the 2015 fee schedule dictating a$500 fee. The proposed ordinance resolves this conflict in favor of charging fees per the fee schedule. Options Considered: 1) Adopt Ordinance 2) Do not adopt Ordinance and provide direction to staff MAYOR'S RECOMMENDA • : Option 1 MAYOR APPROVAL: Via�IRECTOR APPROVAL: LI/i(1//c ommitt e Council /! S Initial/Date( / Initial/Date Initial/Dat CHIEF OF STAFF: Iv, Apt 0, / Comm' e Initi te Initial/Date COMMITTEE RECOMMENDATION:I move to forward the proposed ordinance to First Reading on May 5, 2015. L� %L Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (MAY 5): "I move to forward approval of the ordinance to the May 19, 2015 Council Meeting for adoption." 2ND READING OF ORDINANCE(MAY 19): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: �� APPROVED COUNCIL BILL# ❑ DENIED 1ST reading O5—D5-I ❑ 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 fee associated with appeals of an order to cease activity or a notice and order; amending FWRC 1.15.060. (Amending Ordinance No. 09- 597). WHEREAS,the City of Federal Way recently adopted in Resolution 14-673 a fee schedule establishing fees for various services provided by the City,and WHEREAS,FWRC 1.15.060,as it presently exists,conflicts with Resolution 14-673 in so far as FWRC 1.15.060 states that the City will charge an appeal fee of$100.00 for an appeal of an order to cease activity or an appeal of a notice and order; and WHEREAS,the City Council finds that it is in the public's interest to charge appeal fees to reduce the number of frivolous appeals and to help defray the cost of holding an appeal hearing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 1.15.060 is hereby amended to read as follows: 1.15.060 Appeal to hearing examiner. (1) General. A person may appeal an order to cease activity or notice and order to the hearing examiner by filing a written notice of appeal with the city clerk within 14 calendar days from the date of service of the order to cease activity or notice and order, specifying what issue is being appealed. The person appealing may appeal either the determination that a violation exists, the amount of any monetary penalty imposed, the corrective action ordered, or any combination thereof. The city may also request a hearing before the hearing examiner to assess costs, modify previous orders, or to enter other orders as needed. - - - _ _ -- • . _- _ ___ _ _ __ _ __ _ _ _ _ _ _ , - - - -- - _ - . - .• _ • - . . _ -- . An appellant shall pay an appeal fee consistent with the fee schedule maintained by the city clerk. The appeal fee may be Ordinance No. 15- Page 1 of 6 Rev 1/10 refunded to the appellant should the appellant prevail before the hearing examiner. The filing fee is waived in cases where the city requests the hearing. (2) Effect of appeal. The timely filing of an appeal in compliance with this section shall stay the requirement for action specified in the notice and order that is the subject of the appeal. The monetary penalty for a continuing violation does not continue to accrue during the pendency of the appeal; however, the hearing examiner may impose a daily monetary penalty from the date of service of the order to cease activity or notice and order if the hearing examiner finds that the appeal is frivolous or intended solely to delay compliance. An appeal does not lift or stay an order to cease activity. (3) Hearing. (a) Date of hearing. Within 10 days of the clerk's receipt of the appeal, the hearing examiner shall set a public hearing for a date within 30 days of the clerk's receipt of the appeal. (b) Notice of hearing. The notice shall contain the following: (i) The file number and a brief description of the matter being appealed. (ii) A statement of the scope of the appeal, including a summary of the errors alleged and the findings and/or legal conclusions disputed in the appeal. (iii) The date, term and place of the public hearing on the appeal. (iv) A statement of who may participate in the appeal. (v) A statement of how to participate in the appeal. (c) Distribution. The clerk shall cause a notice of the appeal hearing to be posted on the property that is the subject of the order to cease activity or notice and order, and mailed to the appellant and, in cases involving any ordinance regulating the improvement, development, modification, maintenance, or use of real property, to all property owners located within 300 feet of the property that is the subject of the violation. The notice shall be mailed and posted at least 10 calendar days before the hearing on the appeal. (d) Participation in the appeal. The city and the appellant may participate as parties in the hearing and each may call witnesses. Any person may participate in the public hearing in either or both of the following ways: (i) By submitting written comments to the hearing examiner, either by delivering these comments to the clerk prior to the hearing or by giving these directly to the hearing examiner at the hearing. Ordinance No. 15- Page 2 of 6 Rev 1/10 (ii) By appearing in person, or through a representative, at the hearing and making oral comments directly to the hearing. The hearing examiner may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (e) Conduct of hearing. The hearing examiner shall conduct the hearing on the appeal pursuant to the rules of procedure of the hearing examiner. The appellant shall have the burden of proof by a preponderance of the evidence that a violation has not occurred, that the amount of monetary penalty assessed was not in compliance with the Code, or that the corrective action ordered is unnecessary to cure the violation. The hearing examiner shall make a complete electronic sound recording of the public hearing. (f) Continuation of the hearing. The hearing examiner may continue the hearing if he or she is unable to hear all of the public comments on the matter or if the hearing examiner determines that he or she needs more information on the matter. If, during the hearing, the hearing examiner announces the time and place of the next hearing on the matter, no further notice of that hearing need be given. (4) Decision of hearing examiner. (a) Vacation. If the hearing examiner determines that the appellant has proven by a preponderance of the evidence that no violation substantially as stated in the order to cease activity or notice and order has occurred, the hearing examiner shall vacate the order to cease activity or notice and order, and order the appeal fee refunded. (b) Affirmance. If the hearing examiner determines that the appellant has not so proven by a preponderance of the evidence, the hearing examiner shall affirm the order to cease activity or notice and order. (c) Modification. If the hearing examiner determines that the corrective action ordered was unnecessary to cure the violation, the examiner may modify the corrective action required depending on the determinations of the examiner. The hearing examiner may also modify the assessment of penalties and costs if good cause is found. In so ordering, the hearing examiner shall consider the following: (i) Whether the intent of the appeal was to delay compliance; (ii) Whether the appeal was frivolous; (iii) Whether there was a written contract or agreement with another party which specified the securing by the other party of the applicable permit or approval from the city; Ordinance No. 15- Page 3 of 6 Rev 1/10 (iv) Whether the applicant exercised reasonable, timely, and good faith effort to comply with the applicable development regulations; or (v) Any other relevant factors. The monetary penalty shall not be modified without assuring the violation is corrected, unless the penalty is legally erroneous. In modifying the corrective action ordered, the hearing examiner shall require, at a minimum, any action necessary to ensure actual compliance within 14 days of the date of the examiner's decision. (5) Issuance of decision. The hearing examiner shall issue an oral decision at the time of the hearing unless good cause exists to delay the decision. The hearing examiner shall issue a written decision, including findings of fact, conclusions, and order within 14 days of the hearing. The appellant is required to comply with any decision of the hearing examiner whether oral or written upon issuance. (6) Judicial review. Judicial review of a decision by the hearing examiner relating to any ordinance regulating the improvement, development, modification, maintenance, or use of real property may be sought by any person aggrieved or adversely affected by the decision, pursuant to the provisions of the Land Use Petition Act, Chapter 36.70C RCW, if applicable, or other applicable authority, if any, if the petition or complaint seeking review is filed and served on all parties within 21 days of the date of the decision. For purposes of this section, "aggrieved or adversely affected"shall have the - T meaning set forth in RCW 36.70C.060(2). Judicial review of all other decisions may only occur subject to the procedures of Chapter 7.16 RCW. (7) Effect of decision. If judicial review is not obtained, the decision of the hearing examiner shall constitute the final decision of the city, and the failure to comply with the decision of the hearing examiner shall constitute a misdemeanor. (Ord. No. 09-597, § 10, 1-6-09; Ord. No. 07-560, § 4, 9-18-07; Ord. No. 99-342, § 3, 5- 4-99. Code 2001 § 1-19.) 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, Ordinance No. 15- Page 4 of 6 Rev 1/10 sentences, clauses,phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty(30)days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 20__ CITY OF FEDERAL WAY MAYOR,JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY,AMY JO PEARSALL Ordinance No. 15- Page 5 of 6 Rev 1/10 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 15- Page 6 of 6 Rev 1/10 COUNCIL MEETING DATE: + 2�1 ITEM#:•C Y OF FEDERAL WAY CITY COUNCIL • AGENDA BILL SUBJECT: ORDINANCE:LAKEHAVEN UTILITY DISTRICT FRANCHISE EXTENSION POLICY QUESTION: Should Council pass the proposed ordinance extending the term for the current franchise with the Lakehaven Utility District until December 31,2015 to allow for further negotiations of a new franchise agreement? COMMITTEE: FEDRAC MEETING DATE:April 28,2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Amy Jo Pearsall,Ci Attorney _ DEPT: Law Attachments:The proposed ordinance. Options Considered: 1) Pass the ordinance as drafted and extend the term of the franchise agreement until December 31,2015. .,, 2) Decline to extend the franchise term and provide guidance to staff. MAYOR'S RECOMMEND i ON: Option 1 MAYOR APPROVAL: ,� _ DIRECTOR APPROVAL: A/N) q)ail 1 Co• ittee ouncit Initial/Date Initial/Date Initial/Date CHIEF OF STAFF: v Q, . ,#W Committ Initi to Initial/Date COMMITTEE RECOMMENDATION:I move to forward the proposed ordinance to First Reading on May 5, 2015. Committee Chair Committee Member ommittee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (MAY 5): "I move to forward approval of the ordinance to the May 19, 2015 Council Meeting for enactment." 2ND READING OF ORDINANCE(MAY 19): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading 05-051 ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING LAKEHAVEN UTILITY DISTRICT, A MUNICIPAL CORPORATION, AN EXTENSION TO A NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, THROUGH THE FRANCHISE AREA FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, REPAIRING, RENEWING AND OPERATING A WATER AND SEWER SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS,Ordinance 10-654 granted Lakehaven Utility District("Franchisee")a franchise to operate a water and sewer system within the City of Federal way; and WHEREAS,the franchise will expire on May 24, 2015; and WHEREAS,Section 4 of the franchise established in Ordinance 10-654 allows the parties to extend the term of the franchise by mutual written agreement; and WHEREAS, the City and Franchisee are currently negotiating a new franchise and have agreed to extend the expiration of the current franchise until December 31,2015 in order to give the parties additional time to negotiate the new franchise; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The term of the franchise established in Ordinance 10-654,which is attached and incorporated by this reference as Exhibit A, is hereby extended until December 31, 2015. Section 2. Acceptance by Franchisee. Franchisee shall have no rights nor shall Franchisee be bound by the terms and conditions of this ordinance unless,prior to May 24,2015,Franchisee files with the City its written acceptance of the terms and conditions of this ordinance. Ordinance No. 15- Page 1 of 4 Rev 1/15 LU Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. By unanimous consent, the Council finds that this ordinance is needed for the immediate support of city government and is not subject to initiative or referendum. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2015. CITY OF FEDERAL WAY MAYOR,JIM FERRELL ATTEST: CITY CLERK,STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY,AMY JO PEARSALL Ordinance No. 15- Page 2 of 4 Rev 1/15 LU FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: • Ordinance No. 15- Page 3 of 4 Rev 1/15 LU ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above grante License and acknowledges that such rights and privileges are subject to and limited by all ofhe terms,conditions and obligations contained therein. DATED this day of ,2015. LAKEHAVEN UTILITY DISTRICT BY: TITLE: Ordinance No. 15- Page 4 of 4 Rev 1/15 LU