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Council PKT 09-15-2015 Regular AMENDED AGENDA 0 0 ppSi B(j! T(9 la 25th Amobrerotry Aik 'e) 799Q O CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall September 15, 2015 — 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS 'AGE a. Ceremonial Swearing-In of a New Police Officer 7 b. Mayoral Proclamation & Report: Mayors Day of Concern for the Hungry 8 c. Proclamation: National Recovery Month—September d. Proclamation: Constitution Week (September 14th—23rd) e. Emergency Management Update— Ray Gross, Emergency Manager f. Mayor's Emerging Issues and Report • Grand Opening of Seattle Children's Hospital Facility • FW Farmers Market Chili Cook-Off -September 26th • Neighborhood Connection Meeting—October 15th Sacajawea Middle School • Update—SeaTac Noise/Open House Meeting Scheduled for November 19th at City Hall/Council Chambers—Brian Wilson, Chief of Staff 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 may be removed by a Councilmember for separate discussion and subsequent motion. PAGE 1 0 a. Minutes: September 1, 2015 Regular and Special Meeting 18 b. King County RSO Cost Reimbursement Agreement 29 c. Agreement w/Public Health Seattle/King County to provide Distracted Driving Enforcement Funding The Council may add items and take action on items not listed on the agenda. AMENDED AGENDA PAGE 32 d. Purchase Replacement Vehicle for Special Investigation Unit using State Seizure Funds 38 e. Federal/State Transportation Demand Implementation Agreement 43 f. 2015-2017 Co mm ute Tr ip Reduction (C TR) Program Implementation Agreement with King County 49 g. Amendment to Interlocal Agreement with WSDOT for Fiber Optic Installation 68 h. 2016 Asphalt Overlay Program Preliminary Project List and Authorization to Bid 76 i. S 352nd Street Extension Project from Enchanted Parkway South to Pacific Highway South— 100% Design Status Report and Authorization to Bid 78 j. 2015 Manhole/Catch basin Rebuild Project/ Rejection of Quotes 81 k. King County Flood Control District Sub-Regional Opportunity Fund —Authorization for Submission 83 I. Ratification of Countywide Planning Policy Regarding School Siting 6. COUNCIL BUSINESS PAGE 99 a. Request Addition of a project to the SWM Capital Improvement Plan entitled: Town Square Park Stormwater Low Impact Development (LID) Outreach Project 102 b. Authorization to Accept Anonymous Donation in the amount of$10,000 to the Federal Way Historical Society in the name of Doug and Faye Clerget 103 c. Allocation of Funds for College/University Initiative Needs Assessment Study 104 d. Council Discussion on City Rebranding 105 e. Lodging Tax Advisory Committee Re-Appointments f. ADDED ITEM - Discussion/Potential Council Action to Limit the Powers of the Mayor 7. ORDINANCES PACE First Reading 106 a. Council Bill#689/Amendment to Federal Way Revised Code (FWRC) 6.35.030 Relating to Pedestrian Interference AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO INTERFERENCE WITH PEDESTRIAN AND VEHICULAR TRAFFIC;AMENDING FWRC 6.35.030(AMENDING ORDINANCE NOS. 15-784, 11-697,08-576,05-509,94-214,AND 91- 89) Second Reading 1 1, b. Council Bill#687 New Cinqular Wireless Franchise Ordinance AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON,GRANTING NEW CINGULAR WIRELESS PCS,LLC,A DELAWARE LIMITED LIABILITY COMPANY,A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY,WASHINGTON,WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF ITS WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQUIPMENT, CABLES, ACCESSORIES AND IMPROVEMENTS IN A PORTION OF THE RIGHTS-OF-WAY WITHIN AND THROUGH THE CITY OF FEDERAL WAY. The Council may add items and take action on items not listed on the agenda. AMENDED AGENDA PAGE 51 c. Council Bill#688 Pacific Highway South HOV Lanes—Phase V—Condemnation Ordinance ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON,AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR THE PURPOSE OF CONSTRUCTING RIGHT-OF-WAY IMPROVEMENTS IN THE VICINITY OF PACIFIC HIGHWAY SOUTH FROM SOUTH 340TH STREET TO SOUTH 359TH STREET, KNOWN AS PACIFIC HIGHWAY SOUTH HOV LANES PHASE V PROJECT;DECLARING THE PUBLIC USE AND NECESSITY OF SUCH PROPERTY; DIRECTING STAFF TO EXHAUST REASONABLE NEGOTIATION EFFORTS TO PURCHASE SUCH PROPERTY; AUTHORIZING THE CONDEMNATION OF THE PROPERTY; DIRECTING THE CITY ATTORNEY TO INITIATE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION IF ATTEMPTS TO PURCHASE ARE NOT SUCCESSFUL;AND DECLARING A STATEMENT OF URGENCY. 8. COUNCIL REPORTS 9. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. RQT °�t4 • $V� !yC 25th Mnlve.sary`;c F9so_�o�y°', CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall September 15, 2015 — 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE PAGE PRESENTATIONS 4 a. Ceremonial Swearing-In of a New Police Officer 5 b. Mayoral Proclamation & Report: Mayors Day of Concern for the Hungry c. Proclamation: National Recovery Month — September d. Proclamation: Constitution Week (September 14th —23rd) e. Emergency Management Update— Ray Gross, Emergency Manager f. Mayor's Emerging Issues and Report • Grand Opening of Seattle Children's Hospital Facility • FW Farmers Market Chili Cook-Off -September 26th • Neighborhood Connection Meeting —October 15th Sacajawea Middle School • Update—SeaTac Noise/Open House Meeting Scheduled for November 19th at City Hall/Council Chambers— Brian Wilson, Chief of Staff 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 may be removed by a Councilmember for separate discussion and subsequent motion. PAGE a. Minutes: September 1, 2015 Regular and Special Meeting b. King County RSO Cost Reimbursement Agreement 26 c. Agreement w/ Public Health Seattle/King County to provide Distracted Driving Enforcement Funding 29 d. Purchase Replacement Vehicle for Special Investigation Unit using State Seizure Funds The Council may add items and take action on items not listed on the agenda. • PAC 3k e. Federal/State Transportation Demand Implementation Agreement 40 f. 2015-2017 Commute Trip Reduction (CTR) Program Implementation Agreement with King County 46 g. Amendment to Interlocal Agreement with WSDOT for Fiber Optic Installation 65 h. 2016 Asphalt Overlay Program Preliminary Project List and Authorization to Bid 73 i. S 352nd Street Extension Project from Enchanted Parkway South to Pacific Highway South— 100% Design Status Report and Authorization to Bid 75 j. 2015 Manhole/Catch basin Rebuild Project/ Rejection of Quotes 78 k. King County Flood Control District Sub-Regional Opportunity Fund —Authorization for Submission 80. I. Ratification of Countywide Planning Policy Regarding School Siting 6. COUNCIL BUSINESS PAGE 96 a. Request Addition of a project to the SWM Capital Improvement Plan entitled: Town Square Park Stormwater Low Impact Development (LID) Outreach Project 99 b. Authorization to Accept Anonymous Donation in the amount of$10,000 to the Federal Way Historical Society in the name of Doug and Faye Clerget 100 c. Allocation of Funds for College/University Initiative Needs Assessment Study 101 d. Council Discussion on City Rebranding 102 e. Lodging Tax Advisory Committee Re-Appointments 7. ORDINANCES PAGE First Reading 103 a. Council Bill#689/Amendment to Federal Way Revised Code (FWRC) 6.35.030 Relating to Pedestrian Interference AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO INTERFERENCE WITH PEDESTRIAN AND VEHICULAR TRAFFIC;AMENDING FWRC 6.35.030(AMENDING ORDINANCE NOS. 15-784, 11-697,08-576,05-509,94-214,AND 91- 89) Second Reading 103 b. Council Bill #687 New Cingular Wireless Franchise Ordinance AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON,GRANTING NEW CINGULAR WIRELESS PCS, LLC,A DELAWARE LIMITED LIABILITY COMPANY,A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY,WASHINGTON,WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF ITS WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQUIPMENT, CABLES, ACCESSORIES AND IMPROVEMENTS IN A PORTION OF THE RIGHTS-OF-WAY WITHIN AND THROUGH THE CITY OF FEDERAL WAY. 148 c. Council Bill#688 Pacific Highway South HOV Lanes—Phase V—Condemnation Ordinance ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON,AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR THE PURPOSE OF CONSTRUCTING RIGHT-OF-WAY IMPROVEMENTS IN THE VICINITY OF PACIFIC HIGHWAY SOUTH FROM SOUTH 340TH STREET TO SOUTH 359TH STREET, KNOWN AS PACIFIC The Council may add items and take action on items not listed on the agenda. HIGHWAY SOUTH HOV LANES PHASE V PROJECT;DECLARING THE PUBLIC USE AND NECESSITY OF SUCH PROPERTY; DIRECTING STAFF TO EXHAUST REASONABLE NEGOTIATION EFFORTS TO PURCHASE SUCH PROPERTY; AUTHORIZING THE CONDEMNATION OF THE PROPERTY; DIRECTING THE CITY ATTORNEY TO INITIATE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION IF ATTEMPTS TO PURCHASE ARE NOT SUCCESSFUL;AND DECLARING A STATEMENT OF URGENCY. 8. COUNCIL REPORTS 9. ADJOURNMENT • The Council may add items and take action on items not listed on the agenda. PROCLAMATION "Mayor's Day of Concern for the Hungry" — September 19, 2015 WHEREAS, the City of Federal Way recognizes adequate nutrition as a basic goal for each citizen; and WHEREAS, it is our fundamental belief that no parent should have to send a child to school hungry, no baby should be without the comfort of the feedings needed for mental and physical growth, no elderly person's health should be jeopardized by lack of appropriate foods; and WHEREAS, the Multi- Service Center food bank, emergency and hot meal programs, local churches, social service agencies, and hundreds of volunteers are striving each day to stem the rising tide of hunger, but still need more help; and WHEREAS, many Federal Way residents have the ability to impact hunger in their community through donations of food; and WHEREAS, we will strive to raise awareness and encourage our citizens to donate food to the hungry as winter approaches and their resources must be stretched to cover increasing fuel, electricity and rental costs — leaving even less money for monthly food purchase; and WHEREAS, the Emergency Feeding Program of Seattle & King County coordinates an annual food drive to help support the efforts of their program and the area's food banks in fighting hunger which will be held at grocery stores throughout King County on Saturday, September 19, 2015. NOW, THEREFORE, I, the undersigned Mayor of the City of Federal Way, do hereby proclaim September 19, 2015 as "Mayor's Day of Concern for the Hungry' in the City of Federal Way, and strongly urge all citizens to join the Emergency Feeding Program and the Multi- Service Center to nourish those who are hungry. SIGNED this 15th day of September 2015. CITY OF FEDERAL WA Y MA YOR Jim Ferrell, Mayor PROCLAMATION `National Recovery Month" — September 9.015 WHEREAS, behavioral health is an essential part of health and one's overall wellness, prevention of mental and /or substance use disorders works, treatment is effective, and people recover both in our area and around the nation; and WHEREAS, preventing and overcoming mental and /or substance use disorders is essential to achieving healthy lifestyles, both physically and emotionally; and WHEREAS, we must encourage relatives and friends of people with mental and /or substance use disorders to implement preventive measures, recognize the signs of a problem, and guide those in need to appropriate treatment and recovery support services; and WHEREAS, in 2013, 2.5 million people aged 12 or older received specialty treatment for a substance use disorder and 34.6 million adults aged 18 or older received mental health services, according to the 2013 National Survey on Drug Use and Health. Given the serious nature of this public health problem, we must continue to reach the millions more who need help; and WHEREAS, to help more people achieve and sustain long -term recovery, the U.S. Department of Health and Human Services (HHS), the Substance Abuse and Mental Health Services Administration (SAMHSA), the White House Office of National Drug Control Policy (ONDCP), and the City of Federal Way invite all residents to participate in "National Recovery Month;" and NOW, THEREFORE, we, the undersigned Mayor and City Council of the City of Federal Way, do hereby proclaim September 2015 as `National Recovery Month" and call upon the people of Federal Way to observe this month with appropriate programs, activities, and ceremonies. SIGNED this 15th day of September, 2015 FEDERAL WAYMAYORAND CITY COUNCIL Jim Ferrell, Mayor Lydia Assefa- Dawson, Councilmember Susan Honda, Councilmember Martin Moore, Councilmember Jeanne Burbidge, Deputy Mayor Kelly Maloney, Councilmember Bob Celski, Councilmember Dini Duclos, Councilmember PROCLAMATION "Constitution Week" - September 17 — 23, 2015 WHEREAS, September 17, 2015 marks the two hundred and twenty- eighth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law #915 signed by President Dwight D. Eisenhower in 1956 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 171h as Constitution Day; WHEREAS, celebrations are to emphasize citizens' responsibilities for protecting and defending the Constitution as we preserve it for posterity; to inform the people that the Constitution is the basis for America's great heritage and the foundation for our way of life; and to encourage the study of historical events which led to the framing of the Constitution in September 1787. NOW, THEREFORE, we the undersigned Mayor and City Councilmembers of the City of Federal Way do hereby proclaim September 17 - 23, 2015 to be "Constitution Week" in Federal Way, ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 and reflect on our heritage of freedom. SIGNED this 15th day of September 2015 FEDERAL WAYMAYORAND CITY COUNCIL Jim Ferrell, Mayor Lydia Assefa- Dawson, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Deputy Mayor Kelly Maloney, Councilmember Bob Celski, Councilmember Martin Moore, Councilmember Dini Duclos, Councilmember COUNCIL MEETING DATE: September 15,2015 ITEM#: 5a 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 September 1,2015 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 September 1,2015 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: �l Committee Council W'I N/A N/A CHIEF OF STAFF: 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# Nli`P so,zo;4,. Federal Way °c.'. cl 25th PM Anniversary C AL ° .1„. ,47 RAFT is O,�y; A-2 CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall September 1, 2015 — 5:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Special Meeting to order at the hour of 5:34 pm. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge,Councilmember Lydia Assefa-Dawson, Councilmember Kelly Maloney, Councilmember Bob Celski,Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson City Attorney Amy Jo Pearsall, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Lora Ueland led the flag salute. Mayor Ferrell excused Councilmember Honda's absence for this evening's meeting. 3. PRESENTATION- Valley Communications Center Lora Ueland, Executive Director of Valley Communications Center thanked the Mayor and Council for the opportunity to present a brief presentation regarding Valley Corn. She reviewed its history, including:Who they are,What they do; and Where they are going. The City of Federal Way joined as an owner city in 2000 with other established cities such as Auburn, Kent, Renton and Tukwila. She noted Valley Com averages approximately 1,500 Call for Service (CFS) a day and over the last 12 year period, averaged 547,395 calls annually. Valley Corn is dedicated to providing consolidated emergency communications for the protection of the lives and property of the citizens we serve. She reported on the New Generation 911 (NG911) which will include texting, video and picture capabilities;technology advancement; monitoring and responding to changing needs of the agencies they serve and overall population growth in the area. Councilmembers thanked Ms. Ueland for her presentation and for her staff who do an outstanding job for the city and the residents. 4. PRESENTATION- SCORE Financial Update Finance Director Ade Ariwoola gave a brief report on the SCORE Jail Facility. He noted SCORE was established in 2009 with a 30 year bond of$86 million. Federal Way's current balance on our portion (18% share) is$14.47 million (as of the end of 2014). He further presented information regarding the Federal Way City Council Special Minutes Page 1 of 2 September 1, 2015 2015 budgeted service charges and debt services. He made comparisons between costs associated with King County and Pierce County facilities. Factors affecting jail costs include operation costs (labor and building maintenance); efficiency and average daily population(ADP). He also charted the ADP including Federal Way,Auburn, Renton, Federal Way,Tukwila, Burien, SeaTac and Des Moines for the month of July over a three year span. Mr.Ariwoola noted a multi-departmental team has been put together to discuss and monitor ongoing costs and ADP. Councilmembers thanked Mr.Ariwoola for the presentation and asked clarifying questions regarding costs; our 18% share of the facility; and if staff has researched options other cities are taking to manage ADP. 5. CITIZEN COMMENT No citizen comment was given. 6. EXECUTIVE SESSION At 6:14pm Mayor Ferrell announced the Council will be recessing into Executive Session for the purpose of discussing the following two items. • Property Acquisition Pursuant to RCW 42.30.110(1)(b) • Sale or Lease of Property Pursuant to RCW 42.30.110(1)(c) 7. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 6:41 pm. Attest: Stephanie D. Courtney, CMC City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 September 1, 2015 0 vQass c• 2591"'" ht4p7 y 'tea-2° CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall September 1, 2015 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Regular Meeting to order at the hour of 7:04 pm. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge,Councilmember Lydia Assefa-Dawson, Councilmember Kelly Maloney, Councilmember Bob Celski,Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall, and City Clerk Stephanie Courtney. Mayor Ferrell excused Councilmember Honda's absence. 2. PLEDGE OF ALLEGIANCE Boy Scout Troop#330 presented the colors and led the flag salute. The Mayor took a few moments to reflect on the recent tragedies including the loss of three lives in the Washington State Fires; recent death of former Councilmember and Deputy Mayor Phil Watkins, and the sudden and tragic accident that took a young life during the recent wind storm. He asked for a moment of silence to remember those who are gone and their families dealing with the struggle of loss. 3. PRESENTATIONS a. Proclamation: Soroptimist Club of Federal Way—40th Anniversary Councilmember Maloney read and presented the Proclamation to the Soroptimist Club of Federal Way in honor of their outstanding work and dedication to the community in the last 40 years.A very large group of members were on hand to accept the Proclamation and thank the Mayor and Council. b. Mayoral Proclamation Presentation -Women's Equality Day—August 26th Mayor Ferrell read and presented the Women's Equality Day Proclamation to Deanna Dawson, Executive Director of Sound Cities Association. Ms. Dawson thanked Mayor Ferrell and the Council for this important recognition of women's equality. Federal Way City Council Regular Minutes Page 1 of 5 September 1, 2015 c. Mayor's Emerging Issues and Report • Local Aid/Red Cross Donations for Washington Wildfires The Mayor highlighted information for those in attendance and at home, regarding the local aid locations and avenues of where to make donations to the Red Cross for the ongoing fires in Eastern Washington. • Back to School Safety Plan — Police Chief Andy Hwang Police Chief Andy Hwang reported the first day of school in the Federal Way School District is tomorrow, September 2"d. There will be high visibility of officers and school resource officers in addition to school zone photo enforcement becoming active at four separate locations. Helpful reminders about safety have been put out on social media and in the local newspaper for information. He spoke to the dangers of distracted driving; please remember to drive safe and for pedestrians pay attention to your surroundings. • State Audit Report— Exit Conference Update—Ade Ariwoola Finance Director Ade Ariwoola gave a brief PowerPoint presentation on the recent Audit, completed by the Washington State Auditor's Office. The Auditor/s noted the city operations complied with applicable requirements and provided adequate safeguarding of public resources. The City also complied with state laws and regulations and its own policies and procedures in the areas which were examined. The following areas were audited: Cash Receipting; Safeguarding of small and attractive assets such as computers; open public meetings; financial conditions; court financial operations; payment/expenditures; Police/Sheriff/Jail financial operations and custody of evidence. • Sea-Tac Airport/FAA— Noise Concerns— Brian Wilson Chief of Staff Brian Wilson reported on complaints the Mayor's Office has received regarding SeaTac Noise from the airport. Over the last 5 months the city has received increased feedback from citizens and in response, Mayor Ferrell has directed staff to reach out to SeaTac Airport Officials. He further reported on a meeting held on July 8th where changes in increased noise on take-off and landings and change in flight patterns and elevations have raised concerns for Federal Way residents. A public meeting will be scheduled in the near future for residents to voice concerns directly to the airport and FAA representatives. Mayor Ferrell and Councilmembers stated this is a quality of life issue, and fully support an Open House for residents to voice their concerns. They also asked staff to look into best practices across the country and what other communities are doing in these regards. • Code Compliance—Commercial Property Update Community Development Director Michael Morales reported on the recent activity by a property owner to clean up their commercial property where the former Wilson Trophy was located. This property was damaged by a fire from illegal activity earlier this year by a separate tenant. He was pleased to report as of today, clean up on this dangerous building has begun. 4. CITIZEN COMMENT Michael Kun, he spoke regarding SeaTac Airport Noise and noted the middle runway is under Federal Way City Council Regular Minutes Page 2 of 5 September 1, 2015 9 ' construction and he feels there will be more takeoffs as Delta Airlines will be adding more flights per day to compete with Alaska Airlines. He referenced a letter he received from airport officials. Norma Blachard, spoke regarding term limits. She would like to see term limits discussed. Betty Taylor, spoke to promote a pancake breakfast fundraiser for City Vision.The breakfast is being held on October 3rd, 2015 at Federal Way Applebee's. Britt Ohliq, spoke regarding SeaTac Airport noise.As a Browns Point resident in NE Tacoma she has tracked changes over the last year. She encourages the cities to hold the airport and FAA accountable; as their changes affect property values and quality of life. 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: August 11, 2015 Regular and Special Meetings b. Monthly Financial Report—July 2015 c. Vouchers—July 2015 d. 2014 Consolidated Annual Performance and Evaluation Report DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF CONSENT ITEMS A-D AS PRESENTED; COUNCILMEMBER MOORE SECOND. The motion passed unanimously 6-0 as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda excused 6. COUNCIL BUSINESS a. Purchase of Larson-Justice Property Public Works Director Marwan gave a brief background and presentation on this item. He also referenced an additional map attachment with the staff memo. He noted the purpose of conservation property acquisition and restoration is to protect and provide opportunities to restore waterway systems in a comprehensive and integrated manner to improve the livability of Federal Way, support recovery of the Puget Sound and provide our citizens with environmental education and stewardship opportunities that strengthen ties to our City and Region. DEPUTY MAYOR BURBIDGE MOVED TO AUTHORIZE THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS TO PURCHASE THE LARSON-JUSTICE PROPERTY,CONSISTING OF A SINGLE TWO ACRE PARCEL, IN THE AMOUNT OF $80,000 PLUS CLOSING COSTS; SECOND BY COUNCILMEMBER CELSKI. The motion passed unanimously 6-0 as follows: Deputy Mayor Burbidge yes Councilmember Celski yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda excused Federal Way City Council Regular Minutes Page 3 of 5 September 1, 2015 } 7. ORDINANCES First Reading a. Council Bill#687 New Cingular Wireless Franchise Ordinance AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON,GRANTING NEW CINGULAR WIRELESS PCS,LLC,A DELAWARE LIMITED LIABILITY COMPANY,A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY,WASHINGTON,WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF ITS WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQUIPMENT, CABLES, ACCESSORIES AND IMPROVEMENTS IN A PORTION OF THE RIGHTS-OF-WAY WITHIN AND THROUGH THE CITY OF FEDERAL WAY. Street Systems Manager John Mulkey presented a brief presentation on this Ordinance. He noted New Cingular Wireless PCS, LLC has requested a franchise from the City of Federal Way in order to place wireless transmitting facilities and related appurtenances in the City owned or controlled rights- of-way. COUNCILMEMBER DUCLOS MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE SEPTEMBER 15TH COUNCIL MEETING FOR ENACTMENT; COUNCILMEMBER CELSKI SECOND. The motion passed unanimously 6-0 as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda excused b. Council Bill #688 Pacific Highway S HOV Lanes Phase V Project— Condemnation Ordinance ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON,AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR THE PURPOSE OF CONSTRUCTING RIGHT-OF-WAY IMPROVEMENTS IN THE VICINITY OF PACIFIC HIGHWAY SOUTH FROM SOUTH 340TH STREET TO SOUTH 359TH STREET, KNOWN AS PACIFIC HIGHWAY SOUTH HOV LANES PHASE V PROJECT;DECLARING THE PUBLIC USE AND NECESSITY OF SUCH PROPERTY; DIRECTING STAFF TO EXHAUST REASONABLE NEGOTIATION EFFORTS TO PURCHASE SUCH PROPERTY; AUTHORIZING THE CONDEMNATION OF THE PROPERTY; DIRECTING THE CITY ATTORNEY TO INITIATE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION IF ATTEMPTS TO PURCHASE ARE NOT SUCCESSFUL;AND DECLARING A STATEMENT OF URGENCY. Street Systems Manager John Mulkey presented a brief presentation on this Ordinance. He noted this is the second condemnation Ordinance which incorporates properties the city was hopeful to be resolved and were not previously included in Ordinance#15-799.This ordinance expands the number of properties in which negotiations have not been completed successfully to include all remaining properties that have not signed or previously been submitted for condemnation proceedings. COUNCILMEMBER CELSKI MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE SEPTEMBER 15TH COUNCIL MEETING FOR ENACTMENT; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously 6-0 as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda excused Federal Way City Council Regular Minutes Page 4 of 5 September 1, 2015 8. COUNCIL REPORTS Councilmembers Duclos, Maloney, and Assefa-Dawson did not give reports. Councilmember Moore extended his condolences on the loss of Phil Watkins whom he met while working in the Legislature; and on the tragic loss of the young girl during the wind storm. He thanked the Mayor and Public Works Director for the work and clean up done after the recent storm throughout the city; and recognized the Boy Scout Troop in the audience. Councilmember Celski reported the next meeting of the Land Use Transportation Committee will be Tuesday, September 8th at 5:30 pm in the Patrick Maher Room. Deputy Mayor Burbidge reported the next meeting of the Lodging Tax Advisory Committee will be September 9th at 8 am. She reported on her attendance at various regional meetings and highlighted upcoming events in the arts at the Knutzen Family Theatre. 9. EXECUTIVE SESSION 10. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 8:36 pm. 9 9 9 � Y adjourned 9 9 p Attest: Stephanie D. Courtney, CMC City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 5 of 5 September 1, 2015 COUNCIL MEETING DATE: September 15,2015 ITEM#: 5b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: KC RSO COST REIMBURSEMENT AGREEMENT POLICY QUESTION: Should the City Of Federal Way/Federal Way Police Department accept the Registered Sex Offender (RSO) Overtime Cost Reimbursement Agreement from the King County Sheriff's Office? COMMITTEE: Parks,Recreation,Human Services and Public Safety MEETING DATE: Sept.8,2015 Council Committee-(PRHS&PSC) CATEGORY: • Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Lynette Allen, Executive Assistant DEPT: Police Attachments: 1. PRHS&PS Staff Memo Options Considered: 1. Accept the KC RSO Cost Reimbursement Grant 2. Reject the KC RSO Cost Reimbursement Grant ...................... MAYOR'S RECOMMENDATION: 1 MAYOR APPROVAL: ,d c.,/�, /�..J ! 1 In ' "DIRECTOR APPROVAL: .4421-Z+1 n Gt Committee Council nitial j CHIEF OF STAFF: g 4/ski V /✓*mittee Council COMMITTEE RECOMMENDATION: "I move to forward the RSO Overtime Cost Reimbursement Agreement between the Federal Way Police Department and the King County Sheriff's Office to the September 15, 2015 Council agenda for approval." 401 Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the RSO Overtime Cost Reimbursement Agreement between the Federal Way Police Department and the King County Sheriff's Office and authorize the Chief of Police to sign such Agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 8, 2015 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: KC RSO Grant Funding The Federal Way Police Department(FWPD) is seeking grant funding from the King County Sheriff's Department in support of the Federal Way Police Department's Registered Sex Offender and Kidnapping Offender Address and Residency Verification Program. The grant is for reimbursement of overtime expenses incurred while verifying current addresses and residencies of sex and kidnapping offenders, up to a maximum amount of$37,554.65. FWPD will be partnering with King County Government in implementing multiple program elements to ensure that sex offenders are in compliance under the guidelines of current laws. A strong enforcement effort to apprehend and prosecute offenders will help improve the quality of life for our citizens. We have been participating in the King County RSO Grant Funding since at least 2009. 1 Cost Reimbursement Agreement Executed By King County Sheriff's Office, a department of King County, hereinafter referred to as "KCSO," Department Authorized Representative: John Urquhart, Sheriff King County Sheriff's Office W-150 King County Courthouse 516 Third Avenue Seattle, WA 98104 and Federal Way Police Department, a police department in King County, hereinafter referred to as ""Contractor," Department Authorized Representative: Andy Hwang, Chief of Police 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 WHEREAS, KCSO and Contractor have mutually agreed to work together for the purpose of verifying the address and residency of registered sex and kidnapping offenders; and WHEREAS,the goal of registered sex and kidnapping offender address and residency verification is to improve public safety by establishing a greater presence and emphasis by Contractor in King County neighborhoods; and WHEREAS, as part of this coordinated effort, Contractor will increase immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction, and WHEREAS, KCSO is the recipient of a Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program grant through the Washington Association of Sheriffs and Police Chiefs for this purpose, and WHEREAS, KCSO will oversee efforts undertaken by program participants in King County; NOW THEREFORE,the parties hereto agree as follows: Cost Reimbursement Agreement KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program funding to reimburse for expenditures associated with the Contractor for the verification of registered sex and kidnapping offender address and residency as set forth below. This Interagency Agreement contains eight(8)Articles: ARTICLE I. TERM OF AGREEMENT The term of this Cost Reimbursement Agreement shall commence on July 1, 2015 and shall end on June 30, 2016 unless terminated earlier pursuant to the provisions hereof. ARTICLE II. DESCRIPTION OF SERVICES This agreement is for the purpose of reimbursing the Contractor for participation in the Registered Sex and Kidnapping Offender Address and Residency Verification Program. The program's purpose is to verify the address and residency of all registered sex and kidnapping offenders under RCW 9A.44.130. The requirement of this program is for face-to-face verification of a registered sex and kidnapping offender's address at the place of residency. In the case of • level I offenders, once every twelve months. • of level II offenders, once every six months. • of level III offenders, once every three months. For the purposes of this program unclassified offenders and kidnapping offenders shall be considered at risk level I, unless in the opinion of the local jurisdiction a higher classification is in the interest of public safety. ARTICLE III. REPORTING Two reports are required in order to receive reimbursement for grant-related expenditures. Both forms are included as exhibits to this agreement. "Appendix A" is the Offender Watch generated"Advanced Verification Request Report"that the sex or kidnapping offender completes and signs during a face-to-face contact. "Appendix B" is an"Officer Contact Worksheet" completed in full by an officer/detective during each verification contact. Both exhibits representing each contact are due quarterly and must be complete and received before reimbursement can be made following the quarter reported. Original signed report forms are to be submitted by the 5th of the month following the end of the quarter. The first report is due October 5, 2015. Page 2 of 5 August 18,2015 Cost Reimbursement Agreement Quarterly progress reports shall be delivered to: Attn: Tina Keller, Project Manager King County Sheriff's Office 500 Fourth Avenue, Suite 200 M/S ADM-SO-0200 Seattle, WA 98104 Phone: 206-263-2122 Email: tina.keller @kingcounty.gov ARTICLE IV. REIMBURSEMENT Requests for reimbursement will be made on a monthly basis and shall be forwarded to KCSO by the 10th of the month following the billing period. Overtime reimbursements for personnel assigned to the Registered Sex and Kidnapping Offender Address and Residency Verification Program will be calculated at the usual rate for which the individual's time would be compensated in the absence of this agreement. Each request for reimbursement will include the name, rank, overtime compensation rate, number of reimbursable hours claimed and the dates of those hours for each officer for whom reimbursement is sought. Each reimbursement request must be accompanied by a certification signed by an appropriate supervisor of the department that the request has been personally reviewed,that the information described in the request is accurate, and the personnel for whom reimbursement is claimed were working on an overtime basis for the Registered Sex and Kidnapping Offender Address and Residency Verification Program. Overtime and all other expenditures under this Agreement are restricted to the following criteria: 1. For the purpose of verifying the address and residency of registered sex and kidnapping offenders; and 2. For the goal of improving public safety by establishing a greater presence and emphasis in King County neighborhoods; and 3. For increasing immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction Any non-overtime related expenditures must be pre-approved by KCSO. Your request for pre-approval must include: 1) The item you would like to purchase, 2) The purpose of the item, 3) The cost of the item you would like to purchase. You may send this request for pre-approval in email format. Requests for reimbursement Page 3 of 5 August 18,2015 Cost Reimbursement Agreement from KCSO for the above non-overtime expenditures must be accompanied by a spreadsheet detailing the expenditures as well as a vendor's invoice and a packing slip. The packing slip must be signed by an authorized representative of the Contractor. All costs must be included in the request for reimbursement and be within the overall contract amount. Over expenditures for any reason, including additional cost of sales tax, shipping, or installation, will be the responsibility of the Contractor. Requests for reimbursement must be sent to: Attn: Tina Keller, Project Manager King County Sheriff's Office 500 Fourth Avenue, Suite 200 M/S ADM-SO-0200 Seattle, WA 98104 Phone: 206-263-2122 Email: tina.keller @kingcounty.gov The maximum amount to be paid under this cost reimbursement agreement shall not exceed Thirty-Seven Thousand Five Hundred Fifty-Four Dollars and Sixty Five Cents ($37,554.65). Expenditures exceeding the maximum amount shall be the responsibility of Contractor. All requests for reimbursement must be received by KCSO by July 31, 2016 to be payable. ARTICLE V. WITNESS STATEMENTS "Appendix C" is a"Sex/Kidnapping Offender Address and Residency Verification Program Witness Statement Form." This form is to be completed by any witnesses encountered during a contact when the offender is suspected of not living at the registered address and there is a resulting felony"Failure to Register as a Sex Offender" case to be referred/filed with the KCPAO. Unless, due to extenuating circumstances the witness is incapable of writing out their own statement, the contacting officer/detective will have the witness write and sign the statement in their own handwriting to contain, verbatim, the information on the witness form. ARTICLE VI. FILING NON-DISCOVERABLE FACE SHEET "Exhibit D" is the "Filing Non-Discoverable Face Sheet." This form shall be attached to each"Felony Failure to Register as a Sex Offender" case that is referred to the King County Prosecuting Attorney's Office. ARTICLE VII. SUPPLEMENTING,NOT SUPPLANTING Funds may not be used to supplant(replace) existing local, state, or Bureau of Indian Affairs funds that would be spent for identical purposes in the absence of the grant. Page 4 of 5 August 18,2015 Cost Reimbursement Agreement Overtime - To meet this grant condition, you must ensure that: • Overtime exceeds expenditures that the grantee is obligated or funded to pay in the current budget. Funds currently allocated to pay for overtime may not be reallocated to other purposes or reimbursed upon the award of a grant. • Additionally, by the conditions of this grant, you are required to track all overtime funded through the grant ARTICLE VII. AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. IN WITNESS WHEREOF,the parties have executed this Agreement by having their representatives affix their signatures below. Federal Way Police Department KING COUNTY SHERIFF'S OFFICE Andy Hwang, Chief of Police John Urquhart, Sheriff Date Date Page 5 of 5 August 18,2015 APNA Page: 1 Verification Request Agency: King County WA Sheriffs Office Administrator. King County Sheriffs Office RSCPhone: (206)263-2120 Date: 6/15/2015 Offender Information Offender Photo Name TEST,TEST TEST Registration# 2236249 POB SSN DOB 01/01/1999 Age 16 Alt Reg# Sex Orient Dry.Lic!State PHOTO NOT AVAILABLE Race Nat. No Selection FBI Height Hair State ID Weight Eyes Last Verified: Risk Type Date Comm. Active Officer Alert - Employment/School Name Address Supervisor Phone Residence (Bold-Primary Home Address)'' .''�a Street Alias "._. .` - Phone (Bold-Primary Contact Numbers), =,. Scars/Tattoos Number Type .; ekciIption Location Type Description Vehicle Make Model Color;`''::"'Year License State VIN Comments Offense :`'' Date RS Code/Description Convicted Released Case# Crime Details I do hereby attest,under penalties of perjury,that any and all information contained here is current and accurate on this day of 20 . Offender Signature: Officer Signature: Date: . Produced by OffsnderWatch-WAY watchsystems.00m oo o H y y 4 HHH � a O t1 O O v ,,� t7v� ty Cr m d H d b M � � M ter• ii CII 7:1 tZ cl, 0 E mi ci) ril : • d .. zo ty z 4 tri tri�iwN � O y •• II II II II l J n z too Z > 2 n r r r r . 1_4 ccO t) o 0 n ° d 0 g z n ,_, e) m c„ 0 0 0 n -3 011 , x 40 b. ❑ ❑ o d z z C' y ti til II a I 0 e) 0=1 n t7 dyd � ° ydCA nyZ d � z O Q y � y � y 4y^ c a z z r� .. rit m .. r r� CsliH d H n y O non ) r -3 til )73 td O .d tv y ril >.. F, rj. 4 - . .. i-i ,=, m i. z ,. a r • °N CA n z o 0 o b ''" z z x z z 0 z n c � r r Y ',-,3 nJ H H y M M1 g a 0 • APPENDIX C Date Agency/Officer Incident number Witness Statement—Failure to Register Suspect's Name: Suspect's Last Registered Address: Witness' Name: Witness's Home Address: Witness' Home Phone Number Cell: Other: How do they know the suspect(please be as detailed as possible)? *If suspect rented an apartment or a room from the witness,please have them provide a copy of any documentations to this effect and any documentations the suspect moved out. Did the witness ever see the suspect at his/her last registered address? How often would they see him/her there? When did the witness start seeing him/her there? When did they stop? Why did the suspect stop staying at the address? Did the suspect keep any personal belongings there? In general,when is the last time they saw the suspect? Do they know where the suspect moved to or their current whereabouts? Can they provide the names and contact information of any other witnesses who would have seen the suspect staying at his/her last registered address? Is the witness willing to assist in prosecution? Under penalty of perjury of the laws of the State of Washington,I certify that the foregoing is true and correct. Witness' Signature date EXHIBIT D WASPC GRANT FILING NON-DISCOVERABLE TO: KCPAO—Special Assault Unit—Seattle DATE: FROM: INCIDENT#: AGENCY: SUSPECT#1: DOB: RACE: SEX: M ❑ F❑ HGT: WGT: SUSP#1 ADDRESS: CHARGE: Failure to Register as a Sex Offender DATE OF CRIME: VICTIM#1: State of Washington DOB: VICTIM#2: DOB: INTERVIEWED BY: NO ONE DPA NAME: TYPE OF CASE: FTR-Failure To Register OTHER TYPE: THIS CASE IS BEING REFERRED FOR THE FOLLOWING REASONS ❑ FILING OF CHARGES: -Comments: ❑ DECLINE: -Comments: WASPC STATISTICAL REPORTING TO KCSO Case Referral Received by KCPAO on this date: Case filed by KCPAO: YES ❑ NO ❑ Cause Number Assigned: If no, please indicate why: Other Explanation: COUNCIL MEETING DATE: September 15,2015 ITEM#: 5C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AGREEMENT WITH PUBLIC HEALTH SEATTLE/KING COUNTY TO PROVIDE DISTRACTED DRIVING ENFORCEMENT FUNDING. POLICY QUESTION: Should the City of Federal Way accept$4,000 for the Distracted Driving Enforcement Campaign from September 13,2015—September 26,2015. COMMITTEE:PARKS,RECREATION,HUMAN SERVICES&PUBLIC MEETING DATE: 9/8/2015 SAFETY COUNCIL COMMITTEE(PRHS&PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:LIEUTENANT KURT SCHWAN DEPT: Police ... ... .... ......... .. .. ......... .. .. .. .. .............................................................................................................................................................................. Attachments: 1. PRHS &PS Memo 2. Public Health Agreement for Distracted Driving Campaign Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATION: 1 MAYOR APPROVAL: I-14,h ' y' J Z1 /41 " '° CTOR APPROVAL: C 2f .44 A mitt:mi Cou/if Initial J CHIEF OF STAFF: 4 A, 00U ou Xi� r :minittee nce COMMITTEE RECOMMENDATION: "I move to forward the Public Health Agreeme for Distracted Driving Enforcement to the Septe er 15, 2015 City Coun it Consent Agenda. " - jjeLe._42__ OfPiv • Committee Chair Committee Member Committee Mem.er PROPOSED COUNCIL MOTION: "I move approval of the Public Health Agreement for Distracted Driving Enforcement and authorize Chief Andy Hwang to sign the Agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 8, 2015 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Agreement with Public Health Seattle/King County for Distracted Driving Campaign The Washington Traffic Safety Commission(WTSC) and the City of Federal Way have an g Y � ) existing partnership, focused on Impaired Driving, Seat Belts and Distracted Driving overtime funding. WTSC funding has allowed Federal Way Police to strengthen this enforcement through overtime funded patrols. Public Health Seattle/King County is a WTSC partner and a member of the King County Target Zero Team, of which FWPD is also a partner. The Emergency Medical Services Division of Public Health has secured $4,000 to assist with the scheduled King County Distracted Driving Campaign using bicycle officers to assist with enforcement efforts and has selected FWPD to be the recipient of those funds. The FWPD will use $2,000 from the Nick and Derek DUI and Distracted Driving Program for this campaign as well. We have signed the Public Health Agreement due to time constraints, which is for$4,000 for Distracted Driving Enforcement to be conducted from September 13, 2015 through September 26, 2015. 1 Emergency Medical Services Division Public Health L41 401 Fifth Avenue,Suite 1200 Seattle,WA 98104-1818 Seattle & King County 206-296-4693 Fax 206-296-4866 TTY Relay: 711 www.kingcounty.gov/health Agreement in Accordance to Contract Purchase Agreement Federal Way Police Department (FWPD) and Emergency Medical Services Division Public Health—Seattle/King County September 2015 Distracted Driving Campaign Background: From 2009 to 2012, distracted driver-involved crashes accounted for 20 percent of all traffic deaths and of serious traffic injuries in King County according to data from the Washington Traffic Safety Commission. Distraction can include eating, reading, or adjusting music while driving but researchers are finding the dangers related to cell phone distraction are most alarming. Project Goal: 180 contacts for a variety of distracted driving behaviors that could cause collisions. Tactics: Enforce the current Washington State distracted and aggressive driving laws through a distracted driving campaign along S. 320th Street from 1-5 to 11th Place South and along Pacific highway S. from 312th to South 336. FWPD will provide one to two police officers on bicycles per shift along with one to two motorcycle officers along the targeted area. This campaign will coincide with the King County designated county-wide distracted driving campaign from Sept 13 to Sept 26, 2015 Federal Way Police Department Deliverables: From the FWPD Nick and Derek fund -$2000 will be dedicated to this distracted driving campaign by utilizing motorcycle officers to provide additional support. The Nick and Derek fund was developed by the Federal Way Police Department in partnership with families of two Federal Way teens who lost their lives to a drunk driver. To support this service as provided by the FWPD, Emergency Medical Services Division of Public Health Seattle/King County will reimburse the city for overtime costs up to $4,000 in exchange for the data collected as outlined in this agreement. The funding will be used to provide dedicated patrols in the aforementioned affected areas during the specified dates. As a result of this distracted driving campaign, FWPD shall report to Emergency Medical Services Division of Public Health Seattle/King County the following information: • The quantity and types of infractions,citations, warnings, stops,etc. during FWPD's emphasis patrols from during the agreed upon dates. The parties signing below warrant that they have read and understand this Agreement and have the authority to enter into this Agreement. This Agreement covers the period from Sept 1, 2015,to Oct 15, 2015. 4-, 7 /9.4-- Andy J. Hwang Jim Fogarty Chief of Police Emergency Medical Services Division Federal Way Police Department Public Health—Seattle and King County Date: /22//5-- Date: COUNCIL MEETING DATE: September 15,2015 ITEM#: 5d ........................................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PURCHASE REPLACEMENT VEHICLE FOR SPECIAL INVESTIGATION UNIT USING STATE SEIZURE FUNDS POLICY QUESTION: Should the City of Federal Way purchase a replacement vehicle for undercover/covert functions in SIU? Current vehicle(2001)is beyond its usefulness. COMMITTEE:PARKS,RECREATION,HUMAN SERVICES&PUBLIC MEETING DATE: 9/8/2015 SAFETY COUNCIL COMMITTEE(PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:DEPUTY CHIEF STEVE NEAL DEPT: Police Attachments: 1. PRHS &PS Memo 2. Three bids for purchase vehicles. Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATION: 1 MAYOR APPROVAL: J3.1.1Ah fa„,t t , // ,G, i 1„ 1ECTOR APPROVAL: 144'0""7 / J'4,; �.iW '7 i 1 Initial CHIEF OF STAFF: J. /� M r 4. com c COMMITTEE RECOMMENDATION: "I move to forward the Replacement Vehicle Req est to the September 15, 2015 City Council Consent Agenda." l l IP Committee Chair Committee Member Committee Mem•er PROPOSED COUNCIL MOTION: "I move approval of the Replacement Vehicle Request and authorize Chief Andy Hwang to make the 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: September 8, 2015 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Purchase replacement vehicle for SIU utilizing State seizure funds. The Police Department currently maintains a fleet of nine(9)vehicles assigned to and managed by our Special Investigations Unit (SIU). These vehicles are separate from the fleet and periodically need to be rotated for various reasons. There is a current need to replace the 2001 Windstar Van which is used as an undercover platform for surveillance and other covert functions. The maintenance costs for this fourteen(14)year old vehicle have become burdensome and do not make financial sense to continue. Historically,we have appropriately purchased these vehicles using seizure monies which can only be distributed on the approval of the Chief of Police. We currently have approximately forty-three thousand ($43K) in the State #24 Seizure Account that can be utilized for this purchase. Because this vehicle purchase if above the amount of twenty thousand dollars we have received three bids for an adequate vehicle that will meet the needs of the unit. The lowest bid came from Larson Dodge for $23,031.00 total out the door cost. We also received bids from Washington State Enterprise Services, which is the State bid, for$25,753.31 and Tacoma Dodge for $24,936.41. 1 WINDOW STICKER p p p 4�, 2015 MODEL YEAR GRAND CARAVAN SE PRICE INFORMATION PRICE INFORMATION (contd.) MANUFACTURER'S SUGGESTED RETAIL PRICE OF THIS MODEL INCLUDING DEALER PREPARATION OPTIONAL EQUIPMENT Customer Preferred Package 29E $2,450 Base Price:$21,795 2nd/3rd-Row Stow'n Go®w/3rd-Row Tailgate Seats DODGE GRAND CARAVAN SE 2nd-Row Buckets with Fold-in-Floor Seats Exterior Color:Billet Silver Metallic Clear Coat Exterior 3-Zone Manual Temperature Control Paint Front and Rear Air Conditioning with Interior Color:Black/Light Graystone Interior Colors Heater Interior:Cloth Low-Back Bucket Seats Sunscreen Glass Engine:3.6-Liter V6 24-Valve VVT Engine Floor Console with Cup Holder Transmission:6-Speed Automatic 62TE Transmission Body-Color Door Handles STANDARD EQUIPMENT(UNLESS REPLACED BY Body-Color Body Side Molding Body-Color Sill Applique OPTIONAL EQUIPMENT) Easy Clean Floor Mats FUNCTIONAL/SAFETY FEATURES 6 Speakers Advanced Multistage Front Airbags Uconnect®Hands-Free Group $690 Supplemental Side-Curtain Airbags in All Rows Leather-Wrapped Steering Wheel Supplemental Front Seat-Mounted Side Airbags Leather-Wrapped Shift Knob Driver Inflatable Knee-Bolster Airbag Bluetooth®Streaming Audio LATCH Ready Child Seat Anchor System Uconnect®Voice Command with Daytime Running Lamps Bluetooth® Anti-Lock 4-Wheel Heavy Duty Disc Brakes Auto-Dimming Rearview Mirror w/ Electronic Stability Control Microphone Tire Pressure Monitoring Sensor Remote USB Port Speed Control SiriusXM Satellite Radio w/1-Yr Radio Keyless Entry with Immobilizer Subscription Sliding Door Alert Warning For More Information,Call 888-539-7474 Power Door Locks Flex Fuel Vehicle 20-Gallon Fuel Tank DESTINATION CHARGE$995 Fuel Optimizer Calibration Trailer Sway Damping I TOTAL PRICE:* I $7„5;93 1 Tire Inflator Kit(No Compact Spare) i INTERIOR FEATURES '03\,Ue) 2nd-Row Bench w/3rd Row 60/40 Stow'n Go®Bench Front Driver and Passenger Air Conditioning No Rear Wheel eel Mounted or Heater •`\ Steering Wheel Mounted Audio Controls 1 Tilt/Telescope Steering Column Radio 130 AM/FM/CD/MP3 4 Speakers 12-Volt DC Front and Rear Power Outlets 12-Volt Auxiliary Power Outlet Power Windows with Driver's One-Touch-Down Feature Dual Glove Boxes Overhead Console Lower Instrument Panel Storage Bin Rearview Day/Night Mirror A-Pillar Passenger Assist Handle 2nd-Row Overhead Interior Assist Handles 2nd-Row B-Pillar Assist Handles Headlamps with Turn-Off Time Delay Driver-Side Sun Visor with Mirror Rear Dome Lamp Front Courtesy/Map Lamps Rear Grocery Bag Hooks EXTERIOR FEATURES 17-Inch x 6.5-Inch Steel Wheels 225/65R17 BSW Touring Tires Power Heated Exterior Mirrors with Manual Fold-Away Tinted Glass Windows Black Door Handles Black Sill Applique Assembly Point/Port of Entry:WINDSOR,ONTARIO,CANADA VIN:2C4RDGBG6FR725633 L4-VON:4485 This window sticker may or may not match the actual window 'STATE AND/OR LOCAL TAXES,IF ANY,LICENSE AND TITLE sticker on the vehicle itself.We reserve the right to make FEES AND DEALER SUPPLIED AND INSTALLED OPTIONS AND changes without notice and are not responsible for typographical ACCESSORIES ARE NOT INCLUDED IN THIS PRICE.DISCOUNT, IF ANY,IS BASED ON THE PRICE OF OPTIONS IF PURCHASED errors.Dealers are independent and free to set their own prices. SEPARATELY. Create Vehicle Quote Page 1 of 2 Contract Automobile Request System (CARS) Washington State Department of Enterprise Services Create Vehicle Quote Contract&Dealer Information Contract#:03613- Vehicles,Utility and VansView Contract Dealer:Dwayne Lane's Chrysler Jeep Dodge-W1675 Dealer Contact:Mike O'Donnell 10515 Evergreen Way Dealer Phone:(425)754-5006 Everett WA 98204 Dealer Email:fleet©dwaynelane.com Order Code Vehicle Description Base Price 2315-414-001 2015 Dodge Grand Caravan SE(RTKH53,29E) View contract standard specifications $22,470.00 Organization Information Organization: FEDERAL WAY,CITY OF-21731 kr My org is not listed Email Address: Color Options Color Name Qty Billet Silver Met.(PSC) 1 Edit —Select vehicle color— L71 Add Color Tax Exempt: r Yes Vehicle Options Order Code Option Description Unit Price 2315-414-002 Credit for pickup from Dealer(Orders for Eastern Washington)(Deduct) ($75.00) F.%2315-414-003 Credit for pickup from Dealer(Orders for Western Washington)(Deduct) ($40.00) 1-2315-414-004 Delete Rear Air Conditioning&Rear Heat(Deduct) ($400.00) 1 2315-414-005 Backup Alarm,Electric $120.00 17 2315-414-006 Daytime Running Lights(LMN) $36.00 2315-414-007 Compact spare tire and wheel $275.00 r-2315-414-008 Lighting,Replace single fixture rear dome lamp with SINGLE fixture dual reading/dome light,(Dealer installed) $375.00 17 2315-414-009 Keys,Set of 2 Instead of 4(Deduct) ($250.00) 17 2315-414-010 Lumbar Adjustment,INCLUDES 8-WAY POWER DRIVER SEAT $200.00 2315-414-011 Load Leveling Height Control $290.00 17 2315-414-012 SXT Upgrade Package(for van pool use)(Includes Power sliding,left&right doors,Power rear Irrigate,Power adjustable $2,200.00 pedals,Roof rails with crossbars,Aluminum wheels,6 speaker system,Body colored-Moldings,door handles,mirrors,and grill) 17 2315-414-013 Remote Keyless Entry Additional Transmitted Coded to Vehicle $200.00 17 2315-414-014 Running boards full-length driver and passenger side(dealer installed).Aluminum,with high traction,non-slip rubber surface $959.00 in black 17 2315-414-015 Seethed Extender $49.00 ri 2315-414-016 Stock Vehicle Upcharge,Dealer Stock Vehicle With All Contract Required Equipment,Delivery 7 $249.00 FT 2315-414-017 Trailer Hitch Receiver,Class IV(Dealer Installed)See 2314-161-018 $375.00 FT 2315-414-018 Trailer wiring 4 or 7 pin(Dealer Installed)See 2314-161-017 $195.00 FT 2315-414-019 Undercoating $150.00 2315-414-020 Security Alarm(LSA) $190.00 1 2315-414-021 Delete Rear Operable Glass(Power Window Group AWH)(Deduct) ($500.00) 17 2315-414-022 $650.00 https://fortress.wa.gov/galapps/CARS/CreateQuote.aspx?v=150 8/26/2015 Create Vehicle Quote Page 2 of 2 UConnect Hands-Free Group(AAJ)includes-UConnect Voice Command w/Bluetooth,Bluetooth streaming audio,Sirius Satellite radio,RR view auto dim mirror w/microphone,Steering Wheel mounted audio controls,Remote USB port,Leather wrapped steering wheel 2315-414-023 Uconnect 430N CD/MP3/HDD/NAV Radio(RHB)includes-GARMIN NAVIGATION,6.5 inch touch screen,PARKVIEW REAR $1,450.00 BACKUP CAMERA,40GB Hard drive and audio input for mobile device Quote Totals Total Vehicles: 1 Sub Total: $23,519.00 9.5%Sales Tax: $2,234.31 Vehicle Menu Clear Form Create Quote Quote Total: $25,753.31 ®Copyright 2012 Department of Enterprise Services ANIL a. 'ri.r:. '�• https://fortress.wa.gov/ga/apps/CARS/CreateQuote.aspx?v=150 8/26/2015 Paul Pineda Tacoma Dodge Chrysler Jeep Ram SRT PURCHASE 4101 S Tacoma Way AGREEMENT Tacoma, WA98409 Buyer Co-Buyer Vehicle Federal Way Police Department 2015 Dodge Grand Caravan John Stieben VIN: 2C4RDGBG0FR738765 33325 8TH AVE S Stock#: FedWay FEDERAL WAY, WA98003 Mileage: E: (253)835-6842 Color: Purchase Details Retail Price: $25,930.00 Sales Price: $25,443.00 Savings: $487.00 Accessories: $0.00 Service Contract: $0.00 GAP: $0.00 Government Fees: $0.00 Proc/Doc Fees: $0.00 Total Taxes $2,493.41 Total Sales Price: $27,936.41 Trade Allowance: $0.00 Trade Payoff: $0.00 Trade Equity: $0.00 Rebate: $3,000.00 Cash Down: $0.00 Cash Price: $24,936.41 X X Customer Signature Manager Signature Date Date Disclaimer: Upon Approved Credit From Lender Printed 8/25/15 11:45 AM COUNCIL MEETING DATE: September 15,2015 ITEM#: 5e. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Federal/State Transportation Demand Management Implementation Agreement POLICY QUESTION: Should the Council authorize the Mayor to enter into an agreement with the Washington State Department of Transportation(WSDOT)allowing the State to reimburse the City its proportionate share of the technical assistance funding for implementing the State Commute Trip Reduction(CTR) law? COMMITTEE: Land Use&Transportation Committee MEETING DATE: September 8, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarady Long, Senior Trans. Planning Engineer DEPT: Public Works-Traffic Attachments: Memorandum to the Land Use and Transportation Committee dated September 8,2015. Exhibit 1; Project Scope of Work Options Considered: 1. Authorize the Mayor to enter into an agreement with WSDOT to accept state CTR technical funds in amount of$38,869 for the 2015–2017 biennium. 2. Do not authorize the Mayor to enter into an agreement with WSDOT and implement CTR program as required by state law and local CTR ordinance without the State CTR technical fund. The City would need to allocate budget in the amount of$38,869 for the 2015 –2017 biennium. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the September 15,2015 City Council Consent Agenda for approval. / L MAYOR APPROVAL:Q J,f��, II I 1)Lr// 1' P DIRECTOR APPROV L: Com*j ) Cou I (' JtL n °'re Ini r is- Initi. Date CHIEF OF STAFF: \AUL/, ,.�t /� ixty Co f 4ir o cil Ini'/D e Inn /Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 15, 2015 consent agenda for app I royal. r/RIM t �1r —744aA i,: ,. ; CITY OF FEDERAL WAY MEMORANDUM DATE: September 8th,2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: Marwan Salloum,P.E.,Director of Public Works Sarady Long, Senior Transportation Planning Engineer SUBJECT: Federal/State Transportation Demand Management Implementation Agreement BACKGROUND: The Washington State Department of Transportation (WSDOT) provides technical assistance funding to the City for developing and implementing the Commute Trip Reduction (CTR)programs as required by State law. The CTR program requires a two-year agreement with WSDOT from July 1, 2015 through June 30,2017. The purpose of the agreement is to allow the State to reimburse the City its proportionate share of the technical assistance funding. The work performed under this agreement is as described in the attached EXHIBIT I, Project Scope of Work Commute Trip Reduction (CTR). The City's current CTR agreement with WSDOT has expired and a new agreement is required to receive funding. The agreement capped funding allocation to the City at $38,869.00 for the July 1, 2015 through June 30, 2017 biennium. As in the past, due to workload and expertise the City will continue to use the funding allocation from WSDOT to contract with King County for their CTR support services. Staff will present this contract to the LUTC and Council committee as a separate agenda item. cc: Project File Day File K\:i AI i"1C..c.rR Pre wrara1.201'.-202T.WSDoT(Kan 571t.i It 8-745 2015-2017(:it.€32 157 CTR implementation entatiott Agreement with WSDOT.doc • EXHIBIT 1 Project Scope of Work Commute Trip Reduction(CTR) 1. Scope of Work A. Administrative Work Plan The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of the first quarter of this agreement or when the CONTRACTOR submits its first invoice, whichever is sooner. The administrative work plan will include the following elements: 1. The work plan shall identify the deliverables, schedule,expected outcomes, performance measures and the budget specific to strategies associated with this \ AGREEMENT and other strategies as defined in the approved and locally adopted CTR or GTEC plans. These plans may include,but are not limited to, recruiting new employer worksites,reviewing employer programs,administering surveys,reviewing program exemption requests,providing employer training, providing incentives,performing promotion and marketing, and providing emergency ride home and other commuter services. 2. The administrative work plan budget shall identify how the CONTRACTOR will use the state funds provided in this AGREEMENT for each task.The work plan shall also provide an estimate of the other financial resources not provided in this AGREEMENT that will be used to complete each task. 3. The administrative work plan must be approved in writing by the WSDOT Project Manager, and shall be incorporated as a written amendment to the AGREEMENT. The administrative work plan may be amended based on mutual written agreement between the WSDOT Project Manager and the CONTRACTOR and shall be incorporated as a written amendment to this AGREEMENT. B. Work to be Performed The county or city,whichever applies, has enacted or will enact a Commute Trip Reduction (CTR) ordinance in compliance with RCW 70.94.521 through RCW 70.94.555. The CONTRACTOR agrees to implement a CTR program based on the approved administrative work plan and the draft or adopted local CTR plan and to comply with all provisions of the applicable county or city ordinance. C. Use of State Funds for Incentives The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in accordance with incentives guidance to be provided by WSDOT. D. Quarterly Progress Reports and Invoices The CONTRACTOR agrees to submit to WSDOT complete quarterly progress reports, as specified by WSDOT in Section 7—Progress Reports of the AGREEMENT, in Exhibit 2, "Project Progress Report", and as integrated with the deliverables identified in the administrative work plan, along with all invoices in accordance with Section 5 — Reimbursement and Payment of the AGREEMENT. All invoices shall be complete and GCB2157 Page 10 of 16 accurately reflect actual State funded expenditures. Only those activities identified in the CONTRACTOR'S approved administrative work plan will be reimbursed by WSDOT. E. Final Progress Report The CONTRACTOR agrees to submit to WSDOT a final progress report, a template of which is attached hereto as Exhibit 4, "Final Project Progress Report,"to replace the last quarterly progress report in the period of the AGREEMENT. The final progress report shall provide an estimate of the other financial resources not provided in this AGREEMENT that were used to complete each task and shall provide a list of the funds provided in this AGREEMENT that were disbursed by the CONTRACTOR to its eligible contracting partner(s). F. Funding Distribution The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities, transit agencies, Transportation Management Associations, and Metropolitan Planning Organizations or other eligible organizations authorized to enter into agreements for the purposes of implementing CTR and/or GTEC,plans as applicable, and ordinances as authorized by RCW 70.94.527(5)and RCW 70.94.544. G. Implementation Plans The CONTRACTOR shall incorporate appropriate sections of the Project Scope of Work and incentives guidance, as well as the approved administrative work plan, in all agreements with eligible contracting partner(s), as necessary,to coordinate the development,implementation, and administration of such CTR and/or GTEC plans, and compliance with applicable ordinances. H. Appeals and Modifications The CONTRACTOR shall maintain an appeals process consistent with the Administrative Procedures section contained in the CTR Guidelines which may be obtained from WSDOT or found at http://www.wsdot.wa.gov/Transit/CTR/law.htm. I. Coordination with Regional Transportation Planning Organizations(RTPO) The CONTRACTOR shall coordinate the development and implementation of its CTR and/or GTEC plan and programs with the applicable regional transportation planning organization(RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans and programs that could impact the success of the regional CTR plan. The CONTRACTOR agrees to provide information about the progress of its CTR and/or GTEC plan and programs to the RTPO upon request. J. Survey Coordination The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for commute trip reduction employer surveys. K Planning Data The CONTRACTOR agrees to provide WSDOT with the program goals established for newly affected worksites when they are established by the local jurisdiction. The CONTRACTOR agrees to provide WSDOT with updated program goals for affected worksites and jurisdictions as requested. These updates shall be submitted electronically in a format specified by WSDOT. GCB2157 Page 11 of 16 L. Database Updates The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's contracting partners with updated lists of affected or participating worksites, employee transportation coordinators, and jurisdiction contacts,as requested. These updates will be submitted in a format specified by WSDOT. GCB2157 Page 12 of 16 COUNCIL MEETING DATE: September 15,2015 ITEM#: 5f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2015—2017 Commute Trip Reduction(CTR)Program Implementation Agreement with King County POLICY QUESTION: Should the Council authorize the Mayor to enter into an agreement with King County for CTR program implementation? COMMITTEE: Land Use&Transportation Committee MEETING DATE: September 8,2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarady Long, Senior Trans. Planning Engineer DEPT: Public Works-Traffic Attachments: Memorandum to the Land Use and Transportation Committee dated September 8,2015. Exhibit A; Scope of Work • ill Options Considered: 1. Authorize the Mayor to execute Professional Service Contract with King County in the amount of$33,646 for CTR implementation. 2. Do not authorize the Mayor to execute the Professional Service Contract with King County and hire part- time (0.60 FTE) CTR Coordinator. The City will need to identify and supplement additional budget on a yearly basis to cover employee cost and program start up. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the Septemi r 15,2015 City Council Consent Agenda for ap• oval. OR ma. MAYOR APPROVAL:Q , !I ' ��r . (,�) DIRECTOR APPROVAL: %7 ittee ci� I itta sate t! I ti.1 1/Date CHIEF OF STAFF: '(.r it kr Co / Cou In a 1te Initi �i COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 15, 2015 consent agenda for•ap...,4101.■ • ei.:L ` __ o. Ce ski,Chair Ke j Malone , Memb-j' is Assefa wso , Member r - PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to execute the Professiona Service Contract with King County in the amount of$33,646 for the 2015—2017 biennium CTR Implementation." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: September 8th,2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Director of Public Work •�• Sarady Long, Senior Transportation Planning Engineer SUBJECT• 2015—2017 Commute Trip Reduction (CTR)Program Implementation Agreement with King County BACKGROUND: The Washington State's Commute Trip Reduction (CTR) Law requires the City to develop plans and programs to reduce Single Occupant Vehicle(SOV)and Vehicle Miles Traveled(VMT)commuting trips. The law only applies to major employers with one hundred (100) or more full-time employees scheduled who arrive at a single worksite between 6:00 am to 9:00 am. Over the last 16 years, the City has contracted with King County for their CTR support services to implement the CTR program. The existing agreement with King County has expired and staff proposes to enter into a new, two-year Professional Services Agreement. The work to be performed under this agreement is described in the attached Exhibit A-Scope of Work. The proposed 2015 - 2017 CTR Implementation Agreement with King County would be fully funded by the state CTR technical assistance grant. For the July 1, 2015 through June 30, 2017 biennium, the state capped technical assistance funding allocation to the City at $38,869.00. This agreement will be presented to the LUTC on September 8, 2015 as a separate agenda item. The State CTR grant would be sufficient to fund the 2015 - 2017 Agreement with King County Metro, which is estimated at$33,646.00. Please see attached Exhibit B for assumptions of the state grant and expenditures. Staff believes this is a cost-effective way to implement the CTR program, as most cities have a full-time CTR coordinator. cc: Project File Day File K TRAFFIC CTR Program 2015-2017\KC Contract;LUCC 8-7-15 2015-2017 GCB2157 CTR Implementation Agreement wah King County.doc Exhibit A—Scope of Work City of Federal Way—Commute Trip Reduction Services Contract Period: July 1,2015 through June 30,2017 King County will implement all elements of the City of Federal Way CTR work plan through the following activities Strategy 1: Train all new ETCs and new sites to ensure that they have an understanding of the requirements of the law, implementation strate ies and their site's erformance to date. Description: • Consult with ETCs at new sites and with new ETCs at existing sites,conduct basic ETC training quarterly, survey training as needed,update and maintain CTR website and printed information. • Deliverables: • Offer regular ETC basic training sessions • Consult with new ETCs at new sites and at existing sites • Offer survey briefings aligned with survey cycles • Maintain CTR website as a,source of information, materials and tools Strategy 2: Track and notify employers of legally required activities and provide technical assistance to all employers for legal compliance. Description: • Notify new sites; assist them with baseline survey and initial program development. • Send survey and program notifications to all sites, review extensions and exemptions requests, set up and assist sites with paper and online surveys and program reporting. • Negotiate steps for compliance with non-compliant worksites. Maintain database and master file records on all sites. • Provide WSDOT with an electronic copy of city's CTR-affected employers and ETCs quarterly or as required by WSDOT. Deliverables: • Notify new and existing sites of survey and program reporting requirements within timeframes specified in Law and/or Ordinance • Maintain electronic and paper records in accordance with WSDOT requirements • Document sites' compliance with required activities 2015-2017 Commute Trip Reduction Agreement Between King County and the City of Federal Way Exhibit A Scope of Work Page 11 of 14 • Strategy 3: Focus program review and survey analysis time on sites that have not made progress towards goal and spend less time reviewing program reports for sites that have made progress or goal. Description: • Forsites that have met or made progress towards goal,focus program review for completeness of report and approve using electronic submittal. • For no progress sites,conduct survey analysis and make recommendations for program improvements to ETC. • Review programs for inclusion of recommendations,as well as completeness and program.summary........................... ................................................................................................................................_. Deliverables: • Review all programs for completeness • Approve programs for sites that have made progress or goal • Consult with sites that have not made progress or goal and recommend improvements to • program Strategy 4: Assist ETCs with marketing of commute programs and ensure they meet their program information distribution requirements. Help ETCs become a major resource to their employees by providing them with up-to-date commute information,tools for communicating with employees,turn-key commuter promotions,and opportunities to attend employer network group meetings. Description: • Review program summary and make marketing recommendations at sites that did not make progress towards goals. • Send transportation related news and announcements via email to all ETCs; coordinate and distribute materials and information for promotions such as Wheel Options and Bike to Work Day; schedule,promote, engage speakers and invite ETCs to employer network group meetings, as needed. Deliverables: • Send regular emails to ETCs on transportation related issues that they can share with their employees • Inform ETCs of program summary template on website • Print and mail new set of commute options posters to sites • Distribute promotional materials to sites for county and state-wide promotions • Notify ETCs of network group meetings 2015-2017 Commute Trip Reduction Agreement Between King County and the City of Federal Way Exhibit A Scope of Work Page 12 of 14 Strategy 5: Actively promote alternatives to drive-alone commuting at worksites targeted by location,corridor,industry or lack of progress toward goal. Description: • Identify highly congested employment areas and/or sites that have not made progress toward goals for targeted outreach. Develop strategies to help ETCs communicate and promote program to employees,implement targeted promotions. Deliverables: • Organize promotions or events at select targeted areas, corridors or industries. Strategy 6: Administer program: Description: • Perform general update and implementation of the CTR Plan and ordinance, including development and execution of implementation contract between King County CTR Services and the City of Federal Way and the Administrative Work Plan; provisions of quarterly report information for city to complete state funds billing and reporting requirements. • Meet regularly with CTR staff to review activities and accomplishments. • Provide the city with draft responses to inquiries by the CTR Board and others, as requested. • Other activity as incurred costs for materials, as directed by the city. Deliverables: • Executed CTR contract, • Updated CTR Plan ready for city editing and delivery to PSRC and the CTR Board • 2015-2017 Commute Trip Reduction Agreement Between King County and the City of Federal Way Exhibit A Scope of Work Page 13 of 14 • Exhibit B—Funding City of Federal Way—Commute Trip Reduction Services Contract Period: July 1,2015 through June 30,2017 FUNDING State CTR Funds TOTAL FUNDS AVAILABLE $ 38,869.00 NUMBER OF SITES 11 COMMUTE TRIP REDUCTION SERVICES CONTRACT Strategy 1 $ 1,634 Strategy 1 Direct Reimbursables -ETC training $ 600 Strategy 2 $ 10,972 Strategy 3 $ 4,862 Strategy 4 $ 7,161 Strategy 5 $ 3,269 Strategy 6 $ 5,148 CONTRACT TOTAL $ 33,646.00 20I5-2017 Commute Trip Reduction Agreement Between King County and the City of Federal Way Exhibit B Funding Page 14 of 14 COUNCIL MEETING DATE: September 15,2015......................................................................................................................................................................_ITEM#: CITY OF FEDERAL WAY CITY COUNCIL • AGENDA BILL SUBJECT: AMENDMENT TO WSDOT FIBER INSTALLATION AGREEMENT POLICY QUESTION: Should the Council authorize the extension of the agreement with WSDOT for the fiber installation to share traffic conditions information? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 8,2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer Y DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated September 8, 2015 Options Considered: 1. Authorize execution of Amendment 1 to extend the term of the existing agreement through 2020. 2. Do not authorize execution of Amendment 1 and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the September 15,2015 Council Consent Agenda for appro al. MAYOR APPROVAL:,r3.Lh,tv✓�A � 11 �V,/,��1 r - 1 IRECTOR APPROVAL 'OM Co , �•� K a'%t' d � -7 'ate I Ini 11/Date CHIEF OF STAFF: / '/ Q Co, ';.- . Council I 'ial rate Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 15, 2015 consent agenda for approval. c // / A / Bob Ce1S-7-hair Kel ,�Malone , Memb dia Assef: awson,Member PROPOSED COUNCIL MOTION: "I move approval of Amendment 1 to authorize a 5-year extension of the existing agreement with WSDOT to provide fiber for sharing traffic operations information." (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: September 8,2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: Marwan Salloum, P.E., Public Works Director Rick Perez, P.E., City Traffic Engineer SUBJECT: WSDOT Fiber Agreement Amendment BACKGROUND: In 2009, Washington State Department of Transportation initiated a project to share traffic condition data between the State and local agencies, called "Traffic Busters". The project connects WSDOT with 22 cities and counties in the region, including Federal Way. The scope of the project within Federal Way capitalizes on existing fiber optic cable installed by both the City for traffic signal interconnect and citywide WiFi and King County Metro in support of Transit Signal Priority for the RapidRide Line A Bus Rapid Transit project. The Traffic Busters project eliminated a gap in our otherwise continuous run of 24 strands of fiber between City Hall and I-5, where it connects to WSDOT's fiber trunk on I-5 to their Traffic Systems Management Center in Shoreline. WSDOT funded elimination of this gap with 24 strands, of which 2 are reserved for the purpose of sharing traffic data under the Traffic Busters program. The City is free to use the remaining 22 strands however we choose. Preliminarily, these would be used for traffic signal interconnect, Safe City, and citywide Wi-Fi. WSDOT also provides additional hardware and software in City Hall to provide functionality. The term of the existing agreement is for 5-year intervals, and now requires an extension for another 5 years. Other than the extension of the term of the agreement, City contact information is also being updated. cc: Project File Central File K:\LUTC\20I5\09-08-15 WSDOT Fiber Agreement Amendment.doc Contract No. K275 Washington State Department of Transportation Amendment No. 01 to Fiber Installation in City Conduit in City Right of Way,No. K275 This is AMENDMENT No. 01 (Amendment)to that certain agreement entitled Fiber Installation in City Conduit in City Right of Way No. K275, dated October 1, 2010, is entered into by and between the state of Washington, acting by and through the Department of Transportation, an agency of Washington State government located at 7345 Linderson Way SW, Tumwater, WA 98504-7430, and City of Federal Way, located at 33325 8th Avenue S, Federal Way, WA 98003. RECITALS A. WSDOT and City of Federal Way entered into an interagency agreement for Fiber Installation in City Conduit in City Right of Way, No. K275, dated October 1, 2010, (hereinafter Agreement). B. Section 16 AMENDMENTS of the Agreement provides for written amendments. C. WSDOT and City of Federal Way desire to amend certain terms in the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the terms, conditions, and covenants contained herein, IT IS MUTUALLY AGREED AS FOLLOWS: 1) Section 2, "TERM," is hereby extended for one five (5)year term. 2) Exhibit A, "Contact Sheet,"is hereby replaced in its entirety with the attached Exhibit A. 3) Effective Date. The execution of this amendment shall constitute a ratification of that earlier verbal agreement of the parties, hereto, the terms and conditions of which are fully contained herein. Accordingly, the effective date of this amendment shall be October 1, 2015 regardless of the date of execution. This contract is in effect through September 30, 2020. 4) Affect on Other Provisions. 4.1 All other provisions and exhibits of the Agreement remain in full force and effect and are not altered or affected in any way unless specifically modified herein. K275 1 Amendment 01 • 4.2 The provisions of the Agreement, as modified by this Amendment, shall apply equally to any and all other provisions in the Agreement as though the modified provisions were original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties hereto, having read this Amendment in its entirety, including all exhibits and attachments, do agree in each and every particular and intending to be legally bound have executed this Amendment. Washington State City of Federal Way Department of Transportation Grant Rodeheaver, Director Jim Ferrell, Mayor Information Technology Division Date Date • K275 2 Amendment 01 EXHIBIT A Interagency Agreement Contact Information WSDOT Contract Number: K275 City of Federal Way Contract Number: AG 11-113 Effective Date: October 1, 2015 Washington State Department of Transportation Only the Contract Signature Authority identified below are authorized to bind WSDOT. Contract Signature Authority: Grant Rodeheaver, Director . Information Technology Division P.O. Box 47430 Tumwater, WA 98504-7430 (360) 705-7601 rodeheg(a wsdot.wa.gov Contract Manager: Morgan Balogh, Manager NWR Traffic Operations 15700 Dayton Avenue North Seattle, WA 98133-5910 (206)440-4485 baloghm(&,wsdot.wa.gov Project Manager: Michael Forbis NWR Traffic Operations 15700 Dayton Avenue North Seattle, WA 98133-5910 (206)440-4463 forbism@wsdot.wa.gov Contract Administrator: Carol Kirsch Administrative Services Contracts Office P.O. Box 47430 Olympia, WA 98504-7430 (360) 705-7547 KirschC a(�,wsdot.wa.gov Invoicing Information Technology Division Attn: Invoice Processing Business Unit 7345 Linderson Way S.W. P.O. Box 47430 Tumwater, WA 98504-7430 (360) 705-7716 WSDOTOITVendorPavments @wsdot.wa.gov The preferred method of submittal shall be electronic to the email address above. K275 Amendment 01 Page 1 of 2 Exhibit A City of Federal Way Contract Signature Authority 1: Jim Ferrell, Mayor 33325 8th Avenue South Federal Way, WA 98003 Contract Manager: Rick Perez, P.E. City Traffic Engineer 33325 8th Avenue South Federal Way, WA 98003 (253) 835-2740 (253) 835-2709 FAX rick.perez@cityoffederalway.com Contract Administrator: Rick Perez, P.E. City Traffic Engineer 33325 8th Avenue South Federal Way, WA 98003 (253) 835-2740 (253) 835-2709 FAX rick.perez(a cityoffederalway.com K275 Amendment 01 Page 2 of 2 Exhibit A ii INTERAGENCY AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION AND CITY OF FEDERAL WAY (Fiber Installation in City Conduit in City Right of Way) THIS INTERAGENCY AGREEMENT (Agreement) is made and entered into by and between the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) and the CITY OF FEDERAL WAY(CITY). RECITALS WHEREAS, WSDOT has deployed the "WSDOT Statewide Intelligent Transportation Systems (ITS)Plan",with the goal of improving transportation safety and mobility and enhance productivity through the use of advanced communication technologies into the transportation infrastructure and vehicles, encompassing a broad range of wireless and wire line communications-based information and electronics technologies,and WHEREAS, WSDOT's Northwest Region is implementing a regional project called the "Traffic Buster"system, herein the"System Network,"which will allow approximately twenty local agencies in the central Puget Sound to connect to WSDOT fiber optic network and exchange traffic video, and WHEREAS,the CITY will be a participating agency in the System Network;and WHEREAS, it is of mutual benefit to both PARTIES for the CITY to connect to the System Network, the PARTIES hereby wish to establish the roles of the PARTIES for the installation, operation and maintenance of the System Network,and WHEREAS, it is to the mutual advantage of the CITY and WSDOT to enter into this Agreement, which Agreement is authorized by RCW 39.34.030 and RCW 47.28.140. AGREEMENT NOW,THEREFORE, in consideration of the terms,covenants, and performances contained herein it is mutually agreed as follows: t PURPOSE. 1.1 It is the purpose of this Agreement to set forth the terms and conditions by which the PARTIES shall install, maintain and operate the System Network and interconnect to the System Network located within each PARTIES respective rights of way at each PARTIES sole cost, except as detailed in Section 4 of this Agreement. Page 1 of 10 WSDOT Contract K275 City of Federal Way Contract 1.2 The PARTIES agree to work closely in the operation of the System Network and to notify the other PARTY when problems occur. If either PARTY requires access to the other PARTY's cabinet, vault or facility for maintenance or troubleshooting, accompanied access shall be rr n ed through the PARTIES per Section 8 Contract Management. a a p 9 9 9 2 TERM 2.1 Initial Term The initial term of this Agreement shall be five (5) years, commencing upon October 1, 2010 regardless of the date of execution. 2.2 Extension This Agreement may be extended for one (1) additional five (5) year term by mutual written agreement of the PARTIES. 3 STATEMENT OF WORK 3.1 Installation of Fiber Optic Cables The CITY or its assigned shall: 3.1.1 Provide and install a 24 strand SM fiber-optic cable from the signal controller cabinet at the NE corner of S. 320th St and SR99 to the signal controller cabinet at the SW corner of S. 320th St and 8th Ave S(see Exhibit B). 3.1.2 Provide and install conduit and junction boxes as shown in the provided plans (see Exhibit B). 3.2 WSDOT's Use of Fiber Strands. The CITY hereby authorizes WSDOT and WSDOT hereby agrees to use, in accordance with the terms and conditions herein, 2 strands of the Fiber Cable (Fiber Strands)as described in Section 3.1 for the purpose of improving transportation safety and mobility. 3.3 Maintenance and Repair of Fiber Optic Cables The City will maintain, repair and keep the Fiber Cable in a safe manner and in good order and repair. If maintenance requires access to WSDOT's signal cabinet, the CITY shall notify WSDOT at least five (5) Business Days in advance for any scheduled maintenance. For emergency repairs that require access to WSDOT's signal cabinet, the CITY will inform WSDOT as soon as possible of any emergency work performed, and will provide all relevant information such as, but not limited to, the nature of the emergency, the locations where repairs were performed, and whether continuing work is required. For the purposes of this Agreement, the term "Business Days" shall mean Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Standard Time, except for holidays observed by WSDOT. Maintenance and repair work shall be performed at the cost of the CITY. Page 2 of 10 WSDOT Contract K275 City of Federal Way Contract 3.4 Additional Work Either PARTY may request additional work by submitting a written request detailing the design, deployment and cost of such work, if to WSDOT, the WSDOT Project Manager, and if to the CITY, the City Project Manager. Prior to commencement of any such option work, the scope of work shall be detailed in a written statement of work (SOW) executed by the appropriate WSDOT Signature Authority listed on Exhibit A, and any revisions thereto, and the CITY's Chief Information Office, as listed on Exhibit A, and any revisions thereto. Each SOW shall include the approval date of the agreed upon additional work. 4 CONSIDERATION The consideration for this Agreement is: 4.1 The CITY agrees: 4.1.1 To install and maintain the Fiber Cable in the Right of Way pursuant to Section 3 above, 4.1.2 To provide WSDOT use of two(2)fiber strands at the location as described in Section 3.1,and as may be modified by an approved SOW,as provided in Section 3.4 herein; 4.1.3 To invoice WSDOT, providing supporting documents for the charges billed. Invoices and or payments shall not exceed one per month and shall include at a minimum: a. WSDOT Contract Number K275; b. Statement of Work Number(if applicable); c. Description of service; d. Date service was rendered; e. Amount invoiced including all applicable discounts&taxes; f. Total Amount Due. 4.2 WSDOT agrees: 4.2.1 To provide operational access to the System Network at no cost to the CITY. 4.2.2 To reimburse the CITY for the actual direct salary and direct non salary costs for the work to include but not limited to the installation of fiber optic cables, as described in Section 3.1 above. 4.2.3 To pay in cash to the CITY a lump sum amount not to exceed eighty thousand dollars ($80,000)no later than thirty days upon receipt of a properly submitted single invoice. 4.2.4 The consideration provided by each PARTY herein is deemed to be of equivalent value. 4.2.5 Any additional work, as agreed to pursuant to Section 3.4, shall include compensation equivalent in value to the work, rights,and obligations agreed to therein. Page 3 of 10 WSDOT Contract K2T5 City of Federal Way Contract 5 OWNERSHIP OF IMPROVEMENTS • The Fiber Cable and appurtenances thereto installed by the CITY in the Right of Way pursuant to this Agreement shall be deemed the personal property of and owned by the CITY. 6 OVERHEAD,INDIRECT OR ADMINISTRATIVE FEES Unless otherwise expressly stated in this Agreement, there will be no overhead, indirect or administrative fees assessed for this Agreement by either PARTY. 7 RECORDS 7.1 The PARTIES shall each maintain books, records, documents and other evidence relating to this Agreement that sufficiently and properly reflect all direct and indirect costs expended by either PARTY in the performance of this Agreement. These records shall be subject to inspection, review or audit by personnel of both PARTIES, other personnel duly authorized by either PARTY, the Office of State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six (6) years after termination of this Agreement. Records involving matters in litigation related to this Agreement shall be kept for either one (1) year following the termination of litigation, including all appeals,or six(6)years from the date of expiration or termination of this Agreement,whichever is later. 7.2 Records and other documents, in any medium, furnished by one.PARTY to this Agreement to the other PARTY, will remain the property of the furnishing PARTY, unless otherwise agreed. Each PARTY will utilize reasonable security procedures and protections to assure that records and documents provided by the other PARTY are not erroneously disclosed to third PARTIES. 7.3 Notwithstanding the foregoing, the PARTIES acknowledge that any documents and records that are prepared or created pursuant to this Agreement may be determined to be public records under the Washington Public Records Act, Chapter 42.56 RCW, and as such may be subject to public disclosure. Each PARTY recognizes that certain documents and records may contain proprietary information exempt from disclosure under Public Records Act, may constitute trade secrets as defined in RCW 19.108.010(4) and may include confidential information which is otherwise subject to protection from misappropriation or disclosure. Should any documents or records that are prepared or created pursuant to this Agreement become the subject of a request for public disclosure,the following procedures shall apply: 7.3.1 The PARTY who received the disclosure request (Recipient) shall immediately notify the other PARTY (Owner) of such request and the date by which it anticipates producing the requested records. 7.3.2 The Owner must then assert in writing to the Recipient any claim that such records contain proprietary or confidential information that it believes is exempt from disclosure under the Public Records Act or is subject to protection pursuant to Chapter 19.108 RCW or other State of Washington law so that Recipient may consider such assertion in responding to the requester. Page 4 of 10 WSDOT Contract K275 City of Federal Way Contract 7.3.3 If the Owner fails to make such assertion within eight (8) days after the date the Recipient notifies the Owner of its intended response, the Recipient shall have the right to make such disclosure. 7.3.4 If the Owner makes a timely assertion that the requested records contain proprietary or confidential information or trade secrets, the Recipient will allow the Owner an additional ten (10) days for the Owner to seek judicial protection of the records pursuant to RCW 42.56.540. Such an action shall be at the Owner's expense. Should the Recipient elect to participate in any such action its own attorney's fees will be the Recipient's expense. If the Owner does not seek judicial protection of the records within ten (10) days after notifying the Recipient of its belief that the records contain proprietary or confidential information or trade secrets, then Lessee shall release the records to the requestor. 7.3.5 If prior to judicial consideration of a challenge by a requester, the Recipient in its sole discretion believes the Owner does not have a valid claim, it shall so notify the Owner no less than five (5) days prior to the date the Recipient intends to make the disclosure to allow the Owner to take such action as it deems appropriate prior to disclosure. The Recipient will not make such a disclosure while an action to enjoin disclosure is pending under RCW 42.56.540. 7.3.6 If the Recipient denies a request for public records solely for reasons other than the Owner's assertion of proprietary or confidential information contained in records, the Owner has no responsibility for payment of any attorneys' fees or fines that may be imposed on the Recipient, nor for payment of Recipient's attorneys'fees. 7.3.7 In the event either PARTY believes that any documents or records subject to transmittal to or review by the other PARTY under the terms of this Agreement contain proprietary, trade secret or other materials that are exempt or protected from disclosure pursuant to applicable Laws, the owner of the document shall identify and clearly mark such information prior to such transmittal or review. The provisions of this Section 6.3 shall apply even though a PARTY may fail to identify and clearly mark such information prior to transmittal or review. 7.4 The provisions in this Section shall survive the expiration or termination of this Agreement. 8 TERMINATION 8.1 Termination for Convenience Either PARTY may terminate this Agreement upon ninety (90) calendar days' prior written notification to the other PARTY. If this Agreement is so terminated, the PARTIES shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Page 5 of 10 WSDOT Contract K275 City of Federal Way Contract 8.2 Termination for Default In the event a PARTY does not timely and properly fulfill the performance of the terms and conditions of this Agreement, the other PARTY may issue a written notice to the defaulting PARTY to cure the default within fifteen (15) calendar days of said notice. In the event the default is not cured within that 15-day period, or such longer period, as may be reasonably determined by the non-defaulting PARTY, if the defaulting PARTY is diligently working to cure the default,this Agreement shall terminate without further action of either party. 9 CONTRACT MANAGEMENT 9.1 Contact Information. All contact information for the management of this agreement shall be identified in Exhibit A. Exhibit A may be updated by either PARTY for their agency only and shall be submitted in writing or electronic mail to the other PARTY by the Contract Administrators. Any update to Exhibit A shall state the effective date of said update. 9.2 Contract Managers The Contract Managers for both WSDOT and City identified in Exhibit A shall be the primary contact for ALL communications and billings for the performance of this Agreement. The Contract Managers shall be responsible for the daily performance and technical oversight of this Agreement on behalf of WSDOT and CITY. 9.3 Project Managers 9.3.1 The WSDOT Project Manager identified in Exhibit A shall be lead for WSDOT on all technical and troubleshooting issues regarding the performance of this Agreement. The WSDOT Project Manager shall be responsible for facilitating with the WSDOT Project Manager any interagency technical communications and/or coordination necessary regarding the business associated with this Agreement. 9.3.2 The CITY Project Manager identified in Exhibit A shall be lead for the CITY on all technical and troubleshooting issues regarding the performance of this Agreement. The CITY Project Manager shall be responsible for facilitating with the WSDOT Project Manager any interagency technical communications and/or coordination necessary regarding the business associated with this Agreement. 10 DISPUTES 10.1 The Project Managers shall work cooperatively to resolve problems or issues arising under this Agreement in a timely manner. 10.2 In the event the Project Managers are unable to resolve a dispute, the following individuals are designated to serve as the representatives of each PARTY(Designated Representatives)and shall confer to resolve disputes that arise under this Agreement as requested by either PARTY. The Designated Representative for WSDOT is Grant Rodeheaver, Director of the Page 6 of 10 WSDOT Contract K275 City of Federal Way Contract Office of Information Technology. Designated Representative for the CITY is Brenda Cooper, Chief Information Officer. The Designated Representatives shalt use their best efforts and exercise good faith to resolve such disputes. the Assistant are unable to resolve the dispute, 10.3 In the event the Designated Representatives 9 Secretary of Administrative Operations for WSDOT, or his/her designee, and the City Attorney for the CITY or her/his designee shall confer and exercise good faith to resolve the dispute. 10.4 In the event the Assistant Secretary of Administrative Operations for WSDOT and the City Attorney for the CITY are unable to resolve the dispute, the PARTIES may, if mutually agreed in writing, submit the matter to non-binding mediation. The PARTIES shall then seek to mutually agree upon the mediation process, who shall serve as the mediator, and the timeframe the PARTIES are willing to discuss the disputed issue(s). 10.5 Each PARTY shall bring to the mediation session, unless excused from doing so by the mediator, a representative from its side with full settlement authority. In addition,each PARTY shall bring counsel and such other persons as needed to contribute to a resolution of the dispute. The mediation process is to be considered settlement negotiations for the purpose of all state and federal rules protecting disclosures made during such conference from later discovery or use in evidence; Provided, that any settlement executed by the PARTIES shall not be considered confidential and may be disclosed. Each PARTY shall pay its own costs for mediation and share equally in the cost of the mediator. The venue for the mediation shall be in Olympia,Washington, unless the PARTIES mutually agree in writing to a different location. 10.6 If the PARTIES cannot mutually agree as to the appropriateness of mediation, the mediation process, who shall serve as mediator, or the mediation is not successful, then either PARTY may institute a legal action in the County of Thurston, State of Washington, unless other venue is mutually agreed to in writing. The PARTIES agree that they shall have no right to seek relief in a court of law until and unless each of the above procedural steps has been exhausted. 10.7 Continuity of Service. 10.7.1 WSDOT and the CITY agree that, the existence of a dispute notwithstanding, they will continue without delay to carry out all their respective responsibilities under this Agreement that are not affected by the dispute. 10.7.2 If the subject of the dispute is the amount due and payable by from one PARTY to the other, the PARTY providing the services shall continue providing services pending resolution of the dispute. 11 GOVERNANCE 11.1 This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. Page 7 of 10 WSDOT Contract K275 City of Federal Way Contract 11.2 In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Statement of work;and c. Any other provisions of the Agreement, including materials incorporated by reference. 12 ASSIGNMENT The work to be provided under this Agreement,and any claim arising thereunder, is not assignable or delegable by either PARTY in whole or in part,without the express prior written consent of the other PARTY, which consent shall not be unreasonably withheld or delayed. Provided that nothing herein precludes WSDOT from contracting out the Fiber Cable installation and maintenance work to third PARTIES. 13 WAIVER A failure by either PARTY to exercise its rights under this Agreement shall not preclude that PARTY from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the PARTY and attached to the original Agreement.A failure by either PARTY to exercise its rights under this Agreement shall not preclude that PARTY from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing an authorized r r representative of the PARTY and attached to the original Agreement. signed by ep e 9 14 SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. 15 INDEPENDENT CAPACITY The employees or agents of each PARTY who are engaged in the performance of this Agreement shall continue to be employees or agents of that PARTY and shall not be considered for any purpose to be employees or agents of the other PARTY. 16 AMENDMENTS This Agreement may be amended by mutual written agreement of the PARTIES. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the PARTIES as set forth in Exhibit A. Page 8 of 10 WSDOT Contract K275 City of Federal Way Contract 17 EXHIBITS 17.1 Exhibit List a. Exhibit A: Contacts b. Exhibit B: Plans 17.2 All exhibits, attachments, and documents referenced in this contract are hereby incorporated into this Agreement. 18 AGREEMENT EXECUTION The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 9 of 10 WSDOT Contract K275 City of Federal Way Contract 19 ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the PARTIES. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the PARTIES hereto. IN WITNESS WHEREOF,the PARTIES have executed this Agreement. CITY OF FEDERAL WAY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION ,>// d Brian/Fon Bill Ford,Assistant Secretary City Manager/Police Chief Administrative Operations AY.N/y 020/0 w 1 Date Date APPROVED AS TO FORM: City Attorney, Patricia A. Richardon Page 10 of 10 WSDOtContract K275 City of Federal Way Contract EXHIBIT A Interagency Agreement Contact Information WSDOT Contract Number: K425 City of Kirkland Contract Number: Effective Date: October 1, 2010 Washington State Department of Transportation Only the Contract Signature Authority 1 and 2 identified below are authorized to bind WSDOT. Contract Signature Authority 1: Grant Rodeheaver, Director (under$100,000 and single year) Office of Information Technology P.O. Box 47430 Tumwater,WA 98504-7430 (360)705-7601 rodeheqwsdot.wa.qov Contract Signature Authority 2: (over Bill Ford, Assistant Secretary $100,000 or multi-year) Administrative Operations P.O. Box 47400 Olympia,WA 98504-7400 (360)705-7501 fordb(@wsdot.wa.gov Contract Manager: Morgan Balogh, Manager NWR Traffic Operations 15700 Dayton Avenue North Seattle,WA 98133-5910 (206)440-4485 baloghm(a)wsdot.wa.gov Project Manager: Michael Forbis NWR Traffic Operations 15700 Dayton Avenue North Seattle,WA 98133-5910 (206)440-4463 forbism(@wsdot.wa.gov Contract Administrator: Jaylene Barry, C.P.M.,CPPB Administrative Services Contracts Office P.O. Box 47408 Olympia, WA 98504-7408 (360)705-7547 barryia anwsdot.wa.gov K275 Page 1 of 3 Exhibit A Invoicing Office of Information Technology Attn: Invoice Processing Business Unit 7345 Linderson Way S.W. P.O. Box 47430 Tumwater,WA 98504-7430 (360)705-7716 WSDOTOITVendorPavments(c�wsdot.wa.gov The preferred method of submittal shall be electronic to the email address above. K275 Page 2 of 3 Exhibit A City of Federal Way Contract Signature Authority 1: Brian Wilson, City Manager and Police Chief 33325 8th Avenue South P.O. Box 9718 Federal Way,WA 98063 Contract Manager: Rick Perez, P.E. City Traffic Engineer 33325 8th Avenue South P.O.Box 9718 Federal Way,WA 98063 (253)835-2240 (253)835-2709 FAX rick.perezAcitvoffederalway.com Contract Administrator: Rick Perez, P.E. City Traffic Engineer 33325 8th Avenue South P.O. Box 9718 Federal Way,WA 98063 (253)835-2240 (253)835-2709 FAX rick.pe rez(a�citvoffedera lway.co m K275 Page 3 of 3 Exhibit A COUNCIL MEETING DATE: September 15, 2015 ITEM#: 5h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2016 ASPHALT OVERLAY PROGRAM PRELIMINARY PROJECT LIST AND AUTHORIZATION TO BID POLICY QUESTION: Should the Council approve the 2016 Asphalt Overlay Program Preliminary Project List, and authorize staff to proceed with the design and bid of the proposed 2016 Asphalt Overlay Program? MEETING DATE: September 8, 2015 MEE A COMMITTEE: Land Use and Transportation Committee p , CATEGORY: ® Consent ❑ Ordinance El Public Hearing El City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Street Systems Engineer DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated September 8,2015 Options Considered: 1. Approve the list of streets for the 2016 Asphalt Overlay Project as presented. Furthermore, authorize staff to bid all or part of the 2016 Asphalt Overlay Project, returning with a request for permission to award the project within the available 2016 Asphalt Overlay Budget to the lowest responsive, responsible bidder. 2. Direct staff to modify the preliminary list and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the Septe -ber 15,2015 Council Consent Agenda for approval. MAYOR APPROVAL:0Lit f,j/ %1 -'I DIRECTOR APPROV . 1ram ,. rate I '. rate itial(D..' CHIEF OF STAFF: 1.(,,,L� ?`! O t ,/ tr17 . t" cil a�.. ��tial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 15, 2015 consent agenda for appro al. ti;le � e19 Bob Celski, Chair Ke j Malone ,Memby Assefa 11 wson,Member PROPOSED COUNCIL MOTION: "I move to approve the list of streets for the 2016 Asphalt Overlay Project as presented. Furthermore, authorize staff to bid all or part of the 2016 Asphalt Overlay Project, returning with a request for permission to award the project within the available 2016 Asphalt Overlay Budget to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: September 8,2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor Marwan Salloum,P.E.,Public Works Director FROM: Jeff Huynh, Street Systems Engineer SUBJECT: 2016 Asphalt Overlay Program Preliminary Project List and Authorization to Bid BACKGROUND: Public Works staff has developed a list of recommended streets for the 2016 Asphalt Overlay Program. The total estimated budget for the program is$1,863,967 and is comprised of the following: • 2016 Proposed Overlay Budget $1,515,000 • 2016 Structures Budget $166,267 • 2015 Carry Forward(estimate) $1 82,700 TOTAL FUNDING AVAILABLE $1,863,967 The transfer of the $166,267 from the structures budget is for the City's annual Sidewalk Maintenance Program, and will cover the costs associated with the replacement of substandard wheelchair ramps, and repairing existing curb,gutter,and sidewalks within the overlay project area. The following is a preliminary list of streets to be included in the 2016 Asphalt Overlay Program. The streets were selected using the City's Pavement Management System and were verified by field reconnaissance. The costs shown are estimated and will be refined as the design of each schedule is completed. A project vicinity map and more detailed area maps are attached for your information. SCHEDULE DESCRIPTION AMOUNT A 47th Ave SW- SW 320th to SW Dash Point Road $262,000 B SW 356th Street—2nd Ave S to 4th P1 SW $346,000 C S 336th Street— 1st Way S to 10th P1 S $280,000 D Twin Lakes Highlands $422,500 E 10th Ave SW—7th Ct SW to SW Campus Dr $396,500 ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: $1,707,000 5%Construction Contingency $85,350 Pavement Management System $0.0 In-house Design $60,000 Construction Administration $100,000 City's Administrative Fee $66,368 Printing and Advertising $4,000 ESTIMATED TOTAL PROGRAM COST: $2,022,718 The estimated cost of $2,022,718 is a preliminary figure used for estimating purposes only and includes construction administration, five percent construction contingency, in-house design and construction management,printing and advertising. The 2016 Asphalt Overlay Project will be awarded within the available overlay program budget. Once Council approves the list of streets for the Overlay Program, staff will begin the final design. The anticipated date for advertising is February 2016,with construction beginning in April 2016. City of Federal Way 2016 Overlay 72n ...///�VV� S 272nd St N d% „ .1una> .q 'Pod o, o -o o re o Z'' S 288th St CO ys i I I ad QO10r.- I yr ,..hr- i a SW 312th St„� h. t` ' r F swparr ?kg- A .. ? % SW 320th St SW 320th St I ` _._a.�. _ . ...._....__ s 3 Ot S�/�� Q t ' 2, Federal A \ (-) 324th St /may o_ f ( d North w [/�-{ 1a re Pkwy SW Ca Y. i I Sho lltebma * m G (it- s t ,3.336ih S ' \ cn -ti Q h ti '*• G I rn L i/ AG } S 348th St m N 1A 4•}h, Q litotiiii. iNiii„ ill 4.■ S W 3560111. '. ".. f1M..411111t' ..-'"'..*.-74../ .4. . 1 ______t,_, otQ may" `moo �''1 2 �° ,1 II', `� Qa A 44 w jiJ + a y� oo _ I Q- 2016 Federal Way Overlay - Schedule A t - sw ,....., . 312 P L 313 ST 0 Palisades ty > Park ao > a C, Lc) 313 PL v`' U1! SW 314 PL SW 314 ' L S u) cn oo h.- u) 4? o_ a.' Q 0?... P CD (n SW A ^,6 ci) Lo SW 317 LNG d z S P J ocr z z 2, -I `�' F..._ 11 to v• LU SVV 318 ST SW 317 PL 0 -� S z Ct SW 319 PL S r � Q 319LN d` c0 > v- S ?„, ,SST 320PL J 32 (0 ( a c r r-,.,-4, r1—;n� S .,N/ q 9 1 CT --1 J d' Map Date: 8/2015. This map is accompanied by NO warranties. 0 250 500 Feet The streets that comprise this schedule are subject to change. N 2016 Federal Way Overlay - Schedule B _...,,, cr-, 352 ST �� Cl) �4- ..1 Q SW 353 SW 353 ST ST SW 356th /W Detention S W i Pond 355 >._ PL <> 0 S 356 ST 6 SI 3- S 357 ST co fl '� ST YD S3 n co Map Date: 8/2015. This map is accompanied by NO warranties. a 0 250 500 Feet The streets that comprise this schedule are subject to change. N 2016 Federal Way Overlay - Schedule C _' 6 4\ /1.9. S 336 Si , s C o 336 S1 S S cp 7 S 338 ST t1/ 5/06' ?,4 Kitts Come S gton i ►r,'r_'r ReaSt Map Date: 8/2015. This map is accompanied by NO warranties. a 0 250 500 Feet The streets that comprise this schedule are subject to change. N 2016 Federal Way Overlay - Schedule D kyk.k. L?_. ..., ,3-, .\\,1 cl) .. ...--' c-, Q < SW 327 ST c; 7� � "P; SW 328 ST co CL SW328PL I.' Si" o CO ) VI/ . 305 '0 ,529 ,,J N- SW CT Olympic 329 PL j view `3a�,. S 'S 330 Park SW 33/ ?'� SW 33 7 .....\ co ST SW 331 Q ST , ST 331 Q co ST co SW 331 PL 332 ch a 332 SW 332 PL ST "' PL Cts ..cs a , s\i‘i 33r5 SI.. 333 T v, a- <c> r53& s d33 J� S� � Q~ 834. s, 0 CO L �,- SW 335 S, Q- \ Sr Map Date: 8/2015. This map is accompanied by NO warranties. a 0 250 500 Feet The streets that comprise this schedule are subject to change. N 2016 Federal Way Overlay - Schedule E 32 9 040 0 In C PL CT - > > ,S`a,�1! 330 © 1� .> 330 SW 331 SW 331 2 pL CT -J► ST ST 331 ST > SW 332 H iV. . co CT English 0 ' t).,CV V 3"� Sr Gardens JJ Park 04 > t�� Ste m . E-- SW 333 ,f3 ST 41 0 CT a_ `�` ° SW 334 U s\N 333 34 ST CT 7 ( L `�4 SW 335 Qv .. 6� k9T J3,6 �� DA) a. SW ,� a 335 C �n ST 7CT (1) S1N 1 . 1,10 S ,. ' N, Saghalie v qP Park ��A ,-'' � SV\I Map Date: 8/2015. This map is accompanied by NO warranties. a 0 250 500 Feet The streets that comprise this schedule are subject to change. N • COUNCIL MEETING DATE: September 15, 2015 ITEM#: 51 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 352nd Street Extension Project from Enchanted Parkway South to Pacific Highway South— 100% Design Status Report and Authorization to Bid. POLICY QUESTION: Should the Council authorize staff to proceed with the bidding of the S 352nd Street Extension Project from Enchanted Parkway South to Pacific Highway South and return to the LUTC and Council for bid award, further reports and authorization. COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 8,2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulkey, Street Systems Manager 7>Lt -1 DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated September 8,2015 Options Considered: 1. Authorize staff to bid the S 352nd Street Extension Project from Enchanted Parkway South to Pacific Highway South and return to the LUTC and Council for bid award,further reports and authorization. 2. Do not authorize staff to proceed with finalizing the present design and bidding the project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the September 15,2015 Council Consent Agenda for pproval. MAYOR APPROVAL:4/4 ttZiJ K+!I DIRECTOR APPROVAL: �* commi t 771 " r itial/Date iitialtDate nitia ..Pate CHIEF OF STAFF: ,C) :IL,1,/ A WAAr Commi ee cil Initial/Date i ,tr'/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 15, 2015 consent agenda for approval. fre . eji) W r4 Bob'Celski, Chair Kelly Maloney, Memb 4,is Assefa I .wson,Member PROPOSED COUNCIL MOTION: "I move to authorize staff to bid the S 352nd Street Extension Project from Enchanted Parkway South to Pacific Highway South and return to the LUTC and Council for bid award,further reports and authorization." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# DENIED er reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED— 1/2015 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: September 8, 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 5 t'"' SUBJECT: S 352nd Street Extension Project from Enchanted Parkway South to Pacific Highway South - 100%Design Status Report and Authorization to Bid BACKGROUND: This project consists of the extension of S 352nd Street from Enchanted Parkway South (State Route 161) to Pacific Highway South(State Route 99). This extension includes a three-lane cross-section with a two-way left turn lane and bike lanes. A new traffic signal is planned at the intersection of S 352nd Street and Pacific Highway South. Widening of the west leg of the intersection of S 352nd Street and Enchanted Parkway South is planned to accommodate a new right-turn only lane. Other improvements include curb, gutter and sidewalk, planter strips between the curb and sidewalk, utility undergrounding and illumination. Currently, the project design is 100%complete the only ongoing Task is finalizing the Right-of-Way Acquisition on the last remaining parcel. PROJECT ESTIMATED EXPENDITURES: Design $550,000 Right-of-Way Acquisition $300,000 Utility Relocation $100,000 Intergovernmental Service(WSDOT& $60,000 King County) 2015 Construction Cost $4,520,000 10%Construction Contingency $452,000 Construction Management $565,000 TOTAL PROJECT COSTS $6,547,000 AVAILABLE FUNDING: Mitigation Fee $25,300 TIB Funding $4,000,000 Budgeted City Funds in 2016 $2,000,000 Budgeted City Funds in 2008 500,000 Lakehaven Utility District 27,100 TOTAL AVAILABLE BUDGET $6,552,400 cc: Project File Day File COUNCIL MEETING DATE: September 15, 2015 ITEM#: • CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2015 Manhole/Catchbasin Rebuild Project—Rejection of Quotes POLICY QUESTION: Should the Council award the 2015 Manhole/Catchbasin Rebuild Project to the lowest responsive,responsible proposer? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 8,2015 CATEGORY: • ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:Theresa Thurlow, P.E., SWM Manager ' ' DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated September 8,2015. Options Considered: 1. Reject all quotes for the 2015 Manhole/Catchbasin Rebuild Project and direct staff to complete the project through SWM maintenance staff. 2. Reject all quotes for the 2015 Manhole/Catchbasin Rebuild Project and direct staff to reissue Request for Quotes for the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the September 15, 2015 City Council Consent Agenda for approval. L MAYOR APPROVALSOJ.4n "4 ,C�i,�� ., 0.4 DIRECTOR APPROVAL: wry' 41 ,'.fTer- ♦.0 G =mince CHIEF OF STAFF: Q. ommittee Counci/p COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the September 15, 2015 City Council consent agenda for approval. I ei 0-40 P •b -is's—air Kell j alone ,Member , is Assef.-ft:wson,Member PROPOSED COUNCIL MOTION: "I move to authorize staff to reject all quotes for the 2015 I anhole/Catchbasin Rebuild Project and direct staff to complete the project through SWM maintenance staff' (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading _ ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: September 8, 2015 TO: Land Use and Transportation Committee VIA: Jim Farrell,Mayor FROM• Marwan Salloum, P.E., Public Works Director x,13" Theresa Thurlow,P.E., SWM Manager-� SUBJECT: 2015 Manhole/Catchbasin Rebuild Project—Rejection of Quotes BACKGROUND: One quote was received and opened on August 20, 2015 for the 2015 Manhole/Catchbasin Rebuild Project.Please see attached Quote Tabulation Summary. The lowest responsive, responsible proposer is AA Asphalting LLC, with a total quote of$96,594.00. Due to the fact that only one quote was received and the lowest responsive quote was 150% above the engineer's estimate, staff is recommending rejection of the quote and completing the work through SWM maintenance staff. AVAILABLE FUNDING: The available budget for the 2015 Manhole/Catchbasin Rebuild Project is$45,000. ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project costs based on the low quote: Construction Cost(Low quote) $96,594.00 10%Construction Contingency $9,659.40 TOTAL PROJECT COSTS $106,253.40 Staff recommends rejecting all quotes for the 2015 Manhole/Catchbasin Rebuild Project and completing the work through SWM maintenance staff. k:\lutc\2015\09-08-15 2015 mhcb rebuild-rejection of quotes.doc co v A �.wa Q I- y# ,;' a 4,. I D et O O D : 0) C '- s; 0) 0) " y. • 7 — fi �, w O 0 . d Q r Q) 0_ ks b r L) ,. d .O O a n "0 O X N co .Q -6-, a- y cp O) s y O C O O � a . < F ' Q c G t- -- V 0 ;f O m Z w cOO O .n in m r V 2 al O N U O O t v C f3 , 0 z COUNCIL MEETING DATE: September 15, 2015 ITEM#: 5k________ _______ _ _ _ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:King County Flood Control District Sub-Regional Opportunity Fund—Authorization for Submission POLICY QUESTION: Should the Council authorize staff to submit an application for the King County Flood Control District Sub-Regional Opportunity Fund to fund a portion of the Marine Hills Conveyance System Repairs Project? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 8,2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:Theresa Thurlow,P.E. SWM Manager DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated September 8,2015. Options Considered: 1. Authorize staff to submit an application for the King County Flood Control District Sub-Regional Opportunity Fund to fund a portion of the Marine Hills Conveyance System Repairs Project. 2. Do not submit an application for King County Flood Control District Sub-Regional Opportunity Fund. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the September 15, 2015 City Council Consent Agenda for ap.ro . MAYOR APPROVALO,LA►f1,/t'vy/ „/, Ai oil/ DIRECTOR APPROVAL: _r,�� o a.'17 Ai% !.. j, ∎.i ∎i ttee CHIEF OF STAFF: �, �/� tj ittee Counc' COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the September 15, 2015 City Council consent agenda for approval. I/I • (41 rig B.b Cels 1,Chair Kel / aloney,Member - Ly: Assefa-i s. ,Member PROPOSED COUNCIL MOTION: "I move to authorize staff to submit an application for King Co my Flood Control District Sub-Regional Opportunity Fund to fund a portion of the Marine Hills Conveyance System Repairs Project” (BELOW TO BE COMPLETED BY CITY CLERICS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE II REVISED—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: September 8,2015 TO: Land Use and Transportation Committee VIA: Jim Farrell,Mayor Marwan Salloum, P.E., Public Works Director r! FROM: Theresa Thurlow, P.E., SWM Manager '' SUBJECT: King County Flood Control District Sub-Regional Opportunity Fund—Authorization for Submission BACKGROUND: The King County Flood Control District (KCFCD) has allocated a portion of the Flood District's levy proceeds for a Sub-Regional Opportunity Fund. This fund is made available to jurisdictions throughout the KCFCD on a proportional basis, based on assessed valuation. Eligible activities include flood control and stormwater improvements, as well as watershed management activities such as habitat conservation. Currently there is approximately $532,157 in the allocation for City of Federal Way. Staff recommends submitting an application for this funding to fund a portion of the Marine Hills Conveyance System Repairs Project, which is one of the SWM 304CIP projects. The Marine Hills subdivision was the first target area of Surface Water Management's conditional asset video inspection program. Video inspections to date have identified several failing or substandard storm drain pipes and structures. Marine Hills Conveyance System Repair Project is a proactive repair program to maintain the City's conveyance assets, protect roadways and ensure resident safety. This project includes analyzing the existing system, designing of the repair or replacement projects, and CIP construction. This project was initially broken down into two phases to reduce the project size. Phase I is the northern part of the Marine Hills subdivision which is located on the north side of S 293`d Street, while phase II is the southern part of the Marine Hills subdivision located on the south side of S 293rd Street. The planning level cost estimate for phase I is $971,535 and is $814,375 for phase II, with a grand total of$1,785,910. k:\lutc\2015109-08-15 kcfcd opportunity fund-authorization for submission.docx COUNCIL MEETING DATE: September 15,2015 ITEM#: 51 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:RATIFICATION OF COUNTYWIDE PLANNING POLICY REGARDING SCHOOL SITING POLICY QUESTION: Should the City Council ratify the Countywide Planning Policy(CPP)adopted by the King County Council and attached as Exhibit C?This CPP requires the City to engage in a collaborative planning effort with the Federal Way School District to ensure that public school facilities are available to meet the needs of existing and projected residential development.The Planning Commission,at their September 2 meeting,has. recommended ratification of this CPP. COMMITTEE: LUTC MEETING DATE: September 8,2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY Isaac Conlen,Planning Manager DEPT: Community Development - Attachments: A) Staff report to LUTC B)Staff Report to Planning Commission; C) Cover letter from King County;D)Ordinance adopting new CPP(including attachments). Options Considered: 1. Recommend the Mayor send a letter in support of the new CPP to King County. 2. Recommend the City Council do nothing. 3. Recommend the City Council adopt a resolution opposing the new CPP. MAYOR'S RECOMMENDATION: Mayor recommends Option 1 —Recommend the Mayor send a letter in support of the new CPP to King Co ty., MAYOR APPROVAL: 0� $ q �IRECTOR APPROVAL: S / Comm' ee cii / Initial/Date / Initial gate / Initial ate CHIEF OF STAFF: ar Committe Comic Initi. e.e Initial 10 ate COMMITTEE RECOMMENDATION:I move to forward Option 1 to the September 15, 2015, City Council consent agend• or approval. I _�_ / LL //1' JJJki K ob Celski Maloney d"..- Lydia Assef -Committee Chair Committee Member ommittee mber PROPOSED COUNCIL MOTION: `I move approval of the Committee's recommendation" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# _ REVISED—1/2015 RESOLUTION# OJ�ppST,BU' <�'2 2v Federal Way cG u� �c J 0 7990_20" MEMORANDUM DATE: September 3,2015 TO: Land Use/Transportatio o ittee VIA: Jim Ferrell,Mayor , 9/3 /S FROM: Isaac Conlen,Planning Manager SUBJECT: Ratification of Countywide Planning Policy Regarding School Siting Background The city has received a request from King County to review and ratify an amendment to the Countywide Planning Policies (CPPs). On July 20, 2015,the Metropolitan King County Council adopted Ordinance 18084,which approved and ratified the amendment on behalf of unincorporated King County. As a reminder,the CPPs are a broad set of mutually agreed upon policies that are required by the Growth Management Act.The city's Comprehensive Plan must be consistent with the CPPs. The original CPPs were adopted in the early 90s. Periodic amendments or new policies are proposed as necessary to address regional issues. Amendments to the CPPs become effective when ratified by at least 30 percent of the city and county governments representing 70 percent of the population of King County. A city is deemed to have ratified the amendments if it either sends a letter in support of the amendments or does nothing.If a city opposes the amendments, it must take legislative action within 90 days of adoption by King County. The 90-day deadline for responding on this proposed amendment is October 31, 2015. Summary of Amendments to the CPPs Ordinance 18084 adopts and ratifies the following motion: Motion 15-1 PF-19A Plan, through a cooperative process between jurisdictions and school districts, that public school facilities are available, to meet the needs of existing and projected residential development consistent with adopted comprehensive plan policies and growth forecasts. Cooperatively work with each school district located within the jurisdiction's boundaries to evaluate the school district's ability to site school facilities necessary �_ fn zneetthe_schaol districCs idPaifiPd a udent_catpaci-tyrweds capacity and enrollment data and the growth forecasts and development data of each jurisdiction located within the school district's service boundaries. By January 2016 Ada Cle%rev,PA A Land Use/Transportation Committee Ratification of Countywide Planning Policy Regarding School Siting Page 2 September 3,2015 and every two years thereafter, determine if there is development capacity and the supporting infrastructure to site the needed school facilities. If not, cooperatively prepare a strategy to address the capacity shortfall. Potential strategies may include: • Shared public facilities such as play fields,parking areas and access drives. • School acquisition or lease of appropriate public lands. • Regulatory changes such as allowing schools to locate in additional zones or revised development standards. • School design standards that reduce land requirements(such as multi-story structures or reduced footprint)while still meeting programmatic needs. In 2017, and every two years thereafter, King County shall report to the GMPC on whether the goals of this policy are being met. The GMPC shall identify corrective actions as necessary to implement this policy. Discussion The new policy requires the city to work collaboratively with Federal Public Schools(FWPS)to plan for adequate capacity for new school facilities. If it is determined there are barriers to the siting of new school facilities the policy identifies some strategies to address the shortcoming. We are in the process of coordinating a meeting to discuss this issue with Federal Way Public Schools. The city's zoning code is inclusive when it comes to school siting—allowed in all zones except the Commercial Enterprise(CE)zone.For that reason,it is unlikely that our zoning provisions act as a barrier to siting of school facilities.That being said,the overall policy of working directly with the school district on their facility planning needs makes sense. The LUTC has three options: 1. Recommend the Mayor write a letter in support of the new CPP to King County,which would have the effect of ratification. 2. Recommend the City Council do nothing,which also is considered to be ratification. 3. Recommend the City Council adopt a resolution opposing the new CPP. Mayor Recommendation The Mayor recommends Option 1; write a letter in support of the amendment to King County. Planning Commission Recommendation At their September 2 meeting,the Planning Commission recommended Option 1;write a letter in support of the new CPP to King County. K:\Countywide Planning Polices\2015 CPPWs\2015 CPP Amendment LUTC Memo.doc v �pPST eo/�tic Federal Way °, MEMORANDUM • if Community Development Department 7990_20' Date: August 26,2015 To: Planning Commission From: Isaac Conlen,Planning Manager. Michael Morales,Director Subject: Ratification of Countywide Planning Policy Amendment I. BACKGROUND The city has received a request from King County to review and ratify an amendment to the Countywide Planning Policies(CPPs)(Exhibit 1).On July 20,2015,the Metropolitan King County Council adopted Ordinance 18084,which approved and ratified the amendment on behalf of unincorporated King County.Amendments to the CPPs become effective when ratified by at least 30 percent of the city and county governments representing 70 percent of the population of King County. A city is deemed to have ratified the amendments if it either sends a letter in support of the amendments or does nothing. If a city opposes the amendments, it must take legislative action within 90 days of adoption by King County.The 90-day deadline for responding on this proposed amendment is October 31,2015. II. SUMMARY OF AMENDMENTS TO THE CPPS Ordinance 18084 adopts and ratifies the following motion,approved by the Growth Management Planning Council(GMPC): Motion 15-1 (Approved April 22,2015) PF-19A Plan, through a cooperative process between jurisdictions and school districts, that public school facilities are available, to meet the needs of existing and projected residential development consistent with adopted comprehensive plan policies and growth forecasts Cooperatively work with each school district located within the jurisdiction's P Y J boundaries to evaluate the school district's ability to site school facilities necessary to meet the school district's identified student capacity needs. Use school district capacity and enrollment data and the growth forecasts and development data of each jurisdiction located within the school district's service boundaries. By January 2016 and every two years thereafter determine if there is development capacity and the supporting infrastructure to site the needed school facilities. If not, cooperatively prepare a strategy to address the capacity shortfall. Potential strategies may include: K:\Countywide Planning Policies\2015 CPPW's\School Amendment Page 1 of 2 • Shared public facilities such as play fields,parking areas and access drives • School acquisition or lease of appropriate public lands • Regulatory changes such as allowing schools to locate in additional zones or revised development standards • School design standards that reduce land requirements (such as multi-story structures or reduced footprint)while still meeting programmatic needs In 2017, and every two years thereafter, King County shall report to the GMPC on whether the goals of this policy are being met. The GMPC shall identib,corrective actions as necessary to implement this policy. III. DISCUSSION The amendment requires the city to work collaboratively with Federal Public Schools(FWPS)to plan for adequate capacity for new school facilities. We are in the process of coordinating a meeting to discuss this issue with FWPS.The city's zoning code is inclusive when it comes to school siting—allowed in all zones except the Commercial - Enterprise(CE).For that reason, it is unlikely that our zoning provisions act as a barrier to siting of school facilities. The overall policy of working directly with the school district on their facility planning needs makes sense. IV. PLANNING COMMISSION OPTIONS The Planning Commission has the following options: 1. Recommend the City Council do nothing. 2. Recommend the Mayor/City Council write a letter in support of the amendment. 3. Recommend the City Council adopt a resolution opposing the amendment. Options 1 and 2 are deemed to be ratification of the amendment and Option 3 is non-ratification. V. MAYOR RECOMMENDATION The Mayor recommends Option 2;write a letter in support of the amendment Attachments: CPP Ratification Letter King County Adopting Ordinance K:\Countywide Planning Policies\2015 CPPW's\School Amendment Page 2 of 2 King County August 2, 2015 The Honorable Jim Ferrell City of Federal Way 33325 8th Ave. South Federal Way, WA 98003 Dear Mayor Ferrell: We are pleased to forward for your consideration and ratification the enclosed amendment to the King County Countywide Planning Policies (CPP). On July 20, 2015, the Metropolitan King County Council approved and ratified the amendment on behalf of unincorporated King County. The ordinance will become effective Sunday, August 2, 2015. Copies of the transmittal letter, King County Council staff report, ordinance and Growth Management Planning Council motion are enclosed to assist you in your review of this amendment. In accordance with the CPP, G-1, amendments become effective when ratified by ordinance or resolution by at least 30 percent of the city and county governments representing 70 percent of the population of King County according to the interlocal agreement. A city will be deemed to have ratified the CPP and amendments unless, within 90 days of adoption by King County, the city takes legislative action to disapprove the amendments. Please note that the 90-day deadline for these amendments is Saturday, October 31, 2015. If you adopt any legislation concerning this action, please send a copy of the legislation by the close of business, Friday, October 30, 2015,to Anne Noris, Clerk of the Council, Room 1200, King County Courthouse, 516 Third Avenue, Seattle, WA 98104. If you have any questions about the amendments or ratification process, please contact--Karen-Wolf,Senior---Strategy-and--P- • • •• , • _ - e . - • . . KUINt"e4A- C Executive's Office, at 206 263-9649, or Christine Jensen, Metropolitan King County Council Staff, at 206 477-5702. Thank you for your prompt attention to this matter. Sincerely, Larry Phillips, Chair Dow Constantine Metropolitan King County Council King County Executive Enclosures cc: King County City Planning Directors Sound Cities Association Lauren Smith, Director, Regional Planning Karen Wolf, Senior Strategy and Performance Analyst Christine Jensen, Council Staff, Transportation, Environment and Economy Committee (TREE) KING COUNTY 12OO King County Courthouse 516 Third Avenue Seattle,WA 98104 Signature Report King Comity ' July 21, 2015 • Ordinance 18084 Proposed No.2015-0231.1 . Sponsors Detnbowski 1 AN ORDINANCE adopting and ratifying Growth Management Planning Council Motion 15-1. 3 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 4 SECTION 1. Findings: • 5 A. Growth Management Planning Council Motion 15-1 recommends that a new 6 policy be added to the 2012 King County Countywide Planning Policies to outline a 7 process for school.districts and jurisdictions.to work together to identify future school • 8 •sites with the Urban Growth Area.:. 9 B. On April 22, 2015,the Growth Management Planning Council 10 overwhelmingly adopted Motion 15-1, which recommends the 2012 King County 11 Countywide Planning Policies be amended to add new text and a new policy,Policy 19A. 12 SECTION 2: The amendment to the 2012 Ding County Countywide Planning 1 r.ent Ordinance 18084 • 13 Policies, as shown in Attachment A to this ordinance, is hereby adopted by King County 14 and ratified on behalf of the population of unincorporated King-County. 15 Ordinance 18084 was introduced on'6/22/2015 and passed by the Metropolitan King County Council on 7/20/2015, by the following vote: Yes: 5 -Mr. Phillips, Mr. Gossett, Mr.McDermott,Mr. Dembowski • • and Mr.Upthegrove No 4-Mr. von Reichbauer, Ms. Hague,Ms. Lambert and Mr. Dunn Excused: 0 KING COUNTY COUNCIL KIN C0410 WASH ■ TO Phillips, f .: ATTEST: Anne Noris,Clerk of the Council APPROVED this 21 day ofd✓L.."— 2015. ."25‘°\ %-imm"68"m"L Dow Constantine,County Executive Attachments:A.GMPC Motion No.'15.1 2 18084 12/17/14 ATTACHMENT A Sponsored By: Executive Committee 1 . 2 3 " GMPC MOTION NO 15-1 • 4 5 A MOTION amending the 2012 King County Countywide • • 6 . Planning Policies;outlining a'process:for junsdietionstworking 7 together to identify future school sites within the MA 8 9 WHEREAS the Growth Management Planning Council(GMPC)convened the 10 School Siting Task Force in201.1 to address;the issue of whether public school serving 11 primarily urban populations should be sited in rural areas and whether such facilities 12 should be served by sewers; and • 13 1 • 14 WHEREAS,the Task Force completed their work on March 31,2012,issuing a 15 ` • report and final recommendations to the King County Executive;and • 16 17 WHEREAS, as a result of the Work of the Task Force,two new policies were added 18 to the 2012 King County Countywide Planning Policies(CPPs)—PF-1 8 and PF-19;and 19 20 WHEREAS,the 2013 GMPC work program included an item to implement the 21 remainder of the Task Force recommendations,including:A"The Growth Management 22 Planning Council(GMPC)should identify policies and adopt a work program that 23 commits jurisdictions to working together to identfy future school sites within the UGA. 24 These policies shall direct jurisdictions to use zoning and other land use tools to ensure a 25 sufficient supply of land for siting schools";and 26 27 WHEREAS,at the May 21,2014 GMPC meeting, staff proposed a policy to 28 directly respond to the Task Force's direction. GMPC members reviewed the draft policy 29 and identified the need to more fully address the issues of breadth, coordination between. 30 jurisdictions and public school districts, and the workload impacts to the respective 31 jurisdictions and school districts. GMP.0 members also wanted to ensure that the proposed 32 policy fully addressed the,planning needs of the jurisdictions/school districts while being 33 sensitive to the impact of siting parameters and land use regulations on curriculum needs; 34 and 35 36 WHEREAS, to implement Task Force recommendation and address issues raised at 37 the May 21, 2014 GMPC meeting, a new policy,PF-19A is being proposed. 38 18084 • 39 NOW THEREFORE BE IT RESOLVED that the Growth Management Planning 40 Council of King County hereby recommends that the 2012 King County Countywide 41 Planning Policies be amended to add new policy PF-19A with preceding text,as follows: 42 43 Public school facilities to meet the needs of growing communities are an essential part 44 of the public infrastructure. Coordination between each jurisdiction's land use plan and 45 re. ations and their res•ective school district s facili needs are essential for 'ublic 46 school capacity needs to be met. The following policy applies countywide and requires 47 engagement between:each school district and each city that is served by the school 48 district. The policy also applies to King County as a jurisdiction for areas of • 49 unincorporated King County that are within a school district's service boundary. The 50 •olic 'ti.tes.a •eriodic .rocedure to identi . if there are individual school district 51 sitin l issues and if so a •rocess for the school district and-'urisdiction to coo•erativel 52 prepare strategies for resolving the issue. 0 53 - 54 PF-19A Pl, throu- a coo•-rative •rocess between'urisdictions and school 55 districts,that public school facilities are available,to meet.the.needs of existing and 56. projected residential development consistent with.adopted comprehensive plan 57 policies and growth forecasts. . 58 . Cooperatively work with each school district located within the jurisdiction's 59 boundaries to evaluate the school district's ability to site school facilities 60 necessary to meet the school district's identified student capacity needs. Use 61 school district capacity and enrollment data and the growth forecasts and 62 u development data of eachjunsdiction located within the school district's 63 service boundaries. By January 2016 and every two years thereafter, determine 64 if.there is development capacity and the supporting infrastructure to site the -65 needed school facilities, If not, cooperatively prepare a strategy to address the 66 capacity shortfall.Potential strat gies may include: 67 •: Shared public facilities such as play fields,parking areas and access 68 drives 69 • School acquisition or lease of appropriate public lands 70 • Regulatory changes such as allowing schools to locate in additional , 71 zones or revised development standards 72 • School design standards that reduce land requirements (such as multi- 73 • story structures or reduced footprint)while still meeting programmatic 74 needs 75 In 2017, and every two years thereafter,King County shall report to the GMPC 76 on whether the goals of this policy are being met. The GMPC shall identify 77 corrective actions as necessary to implement this policy. 78 79 80 -. 82 ----- � I' fle 83 Dow Constantine, Chair, Growth Management Planning Council King County • Metropolitan King County Council Transportation/ Economy and Environment Committee STAFF REPORT Agenda Item: 10 Name Christine Jensen Proposed No.: 2015-0231 Date: July 7, 2015 SUBJECT A proposed ordinance adopting and ratifying Growth Management Planning Council Motion 15-1, which recommends adding a new Countywide Planning Policy regarding planning for school facilities in King County. SUMMARY. Proposed Ordinance 2015-0231 would amend the King County Countywide Planning Policies (CPPs) to state that.public school facilities are essential in meeting the needs of growing communities and that it is_important to coordinate on land use and facility planning. A new CPP:would also be added,. PF-19A, which would require collaborative planning between school districts and_local-jurisdictions.regarding school facility needs.. This process would include consideration of cooperative strategies to address any facility capacity,and siting, shortfalls.. The policy would also require;:periodic review of whether the goals of the policy are being met, and calls for corrective actions should they be necessary., If adopted,all local jurisdictions, including King County, would be required to collaborate on land use and facility planning with the school district(s) within its boundaries. The County would also be required' report back to,the Growth Management Planning Council (GMPC) on behalf of the school districts and local jurisdictions , on the effectiveness of the cooperative process in meeting the policy goals. According to Executive staff, this coordinated planning and reporting would be achieved within existing County resources. BACKGROUND • The GMPC is a formal body comprised of elected officials from King County, Seattle, Bellevue, other cities and towns in King County, and special purpose districts. The GMPC was created in 1992 by interlocal agreement' in response to a provision in the Washington State Growth Management Act (GMA) requiring cities and counties to work •s - - • .• •• . . . 2 • : _ ` „ - - - . 1 Motion 8733 2 RCW 36.70A.210 local jurisdiction's comprehensive plan, which ensures countywide consistency with respect to land use planning efforts. As provided for in the interlocal agreement, the GMPC developed and recommended the original CPPs, which were adopted by the King County Council3 and ratified by the cities in 1992. Subsequent amendments to the CPPs follow the same adoption process, which is now outlined in CPP G-14 and includes: recommendation by the GMPC, adoption by the King County Council, and ratification by the cities. Amendments to the CPPs become effective when ratified by ordinance or resolution by at least 30 percent of the city and county governments representing at least 70 percent of the population of King County. A city shall be deemed to have ratified an amendment to the CPPs unless the city disapproves it by legislative action within 90 days of adoption by King County. ANALYSIS GMPC Motion 15-1 Proposed Ordinance 2015-0231 would adopt and ratify GMPC Motion 15-1, which recommends adding a new CPP regarding planning for school facilities in King County. If adopted, the CPPs would be amended to state that public school facilities are essential in meeting the needs of growing communities and that it is important to coordinate on land use and facility planning. A new policy would also be added, PF- 19A, which,would require collaborative planning` between school districts and local jurisdictions regarding school facility need's. This process Would include consideration of cooperative strategies5 to address any facility capacity and siting shortfalls. The policy would also require periodic review of whether the goals'of the policy are being met, and calls for corrective'actions should they'be necessary.` PF-19A is intended to facilitate implementation of school siting CPPs that were adopted in 2012,6 which were created as a result of recommendations from the GMPC's School Siting Task Force.' These 2012 policies, PF-18 and PF-19, prohibit schools serving primarily urban populations from being located in the rural area and generally require schools serving rural populations to be located in neighboring cities and rural`towns.8 The coordination called for in PF-19A was also a recommendation from the Task Force, and its proposed language was drafted in collaboration with representatives from the school districts,cities, and county: 3 Ordinance 10450 42012 King County Countywide Planning Policies, as amended: http://www.kingcounty.gov/property/permits/codes/growth/GM PC/CPPs.aspx b Including: shared•public facilities, school acquisition/lease of public lands, regulatory or development standard changes, design changes. 6 Ordinance 17486 'Created by the GMPC in 2011 to address the issue of whether public schools serving primarily urban Except for: community facilities and services dependent upon rural location and if their size and scale support rural character; and sites listed in 2012 School Siting Task Force Report: http://www.kingcounty.gov/—/media/exec/constantine/documents/2012/SchoolSitinqTaskForce/FinalDocu ments/FinalReportAndRecommendations If adopted, PF-19A would apply to the cities and school districts in King County, as well as the County itself as a local jurisdiction. As a result, the County would be required to coordinate land use and facility planning with the school districts that have populations within unincorporated areas of King County. Additionally, starting in 2017 and every two years thereafter, the County would be required to report back to the GMPC on behalf of the school districts and local jurisdictions on the effectiveness of the cooperative process in meeting the policy goals. Executive staff have noted that this increased workload for County staff would be able to be achieved within existing resources, which is reflected in the fiscal note attached to the legislation. GMPC action On April 22, 2015, the GMPC adopted Motion 15-1, which is a non-binding recommendation to the County Council to adopt PF-19A. Consistent with CPP adoption requirements, Proposed Ordinance 2015-0231 forwards this GMPC recommendation to the County Council for consideration and possible approval. If adopted by the Council, the ordinance would ratify the change on behalf of the population of unincorporated King County, and would begin the ratification process by the cities. There is no deadline for Council action on the proposed CPP amendment; however, both the school districts and the local jurisdictions are eager to begin implementation of the proposed policy given the time that has passed since adoption of the school siting policies in 2012. ATTACHMENTS • 1. Proposed Ordinance 201.5-0231 2. Transmittal Letter • 3. Fiscal Note 4. GMPC Staff Report dated April 22, 2015 • INVITED 1. Karen Wolf, Senior Policy Analyst, Office of Performance, Strategy and Budget a King County . R E C E I V E D Dow Constantine 2015 JUN t 0 PM 3: 49 8 0 4 King County Executive ` 401 Fifth Avenue, Suite 800 CL`h.u. Seattle, WA98104-1818 1Y3 ,3UuiTY C00!tCll. 206-263-9600 Fax 206-296-0194 • TTY Relay: 711 www.kingcounty.gov 2 3 June 3, 2015 The Honorable Larry Phillips Chair,King County Council Room 1200 COURTHOUSE Dear Councilmember Phillips; This letter transmits an ordinance that will enable King County to amend the King County Countywide Planning Policies (CPPs) to establish a plan for coordination between school districts and the jurisdictions within their boundaries, as recommended by the Growth Management Planning Council (GMPC). This ordinance transmits GMPC Motion 15-1 that was overwhelmingly approved by the GMPC on April 22, 2015. The ordinance adopts and ratifies the GMPC motion on behalf of - unincorporated King County. Motion 15-1 adds a new policy to the CPPs that is a direct response to a recommendation of the School Siting Task Force Report, which is included as an appendix to.the CPPs. The new policy states that public schools are an essential and integral part of public infrastructure that is needed to achieve successful growth management plans by all jurisdictions in King County. Further,this new policy sets up a plan to facilitate collaboration between the jurisdictions and the school districts, establishes guidelines for assessing school district capacity needs,and identifies strategies for resolving capacity issues should they be identified. This ordinance integrates the goals of the King County Strategic Plan by recognizing the role of land use planning in shaping environmentally sustainable and economically viable future for all people in King County. The County's role in the GMPC fosters the ethic of working together for"One King County" by actively participating in regional organizations and defining King County's role in regional issues. There are no fiscal impacts to King County government as a result of adoption of this ordinance. King County is an Equal Opportunity/Affirmative Action Employer *..�.pw and complies with the Americans with Disabilitites Act - The Honorable Larry Phillips June3,2015 Page 2 If you have any questions, please contact Lauren Smith, Deputy Director;for Regional Planning, Office,of Performance, Strategy and Budget, at 20-263-9606. Sincerely,. . wilC/t0 . Dow Constantine King County Executive. Enclosures cc: King County.Councilmembers ATTN: Carolyn Busch, Chief of Staff Anne Noris, Clerk of the Council Carrie S. Cihak, Chief of Policy Development,King County Executive Office Dwight Dively, Director, Office of Performance, Strategy and Budget(PSB) Lauren Smith, Deputy Director,Regional Planning,PSB • COUNCIL MEETING DATE: September 15,2015 ITEM#: 6a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REQUEST ADDITION OF A PROJECT TO THE SWM CAPITAL IMPROVEMENT PLAN ENTITLED: TOWN SQUARE PARK STORMWATER LOW IMPACT DEVELOPMENT(LID)OUTREACH PROJECT POLICY QUESTION: Should the Council approve the addition of a project to the SWM Capital Improvement Plan Entitled: Town Square Park Stormwater Low Impact Development(LID)Outreach Project COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 8,2015 CATEGORY: j Consent ❑ Ordinance ❑ Public Hearing igl City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Theresa Thurlow, P.E. SWM Manager DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated September 8, 2015 Options Considered: 1. Approve addition of a project to the SWM Capital Improvement Plan Entitled: Town Square Park Stormwater Low Impact Development(LID)Outreach Project 2. Do not approve addition of a project to the SWM Capital Improvement Plan Entitled: Town Square Park Stormwater Low Impact Development(LID)Outreach Project and provide direction to Staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the September 15,2015 City . Council Consent Agenda for approval. MAYOR APPROVAL: . yv5 ( 9/3hSDIRECTOR APPROVAL. Comouncil ittal/Date Initial Initial/Date CHIEF OF STAFF: Ukvif a if kit Li ,446 Corn■ tt- Coun ~ Initi /D.e Initial irate bws►ne.cs COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 15, 2015 eertscrtragenda for approval. OP ■ ell)" Committee Chair Cso mittee Member / Committ Member PROPOSED COUNCIL MOTION: "I move to approve the addition of a project to the SWM Capital Improvement Plan Entitled: Town Square Park Stormwater Low Impact Development(LID) Outreach Project. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1sT reading ❑ T T(ON__ _ Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: September 8, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM• Marwan Salloum, P.E., Public Works Director Theresa Thurlow, P.E., SWM Manager SUBJECT• Request addition of a project to the SWM Capital Improvement Plan entitled: Town • Square Park Stormwater Low Impact Development(LID) Outreach Project BACKGROUND: The redevelopment of Town Square Park offers a unique opportunity to provide an educational center that will deliver stormwater education and outreach to area schools, summer programs, special interest groups and the general public. The park is located at the headwaters of the Hylebos—the City's prime salmon bearing stream — and provides an upstream counterpart to the existing West Hylebos Wetlands Park and the proposed future West Hylebos Education Center and Trail. LID facility installations will include permeable pavers, vegetated roof(s), rainwater harvesting,a rain garden,and native plantings. Extensive signage and interactive activities will highlight all installation functions and their impact on surface water quality and quantity. The educational center will provide an opportunity for schools, summer programs, special interest groups, and the general public to interact with the changing face of stormwater management. Per attachment 1,this capital project is estimated to be $50,000 for consultant services and$350,000 in construction costs for a total project cost of$400,000. The projected operation and maintenance costs are projected to be$5,000/year beginning in 2016. Funding revenue source is identified as 2015 User Fee/Prior year funding, c:\users\shawnau\appdata\local\microsoft\windows\temporary internet files\content.outlook\awu4810n\09-08-15 request addition of a project to the swm capital improvement plan entitled town square park stormwater lid outreach project.docx City of Federal Way ' Capital Improvement Plan Surface Water Management System Project Name: Town Square Park Stormwater Low Impact Development(LID)Outreach Project • Project Number: 2 Project Account: 304-3100-XXX Project Description: Installation of Low Impact Development(LID)facilities at Town Square Park to provide an interpretive education and outreach center highlighting LID stormwater improvements compared to traditional development. The park is located at the headwaters of the Hylebos- the City's prime salmon bearing stream - and provides an upstream counterpart to the existing West Hylebos Wetlands Park and proposed future West Hylebos Educational Center and Trail. LID facility installations will include permeable pavers,vegetated roof(s), rainwater harvesting,a rain garden,and native plantings. Extensive signage and interactive activities will highlight all installation functions and their impact on surface water quality and quantity. The educational center will provide an opportunity for schools, summer • programs,special.interest groups,and the general public to interact with the changing face of stormwater management. The projected M&O impact on operating funds is$5K/year beginning in 2016. Prior Council Review/Approval: Projected Expenditures(61,000's) - L-T-D - CIP Funds-Expenses thru 2014 2015 2016 2017 2018 2019 2020 Total Property Acquisition - - - - - - - - Consultant Services - 50 - - - - 50 Construction - 350 - - - - 350 Inspection - - - - - - Construction Management - - - - - - - - Equipment Acquisition - - - - - - - - Contingencies - - - - -_ - Total CIP Expenses _$ - $ 400 $ $ - $ - $ - $ - $ 400 L-T-D refers to Life-to-Date,or total work complete on the project before the current budget year. Required Resources(61,000's) L-T-D CIP Funds-Resources thru 2014 2015 2016 2017 2018 2019 2020 Total User Fee(pay-as-you-go)/Prior year Funding - 400 - - - 400 Real Estate Excise Tax - - - - - - - - Fuel Tax-Path/Trail - - - - - - - - Utility Tax - • - - - - - - - General Fund - - - - - Grants/Contributions Received - - - - - - - Mitigation Funds Received - - - - - - - - Grants/Contributions Anticipated - - - - - - - - Mitigation Funds-Anticipated - - - - - - - - Misc./Transfers - - - - - - - - Unfunded Needs - - - - - - - Total CIP Resources $ - `$ 400 $ - $ - $ - $ - $ - $ 400 L-T-D "" Impact on Operating Funds thru 2014 2015 2016 2017 2018 2019 2020 Total Revenue Increase/(Decrease) - - - - - - - - Expenditure Increase/(Decrease) 5 5 5 5 5 25 Net Impact $ - $ 5 $ 5 $ 5 $ 5 $ 5 $ 25 COUNCIL MEETING DATE: September 15,2015 ITEM#: 6b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ANONYMOUS DONATION TO THE HISTORICAL SOCIETY POLICY QUESTION: Should the City Council authorize the Mayor to accept an anonymous donation of $10,000 in honor of Doug and Faye Clerget to benefit the Historical Society? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ►1 City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Wilson,Chief of Staff DEPT: Mayor's Office Recently, the Historical Society ("Society") requested $20,000 from the Lodging Tax Advisory Committee ("LTAC"). The Council authorized the LTAC allocation of$10,000 at the August 11, 2015 council meeting and asked that the item be sent back to the Finance, Economic Development and Regional Affairs Committee ("FEDRAC")to identify a funding source for the additional $10,000 that was requested by the Society. An anonymous donor has come forward with a $10,000 donation in lieu of the City locating an additional funding source within its budget. The donor asked to remain anonymous and wished to recognize the great work and community contributions of Doug and Faye Clerget along with the good work of the Historical Society. Options Considered: 1. Authorize the Mayor to accept the anonymous donation of$10,000 in honor of Doug and Faye Clerget to benefit the Historical Society. 2. Do not accept the anonymous donation of $10,000 and refer the matter back to FEDRAC to identify a funding source for the additional$10,000 requested by the Historical Society. MAYOR'S RECOMMENDATION: Option 1 q► MAYOR APPROVAL: N/A I 9 C DIRECTOR APPROVAL: N/A Committee Counc •7 Initial/Date Initial/Date Initi. A' 7 CHIEF OF STAFF: N/A 0/ Committee !run-CT Initial/Date 4.11 ial/Date COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to accept the anonymous donation of$10,000 for the benefit of the Historical Society in the name of Doug and Faye Clerget." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# COUNCIL MEETING DATE: September 15,2015 ITEM#: 6C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ALLOCATION OF FUNDS FOR COLLEGE/UNIVERSITY INITIATIVE NEEDS ASSESSMENT STUDY POLICY QUESTION: Should the City Council allocate up to$75,000 from Strategic Reserves for a college/university needs assessment study? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ■ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Wilson,Chief of Staff DEPT: Mayor's Office Recently, there has been an interest in Federal Way as the site for satellite campus for a major college or university. During discussions regarding the City's College/University Initiative, it has become apparent that in order to move forward with more in depth discussions regarding partnering with a college or university to provide a campus in Federal Way, a needs assessment will need to be completed. The Mayor is recommending that Council allocate up to $75,000 from Strategic Reserves for a needs assessment study to be conducted. Following allocation of such funds, the Mayor will enter into a Professional Services Agreement for the needs assessment study to be conducted. If approved,this funding allocation will be reflected in the 2015-16 mid-biennium budget adjustment. Options Considered: 1. Allocate up to$75,000 from Strategic Reserves for a college/university needs assessment study. 2. Do not allocate up to $75,000 from Strategic Reserves for a college/university needs assessment study. MAYOR'S RECOMMENDATION: Option 1 / MAYOR APPROVAL: N/A C I DIRECTOR APPROVAL: N/A Committee Co cil Initial/Date Initial/Date Initi. R/ CHIEF OF STAFF: N/A /Ad 4 Committee C- �cil Initial/Date In/al/Date COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to allocate up to $75,000 from Strategic Reserves for a college/university needs assessment study." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# COUNCIL MEETING DATE: September 15,2015 ITEM#: 6d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COUNCIL DISCUSSION ON CITY REBRANDING POLICY QUESTION: N/A 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: N/A Summary/Background: Per Council Rules of Procedure Section 3.2, this item was added for discussion purposes at the request of two Councilmembers. Options Considered: N/A MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: �� Committee Council WI Date Initial/Date Initial/Date CHIEF OF STAFF: N/A N/A Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—10/01/2014 RESOLUTION# COUNCIL MEETING DATE: September 15,2015 ITEM#: he CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPOINTMENTS TO THE LODGING TAX ADVISORY COMMITTEE POLICY QUESTION: Should the City Council re-appoint members to the City's Lodging Tax Advisory Board? 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: NM Summary/Background: The Lodging Tax Advisory Committee (LTAC) is comprised of a minimum of five- members who serve two-year terms. Members must represent businesses which are required to collect lodging tax or businesses authorized to be funded by lodging tax revenues(minimum of two each). Three positions will expire on October 31, 2015. All three members serving on the committee are seeking reappointment (Mike Dunwiddie, Richard Sang, and Ryan Miller). In accordance with the Council Rules of Procedure Section 19.10, the Council will not interview the applicants already serving on a Committee and may re-appoint members seeking additional terms. This term would run through October 31,2017. Options Considered: 1. Re-Appoint Mike Dunwiddie, Richard Song, and Ryan Miller as voting members of the Lodging Tax Advisory Board to a term expiring October 31,2017. 2. Direct the City Clerk to advertise for additional applicants to the Lodging Tax Advisory Committee. MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: IA Committee Council Initial/Date Initial/Date CHIEF OF STAFF: N/A N/A Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A PROPOSED COUNCIL MOTION: "I move the following appointment to the Lodging Tax Advisory Board... " (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# COUNCIL MEETING DATE: September 15,2015 ITEM#: 7a •__••_•••••_______••••.....•••••_•••••_••••••••••••••••••_••••••••••••••____•••••••••__ ....._.........____ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMENDMENT TO FWRC 6.35.030 RELATING TO PEDESTRIAN INTERFERENCE POLICY QUESTION: Should the City Council act to modify the distance from an ATM that is presumptively "intimidating"under FWRC 6.35.030(Pedestrian Interference)from 15 feet to 25 feet? COMMITTEE: PRHSPSC MEETING DATE: Sept 8,2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ryan an Call,Assistant City Attorney DEPT: Law Attachments: 1.Proposed ordinance Background: A citizen asked the City to consider increasing the distance from ATMs required to lawfully beg. 20 Washington cities were surveyed for comparison. 4 of them have laws regarding begging near ATMs. Puyallup prohibits begging from someone while they are using an ATM or"shortly after using."Spokane and Tacoma require a 15-foot buffer. Renton has the largest buffer requirement at 25 feet. Options Considered: (1)Adopt the proposed amendment to FWRC 6.35.030 to change the distance from an ATM that a person may beg from 15 feet to 25 feet. (2)Decline to adopt the ordinance as proposed. MAYOR'S RECOMMENDATION: Adopt the pro t osed ordinance. MAYOR APPROVAL: *15' i DIRECTOR APPROVAL: — ��Co Co,cil nitiaVDate Initial/Date Initial/Date CHIEF OF STAFF: ,(,,(Jji�. a tv. Id 0 Corn i e Corn, Ini. I/Date Initi. ti ate COMMITTEE RECOMMENDATION: "I move to forward the proposed ordinance for First Reading on September 15, 2015." /d ---2 ittei4t... .•, / fr VI i Committee Chair Committee Member Committee M ber PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE(SEPT 15): "I move to forward approval of the ordinance to the October 6, 2015 Council Meeting for enactment." 2ND READING OF ORDINANCE(OCT.6): "I move approval of the proposed ordinance.- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: -kill ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to interference with pedestrian and vehicular traffic; amending FWRC 6.35.030. (Amending Ordinance Nos. 15-784, 11-697, 08-576, 05-509,94-214, and 91-89.) WHEREAS, begging in a manner that intimidates citizens or interferes with the safe and free travel of pedestrian and vehicular traffic remains an issue of concern in the City of Federal Way; and WHEREAS, FWRC 6.35.030 has been updated from time to time to remain consistent with current case law as it has evolved; and WHEREAS, the City Council of Federal Way finds it is in the best interests of the citizens to update FWRC 6.35.030 to increase the distance from an ATM that one may beg; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 6.35.030 is hereby amended to read as follows: 6.35.030 Pedestrian interference. (1) The following definitions apply to this section: (a) "Aggressively beg"means to beg with the intent to intimidate another person into giving money or goods. (b) "Beg"means to ask for money or goods as a charity,whether by words, bodily gestures, signs, or other means. (c)"Obstruct pedestrian or vehicular traffic"means: (i)Walking, standing, sitting, lying, or placing an object in such a manner as to block passage by another person or a vehicle that requires a pedestrian or vehicle operator to take evasive action to avoid contact; or Ordinance No. 15- Page 1 of 4 Rev 1/10 (ii)Loitering on the roadway or on a median between lanes of travel in order to beg from the occupants of vehicles traveling on the roadway. (d)"Roadway"has the meaning given that term in RCW 46.04.500 as currently adopted or as it may be amended in the future. (e)"Intimidate"means to engage in words or conduct which would likely make a reasonable person fearful or feel compelled to give money to a person. Evidence of intimidation includes,but is not limited to: (i)Persisting in soliciting after a refusal; (ii)Following or approaching a person after the person has refused; (iii)Using violent or threatening gestures while begging; (iv)Using profane, offensive, or abusive language that is likely to intimidate or provoke a violent reaction from a reasonable person; (v)Intentionally touching or causing physical contact with another person without that person's consent while begging; or (vi)Begging within 4-5 25 feet of an automated teller machine (ATM). (f)"Public place"means an area generally visible to public view and includes alleys, bridges,buildings, driveways,parking lots,parks,plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (2)A person is guilty of pedestrian interference if, in a public place,he or she intentionally: (a)Aggressively begs; or (b) Obstructs pedestrian or vehicular traffic. (3)A person violating this section is guilty of a misdemeanor. 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 Ordinance No. 15- Page 2 of 4 Rev 1/10 this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. 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: Ordinance No. 15- Page 3 of 4 Rev 1/10 CITY ATTORNEY,AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 15- Page 4 of 4 Rev 1/10 COUNCIL MEETING DATE: September 1,2015 ITEM#: 71) ................................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:New Cingular Wireless Franchise Ordinance POLICY QUESTION: Should the City grant New Cingular Wireless PCS, LLC. a Franchise Ordinance to place wireless transmitting facilities and related appurtenances within and through the City of Federal Way? COMMITTEE: Finance,Economic Development and Regional Affairs Committee MEETING DATE: August 25,2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:John Mulkey,P.E., Street Systems Manager/6144' DEPT: Public Works Attachments: 1. Finance, Economic Development and Regional Affairs Committee memorandum dated August 25,2015. 2. New Cingular Wireless Franchise Ordinance Options Considered: 1. Approve the Ordinance and forward to the September 1, 2015 City Council meeting for first reading. 2. Modify the Ordinance and forward to the September 1,2015 City Council meeting for first reading. 3. Reject the Ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the September 1,2015 City Council Consent Agenda for appro 1. MAYOR APPROVAL: /�'t i IRECTOR APPROVAL: Commi ee / ou 11 ��S o ee .�1 v� ti ' CHIEF OF STAFF: //� ji�'� Committee Council I COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the September"fir 2015 City Council consent agenda fora oval. e'raj- Mfjik IL .. ,_ AL -; 1!"' o - ,/ rg- m1�( coasL Dini Duc os,Chair Bob'Celski,Member Martin A.Moore,Member PROPOSED COUNCIL MOTION: 1ST READING OF ORDINANCE(09/01/2015): "I move to forward the ordinance to a second reading for enactment on the September 22, 2015 Council agenda." 2ND READING OF ORDINANCE (09/1972015): "I move approval of the New Cingular Wireless PCS, LLC. Franchise ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ,• i ❑ DENIED 1sT reading --i ' I i ❑ TABLED/DEFERRED/NO ACTION Enactment reading IMOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: August 25,2015 TO: Finance, Economic Development and Regional Affairs Committee VIA: Jim Ferrell,Mayor FROM: Marwan Salloum,P.E.,Public Works Director John Mulkey,P.E. Interim Street System Manager-5v'r" SUBJECT: New Cingular Wireless PCS, LLC -Franchise Ordinance BACKGROUND New Cingular Wireless PCS, LLC has requested a franchise from the City of Federal Way, in order to place wireless transmitting facilities and related appurtenances in the City owned or controlled rights-of-way. See attached copy of the proposed franchise ordinance. The term of this Franchise is for a period of ten (10) years commencing on the effective date of this Franchise consistent with franchises the City has granted to other utility provider. New Cingular Wireless PCS, LLC agrees to pay a fee or a charge in the amount of$1,000.00 to recover the actual reasonable administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. New Cingular Wireless PCS, LLC will maintain insurance of$5 Million combined single limit for commercial general liability and $5 Million for automobile insurance. The franchisee may self-insure against such risks in such amounts consistent with good utility practices. The proposed franchise requires New Cingular Wireless PCS, LLC to post a bond for $100,000. Additional bonding may be required as a condition of the right of way permit before commencing any work within the City to guarantee performance of construction, maintenance or repair in accordance with any permits required by this Franchise. cc: Project File Day File ORDINANCE NO. AN ORDINANCE of the city council of the City of Federal Way, Washington, granting New Cingular Wireless PCS, LLC, a Delaware limited liability company,a nonexclusive franchise to occupy rights-of- way of the City of Federal Way, Washington, within the specified franchise area for the purposes of installation, operation, maintenance and repair of its wireless communications fixtures and related equipment, cables, accessories and improvements in a portion of the rights-of-way within and through the City of Federal Way. WHEREAS, New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, " franchise from the City of Federal Way, order to place wireless Franchisee has requested a chase y y, p � ) q transmitting facilities and related appurtenances in the City owned or controlled rights-of-way;and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a franchise, which will specify the rights and duties of Franchisee; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets,bridges or other public ways for,inter alia,conduits,wires, and appurtenances for transmission of signals and other methods of communications; and WHEREAS,in granting such a nonexclusive franchise agreement,the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions Where used in this Franchise the following terms shall be defined as follows: 1.1 "City"means the City of Federal Way,a yWashin Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. Ordinance No. 15- Page 1 of 38 Rev 1/15 1.2 "Council"means the City of Federal Way Council acting in its official capacity. 1.3 "Director"means the Public Works Director,or designee,of the City of Federal Way Public Works Department. 1.4 "Facilities"means: Franchisee's equipment to be located within the public right-of- way as follows: (i) wireless communications facilities, including, but not limited to, electronic equipment,radio transmitting and receiving apparatus,and supporting equipment to be located on a pole on a certain public right of way,base station transmitting cabinets,radio frequency antennas and locating antennas,(ii)underground fiber optic telecommunication lines or similar lines,and(iii)any appurtenances necessary to connect the lines or similar lines to the existing switched telephone network all as shown on Exhibit A. 1.5 "FWRC"means the Federal Way Revised Code. 1.6 "Franchise Area"means only that portion of the City owned or controlled rights-of- way located in the City of Federal Way and shown in Exhibit A attached hereto(excluding privately owned property),and/or any other areas approved by the Federal Way City Council and incorporated into this Ordinance via amendment. 1.7 "Franchisee"means New Cingular Wireless PCS,LLC,a Delaware limited liability company, and its respective successors and assigns if consented to by the City of Federal Way as provided in Section 27.3 herein. Section 2. Grant/Acceptance 2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing,excavating,installing,maintaining,restoring,upgrading,and repairing Facilities within the Franchise Area("Franchise").This Franchise is specifically limited to Ordinance No. 15- Page 2 of 38 Rev 1/15 the right for Franchisee to install Facilities owned and operated by Franchisee.This Franchise does not permit Franchisee to lease,rent,or otherwise allow use of conduits, space or capacity provided by the Facilities for or to cable and other third-party cable or telecommunications providers, and Franchisee covenants and agrees that it will not do so. 2.2 Acceptance by Franchisee.Franchisee shall have no rights under this Franchise,nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. Section 3. Non-Franchise Area City Property This Franchise does not and shall not convey any right to Franchisee to install its Facilities on,under,over,across,or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City-owned or leased property within the Franchise Area other than public roads, streets, avenues, alleys, and highways.Additionally,this Franchise does not convey any right to Franchisee to install its Facilities on, under, over, across private property or any other governmental authorities' property or on any other person or entity's poles or apparatus, and Franchisee is responsible for obtaining any authorizations, agreements or consents from private property owners, and other governmental authorities and any other persons or entities. Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period of ten(10)years commencing on the effective date of this Franchise, unless terminated earlier pursuant to this Franchise or other applicable law. Notwithstanding the foregoing, Franchisee may terminate this Franchise, and remove its facilities, at any time upon at Ordinance No. 15- Page 3 of 38 Rev 1/15 least 90-days' written notice to the City. Section 5. Location of Facilities 5.1 Location. In addition to the other requirements of this Franchise, Franchisee shall submit to the City an"as-built"plan for each Facility, including any underground portion(s)of the Facility and appurtenances,their depths below surface of ground or grade of a right-of-way,and any related existing equipment(such as cellular or personal communication service antennae)to which the Facility is connected,within thirty(30)days of the installation of the each Facility.Any fiber line or conduit permitted by this Franchise which runs from a pole in the right-of-way to an equipment shed or building on private property shall be installed underground.Upon written request of the City, Franchisee shall update such"as-built"plan to reflect actual or anticipated improvements to any of the Franchisee's Facilities.Any such map(or update thereof)so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. 5.2 GIS Data.At such time as Franchisee develops or employs Geographic Information System ("GIS") technology, Franchisee shall submit the information required in Subsection 5.1 above in digital GIS format, showing the location of its Facilities within the Franchise Area. 5.3 Design Markings. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall at the City of Federal Way's reasonable request, provide the location of Franchisee's Facilities within the Franchise Area by either field markings or by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance to the City. 5.4 Utilities. Nothing herein is intended to relieve the parties of their respective obligations arising under Chapter 19.122 RCW or other applicable law with respect to determining Ordinance No. 15- Page 4 of 38 Rev 1/15 the location of utility facilities prior to construction. Section 6. Noninterference of Facilities Franchisee agrees to maintain its Facilities and perform any and all activities authorized by this Franchise: (1) so as not to unreasonably interfere with the free passage of traffic; (2) in accordance with the laws of the State of Washington and City Code requirements, Franchise provisions,regulations,resolutions,rules,and publicly available policies of general applicability as now existing or as hereafter amended; and (3) as required by the Director in accordance with the foregoing or given public health, safety and welfare. This requirement applies whether the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Section 7. Requirement to Obtain Permits 7.1 Permits and Permit Applications. Franchisee shall,at its expense,obtain all permits,including rights-of-way permits,and pay all permit fees required by applicable City ordinances, regulations, resolutions publicly available polices, and rules prior to commencing any work within the Franchise Area. Franchisee permit applications shall show the position and location of the proposed facilities to be constructed, laid, installed, or erected at that time, show their relative position to existing rights-of-way or property lines upon prints drawn to scale,designate rights-of-way by their names and improvements,such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the ground to be occupied, or as otherwise reasonable required by the Director. The Franchisee shall specify the class and type of materials to be used, equipment to be used, and method of safeguarding and facilitating the public traffic during construction. Materials Ordinance No. 15- Page 5 of 38 Rev 1/15 and equipment shall be in new or like-new condition for its type and kind.The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWRC and be reasonably satisfactory to the Director.All traffic control shall be in accordance with the right-of-way permit,and shall be in accordance with the Manual on Uniform Traffic Control Devices(MUTCD). The Franchisee shall indicate on any permit application the time needed to complete the work. The time needed to complete the work is subject to approval by the City,which shall not be unreasonably withheld,as a condition of the issuance of the permit or approval. 7.2 Emergency Exception to Permit Requirement. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the property, life, health or safety of any individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as: (1) Franchisee informs the City of the nature and extent of the emergency,and the work to be performed,prior to commencing the work;and(2)such permit is obtained by Franchisee as soon as reasonably practicable following cessation of the emergency. Section 8. Standard of Performance The Franchisee shall not excavate for a distance of more than one hundred feet(100')without immediately backfilling and compacting to surface grade and City standards.Backfilled trench areas within a driving lane must be patched,either temporarily or permanently,before the end of the work day in which they have been opened.Trench areas within the right-of-way,but not with in a driving lane,must also be patched within the time limits specified by the City on the right-of-way use permit. Final surface restoration shall be completed within thirty(30) days and shall be equal to or better Ordinance No. 15- Page 6 of 38 Rev 1/15 than the surface condition prior to permit issuance. Any asphalt overlay completed within the Franchise Area during the five (5) year-period immediately prior to the date of permit application shall not be open cut by Franchisee unless required by an emergency and subject to the provisions of Subsection 7.2 above. Franchisee shall install new asphalt overlay on any street that is open cut,whether in an emergency or otherwise,for a minimum of one(1)block(approximately 500 feet)in length in both directions from the open cut, unless determined otherwise by the Director in accordance with FWRC regulations or Department of Public Works internal policies. Within forty-five(45)days of completion of any installation of Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional Engineer or surveyor licensed by the State of Washington, showing the "as-built" location of the Facilities. Section 9. Survey Markers and Monuments Franchisee shall,at its sole cost and expense,and using a licensed surveyor,timely replace or repair all markers or monuments displaced or damaged as a result of any work by Franchisee within • the Franchise Area. Section 10. Surface Markings/Stakes excavation work within the Franchise Area,Franchisee Prior to Franchisee commencing any exca , shall,using a licensed surveyor,reference all monuments and markers relating to subdivisions,plats, highways,and other surveys.The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this Franchise.The method of referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit, and as directed by the City.The Franchisee shall be responsible Ordinance No. 15- Page 7 of 38 Rev 1/15 for the cost of repairing or replacing monuments or other markers lost,destroyed,or disturbed,as a result of any work by Franchisee within the Franchise Area. A complete set of reference notes for monuments, markers and other ties shall be filed with the City. Section 11. Right of City to Complete Work In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations, publicly available policies, or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of thirty(30) days after Franchisee receives written notice from the City regarding the noncompliance,the City may,but in no event is the City obligated to,order any work completed,including without limitation Franchisee's obligation to repair pursuant to Section 13 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section 12 herein. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorney's fees, within sixty (60) days. However, the City shall not have any electrical work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical contractor. Section 12. Required Relocation of Facilities 12.1 City Reservation of Rights.The City reserves the right to use,occupy and enjoy all or any part of the Franchise Area, either above,below,or adjacent to the Facilities consistent with the terms and conditions of this Franchise. The rights reserved herein include, without limitation, the construction,installation,and/or maintenance of any electrical,water,sewer or storm drainage line, traffic signals, street lights,trees,landscaping,bicycle paths and lanes,equestrian trails, sidewalks, Ordinance No. 15- Page 8 of 38 Rev 1/15 other pedestrian amenities, and other public street improvement projects. This Franchise is not an exclusive Franchise and shall not be construed to in any manner prohibit the City from granting other and further Franchises in, under, over, upon, and along the Franchise Area, nor from exercising such other powers and authorities granted to the City by the Washington State Constitution and general law. Franchisee shall operate the Facilities in a manner that will not cause interference to the City, and other lessees,franchisees,or licensees of the Franchise Area whose use predates this Franchise. In addition, with respect to lessees, franchisees or licensees whose operations commence after installation of the Facilities hereunder,Franchisee shall not make any change in in its operations that causes or is intended to cause material interference with such lessees, franchisees or licensees. All operations by Franchisee shall be in compliance with all Federal Communications Commission ("FCC")regulations. Pursuant to FWRC Section 19.255.060 as it now exists or is hereafter amended,the City may issue permits for and enter into franchises and leases that allow location or collocation of other telecommunications facilities in the Franchise Area, and Franchisee consents to same, provided however, that the location or collocation must occur in compliance with said FWRC Section 19.255.060 as it now exists or is hereafter amended. In the event that any such location or collocation results in the interference with Franchisee's operations, and provided that Franchisee has substantially complied with the provisions of this Franchise, the City agrees to take reasonable steps to cause the interfering party to eliminate such interference,including,but not limited to,revoking the interfering party's permit(s)or approval(s).In case of interference between two or more wireless carriers,the City shall give priority to the wireless carrier who was first in time at the particular location where the interference is being experienced.In Ordinance No. 15- Page 9 of 38 Rev 1/15 the event that the interference is not eliminated within thirty (30) days of notice to City by Franchisee, Franchisee may terminate this Franchise immediately and pursue any and all remedies available to it against the interfering party. 12.2 City's Duties. The City may require Franchisee to relocate one or more of its Facilities in the Franchise Area when reasonably necessary for construction, alteration, repair or improvement of the right-of-way for purposes of public welfare, health or safety, (hereinafter collectively referred to as "Improvement Project"). In the even the City requires Franchisee to relocate one or more of its Facilities,the City shall: (a) Within a reasonable time,which shall be no less that one hundred eighty(180) days,prior to the commencement of the improvement project,provide the Franchisee with written notice requiring it to relocate its Facility. (b) In the event of an emergency posing a threat to public safety, health or welfare, or in the event of an emergency beyond the control of the City, the City shall give the Franchisee written notice to relocate as soon as practicable. The Franchisee shall relocate its Facilities within a reasonable time period specified by the Public Works Director, unless a court established a later date for completion, after a showing of the Franchisee that the relocation cannot be completed by the date specified using best efforts and meeting safety and service requirements. (c) Provide the Franchisee with copies of the plans and related information for the improvement project necessitating the relocation and shall identify reasonable alternative locations in the right-of-way for the Franchisee's Facilities. The City shall make a reasonable effort to process any permits required for a replacement Facility in a timely fashion to enable the Franchisee to construct a replacement Facility before the Franchisee is required to remove the original Facility. 12.3 Franchisee's Duties. Ordinance No. 15- Page 10 of 38 Rev 1/15 After receiving notice under Subsection 12.2(a)requiring relocation,and receipt of the plans and specifications pursuant to Subsection 12.2(c), Franchisee shall complete relocation of its Facilities so as to accommodate the improvement project at least ten (10) days prior to commencement of the improvement project, unless the City or a court establishes a later date for completion, after a showing of the Franchisee that the relocation cannot be completed by the date specified using best efforts and meeting safety and service requirements.The Franchisee may,after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation.The City shall evaluate such alternatives and advise the Franchisee in writing if one or more of the alternatives are suitable to accommodate the work which would otherwise necessitate relocation of the Facilities.The City shall give each alternative proposed by the Franchisee full and fair consideration, within a reasonable time, so as to allow for the relocation work to be performed in a timely manner. In the event the City ultimately determines, after due consideration,that there is no other reasonable alternative,the Franchisee shall relocate its Facilities as otherwise provided in this Section. Unless otherwise provided in RCW 35.99.060,the Franchisee shall complete relocation of its Facilities at its sole cost and expense and at no charge, cost, or expense to the City. The provisions of this Section shall in no manner preclude or restrict the Franchisee from making any arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City,where the Facilities to be constructed by said person or entity are not or will not become City-owned,operated or maintained Facilities;provided that such arrangements do not unreasonably delay a City improvement project. Section 13. Damage Repair In case of damage by the Franchisee, its agents or employees or by the Facilities of the Ordinance No. 15- Page 11 of 38 Rev 1/15 Franchisee to rights-of-way, or to public and private improvements in the rights-of-way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage, promptly notify the City. The City will inspect the damage and coordinate with the Franchisee to establish a schedule for repairing the damage.If the City discovers damage caused by the Franchisee to rights-of-way, or to public and private improvements in the rights-of-way, the City shall give the Franchisee notice of the damage and coordinate with the Franchisee to establish a schedule for repairing the damage. In the event the Franchisee does not repair a right-of-way or an improvement to a right-of-way as required in this section,the City may repair the damage pursuant to Section 11 of this Agreement. Section 14. Default 14.1 Notice of Default.In addition to other remedies set forth herein,if Franchisee fails to comply with any of the provisions of this Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have thirty(30)days from the receipt of such notice in which to comply. 14.2 Revocation of Franchise. If Franchisee has not cured the default within thirty (30) days of receiving notice from the City of such default, or if such default is not curable within thirty (30) days, if the Franchisee fails to commence such cure within thirty(30) days or fails thereafter diligently to pursue such cure to completion, the City may, by resolution, declare the franchise immediately revoked. Section 15. Limited Rights This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. Ordinance No. 15- Page 12 of 38 Rev 1/15 Section 16. Eminent Domain The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisee's Facilities within the Franchise Area for the fair market value thereof In determining the value of such Facilities,no value shall be attributed to the right to occupy the Franchise Area conferred by this Franchise. Section 17. Vacation If at any time the City,by ordinance,vacates all or any portion of the Franchise Area,the City will not be liable for any damages or loss to the Franchisee by reason of such vacation.The City shall notify Franchisee in writing not less than sixty(60) days before vacating all or any portion of the Franchise Area.The City may,after thirty sixty(60)days written notice to Franchisee,terminate this Franchise with respect to any such vacated area. Section 18. Compliance with Laws 18.1 General. Franchisee shall comply with all applicable federal, state and City laws, franchises,resolutions,regulations,publicly available standards and procedures,as now existing or hereafter amended or adopted, including without limitation the State Environmental Policy Act; provided,however,that if any term or condition of this Franchise and any term or condition of any City law, code, franchise, resolution, regulation, standard, procedure, permit or approval are in conflict,the term or condition of this Franchise will control. 18.2 Future City of Federal Way Regulation. Franchisee acknowledges that the City may develop generally applicable rules,regulations,ordinances and specifications for the use of the right- of-way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at Franchisee covenants and agrees to be bound b the time this Franchise was executed by the City and Fran gr by Y Y same,provided they do not conflict with state law. Ordinance No. 15- Page 13 of 38 Rev 1/15 Section 19. Guarantee Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of 10 years against settlement or repair. Section 20. Charge for Administrative Costs Franchisee agrees to pay a fee or a charge of One Thousand and No/100 Dollars($1,000.00) to recover the administrative expenses incurred by the City that are directly related to preparing and approving this Franchise.Nothing herein shall preclude the City from charging administrative fees or recovering any administrative costs incurred by the City in the approval of permits or in the supervision,inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the Federal Way Revised Code. Section 21. Indemnification Franchisee agrees to indemnify and hold harmless and defend the City,its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and liabilities(including costs and all attorney's fees)to or by any and all persons or entities,including, without limitation,their respective agents,licensees,or representatives,arising from,resulting from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, managers, members, agents, employees,or by the Franchisee's breach of any provisions of this Franchise;however,this section shall not be construed as requiring Franchisee to indemnify,hold harmless or defend the City against claims or damages arising from the negligence of the City, its agents, employees, independent contractors, officers, or volunteers. In the event any claim, demand, suit or action is commenced against the City that gives rise to Franchisee's obligation pursuant to this Section, the City shall promptly notify Franchisee thereof. Franchisee's selection of an attorney to defend any such claim, Ordinance No. 15- Page 14 of 38 Rev 1/15 demand, suit or action shall be subject to the City's approval, which shall not be unreasonably withheld.Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City, which shall not be unreasonably withheld. The City shall have the right at all times to participate through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend,hold harmless and indemnify the City to the maximum extent permitted thereunder,to the full extent of Franchisee's negligence. Section 22. Insurance 22.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following insurance,in such forms and with such carriers licensed to do business in the state of Washington as are satisfactory to the City. (a) Workers' compensation insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability, contractual coverage, operations, explosion, collapse, underground and property damage; (c) Automobile liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death and property damage; and (d) Employers liability insurance in an amount not less that $1,000,000. 22.2 Mandatory Insurance Provisions.The comprehensive general liability insurance and automobile liability insurance policies shall be endorsed to contain the following provisions: (a) The City, its officers, elected officials, employees, and volunteers are to be Ordinance No. 15- Page 15 of 38 Rev 1/15 named as additional insured; (b) Coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; Coverage shall not be suspended,canceled,modified or reduced except after thirty(30)days prior written notice to the City delivered by certified mail,return receipt requested; and Coverage shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance. 22.3 Verification of Coverage. Franchisee shall furnish the City with certificates of insurance and original endorsements evidencing the coverages required by this Section. The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. Section 23. Bond Before commencing work within the City, the Franchisee shall post a bond in the form attached as Exhibit B and in the amount of$100,000 to guarantee performance of the construction, performance,maintenance or repair in accordance with any permits required and with any provisions of this franchise. Procedures for submission and release of the bond shall be as provided in Chapter 19.25 FWRC or as otherwise provided in the FWRC.In the event that the Franchisee fails to perform as required herein or by any permits required,the City may perform the work as provided herein,and may have recourse to the bond in addition to or in lieu of the remedies provided herein,at the City's sole discretion.Franchisee shall be entitled to return of the bond,or portion thereof,as remains sixty (60) days after the expiration or termination of the Franchise, provided the City has not notified Franchisee of any actual or potential damages incurred as a result of Franchisee's operations pursuant Ordinance No. 15- Page 16 of 38 Rev 1/15 to the Franchise or as a result of default thereunder. Section 24. Removal of Facilities Upon the expiration,termination or revocation of the rights granted under this Franchise,the Franchisee shall remove all of its Facilities form the Franchise Area within 90 days of receiving notice from the Public Works Director to do so. Provided, however, that the City may permit the Facilities to be abandoned in place in such a manner as the City may prescribe. Upon permanent abandonment, the Facilities shall become property of the City. Section 25. Confidentiality Subject to the limits of Washington law, the City agrees to treat as confidential any records that constitute proprietary or confidential information under federal or state law, to the extent Franchisee makes the City aware of such confidentiality. Franchisee is responsible for clearly and conspicuously identifying the work confidential and proprietary. Franchisee will provide a brief written explanation as to why such information is confidential and how it may be treated as such under state or federal law. If the City receives a demand from any person for disclosure of any information designated by Franchisee as confidential,the City,consistent with applicable law,will advise Franchisee and provide Franchisee with a copy of any written request by the party demanding access to such information. If Franchisee believes that the disclosure of such documents by the City would interfere with Franchisee's rights under federal or state law,Franchisee will take appropriate legal action to prevent the disclosure by the City of such documents.Franchisee will join the person requesting the documents to such an action. Franchisee will defend, indemnify and hold the City harmless from any claim or judgment including any penalties or costs under Chapter 42.56 RCW. Section 26. Land Use Approvals/Regulations: The parties acknowledge that this Agreement sets forth the terms and conditions under with Ordinance No. 15- Page 17 of 38 Rev 1/15 the Franchisee may use and occupy the public right-of-way within the City. Nothing in this terms and conditions of any existing or Agreement is intended to or does modify or affect the to y g subsequently issued land use or construction permits or approvals (e.g., conditions use permit, variance, building permit, grading permit, electrical permit, etc.). All such land use and/or construction permits or approvals shall be governed by the applicable City ordinances, rules and regulations in effect at the time Franchisee submits a complete application for such permits and other approvals. Section 27. General Provisions 27.1 Entire Agreement. This Franchise contains all of the agreements of the City and Franchisee with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 27.2 Modification.No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the City and Franchisee. 27.3 Assignment. In addition to the requirements of Subsection 2.1, Franchisee shall not have the right to transfer or assign, in whole or in part, this Franchise without the prior written consent of the City, which will not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing,Franchisee shall have the right,without such notice or such written contest,to assign the Franchise,in whole or part,to any parent,subsidiary,or affiliated corporation, or to an entity with or into which the Franchisee may merge or consolidate,or to any entity resulting from the reorganization of the Franchisee or parent company, or to any purchaser of all or substantially all of the assets of the Franchisee,or as part of any corporate financing,reorganization, or refinancing, or to mortgage its rights, benefits and privileges in and under this Franchise to the Trustee for its bondholders. Any transferee or assignee shall, within thirty(30) days of the date of Ordinance No. 15- Page 18 of 38 Rev 1/15 any approved transfer or assignment, file written notice of the transfer or assignment with the City together with its written acceptance of all terms and conditions of this Franchise. 27.4 Attorney Fees. In the event the City or the Franchisee defaults on the performance of r any terms in the Franchise,and the Franchisee or the City places he e of o rcement of the Franchise or any part thereof or for the collection of any monies due,or to become due hereunder,in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington. 27.5 No Waiver.Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof,or delay in taking any action in connection therewith,shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time.Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 27.6 Governing Law. This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 27.7 Authority.Each individual or entity executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual or entity is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City,respectively. 27.8 Notices.Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: Ordinance No. 15- Page 19 of 38 Rev 1/15 Franchisee: City of Federal Way: New Cingular Wireless PCS, LLC City of Federal Way Attn: Network Real Estate Administration Attn: City Attorney 575 Morosgo Drive NE 33325 8th Avenue South Atlanta, GA 30324 Federal Way,WA 98003 With Copy to: New Cingular Wireless PCS, LLC Attn: Legal Department 208 S. Akard St. Dallas, TX 75202-4206 If any notice is specific to certain Franchisee Facilities, and not generally for all of the Facilities and Franchise Area,the notice should reference the specific Site Name(s)and Number(s) applicable, as shown on the respective site plan attached at Exhibit A, in the notice. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail,postage prepaid,to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three(3) days after the date of mailing. 27.9 Captions.The respective captions of the sections and subsections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 27.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. Section 28. Severability If any section, sentence, clause, or phrase of this Franchise 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 Ordinance No. 15- Page 20 of 38 Rev 1/15 Franchise. Section 29. Ratification Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. Section 30. Effective Date This Franchise shall take effect and be in full force thirty(30) days from the time of final passage, as provided by law, provided it has been duly accepted by Franchisee as herein provided above(see Effective Date below). 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 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Ordinance No. 15- Page 21 of 38 Rev 1/15 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted Franchise and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this day of , 2015. NEW CINGULAR WIRELESS PCS, LLC, a Delaware Limited Liability Company By: AT&T Mobility Corporation Its: Manager By: Its: Ordinance No. 15- Page 22 of 38 Rev 1/15 EXHIBIT A LOCATION OF FACILITIES WITHIN THE FRANCHISE AREA See Corresponding Pages SS40/Aquatic Center/650 SW Campus Drive pg 24-25 SS63 / Adelaide/ 1216 SW Dash Point Rd pg 26-27 SS65 / Dumas Bay/ 47th Ave SW and Dash Point Rd pg 28-29 SS66 / Federal Way Decatur/ 31031 21st Place SW pg 30-31 WA677 / Steel Lake/29859 16th Ave S pg 32-33 SS64/ Lakota/ SW Dash Point RD and 30th Ave SW pg 34-35 Ordinance No. 15- Page 23 of 38 Rev 1/15 832.p ¢:YS \ :Pi ii \ Q 1 tit \ 11 r i > \ i ; \ 11 II r ir ill 111 \ \ / \ \ x \ \\ \ \ { 1 i8 \\ <',4 , yQ \ a 2 \ ) :1 i \ 1;41 I \ _ ,e, 4 lig i a -,,,,, \ . / __-''.$ r I'', likil T07,--0\\ ' t Az i i„, 4\ 11 • 9j.\<_:___7vz / v U 1 --.. —mot — — / / \\p f i ! i,r f /- P '' r( 1 dim HA AQUATIC CENTER .�\ N c ' i 1 650 SW CAMPUS DRNE ' P 51j 1 J FEDERAL WAY,WA 98003 f�` Ordinance No. 15- Page 24 of 38 Rev 1/15 Y ./g 7: � • •I , IT 4 4 fl ' fl gl 'PI ;:1 i aill zig1 li I i 111 li a $ 10, $ C^ 1 bb R�, � yq�R P ' 110' iiiI1L! -9 <``` \\`` /1 ii ‘.4111:41aP4 P• NIl1 \ \\\ Ii14i ter1& ) s`s -14147')--#\%litit .p J 1p .7)"//).---)/---/ ))5, k■,\••410,.,` , s' 1r, ..4,.:N10 , ,, \ ,„,,, . . r,7, •, _,,,,, _„/ 0 ,A \ 1,Wp., -- _,,, 4,/ / z 1 `1 1irrit gi i pi p ill 8 � B� ,:,� � ' L�� 11 a T q 114 lih 4 iiiv: Fls 5!{ F '-� — •13 y V• ` V ; R�11 y ia 411X 1 11 .. � !�A ` I \\ \ . \,.... i b / i -� pa'' i, N. \\\ r h i° : r ili IIA r VI E 0 9 1� ! 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N -II 1 0 ' $ 51 fi€ , Ordinance No. 15- Page 35 of 38 Rev 1/15 EXHIBIT B CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We,the undersigned ,("Principal") and ,the undersigned corporation organized and existing under the laws of the State of and legally doing business in the State of Washington as a surety("Surety"),are held and firmly bound unto the City of Federal Way,a Washington municipal corporation,("City")in the penal sum of Dollars and No/100($ )for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns,jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated , 20_, for NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City,or within such extensions of time as may be granted under the Agreement,and shall pay all laborers,mechanics, subcontractors and material men or women,and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents,employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal,or any subcontractor in the performance of said work,and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement,or from defects appearing or developing in the material or workmanship provided or performed under the Agreement within a period of two(2) years after its final acceptance thereof by the City,then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety,for value received,hereby further stipulates and agrees that no change,extension of time,alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond,and it does hereby waive notice of any change,extension of time,alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Agreement without notice to Surety,and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Ordinance No. 15- Page 36 of 38 Rev 1/15 Within forty-five(45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement,the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or(c)in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead.The Surety shall then fulfill its obligations under this bond,according to the option it has elected. Should Surety elect option(a)to cure the default,the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option(b), then upon completion of the necessary work,the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option(c),the Parties shall first complete participation in mediation, described in the below paragraph,prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal,al the Parties agree to participate in at least four hours of Y p � �' P mediation in accordance with the mediation p rocedures of United States Arbitration and Mediation shall proportionately share in the cost of the mediation. The mediation ( USA&M ). The Parties sha p oportionate y shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation. DATED this day of , 20_. CORPORATE SEAL OF PRINCIPAL: [PRINCIPAL] By: (Name of Person Executing Bond) Its (Title) (Address) (Phone) Ordinance No. 15- Page 37 of 38 Rev 1/15 CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the(Assistant) Secretary of the Corporation named as Principal in the within bond;that ,who signed the said bond on behalf of the Principal,was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary or Assistant Secretary CORPORATE SEAL OF SURETY: Surety By: Attorney-in-Fact (Attach Power of Attorney) (Name of Person Executing Bond) (Address) (Phone) APPROVED AS TO FORM: Amy Jo Pearsall, City Attorney G:\LawForms\PerformanceMaintenanceBond Rev.01/15 Ordinance No. 15- Page 38 of 38 Rev 1/15 COUNCIL MEETING DATE: September 1,2015 ITEM#: 7c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Pacific Highway S HOV Lanes Phase V Project—Condemnation Ordinance POLICY QUESTION: Should the Council approve an ordinance that authorizes the City Attorney to commence legal proceedings to acquire the necessary properties for the Pacific Highway South HOV Lanes Phase V project by condemnation if the negotiation process fails and hold a Public Hearing? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ® Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:John Mulkey, Street Systems Manager DEPT: Public Works ..................................................................................................................... Attachments: Memorandum dated September 1,2015. Condemnation Ordinance Options Considered: 1. Approve to send the condemnation ordinance for the Pacific Highway South HOV Lanes Phase V project to the City Council Meeting on September 15, 2015 for the second reading. 2. Do not approve to send the condemnation ordinance for the Pacific Highway South HOV Lanes Phase V project to the City Council Meeting on September 15, 2015 for the second reading and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the September 15, 2015 City Council Ordinance Agenda for second reading. / MAYOR APPROVAL:div.4 fJ.JL U L4/. ' IRECTOR APPROVAL: 1IP _\ /4!" r� f, �( Initial/Date ial r: I) t'.t i ae CHIEF OF STAFF: 4. ia6/: y Mr ,al../(1 ittee Council /Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A Bob Celski, Chair Kelly Maloney,Member Lydia Assefa-Dawson,Member PROPOSED COUNCIL MOTION: 1ST READING OF ORDINANCE (SEPTEMBER 1, 2015): "I move to send the condemnation ordinance for the Pacific Highway South HOV Lanes Phase V project to the City Council Meeting on September 15, 2015 for the second reading." 2ND READING OF ORDINANCE (SEPTEMBER 15, 2015): "I move to approve the proposed Pacific Highway South HOV Lanes Phase V Condemnation Ordinance". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNC IL BILL# Q Q v U ❑ DENIED 1ST reading -0/'241 ❑ ABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# k:\council\agdbills\20I5\09-1-15 pacific highway s hov lanes phase v project-condemnation ordinance 2.docx CITY OF FEDERAL WAY MEMORANDUM DATE: September 1,2015 TO: City Council VIA: Jim Ferrell,Mayor FROM• Marwan Salloum,P.E., Public Works Director John Mulkey,P.E., Street Systems Manager atIM SUBJECT: Pacific Highway S HOV Lanes phase V Project—Condemnation Ordinance BACKGROUND Previously,the City Council authorized staff to acquire right-of-way for the Pacific Highway South HOV Lanes Phase V project for fair market value. The City previously enacted Ordinance No. 15-799 authorizing the acquisition of certain properties necessary for the construction of the Project through negotiation and condemnation proceedings. Ordinance No. 15-799 did not include all of the properties necessary for the construction of the Project because the City was hopeful it could conclude acquisition of these additional properties without resorting to condemnation proceedings. This ordinance expands the number of properties in which negotiations have not been completed successfully to include all remaining properties that have not signed or previously been submitted for condemnation proceedings. The ordinance authorizes the City Attorney to commence legal proceedings to acquire the necessary properties by condemnation if the negotiation process fails after a reasonable amount of time,in order to allow the project to proceed. ORDINANCE NO. AN ORDINANCE of the City of Federal Way,Washington,authorizing the acquisition of certain property for the purpose of constructing right- of-way improvements in the vicinity of Pacific Highway South from South 340th Street to South 359th Street, known as Pacific Highway South HOV Lanes Phase V Project; declaring the public use and necessity of such property; directing staff to exhaust reasonable negotiation efforts to purchase such property; authorizing the condemnation of the property; directing the City Attorney to initiate all necessary actions and proceedings in the manner provided by law for said condemnation if attempts to purchase are not successful; and declaring a statement of urgency. WHEREAS,the Pacific Highway South HOV Lanes Phase V Project("Project")from South 340th Street to South 359th Street is a roadway project included in the City's Six year Transportation Improvement Plan("TIP"); and WHEREAS, consistent with the TIP, the City has secured funding for the Project; and WHEREAS,prior to the commitment of construction grant funding,the City must acquire all right-of-way interests and construction easements necessary for construction of the Project,and must justly compensate affected property owners for the property rights and interests acquired; and WHEREAS, the City prefers to acquire the necessary right-of-way interests through active negotiations with the owners of said properties,time is of the essence and the City may not be able to acquire said interests by negotiation within the time limit mandated by project funding; and WHEREAS, there exists in the City of Federal Way certain portions of property legally described in Exhibit"A" of this ordinance that the City must acquire for project purposes; and WHEREAS,the City previously enacted Ordinance No. 15-799 authorizing the acquisition of certain properties necessary for the construction of the Project through negotiation and condemnation Ordinance No. 15- Page 1 of 44 Rev 1/15 proceedings; and WHEREAS, Ordinance No. 15-799 did not include all of the properties necessary for the construction of the Project because the City was hopeful it could conclude acquisition of these additional properties without resorting to condemnation proceedings; and WHEREAS,this ordinance expands the number of properties in which negotiations have not been completed successfully; and WHEREAS,the City Council finds that said properties are critical to the construction of the Project and that it is in the public interest to have these properties for public safety and transportation needs; and WHEREAS,completion of the Project will positively address the important public safety and transportation issues by alleviating traffic congestion and improving traffic flow in the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1.Notice.Pursuant to RCW 8.12.005 and RCW 8.25.290,notice of the consideration of this ordinance was properly issued by certified mail on August 19,2015 to all potentially affected property owners, and published in the proper legal newspaper on August 21 and August 28, 2015. Section 2. Public Necessity. The public health, safety, necessity, and convenience demand that right-of-way improvements be constructed and maintained in the City within the vicinity of State Route 99 (SR 99, known as Pacific Highway South)between South 340th Street and South 359th Street, and that certain real property, encumbrances, and/or easements upon property be acquired, condemned, appropriated, taken and/or damaged for the construction of said improvements as provided by this ordinance. Failure to construct such right-of-way improvements will cause traffic Ordinance No. 15- Page 2 of 44 Rev 1/15 counts to continue to exceed capacity within the corridor of SR 99 between South 340th Street and South 359th Street, create the potential for additional traffic accidents, and inhibit economic development within the City and the Commercial Enterprise Zone. Section 3.Public Use.The improvements demanded by public health,safety,necessity,and convenience consist of those improvements shown on the Right-of-Way Plans dated October 6, 2014,by KPG and on file with the City of Federal Way,to wit: the construction on each side of SR 99 to achieve two general purpose vehicle lanes,a high occupancy vehicle(HOV)lane,a center left hand turn lane, a center median, curb, gutter,planter strip, sidewalk, street lights, and a utility strip for relocated utility poles and/or underground utilities, together with all appurtenances and related work necessary to make a complete improvement in accordance with Figure III-3(a),Cross Section A of the City of Federal Way Comprehensive Plan and as amended by Council authorization on May 1, 2007,and other applicable City standards. Said improvements will be a part of right-of-way owned by the City of Federal Way and open for use by the general public,and therefore the use of property, encumbrances, and/or easements condemned herein for the construction of said improvements constitutes a public use. Section 4. Property Acquisition Authorized. The Mayor or designee is authorized and directed to negotiate and prepare such agreements as are customary and necessary for the acquisition of the real property interests described in Exhibit"A."The Mayor or designee is further authorized to settle any condemnation litigation or enter administrative settlements (a settlement in lieu of initiating condemnation litigation) for the acquisition of the real property interests described in Exhibit "A." Such settlements shall be made only upon the recommendation of legal counsel, for amounts deemed to be a reasonable estimation of fair market value. Ordinance No. 15- Page 3 of 44 Rev 1/15 Section 5. Condemned Property. The City Council of the City of Federal Way, after reviewing the planned improvements,hereby declares that the property, encumbrances, and/or easements located within the City of Federal Way, legally described and depicted in Exhibit"A" attached hereto and incorporated herein by this reference("Property"), shall be and hereby are condemned, appropriated, taken, and/or damaged for the public use and purpose in installing right-of-way improvements described in Section 3 above. The condemnation, appropriation, taking, and/or damaging of the Property includes the right to make all necessary slopes for cuts and fills upon adjacent lands in the reasonable original grading and maintenance of the right-of- way facilities, as well as temporary easements to enable construction of said improvements. Further, the condemnation, appropriation, taking and/or damaging of the Property shall be subject to paying just compensation to the owners thereof in the manner provided by law. Section 6. Condemnation Legal Action. City staff is directed to exhaust reasonable negotiation efforts to purchase such property. In the event that these negotiations are unsuccessful, the City Attorney or other attorney selected by the Mayor or designee is hereby authorized and directed to file all necessary actions and proceedings provided by law to condemn,take,damage,and appropriate the Property in order to carry out the provisions of this ordinance, and is further authorized in conducting said condemnation proceedings and for the purpose of minimizing damages,to stipulate as to the use of the Property and as to the reservation of any right of use to the Property owner(s),provided that such reservation does not interfere with the use of the Property by the City as provided in this ordinance. The City Attorney is further authorized to adjust the location and/or width of any of the Property and/or easements condemned or taken therein,or take other such actions,in order to minimize damages,provided that said adjustments do not interfere with the use of Ordinance No. 15- Page 4 of 44 Rev 1/15 the Property by the City as provided in this ordinance. Section 7. Source of Funds. The entire cost of the property acquisition authorized by this ordinance,including all costs and expenses of condemnation proceedings,shall be paid out of the general fund and available grants. Section 8. 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, p Y sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 9. 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 10. Ratification.Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 11. Statement of Urgency. Pursuant to Section 1.30.020(2) of the Federal Way Revised Code(FWRC), this ordinance is not subject to initiative and referendum as it is necessary for immediate preservation of public peace,health and safety,and for the support of city government and its existing public institutions. The City Council hereby finds that it has received federal discretionary grant funding in the amount of$7,000,000.00 for the Project. The City's ability to Ordinance No. 15- Page 5 of 44 Rev 1/15 obligate and secure such federal funding for the Project is threatened by delay, and all due haste is necessary to ensure proper certification of the right-of-way by the Washington State Department of Transportation;therefore,the City Council adopts this statement of urgency relating to the effective date of this ordinance, and finds and determines that the thirty(30) day period of FWRC 1.30.020 shall not apply to this ordinance. The City Council acknowledges that this statement of urgency requires a unanimous vote of the council. Section 12.Effective Date.This ordinance shall take effect and be in force five(5)days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 15th day of September,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: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 15- Page 6 of 44 Rev 1/15 EXHIBIT A Pacific Hwy S HOV Lanes Phase V Condemnation Ordinance Propety List Certified Mailing Tracking Parcel Number Owner Name Business Name Site Address Offered Amount Date Number 08/14/15 06 202104-9053 Graham Real Ventures New Community Church 34211 Pacific Hwy S $42,440.00 08/14/15 09 202104-9048 Smith,Thomas E&Gail Norris-Smith CR Floors 34341 Pacific Hwy S $75,925.00 08/14/15 15 202104-9107 CMBA No 5,LLC Medical Dental 34507 Pacific Hwy S $48,800.00 08/14/15 21 202104-9044 HC FW LLC vacant 34839 Pacific Hwy S $28,914.00 08/14/15 23 202104-9047 Oh,Chun Suk and Sun Duk Home Solutions Center 35109 Pacific Hwy S $57,500.00 292104-9106, 35620 Pacific Highway S, 08/14/15 33,34 292104-9052 Karl,Maurine E. Siesta Motel 35650 Pacific Hwy S 533,475.00 08/14/15 46,47 185295-0060, Trimark-Federal Way Crossings II,LP Jimmy Mac's 34902 Enchanted Parkway S, 520,000.00 185295-0070 Roadhouse/McDonald's 34814 Pacific Hwy 5 08/14/15 49 202104-9060 Kuecker,Wendal&Patricia-Clerget, Taco Bell 1330 S 348 St 521,455.00 Patrick and Faye 08/14/15 54 889700-0015 Utterback,LLC Suds City Car Wash 34414 Pacific Hwy S S26,900.00 08/14/15 55 889700-0020 Morstone Enterprises,LLC Office 34400 Pacific Hwy S $22,485.00 Total $377,894.00 Ordinance No. 15- Page 7 of 44 Rev 1/15 EXHIBIT PARCEL NO. 202104-9053 RIGHT OF WAY ACQUISITION THE EASTERLY 12.00 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A". CONTAINING 2,122 SQUARE FEET,MORE OR LESS. PARCEL"A": (PER FIRST AMERICAN TITLE COMPANY ORDER NO.2164668,DATED OCTOBER 11,2013) THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH,RANGE 4 EAST, W.M.,IN KING COUNTY, WASHINGTON,LYING WEST OF STATE HIGHWAY NUMBER 1. NWAN 4, TI ° ' N'S` % ' �, / j IL4J 1/- /8 -Lf` 6 GRAHAM.docx Page 1 of 1 ICPG TACOMA•SEATTLE Ordinance No. 15- Page 8 of 44 Rev 1/15 NE 1/4, SEC. 20, T. 21 N., R. 4 E., W.M. / TAX LOT NUMBER , / 202104-9052 / t S0, - - - - 12.91' ROW PROPERTY LINE /2.00' / I RIGHT OF WAY 3Q AREA = 2122 S.F.t / © 4 TAX LOT NUMBER c, 202104-9053 c R V Q eV/ } _ `V' pt cl / l'/ PROPERTY LINE t 12.91'/ f / /t TAX LOT NUMBER f 202104-9063 / f N.T.S. DATE:. SEPTEMBER 15, 2014 FILE: 6.DWG MIPCit EXHIBIT _ 15391h Aye N 892 Jefferson Aro PARCEL 202104-9053 See%WA 98109 Tam WA98442 p6) (253)827-0'20 RIGHT OF WAY ACQUISITION Ordinance No. 15- Page 9 of 44 Rev 1/15 EXHIBIT PARCEL NO. 202104-9048 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL'A"LYING EASTERLY,SOUTHEASTERLY,AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID PARCEL"A"AND A LINE THAT IS 62.00 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF PACIFIC HIGHWAY SOUTH(SR 99); THENCE SOUTH 22°49'07"WEST ALONG SAID PARALLEL LINE, 140.35 FEET; THENCE SOUTHWESTERLY ON A CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 67°10'53"WEST, 23.50 FEET,AN ARC DISTANCE OF 13,78 FEET; THENCE NORTH 54°44'06"WEST,3.67 FEET; THENCE SOUTH 75°19'32"WEST,24.68 FEET; THENCE NORTH 88°46'47"WEST,32.53 FEET; THENCE NORTH 83°05'57"WEST, 121.28 FEET TO THE NORTHERLY MARGIN OF SOUTH 344TH STREET AND TERMINUS OF SAID LINE DESCRIPTION. CONTAINING 2,750 SQUARE FEET,MORE OR LESS. PARCEL A"• (PER FIRST AMERICAN TITLE COMPANY ORDER NO.2164671, DATED OCTOBER 15,2013) THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH,RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF PRIMARY STATE HIGHWAY NO. 1,AND THE NORTH LINE OF SOUTH 344TH STREET AS CONVEYED TO KING COUNTY,BY DEED RECORDED UNDER RECORDING NUMBER 5211957; THENCE WESTERLY ALONG SAID NORTH LINE OF SAID STREET,A DISTANCE OF 225 FEET,' THENCE NORTH 129.08 FEET,MORE OR LESS, TO THE NORTH LINE OF THE SOUTH 16.5 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTH HALF OF SAID SUBDIVISION; THENCE EASTERLY ALONG SAID NORTH LINE TO THE WEST LINE OF PRIMARY STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONVEYED TO THE CITY OF FEDERAL WAY,A WASHINGTON MUNICIPAL CORPORATION FOR RIGHT OF WAY PURPOSES AS RECORDED IN DEED UNDER RECORDING NUMBER 20070606000842, WHICH IS A RE-RECORDING OF 20070208000735. pUANE '. �15 Div C/S T ERV��.1 9 SMITH.docx Page 1 of i kgL LA 14," TACOMA•SEATTLE 7.- 7-15 Ordinance No. 15- Page 10 of 44 Rev 1/15 NE 1/4, SEC. 20, T. 21 N., R 4 E., W.M. J 3`r 0 TAX LOT NUMBER ~ 202104-9068 �f 12.91 k - - - - - _ PUB—PROPERTY LINE • 6200' 50, / 4 V R0 W RIGHT OF WAY O AREA = 2750 S.F.± TAX LOT NUMBER 3. 202104-9048 a o/--N Z. b. 2 CI) 2� R=23.50 �/ L=13.78 4 a`"",.'...,,...6 121.28 3.67 0 �_ 32.53 246E / to V 162 81�� cV`V 5a h°' 2 V R��g. / QQ. S /. – .— \\ / ---.-...-'7 I / / / / / N.T.S. / / _ _ DATE: SEPTEMBER 15, 2014 FILE: 9.DWG 1E1PG1 EXI-OBIT., 153 Mkt N 2502 Jefferson Are PARCEL`2021044-9048 Seale,WA 98109 Tama,WA 98402 (2081286-1840 (253(827-0120 RIGHT OF WAY ACQUISITION Ordinance No. 15- Page 11 of 44 Rev 1/15 EXHIBIT PARCEL NO. 202104-9107 RIGHT OF WAY ACQUISITION THE EASTERLY 6.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL`A"; TOGETHER WITH THE WESTERLY 6.00 FEET OF THE EASTERLY 12.50 FEET OF THE NORTHERLY 61.50 FEET. CONTAINING 2,181 SQUARE FEET, MORE OR LESS. PARCEL"A": (PER FIRST AMERICAN TITLE COMPANY ORDER NO.2164673, DATED OCTOBER 18,2013) LOT 1,KING COUNTY SHORT PLAT NO.383053,ACCORDING TO SHORT PLAT RECORDED DECEMBER 5,1983 UNDER RECORDING NO.8312050817, IN KING COUNTY, WASHINGTON. pUAN� 44,°R - RtiO 15 CMBA.docx Page 1 of 1 KPG 1A(QMA.SL&1 ILE Ordinance No. 15- Page 12 of 44 Rev 1/15 SE 1/4, SEC. 20, T. 21 N., R. 4 E., W.M. p``z` f r RppFTY tih£ /?.5! TAX LOT NUMBER `- 202104-9082 TAX LOT NUMBER 202104-9176 0 '� 1' ,50' /Atiii t Sp, ' 410 6,pp' , ,Q, RIGHT OF WAY �/ AREA = 2181 S.F.± ,� �� TAX LOT NUMBER �,_3/ / 202104-9107 j ) / 1 k4 / /413' ^ V ti 07 2 I 2 / G) w / / I if 1 PROPERTY LINE 6.99 6q / .7' -' . N.C i"� ` � TAX LOT NUMBER / 202104-9160 / 1?0* I DATE: SEPTEMBER 16, 2014 FILE:IMPale EXHIBIT _ 153%Are N 2502Je1"o„Am PARCEL 202104-9107 Sea*WA98t0i Tacara,WA 98402 (208)24160 ;253)62N fl RIGHT OF WAY ACQUISITION Ordinance No. 15- Page 13 of 44 Rev 1/15 EXHIBIT PARCEL NO. 202104-9044 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A"DESCRIBED AS FOLLOWS: THE EAST 12.00 FEET; EXCEPT THE NORTH 18.00 FEET THEREOF. CONTAINING 2,197 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER FIRST AMERICAN TITLE COMPANY ORDER NO.2164679, DATED OCTOBER 16,2013) THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTAEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE NORTH 00°2153"EAST ALONG THE WEST LINE OF SAID SUBDIVISION 326.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87°26'19"EAST 704.31 FEET TO THE WESTERLY MARGIN OF PACIFIC HIGHWAY SOUTH; THENCE SOUTH 21°50'33"WEST ALONG SAID WESTERLY MARGIN 204.82 FEET; THENCE NORTH 86°07'16"WEST 629.93 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE NORTH 00°21'53"EAST ALONG SAID WEST LINE 179.10 FEET TO THE TRUE POINT OF BEGINNING. %,/ii m",∎/iin•■••••••∎∎∎•0 .%%, DUANi FwAS`^+�l AL c5 •I `r'>' S e. LAs9 3- Z- /S 21 HC FW LLC-ROW.docx Page 1 of 1 KP�G CAI N. \I III Uraznance No. U gage 14 of 44 Rev 1/15 SE 1/4, SEC. 20, T. 21 N., R. 4 E., W.M. f TAX LOT NUMBER c / 202104-9045 c - PROPERTY LI£'' R0: r 12.69 r N.T.S. �Q RIGHT OF WAY AREA = 2197 S.F.± © 4/ 1 TAX LOT NUMBER o' 202104-9044 �, °' Z ti .a V ti s/ (17- . i 1'7.00' / Z. 0 PRO_ PERTY LANE_ c.D / 12.61 �� x� TAX LOT NUMBER c 202104-9027 tIr4"4 / , DATE: FEBRUARY 25, 2015 FILE: 21.DWG MPG} EXHIBIT 7539d Ave N 2502Je8arsmAre PARCEL 202104-9044 SeaNe,WA 98109 Tacoma,WA 98402 (206'286-1840 1253'627-0720 RIGHT OF WAY ACQUISITION w.„1,99com Ordinance No. 15- Page 15 of 44 Rev 1/15 EXHIBIT PARCEL NO. 202104-9044 RIGHT OF WAY AND UTILITY EASEMENT THE EAST 10.00 FEET OF THE NORTH 18.00 FEET OF THE HEREINAFTER DESCRIBED PARCEL A". CONTAINING 190 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER FIRST AMERICAN TITLE COMPANY ORDER NO.2164679, DATED OCTOBER 16,2013) THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE NORTH 00°21'53"EAST ALONG THE WEST LINE OF SAID SUBDIVISION 326.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87°26'19"EAST 704.31 FEET TO THE WESTERLY MARGIN OF PACIFIC HIGHWAY SOUTH; THENCE SOUTH 21°50'33"WEST ALONG SAID WESTERLY MARGIN 204.82 FEET; THENCE NORTH 86°07'16"WEST 629.93 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE NORTH 00°21'53"EAST ALONG SAID WEST LINE 179.10 FEET TO THE TRUE POINT OF BEGINNING. `,VQANF F�}wnsq�RFf lri �,�,E38015��f:,ya GiSTgR ::oS GNAL LANoS �\• 3 - 1C. 21 HC FW LLC-ROW&UTIL.d0Cx Page 1 of 1 KFG f\(ONA.,\ 51 I I I.I Ordinance No. 15- Page 16 of 44 Rev 1/15 SE 1/4, SEC. 20, T. 21 N., R. 4 E., W.M. TAX LOT NUMBER o° 202104-9045 °O _ _ _ , SD PROPERTY LIN— - PP" Raw . 4).00'RIGHT OF WAY & UTILITY 'f EASEMENT AREA = 190 S.F.t / / N.T.S. r -*� 0 fr; z / 1 2t --N TAX LOT NUMBER / = 0 202104-9044 ) / OD / ,/' O ROW ACQUISITION ,a NN l F ---7 ,, 1 12,00, ,,, ;.- 0 ,,, _. PROPERTY LINE c; / , TAX LOT NUMBER 4) / / 202104-9027 it DATE: FEBRUARY 25, 2015 FILE: 21.DWG MPC* EXHIBIT 753 Ave" 2502 Jefferson Ave PARCEL 202104-9044 e S ,WA 98i89 Tacoma,WA (206)2661646 (253'627-0729 RIGHT OF WAY AND UTILITY EASEMENT Ordinance No. 15- Page 17 of 44 Rev 1/15 EXHIBIT PARCEL NO. 202104-9044 UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL"A",DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID PARCEL"A"AND A LINE THAT 1S 60.00 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF PACIFIC HIGHWAY SOUTH(SR 99); THENCE SOUTH 22°48'09"WEST ALONG SAID PARALLEL LINE, 19.03 FEET; THENCE NORTH 86°07'44"WEST,2.11 FEET TO A LINE THAT IS 62.00 FEET WESTERLY OF AND PARALLEL WITH SAID CENTERLINE OF PACIFIC HIGHWAY SOUTH(SR 99); THENCE SOUTH 22°48'09"WEST ALONG SAID PARALLEL LINE, 1.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 22°48'09"WEST, 10.00 FEET; THENCE NORTH 67°11'51"WEST,3.00 FEET TO A LINE THAT IS 65.00 FEET WESTERLY OF AND PARALLEL WITH SAID CENTERLINE OF PACIFIC HIGHWAY SOUTH(SR 99); THENCE NORTH 22°48'09"EAST ALONG SAID PARALLEL LINE, 10.00 FEET; THENCE SOUTH 67°11'51"EAST, 3.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 30 SQUARE FEET,MORE OR LESS. PARCEL"A": (PER FIRST AMERICAN TITLE COMPANY ORDER NO.2164679, DATED OCTOBER 16,2013) THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE NORTH 00°21'53"EAST ALONG THE WEST LINE OF SAID SUBDIVISION 326.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87°26'19"EAST 704.31 FEET TO THE WESTERLY MARGIN OF PACIFIC HIGHWAY SOUTH; THENCE SOUTH 21°50'33"WEST ALONG SAID WESTERLY MARGIN 204.82 FEET; THENCE NORTH 86°07'16"WEST 629.93 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE NORTH 00°2153"EAST ALONG SAID WEST LINE 179.10 FEET TO THE TRUE POINT OF BEGINNING ,QUANE' VC of wAsk Fi S C� i 6 21 HW FW LLC-UTILITY.docx Page 1 of 1 VWC/ST.e�r s . • �ALLANO TA( C'MA`SIATIiF 2 - 15 -15'; Ordinance No. 15- Page 18 of 44 Rev 1/15 SE 1/4, SEC. 20, T. 21 N., R. 4 E., W.M. TAX LOT NUMBER 202104-9045 _ _ ____ _ - POB Sp, PROPERTY LI�� i - 44 r i DETAIL N.T.S. 1 - - ---- _ _ P0B TPOB 60,pp, / , I7 I / /UTILITY EASEMENT icl? ,.'/ /AREA = 30 S.F.t ,' / ' r' BS p0' 2.11' / / E2 pp. c, 1.30' / 4, a� 0 0° TPOB / / / .._' .''.' / / / /.1.... / / .V./c...) 1 CD TAX LOT UMBER / / _" 0 202104-9044 / / / / f ROW ACQUISITION --,,, ,_. / / 1 N.T.S. PRO PERTY LINE / 171 f TAX LOT NUMBER . 202104-9027 w / / DATE: JANUARY 27, 2015 FILE: 21.DWG EXHIBIT 753991 Ave N 2502 Jefferson Ave PARCEL 202104-9044 Seattle,WA 98109 Tecoma WA 98402 (206)286 1640 (253'627.0120 UTILITY EASEMENT • Ordinance No. 15- Page 19 of 44 Rev 1/15 EXHIBIT PARCEL NO. 202104-9047 RIGHT OF WAY ACQUISITION THE EAST 12.00 FEET OF THE HEREINAFTER DESCRIBED PARCEL A" CONTAINING 2,929 SQUARE FEET, MORE OR LESS. PARCEL"A": (PER FIRST AMERICAN TITLE COMPANY ORDER NO.2164681, DATED OCTOBER 15,2013) THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH,RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF STATE ROAD(PACIFIC HIGHWAY SOUTH) AND THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTH 21°02.00.EAST ALONG SAID ROAD 241 FEET,' THENCE NORTH 59°42.00. WEST 221.3 FEET; THENCE SOUTH 21°02.00. WEST 357.3 FEET TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE EAST 232.9 FEET TO THE POINT OF BEGINNING. cd / /JP,vii ii< II —/g-!4fr IL_ it A 23 CHUN.docx Page 1 of 1 KFG 1At clMA SFATTI I Ordinance No. 15- Page 20 of 44 Rev 1/15 SE 1/4, SEC. 20, T. 21 N., R. 4 E., W.M. TAX LOT NUMBER 202104-9027 ,,,,,<, �, / �?�, Row RIGHT OF WAY N.T.S. AREA = 2929 S.F.± 12.) .4/ TAX LOT NUMBER 202104-9047 =/ N /6„))) $ c ry ., A8" . q /{ ,,,.'s ) ,,2 4.1,- 4,-,-, Q., A ..,/ _ _ _ _ _ k Abi 12.88 - - e2• 7 TAX LOT NUMBER 4 RO1y 185318-0010 Z y ac t / DATE: SEPTEMBER 17, 2014 ALE:ICIIPCI EXHIBIT _ 753ft Ave N Y RMm%Ave PARCEL 202104-9047 Seale,WA 98109 Tacna,WA 98dar ' ; 3'62T-0120 RIGHT OF WAY ACQUISITION Ordinance No. 15- Page 21 of 44 Rev 1/15 EXHIBIT PARCEL NO. 202104-9047 UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A"DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID PARCEL "A"AND A LINE THAT IS 62.00 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF PACIFIC HIGHWAY SOUTH(SR 99); THENCE NORTH 22°48'58"EAST ALONG SAID PARALLEL LINE,44.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 22°48'58"EAST, 10.00 FEET; THENCE NORTH 67°11'02"WEST,8.00 FEET TO A LINE THAT IS 70.00 FEET WESTERLY OF AND PARALLEL WITH SAID CENTERLINE OF PACIFIC HIGHWAY SOUTH(SR 99); THENCE SOUTH 22°48'58"WEST ALONG SAID PARALLEL LINE, 10.00 FEET; THENCE SOUTH 67° 11'02"EAST,8.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 80 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER FIRST AMERICAN TITLE COMPANY ORDER NO.2164681, DATED OCTOBER 15,2013) THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF STATE ROAD(PACIFIC HIGHWAY SOUTH) AND THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTH 21°02.00. EAST ALONG SAID ROAD 241 FEET; THENCE NORTH 59°42.00. WEST 221.3 FEET; THENCE SOUTH 21°02.00. WEST 357.3 FEET TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE EAST 232.9 FEET TO THE POINT OF BEGINNING. DI A1VE,�" yO pF WASy/ 4s/0 LAVAL LAN13 SS 24 - 1(0.-/S 23 CHUN-UTILITY.docx Page 1 of 1 KPG i At C"y1.\.SI NI 11 l i\cv iii_, SE 1/4, SEC. 20, T. 21 N., R. 4 E., W.M. ' TAX LOT NUMBER 202104-9027 1 0 , , ROW ACQUISITION / 3.. N.T.S. TAX LOT NUMBER ; / 202104-9047 r / • DETAIL N.T.S. / 1 / i i / UTILITY EASEMENT / / / .4) 2/ AREA = 80 S.F.± / / 0.3 / / "•■ / / i 1 (it I 1POB 4Z-- C....) L ,- -1 / ,, / --&:? , . i / . cs) . 0, r-- -'-'- / 1 i / / l62.00, TPOB //k° / Zip i ____ _ _ _ - POBJ cio , /` TAX LOT NUMBER i 185318-0010 . .c... , / DATE: JANUARY 27, 2015 FILE: 23.DWG 31EMPar EXHIBIT 753 9111 Ave N 2502 Jefferson Ave PARCEL 202104-9047 Sea*,WA 98109 Tacoma,WA 98402 (206)2861649 (253)627.0720 UTILITY EASEMENT Ordinance No. 15- Page 23 of 44 Rev 1/15 EXHIBIT PARCEL NO. 292104-9106 RIGHT OF WAY ACQUISITION THE WEST 17.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL W CONTAINING 175 SQUARE FEET,MORE OR LESS. PARCEL"A". (PER FIRST AMERICAN TITLE COMPANY ORDER NO.2164688, DATED OCTOBER 16,2013) THE NORTHERLY 10 FEET OF THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH,RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF THE STATE HIGHWAY (PACIFIC HIGHWAY SOUTH, SR 99),AS ESTABLISHED BY DEED RECORDED UNDER RECORDING NUMBER 1775843,AND THE NORTHERLY LINE OF SAID SUBDIVISION, WHICH POINT IS NORTH 21°10'00"EAST, 1,427.00 FEET AND NORTH 89°43'00"EAST,53.62 FEET FROM THE CENTER OF SAID SECTION 29; THENCE SOUTH 21°10'00"WEST,ALONG SAID EASTERLY LINE OF STATE HIGHWAY,237 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 21°10'00"WEST,ALONG SAID EASTERLY LINE OF STATE HIGHWAY, 75 FEET; THENCE SOUTH 650'00"EAST 350 FEET; THENCE NORTH 21°10'00"EAST, PARALLEL WITH THE EASTERLY LINE OF SAID STATE HIGHWAY, 75 FEET TO A POINT SOUTH 65°20'00"EAST OF THE TRUE POINT OF BEGINNING; THENCE NORTH 650'00"WEST 350 FEET TO THE TRUE POINT OF BEGINNING. 4A}ANE�, , 1 �'� oe�i n Sit IP / 114t, IA ir-i(H4- 33 KARL.docx Page 1 of 1 KPG TACOMA.SIAITLL Ordinance No. 15- Page 24 of 44 Rev 1/15 NE 1/4, SEC. 29, T. 21 N., R. 4 E., W.M. / N.T.S. s I 144 � . / TAX LOT NUMBER .t./ 292104-9052 V Q. 150' 3 c° 1153, .. PR a. t�p�c 4 1 ,3V ' R�L�'1'F /c. pR 0p / FRryUry: TAX LOT NUMBER 50, k F 104-9106 ca / R0W c- `' RIGHT OF WAY AREA = 175 S.F.± TAX LOT NUMBER 292104-9175 DATE: SEPTEMBER 17, 2014 FILE: 33.DWG ICPQ EXHIBIT 763SBi/we N 2502 Aro Are PARCEL 292104-9106 Set*WA98109 0 TecemAWAQ84f¢ )26&'640 ( ) .0720 RIGHT OF WAY ACQUISITION witstioom Ordinance No. 15- Page 25 of 44 Rev 1/15 EXHIBIT PARCEL NO. 292104-9052 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A"LYING WEST OF A LINE THAT IS 67.50 FEET EASTERLY OF AND PARALLEL WITH THE CENTERLINE OF PACIFIC HIGHWAY SOUTH(SR 99). CONTAINING 1,667 SQUARE FEET, MORE OR LESS. PARCEL"A': (PER FIRST AMERICAN TITLE COMPANY ORDER NO.2164688,DATED OCTOBER 16,2013) THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF THE STATE HIGHWAY (PACIFIC HIGHWAY SOUTH,SR 99),AS ESTABLISHED BY DEED RECORDED UNDER RECORDING NUMBER 1775843,AND THE NORTHERLY LINE OF SAID SUBDIVISION, WHICH POINT IS NORTH 21°10'00"EAST, 1,427.00 FEET AND NORTH 89°43'00"EAST,53.62 FEET FROM THE CENTER OF SAID SECTION 29; THENCE NORTH 89°43'00"EAST,ALONG SAID NORTHERLY LINE OF SAID SUBDIVISION,A DISTANCE OF 375.43 FEET; THENCE SOUTH 21°10'00"WEST,PARALLEL WITH THE EASTERLY LINE OF SAID STATE HIGHWAY,395.65 FEET; THENCE NORTH 65°20'00"WEST,350.00 FEET TO THE SAID EASTERLY LINE OF STATE HIGHWAY; THENCE NORTH 21°10'00"EAST,ALONG SAID EASTERLY LINE OF STATE HIGHWAY,237.00 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PROPERTY LYING NORTH OF A LINE 195 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE THEREOF. • EXCEPT THE PORTION CONVEYED TO CITY OF FEDERAL WAY,A WASHINGTON MUNICIPAL CORPORATION FOR RIGHT OF WAY PURPOSES AS RECORDED IN DEED UNDER RECORDING 20071207001072. • r "4•01.4"::-C1� • v9°* '' '0 .� � r A r r / , A i IGNALLANos 34 KARL.docx Page 1 of 1 K1"4G fAC"TWA.St Al 11.[ 1\,Y 1l 1✓ NE 1/4, SEC. 29, T. 21 N., R. 4 E., W.M. / / .... _ — S 356TH ST EXISTING RIGHT OF WAY q S 8812'20" E 1 / EXlS11NG RIGHT OF WAY / \ - TAX LOT NUMBER N.T.S. 292104-9099 625, �f/ry , 3 RQw F \ 0)0/ry 7') c) t,\. / RIGHT OF WAY `Z' cu AREA = 1667 S.F.t y4- Q TAX LOT NUMBER Q, N 292104-9052 4. Sp, ii s�5o, ,...„....Row -• \RTro> T 292104-9106 NUMBER DATE: SEPTEMBER 17, 2014 FILE: 34.DWG EXHIBIT 753 N Amon Ave PARCEL 292104-9052 Serif"WA98109 TaoorrtyWA98402 ( ) (253)821-0728 RIGHT OF WAY ACQUISITION Ordinance No. 15- Page 27 of 44 Rev 1/15 EXHIBIT PARCEL NO. 292104-9052 SUBTERRANEAN WALL ANCHOR EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL"A", DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID PARCEL W AND A LINE THAT IS 67.50 FEET EASTERLY OF AND PARALLEL WITH THE CENTERLINE OF PACIFIC HIGHWAY SOUTH(SR 99); THENCE NORTH 22°48'31"EAST ALONG SAID PARALLEL LINE, 60.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 22°48'31"EAST, 55.00 FEET; THENCE SOUTH 67° 11'29"EAST,3.00 FEET; THENCE SOUTH 22°48'31"WEST,55.00 FEET; THENE NORTH 67° 11'29"WEST,3.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 165 SQUARE FEET, MORE OR LESS. PARCEL A':• (PER FIRST AMERICAN TITLE COMPANY ORDER NO.2164688, DATED OCTOBER 16,2013) THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF THE STATE HIGHWAY (PACIFIC HIGHWAY SOUTH, SR 99),AS ESTABLISHED BY DEED RECORDED UNDER RECORDING NUMBER 1775843,AND THE NORTHERLY LINE OF SAID SUBDIVISION, WHICH POINT IS NORTH 21°10'00"EAST, 1,427.00 FEET AND NORTH 89°43'00"EAST,53.62 FEET FROM THE CENTER OF SAID SECTION 29; THENCE NORTH 89°43'00"EAST,ALONG SAID NORTHERLY LINE OF SAID SUBDIVISION,A DISTANCE OF 375.43 FEET; THENCE SOUTH 21 010'00"WEST, PARALLEL WITH THE EASTERLY LINE OF SAID STATE HIGHWAY,395.65 FEET; THENCE NORTH 65°20'00"WEST,350.00 FEET TO THE SAID EASTERLY LINE OF STATE HIGHWAY; THENCE NORTH 21°10'00"EAST,ALONG SAID EASTERLY LINE OF STATE HIGHWAY,237.00 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PROPERTY LYING NORTH OF A LINE 195 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE THEREOF. EXCEPT THE PORTION CONVEYED TO CITY OF FEDERAL WAY,A WASHINGTON MUNICIPAL CORPORATION FOR RIGHT OF WAY PURPOSES AS RECORDED IN DEED UNDER RECORDING 20071207001072. UANF • si of of BFI 34 KARL-WALL.docx Page 1 of 1 aw:cK psi r( �v�v NE 1/4, SEC. 29, T. 21 N., R. 4 E., W.M. / / • / _ /' S 356TH ST EXISTING RIGHT OF WAY S 88'32'20" E 1 // , EXISTING RIGHT OF WAY N.T.S. / TAX LOT NUMBER 292104-9099 pR0'°FR 1 6i 5' NF, 3 ROW / tiN 4 `) 300 �.. !/ C') ;� WALL EASEMENT AREA = 165 S.F.± `w,. / ROW ACQUISITION v°)o° ... Cy h. ,\ .*. ,� j o i` TPOB TAX LOT NUMBER Q. cam; / 3.00 292104-9052 �4 / />*' - 4, , , 50 POB 6150 , Roo, \\��ROp£RTY T 292104-9106 NUMBER 441E DATE: FEBRUARY 12, 2015 FILE: 34.DWG KPC' EXHIBIT 7539M Ave N 2502 Jefferson Ave PARCEL 292104-9052 Seade.WA 98109 Tama,WA 98402 (206)2881640 (253)627.0720 SUBTERRANEAN WALL ANCHOR EASEMENT Ordinance No. 15- Page 29 of 44 Rev 1/15 EXHIBIT PARCEL Na 185295-0060 RIGHT OF WAY ACQUISITION THE WEST 2.00 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A': CONTAINING 419 SQUARE FEET, MORE OR LESS. PARCEL"A": (PER FIRST AMERICAN TITLE COMPANY ORDER NO.2164696, DATED OCTOBER 25,2013) LOT 6, CITY OF FEDERAL WAY BSP NO. 04-1 0209 7 SU,RECORDED MARCH 6,2006 UNDER RECORDING NO. 20060306001716, IN KING COUNTY, WASHINGTON. 9UAN f 1 st / QNAL LASS) ll-' 2o--fi- 46 FANA FEDWAY CROSSINGS.docx Page 1 of 1 KPG`r [At.OMA.SFAT"1!F Ordinance No. 15- Page 30 of 44 Rev 1/15 SE 1/4, SEC. 20, T. 21 N., R. 4 E., W.M. a ( r a N i . 2 #, TAX LOT NUMBER 4, 185295-0010 c,....2,...00' 34 AREAHT 419WS.F.± tJ /s ,, egg. /o, ry ,a a i N s 0 TAX LOT NUMBER 185295-0060 l?' 4 1 ROlY ?,00. / 1 N.T.S. / R 2.00' l/ryF TAX LOT NUMBER `° , 185295-0010 ' ------ DATE: SEPTEMBER 17, 2014 FILE: 46.DWG KPO' EXHIBIT _ 7538h Ave II 2502 Aram Ave PARCEL 185295-0060 Setb,WA98109 Temme,WA98402 1253)627.0720 RIGHT OF WAY ACQUISI110N Ordinance No. 15- Page 31 of 44 Rev 1/15 EXHIBIT PARCEL NO. 185295-0070 RIGHT OF WAY ACQUISITION THE WEST 2.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL"A". CONTAINING 381 SQUARE FEET,MORE OR LESS. PARCEL`A". (PER FIRST AMERICAN TITLE COMPANY ORDER NO.2164696,DATED OCTOBER 25,2013) LOT 7, CITY OF FEDERAL WAY BSP NO.04-102097 SU,RECORDED MARCH 6,2006 UNDER RECORDING NO. 20060306001716, IN KING COUNTY, WASHINGTON. QpNF° ��i pS '• to;41,44, �� tsreRp S S1Ugo "NAL LA0' • i � !/`2A`.14- 47 FANA FEDWAY CROSSINGS.docx Page 1 of 1 KPG IA(()MA.SLA l I Li icev 1/1D SE 1/4, SEC. 20, T. 21 N., R. 4 E., W.M. S 348TH ST / N 88'23'31" W EXISTING RIGHT OF WAY q. N.T.S. wo 1 0) ks, 2.68' EXISTING RIGHT OF WAY U X 61 2, Of / RIGHT OF WAY AREA = 381 S.F.± c <v A /�' pl. Cti TAX LOT NUMBER 185295-0070 .?. 44 2.$0' . ROW 25� ph'�pFR� �..,_c/tie TAX LOT NUMBER -`----. _ _ _ 185295-0010 - DATE: SEPTEMBER 17, 2014 FILE: 47.DWG IPA EXHIBIT MIA Ant N 2502JahaaiAbe PARCEL 185295-0070 Sealb,WAC8109 Tacare,WA9B4Q2 ', ' "t'-0129 RIGHT OF WAY ACQUISI110N Ordinance No. 15- Page 33 of 44 Rev 1/15 EXHIBIT PARCEL NO. 202104-9060 RIGHT OF WAY ACQUISITION THE WEST 20.50 FEET OF THAT PORTION OF THE HEREINAFTER DESCRIBED TRACT,ABUTTING THE EAST MARGIN OF PACIFIC HIGHWAY SOUTH(SR 99). CONTAINING 685 SQUARE FEET,MORE OR LESS. TRACT: (PER FIRST AMERICAN TITLE COMPANY ORDER NO.2164698,DATED OCTOBER 23,2013) PARCEL A: THAT PORTION OF THE SOUTH 252.48 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING EAST OF STATE ROAD NO. 1 (ALSO KNOWN AS HIGHWAY 99),BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE EAST 85.00 FEET OF THE WEST 200 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20, WITH THE NORTH MARGIN OF SOUTH 348TH STREET, SAID POINT BEING A CAPPED IRON REBAR WITH PROFESSIONAL LAND SURVEYOR IDENTIFICATION NO. 18903,AS SHOWN RECORDING NO.8404099005; THENCE NORTH 89°37'36"WEST ALONG SAID NORTH MARGIN 115.00 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE CONTINUING ALONG SAID NORTH MARGIN NORTH 89°3736"WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°32'05"EAST PARALLEL WITH SAID EAST LINE OF SAID SUBDIVISION A DISTANCE OF 222.48 FEET TO THE NORTH LINE OF THE AFORESAID SOUTH 252.48 FEET OF SAID SUBDIVISION; THENCE NORTH 89°37'36"WEST ALONG SAID NORTH LINE 118.20 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 61°07'25"WEST 57.49 FEET; THENCE NORTH 89°59'46"WEST 71.71 FEET TO THE EASTERLY MARGIN OF THE AFORESAID STATE ROAD NO. 1; THENCE SOUTH 21 051'05"WEST ALONG SAID EASTERLY MARGIN 33.40 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN A RECORD OF SURVEY RECORDED UNDER RECORDING NUMBER 7509080425, IN RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 89°59'46"EAST ALONG SAID NORTH LINE A DISTANCE OF 111.89 FEET TO THE EAST LINE THEREOF; THENCE SOUTH 00°32'05"WEST ALONG SAID EAST LINE 163.57 FEET TO THE AFORESAID NORTH MARGIN OF SOUTH 348TH STREET; THENCE SOUTH 89°37'36"EAST ALONG SAID NORTH MARGIN 140.24 FEET TO THE POINT OF BEGINNING; (ALSO BEING KNOWN AS LOT 2 OF CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. BLA97- 0005,RECORDED UNDER RECORDING NUMBER 9710089007). 49 KUECKER&CLERGET.docx Page 1 of 2 MPG. (A(C)MA 41-A1 IL I Ordinance No. 15- Page 34 of 44 Rev 1/15 PARCEL B: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS(ACCESS)OVER THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON,LYING EAST OF STATE ROAD NO. 1 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE WEST LINE OF THE EAST 85.00 FEET OF THE WEST 200 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20, WITH THE NORTH MARGIN OF SOUTH 348TH STREET SAID POINT BEING A CAPPED IRON REBAR WITH PROFESSIONAL LAND SURVEYOR IDENTIFICATION NO. 18903 AS SHOWN ON A RECORD OF SURVEY RECORDED IN VOLUME 39, PAGE 219 OF SURVEYS AND RECORDED UNDER RECORDING NO. 8404099005; THENCE NORTH 89°3736"WEST ALONG SAID NORTH MARGIN 115.00 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°37'36"WEST 30 FEET, THENCE NORTH 00°32'05"EAST 222.48 FEET, THENCE SOUTH 89°37'36"EAST 30 FEET; THENCE SOUTH 00°32'05"WEST 222.48 FEET TO THE TRUE POINT OF BEGINNING. k 4c)D AN '; hT a c..tit ; ;Q1STEi NAL LANDS ti /1— 20-14 49 KUECKER&CLERGET.docx Page 2 oft ICPG 1A( C'MA .I Al III Ordinance No. 15- Page 35 of 44 Rev 1/15 SE 1/4, SEC. 20, T. 21 N., R. 4 E., W.M. f sr . ty 0 4---//z 4 TAX LOT NUMBER N.T.S. �� / 202104-9065 G) / / 22.09 P-.. \/ PROPERTY LINE o �) Al / RIGHT OF WAY „IT. / ^) / AREA = 685 S.F.± p /5:: /^�' TAX LOT NUMBER SOS I 202104 9060 0` PROPERTY LINE / 2 2.0 22.09 _ _ - _ 1 / / 50' / / '9OW •/ TAX LOT NUMBER 202104-9145 / / / DATE: SEPTEMBER 17, 2014 FILE: 49.DWG ICPC, EXHIBIT 2539.0 Ave k 2502Jet-6o°Ave PARCEL 202104-9060 Seale,WA98109 Tacco,WA 4132 (208,28&161= (22)627.072O RIGHT OF WAY ACQUISITION • Ordinance No. 15- Page 36 of 44 Rev 1/15 EXHIBIT PARCEL NO. 889700-0015 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A"DESCRIBED AS FOLLOWS: THE WEST 6.50 FEET; EXCEPT THE SOUTH 12.00 FEET THEREOF. CONTAINING 566 SQUARE FEET, MORE OR LESS. PARCEL"A": (PER FIRST AMERICAN TITLE COMPANY ORDER NO.2164702, DATED OCTOBER 22,2013) LOT 3, VICK ADDITION,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 45 OF PLATS, PAGE(S)27 AND 28, IN KING COUNTY, WASHINGTON. ! • itiezmemee" %•\\•Nmst VtiANirillit ‘ 40 ....------.. .4% •, : V <c, ----, tsso-..;. • Vo . , - v ; ,; AP t ; /0 0) „,k7,, ,, 1 . .,. i„ .4+' C .• 1769/4 : -AL LANDS . it tt A...............Nimmemeil- 3 -Z.-/5" 54 UTTERBACK-ROW.docx Page 1 of 1 PEP'Gr. I\ Alit! Ordinance No. 15- Page 37 of 44 Rev 1/15 1 SE 1/4, SEC. 20, T. 21 N. R. 4 E. W.M. / E., / 1, 1 TAX LOT NUMBER 1 —N // t 889700-0020 1 f6.99' _ ..,...) ,ii.,_ / PROPERTY LINE N.T.S. �' C') : r l''''650• • S /} T AREA RIGH= OF 566 WAY S.F.± 4:27/ �°� ti TAX LOT NUMBER 889700-0015 / 50' Ably li 6.99' 0 0 N , PROPERTY LINE ��/ 0 c TAX LOT NUMBER �'l� 889700-0010 L../ , f DATE: FEBRUARY 26, 2015 FILE: 54.DWG 111PQe EXHIBIT 15394 Ave t4 2502Je8emoeAve PARCEL 889700-0015 Seattle,WA 98109 Tacoma,WA 98402 (206)286440 (253)627.0720 RIGHT OF WAY ACQUISITION wet*kpg on 1 Ordinance No. 15- Page 38 of 44 Rev 1/15 EXHIBIT PARCEL NO. 889700-0015 RIGHT OF WAY AND UTILITY EASEMENT THE WEST 6.50 FEET OF THE SOUTH 12.00 FEET OF THE HEREINAFTER DESCRIBED PARCEL A" CONTAINING 84 SQUARE FEET, MORE OR LESS. PARCEL"A": (PER FIRST AMERICAN TITLE COMPANY ORDER NO.2164702, DATED OCTOBER 22,2013) LOT 3, VICK ADDITION,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 45 OF PLATS, PAGE(S)27 AND 28, IN KING COUNTY, WASHINGTON. ,011A- 1114111 f 4f1 38015 s'1 1STV.e." • ©NAL LOO S 54 UTTERBACK-ROW&UTIL.docx Page 1 of 1 P PG 1.0 0\4\.SI:A I T I I Ordinance No. 15- Page 39 of 44 Rev 1/15 SE 1/4, SEC. 20, T. 21 N., R. 4 E., W.M. / , / 1 --N /4 /4, / TAX LOT NUMBER 7.../ 889700-0020 PROPERTY LINE C� 3 / N.T.S. `r' s Z / J F �` / ROW ACQUISITION Q- Q 4r / 0 0 o /D C • f / TAX LOT NUMBER � `� /, 889700-0015 f0 r' / 50' / d R0* RIGHT OF WAY AND UTILITY EASEMENT AREA = 84 S.F.± • /7:77/1 ,1/ - - PROPERTY LINE t - - �Qt o off` c x TAX LOT NUMBER -� 889700-0010 DATE: FEBRUARY 26, 2015 FILE: 54.DWG WpCI" EXHIBIT 753 St Ave" 2502Jefferson Ave PARCEL 889700-0015 Searle,WA 98109 Tema.WA 98402 (208'28&1640 (263)827-0720 RIGHT OF WAY AND UTILITY EASEMENT Ordinance No. 15- Page 40 of 44 Rev 1/15 EXHIBIT PARCEL NO. 889700-0015 UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL `A"DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID PARCEL `A"AND A LINE THAT IS 56.50 FEET EASTERLY OF AND PARALLEL WITH THE CENTERLINE OF PACIFIC HIGHWAY SOUTH(SR 99); THENCE SOUTH 22°49'07"WEST ALONG SAID PARALLEL LINE, 1.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 22°49'07"WEST, 7.00 FEET,' THENCE SOUTH 67° 10'53"EAST, 3.50 FEET THENCE NORTH 22°49'07"EAST, 7.00 FEET; THENCE NORTH 67° 10'53"WEST, 3.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 25 SQUARE FEET, MORE OR LESS. PARCEL`A": (PER FIRST AMERICAN TITLE COMPANY ORDER NO.2164702, DATED OCTOBER 22,2013) LOT 3, VICK ADDITION,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 45 OF PLATS, PAGE(S)27 AND 28, IN KING COUNTY, WASHINGTON. • /WANE�P i ce I j hrAL LOP s A. Z.-1$-/S 54 UTTERBACK-UTIL.docx Page 1 of 1 ICENGr Rev 1/15 SE 1/4, SEC. 20, T. 21 N., R. 4 E., W.M. / /c,,., TAX LOT NUMBER 889700-0020 3`. o TPOB POB � r' 1 (PROPERTY LINE 1 0) !Z / (� ( N.T.S. �J ROW ACQUISITION \ / r,DETAIL N.T.S. POB _ I 1.59' / TPOB �� ri DSO 2.r. 7. i / c) / S650, i ( h ® i 356, , S / /TAX LOT NUMBER 1 UTILITY EASEMENT 0 889700-0015 AREA = 25 S.F.± /PO* ` / L J p, / 1' - _ PROPERTY LINE 9f Zif �f , 2=' TAX LOT NUMBER 889700-0010 . DATE: FEBRUARY 11, 2015 FILE: 54.DWG . ICgCa EXHIBIT 753 9th Ave N 2502Ater=Ave PARCEL 889700-0015 Ste,WA 98109 Tacoma,WA 98402 (206)288-1640 (253)627.0720 UTILITY EASEMENT ,mwpq.con, Ordinance No. 15- Page 42 of 44 Rev 1/15 EXHIBIT PARCEL NO. 889700-0020 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL"A"LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID PARCEL'A"AND A LINE THAT IS 56.50 FEET EASTERLY OF AND PARALLEL WITH THE CENTERLINE OF PACIFIC HIGHWAY SOUTH(SR 99); THENCE NORTH 22°49'07"EAST ALONG SAID PARALLEL LINE, 93.15 FEET; THENCE NORTHEASTERLY ON A CURVE TO THE RIGHT WHOSE CENTER BEARS SOUTH 67° 10'53"EAST, 14.00 FEET,AN ARC DISTANCE OF 10.85 FEET; THENCE NORTH 22°49'07"EAST, 4.53 FEET TO THE SOUTH MARGIN OF SOUTH 344TH STREET AND TERMINUS OF SAID LINE DESCRIPTION. CONTAINING 715 SQUARE FEET,MORE OR LESS. PARCEL "A": (PER FIRST AMERICAN TITLE COMPANY ORDER NO. 2164703, DATED OCTOBER 22,2013) LOT 4, VICK ADDITION,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 45 OF PLATS,PAGE 27, IN KING COUNTY, WASHINGTON. pUANz „• Aeo oz. t", I r to LANDS i 55 MORSTONE.docx Page 1 of 1 KPG TA(C MA SEAT-I LI uraanance lvo. 1.)- rage 4'i Oj 1/15 SE 1/4, SEC. 20, T. 21 N., R. 4 E., W.M. 1 // ___ S 344TH ST S 88'46'47" E EXISTING RIGHT OF WAY b o 1 N.T.S. .., N' A 0) 11.29 _ EXISTING RIGHT OF WAY ' 74.53 R=14.00 L=10.85 U II RIGHT OF WAY y1/41 �Q, AREA = 715 S.F.t Q. o '� 'n TAX LOT NUMBER 5 ,� f Ai' 889700-0020 6S0 "Y 50' RpEy /IIII . / PROPERTY LINE P08 - - .. _ - / // i TAX LOT NUMBER 889700-0015 / DATE: SEPTEMBER 16, 2014 FILE: 55.DWG KPQ EXHIBIT _.. J5'15N Are fl 2SOZJefer-,Ave PARCEL 889700-0020 Seale,WA 98109 Tacoma,WA 98402 1208,286149 158,82:4728 RIGHT OF WAY ACQUISITION Ordinance No. 15- Page 44 of 44 Rev 1/15