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Council PKT 10-20-2015 Regular "0 611;Bur 25th Fecterl!Way t Mnlrn:ncary ..,1116 74, CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall October 20, 2015 — 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION a. Arts Alive Award Recognition—Arts Commission b. Mayor's Emerging Issues and Report • Ground-Breaking Ceremony for Federal Way Performing Arts& Event Center— October 21, 2015 at 10:00 am. • Neighborhood Connections Meeting Recap—Sacajawea Middle School • SeaTac Airport Noise/FAA Public Meeting—November 19, 2015 at 7:00 pm at City Hall 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 PAG lmm a Councilmember for separate discussion and subsequent motion. a. Minutes: October 6, 2015 Regular and Special Meeting Minutes 12 b. 2015 Asphalt Overlay Project— Final Acceptance 14 c. Federal Way High School/Sacajawea Middle School Safe Routes to School Project— Final Acceptance d. Citywide Flashing Yellow Arrow Retrofits—85% Design Status and Authorization to Bid 18 e. Amendment to the Housing Repair Program Policies 52 f. Washington Traffic Safety Commission (WTSC)Target Zero Team (TZT) Interagency Funding Agreement 2015-2016 4 g. Adelaide Park Playground Equipment Replacement The Council may add items and take action on items not listed on the agenda. 6. COUNCIL BUSINESS 5 a. Federal Way Day Shelter Coalition Pilot Project • Introduction Chief of Staff Brian Wilson • Presentation by Federal Way Day Shelter Coalition • Council Discussion/Questions 120 b. Henderson Partners Contract Amendment for Town Square Park Improvements 122 c. 2016 Planning Commission Work Program 7. ORDINANCES PAGE First Reading 131 a. Council Bill#691/Amendments Related to the Federal Way Revised Code (FWRC) Non-Conformance Chapter 19.30 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO NONCONFORMANCE;AMENDING FWRC 19.05.010, 19.05.090, 19.05.120, 19.05.140, 19.05.180, 19.05.190, 19.30.010, 19.30.020, 19.30.030, 19.30.040, 19.30.050, 19.30.060, 19.30.070, 19.30.080, 19.30.090, 19.30.095, 19.30.100, 19.30.120, 19.30.130, 19.30.140, 19.30.150,19.30.160,19.30.170, 19.30.200,19.30.210,19.105.010,19.105.100,AND 19.140.210.(AMENDING ORDINANCE NOS.90-43,91 -113,92-135,92-144,95-235,95- 245,97-307,97-291,99-347,99-357,01 -398,02-419,02-420,04-457,04-468,05-486,06 -515,08-585,09-593,09-595,09-596,09-605,09-607,09-610,09-630, 10-652,10-674, 11 -700, 12-713, 12-724, 13-754,14-778,AND 15 -797.) 205 b. Council Bill#692/Amendment to Federal Way Revised Code (FWRC) 6.40.030 Relating to Forgery, Non-Felony AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON,RELATING TO FORGERY,NONFELONY;AMENDING FWRC 6.40.030.(AMENDING ORDINANCES NOS.09-601 AND 02-429.) Second Reading 209 c. Council Bill #690/Ordinance T-Mobile Franchise Agreement AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING T- MOBILE WEST CORPORATION, A NONEXCLUSIVE FRANCHISE TO OCCUPY WASHINGTON, WITHIN THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, , SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLATION,OPERATION, MAINTENANCE AND REPAIR OF ITS WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQUIPMENT, CABLES, ACCESSORIES AND IMPROVEMENT IN A PORTION OF THE RIGHT-OF-WAY WITHIN AND THROUGH THE CITY OF FEDERAL WAY. 8. COUNCIL REPORTS 9. EXECUTIVE SESSION • Sale or Lease of Property pursuant to RCW 42.30.110(1)(c) 10. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. COUNCIL MEETING DATE: October 20,2015 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 October 6,2015 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 October 6,2015 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: Committee Council Im ial 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# 1251— 'ORA& \ 7.9 4:9/ 90720 CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall October 6, 2015 – 6:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Special Meeting to order at the hour of 6:00 pm. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Susan Honda, Councilmember Bob Celski, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson,Assistant City Attorney Ryan Call, and City Clerk Stephanie Courtney. 2. EXECUTIVE SESSION At 6:00 pm Mayor Ferrell announced Council will be recessing into Executive Session for the purpose of discussing: • Collective Bargaining pursuant to RCW 42.30.140(4)(b) 3. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Specia•Meeting at 6:15 pm. Attest: Stephanie D. Courtney, CMC City Clerk Approved by Council: �� p$T Bo/ ed+ w{ 41/41, CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall October 6, 2015 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Regular Meeting to order at the hour of 7:06 pm. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge,Councilmember Susan Honda, Councilmember Bob Celski, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson,Assistant City Attorney Ryan Call,and City Clerk Stephanie Courtney. Mayor Ferrell excused Councilmember Kelly Maloney's absence. 2. PLEDGE OF ALLEGIANCE Matthew Jarvis led the flag salute. 3. PRESENTATION a. Sound Transit Link Light Rail Update by Sound Transit Board Members- King County Councilmember Pete von Reichbauer& King County Councilmember Dave Upthegrove Mayor Ferrell introduced King County Councilmembers and Sound Transit Board Members Pete von Reichbauer and Dave Upthegrove who spoke to update Council and citizens on Sound Transit related issues, including the recent vote by the Sound Transit Board to recommend a preferred alignment along 1-5. b. Proclamation: Domestic Violence Awareness Month— FW Domestic Violence Task Force Councilmember Honda read and presented the Domestic Violence Awareness Month Proclamation to Doug Baxter and the Federal Way Domestic Violence Task Force. Mr. Baxter thanked the Mayor and Council for the ongoing support and noted City Hall will again feature silhouettes in the lobbies as awareness tools. c. Certificate of Appointments— Lodging Tax Advisory Committee Deputy Mayor Burbidge was pleased to read the Certificate of Appointments to Mike Dunwiddie, Richard Song, and Ryan Miller as voting members of the Lodging Tax Advisory Committee. Unfortunately they were unable to attend tonight's meetings; their certificates will be mailed. Federal Way City Council Special Minutes Page 1 of 7 October 6, 2015 d. Mayor's Emerging Issues and Report • Mayor's Day of Concern for the Hungry Community Development Director Michael Morales reported on the recent successful Mayor's Day of Concern for the Hungry. He reported six separate grocery stores throughout the city participated and collected a total of 4,110 lbs of food (compared to 1,465 lbs in 2014). Waste Management curbside pick-up added an additional 4,412 lbs for a grand total of 8,522 lbs for the local food bank. He was also pleased to report an increase in the cash donations. The event raised $670.71 (compared to $260.58 in 2014). He thanked all the staff and volunteers, including Jeri-Lynn Clark and Lani Englund who ulle the d t e event details together. Mayor Ferrell also recognized Laura Moser of Waste Management who also spoke to their partnership and collection efforts and curbside pickup.The Mayor and Council thanked all involved in a wonderful event. • Neighborhood Connection Meeting —October 15—Sacajawea Middle School Mayor Ferrell noted the next (and last of 2015) Neighborhood Connection Meeting will be held October 15th at 6pm at Sacajawea Middle School. He noted these are great opportunities for citizens to ask questions and get updates on projects within the city. • Federal Way Farmer's Market Chili Cook-Off Mayor Ferrell reported on the recent Farmer's Market Chili Cook Off which rasied funds for many of our communities Non-Profit Organizations. • City's New Website Community Outreach Coordinator Steve McNey updated Council on the new city website with improved optics and usability. He noted the effort to create a more user-friendly website for both the citizen or new business, and the staff members who updates the system. The new website will go live later this year. 4. CITIZEN COMMENT Gary Robertson, spoke in regards Sound Transit Light Rail and also to traffic concerns and backups in the triangle intersection. Norma Blanchard, would like to see the Council more engaged in a discussion on term limits. Orville Mallott, shared a short story and asked that Bonneyville Power Administration put in tunnels. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval;all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: September 15, 2015— Regular and Special Meeting Minutes b. Monthly Financial Report—August 2015 Federal Way City Council Special Minutes Page 2 of 7 October 6, 2015 c. Vouchers—August 2015 DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF ITEMS A THROUGH C ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER DUCLOS. The motion passed 6-0 as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney excused Councilmember Duclos yes Councilmember Honda yes 6. COUNCIL BUSINESS a. Federal Way Performing Arts and Event Center(PAEC)Authorization to Award • Staff Report: Ade Ariwoola, Finance Director— Financial Update Finance Director Ade Ariwoola gave a brief overview of the project funding. He noted the Council authorized the planning and construction of the PAEC for up to $32.75 million on June 3, 2014. He further highlighted the previous information given to Council regarding the Interfund Loan and potential for bonding. Total committed project funding includes$16.5 million;pending project funding is$10 million which includes: 4Culture Grant$2M; CDBG Section 108 Loan $3M; Sale of Hotel Pad $1.5M; Naming Rights $3.5M. Other funding sources may include: Grants; Additional Fundraising; New Markets Tax Credits; or Bonding. Council asked clarifying questions regarding financing and timelines. He concluded the city has approximately 4 years from groundbreaking to obtain any other identified funding sources. Based on cash on hand, funds committed and those in process the City's potential bond amount is less than originally estimated. • Staff Report: Will Appleton, Project Manager—Bid Award Project Manager Will Appleton gave a brief presentation on the Performing Arts and Events Center Project Award. He noted there were a total of (8) eight bids received with the lowest responsive, responsible bidder being Garco Construction from Spokane. He noted the Bid format included the Base Bid;Alternative#1 —Orchestra Pit Lift;Alternative#2—Metal Cladding System;Alternative#3— Off Site Work; Alternative #4 — Shorten Project Duration; and Alternative #5 — Hearing Induction Loops. The low bidder was established based on the sum of the base bid and alternatives 1,3,and 5. Mr. Appleton reviewed the project's overall expenditures including Project Design/Development; Construction; Construction Management-Inspections;Contingency/FF&E(7.4%);and 2%for the Arts for a total of $32,749,999.00. He discussed the use of contingency funds for FF&E (Furniture, Fixtures and Equipment). He further highlighted additional features which have been added to the project including utility stub outs for future expandability;full kitchen;2%for the Arts;Additional Parking; Enhanced Audio Visual; Hearing Loop ste m' Orchestra Pit Lift; and 16 Additional Seats.ats. He also noted 10% apprenticeship requirement by the contractor and the facility will be able to accommodate solar panels in the future. Mr. Appleton reported staff has done due diligence with the low bidder and have confirmed this is a multi-faceted construction firm with annual volume of$200 million. Additionally, reports show their past projects support ability to perform successfully with an above average client satisfaction. Although based out of Spokane, they have a satellite office in Tacoma, have shown a solid performance in managing subcontractors and has previously worked with LMN Architects. Federal Way City Council Special Minutes Page 3 of 7 October 6, 2015 • He noted if Council approves the bid award, Notice of Award will happen on October 7th and Notice to Proceed on October 20th. Groundbreaking is set currently for October 21st and project completion in the Summer of 2017. Councilmembers thanked Mr. Appleton for his presentation and asked various clarifying questions regarding elements of the project, timeline and project budget. • Citizen Comment Joann Piquette, speaking on behalf of the Federal Way Coalition of the Performing Arts, stated this facility has been discussed for 26 years. She is excited for this project to move forward. Gary Robertson, noted he was initially opposed to the project however sees the value in have a facility with multiple uses. He also shares concerns with Mr. Hiller and Mr. Jarvis on financing. Shari Song, thanked the Mayor and Council for having vision and foresight and moving a project forward which will have such a deep impact on our community. She is excited this project will be investing in Federal Way's future. Paul Levy spoke in support of the facility, noting his Opera Group would love to book the venue, instead of spending money on facilities in Seattle. Paul Wamba is very happy this project is moving forward, he feels delays will only increase costs. Dana Turcott, stated this facility will be used for entertainment, arts, lectures, and dance performances. She would like to see Federal Way become more than just safe roads with enhancing our community through our schools, library, and parks. Matthew Jarvis, spoke against the financing of the project. He feels the proposal is filled with broken promises including lack of New Markets Tax Credits, and other funding sources. He would like to see the city have the money on hand to build the facility before moving forward. Susan Pisek, supports moving forward with this facility and feels it will give the downtown much needed anchor in the core. She believes the facility, once completed will host large meetings, receptions, trade and cultural events. Donna Berger,Vice President of the Federal Way Symphony Board urged Council move the project forward and not delay any further. Pam Smith, Director of the Auburn Performing Arts Center, spoke in support of the project. She has multiple events each year she has to turn away due to size and restraints of her facility.She would like to be able to refer clients to the Federal Way Performing Arts and Events Center as an alternative. Torger Helgeland, asked Council to clarify where the 2% for the Arts is coming from and why is it included in the budget figures. Keith Livingston, spoke in support of the Council awarding the bid and moving the project forward as visionary leaders. He reminded everyone the actual vote to build the Performing Arts and Events Center was taken previously. Michele Mayberry(comments read into the record by City Clerk)spoke in support of the project. She noted as a promoter for the Northern Classic Bodybuilding show, she is looking for venues of this size in the area to book. She encouraged Council to move forward. Federal Way City Council Special Minutes Page 4 of 7 October 6, 2015 H. David Kaplan stated this project has been talked about and debated for over 25 years, he is excited to have this project move forward with the bid award. • Council Discussion/Action City Clerk Courtney read a letter prepared by Councilmember Maloney who was unable to attend 9 tonight's meeting. She believes it is in the best interest of the city to explore making the PAEC a public-private partnership development project. She asked Council to add a caveat to any proposed motion to include such direction. Councilmember Celski thanked all the individuals who spoke and the presentations and hard work from the staff. He stated he feels this project will be critical to our city as are the Community Center and Celebration Park. CouncilmemberAssefa-Dawson thanked the individuals for speaking and for their passion. She was recently at the site and envisioned how it will truly transform the area. Councilmember Duclos noted a Performing Arts Center has been discussed for years. She has spoken with Downtown Business owners and the downtown community is supportive.She is pleased with the results of the bid and the amount of bids received and will continue to monitor the budget and the process as the project moves forward. Councilmember Honda reflected on her previous service on the Arts Commission and discussing a Performing Arts Center at that time. She feels a project of this size and impact is very complicated and she agrees there is a need; however she is concerned with how to finance, operate and maintain the facility. Councilmember Moore spoke to moving the project forward for the future of Federal Way and his vision for what Federal Way will become. He is pleased to see various environmental elements which may be added in the future. DEPUTY MAYOR BURBIDGE MOVED TO AWARD THE PERFORMING ARTS AND EVENT CENTER CONSTRUCTION PROJECT TO GARCO CONSTRUCTION, INC., THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER, IN THE AMOUNT OF$24,158,160, INCLUDING STATE SALES TAX,APPROVE A 7.4%CONTINGENCY OF$1,780,370 AND AUTHORIZE THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS; SECOND BY COUNCILMEMBER DUCLOS. Deputy Mayor Burbidge thanked the citizens who attended tonight's meeting and gave testimony and to the staff for all their hard work on this project and their presentations. She feels this center provides a building for the people who can participate in the arts and enjoy the many uses and feels it may become the heart of downtown and catalyst for downtown. Councilmember Moore spoke to moving the project forward for the future of Federal Way and his vision for what Federal Way will become. He reflected on the history of this project and looks for continued transparency in the future of the project. He recognized former Mayor Mary Gates who was in attendance. The motion passed 5-1 as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney excused Councilmember Duclos yes Federal Way City Council Special Minutes Page 5 of 7 October 6, 2015 Councilmember Honda no At 9:47 pm the Mayor called a brief recess. Mayor Ferrell resumed the meeting at 9:55 pm. DEPUTY MAYOR BURBIDGE MOVED TO EXTEND THE MEETING PAST 10:00 pm; SECOND BY COUNCILMEMBER CELSKI. The motion passed 6-0 as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney excused Councilmember Duclos yes Councilmember Honda yes 7. ORDINANCES First Reading a. Council Bill#690/Ordinance -T-Mobile Franchise Agreement AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING T- MOBILE WEST CORPORATION,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 IMPROVEMENT IN A PORTION OF THE RIGHT-OF-WAY WITHIN AND THROUGH THE CITY OF FEDERAL WAY. Street Systems Manager John Mulkey gave a brief background on this item. City Clerk Stephanie Courtney read the Ordinance Title into the record. COUNCILMEMBER DUCLOS MOVED THE PROPOSED ORDINANCE TO THE OCTOBER 20TH COUNCIL MEETING FOR ENACTMENT; SECOND BY COUNCILMEMBER CELSKI. The motion passed 6-0 as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney excused Councilmember Duclos yes Councilmember Honda yes Second Reading/Enactment b. Council Bill#689/Amendment to 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) City Clerk Stephanie Courtney read the Ordinance Title into the record. COUNCILMEMBER HONDA MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER DUCLOS. The motion passed 6-0 as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney excused Councilmember Duclos yes Councilmember Honda yes Federal Way City Council Special Minutes Page 6 of 7 October 6, 2015 8. COUNCIL REPORTS Councilmember Duclos reported on attending the Advancing Leaderships Event"Evening with the Stars"She had a wonderful night, and even waited a few tables. She will also be attending the Multi- Service Center"Helps" Luncheon in October. Councilmember Moore thanked citizens for their input tonight and specifically thanked Mr.Jarvis who had the courage to speak his mind on this issue which he feels passionate about. Councilmember Celski was very pleased with the Mayor's Day of Concern Event which he and his wife participated; he is proud of this community and how everyone steps up to help out and give willingly and generously. He attended the Reach Out Breakfast which was a great event for the Reach Out Homeless Shelter. Councilmember Honda thanked the Federal Way Domestic Violence Task Force for attending tonight's meeting and for all the work they do on behalf of Domestic Violence victims.She highlighted an event in Auburn where Denise Brown, sister of Nicole Brown (Simpson) will be speaking. She encouraged everyone to attend the Oktoberfest Event on October 9th at the Community Center which benefits the Inclusion Program. Councilmember Assefa-Dawson reported on recent training she has attended. She reminded everyone students will be participating in "We Scare Hunger" event on October 31st. Youth will be collecting food donations door to door. Deputy Mayor Burbidge reflected on the active participation of the Councilmembers both locally and regionally. The next meeting of the Lodging Tax Advisory Committee will be held on October 14th at 8:00 am. She thanked everyone who participated in the Reach Out breakfast.She thanked everyone who came and participated in tonight's meetings, she is excited for the groundbreaking event on the 21st. Councilmember Assefa-Dawson and Councilmember Moore also spoke to thank the community members and churches who participated in the recent"We Love Our City"volunteer project.Over 600 people attended and participated in various projects throughout the city. 9. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 10:12 pm. Attest: Stephanie D. Courtney, CMC City Clerk Approved by Council: Federal Way City Council Special Minutes Page 7 of 7 October 6, 2015 COUNCIL MEETING DATE: October 20, 2015 ITEM#: 5b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2015 ASPHALT OVERLAY PROJECT-FINAL ACCEPTANCE POLICY QUESTION: Should the Council accept the 2015 Asphalt Overlay Project constructed by Lakeside Industries, Inc. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 5, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Street Systems Engineer-A1 DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated October 5, 2015 Options Considered: 1. Authorize final acceptance of the 2015 Asphalt Overlay Project constructed by Lakeside Industries, Inc. in the amount of$1,354,910.02 as complete. 2. Do not authorize final acceptance of the completed 2015 Asphalt Overlay Project constructed by Lakeside Industries, Inc. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the October 20,2015 Council Consent Agenda e approval. MAYOR APPROVAL: freq. 3 S i 7i . Co mittee 'ouncil IliInitial/Date ,ICJ --tt InitialiDat% r ' pit�C��e CHIEF OF STAFF: .1J:11 tG fJ /•A' p,9 w/ Co itt= " Council" dir e Initial,a to COMMITTEE RECOMMENDATION: I move to forward Option 1 to the October 20, 2015 consent agenda for approval. i Bob Celski, Chair Kel s!Malone , Me to:er I is Asse a-b: son, Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the 2015 Aspha t Overlay Project constructed by Lakeside Industries, Inc., in the amount of$1,354,910.02 as complete. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 15"`reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED- 1,2015 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: October 5, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM Marwan Salloum, P.E., Public Works Direct se/ Jeff Huynh, Street Systems Engineer.<4 SUBJECT: 2015 Asphalt Overlay Project—Project Acceptance BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The 2015 Asphalt Overlay Project contract with Lakeside Industries, Inc. is complete. The final construction contract amount is $1,354,910.02. This is $180,946.65 below the $1,535,856.67 (including contingency)budget that was approved by the City Council on March 17, 2015. cc: Project File Central File K:\LUTC',2015\.10-05-15 2015 Asphalt Overlay project-Project Acceptance.doc COUNCIL MEETING DATE: October 20,2015 ITEM#: 5c........... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FEDERAL WAY HIGH SCHOOL/SACAJAWEA MIDDLE SCHOOL SAFE ROUTES TO SCHOOLS- FINAL ACCEPTANCE POLICY QUESTION: Should the Council accept the Federal Way High School/Sacajawea Middle School Safe Routes to Schools Project constructed by Road Construction Northwest, Inc. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 5, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY. Christine Mullen, P l eet Systems Project Engineer DEPT: Public Works Attachments: Memorandum to Land Use an Transportation Committee dated October 5,2015 Options Considered: 1. Authorize final acceptance of the Federal Way High School / Sacajawea Middle School Safe Routes to Schools Project constructed by Road Construction Northwest, Inc. in the amount of $540,753.56 as complete. 2. Do not authorize final acceptance of the completed Federal Way High School / Sacajawea Middle School Safe Routes to Schools Project constructed by Road Construction Northwest, Inc. as complete and provide direction to staff. ......_..... MAYOR'S RECOMMENDATION: The Mayor recommends Option I be forwarded to the Octobei 20, 2015 Council Consent Agenda for approval. MAYOR APPROVAL: V" ' 3 1 IRECTOR APPROVA !;ak "or Co nittee / Council , II ate Initial/Date Initial/Date CHIEF OF STAFF: 13,14.--, Cj-'.!/ A W.-•, ."' Comm, Council Initial►ate Initial/ e COMMITTEE RECOMMENDATION: I move to forward Option 1 to the October 20; 2015 consent agenda for approval. i Bob Celski, Chair • Kel Maloney, Membe Ly'4: Assefa-r, son, Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the Federal Way High School / Sacajawea Middle School Safe Routes to Schools Project constructed by Road Construction Northwest, Inc. in . the amount of$540,753.56 as complete." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED— 1/2015 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: October 5,2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor Marwan Salloum, P.E.,Public Works Director: COUNCIL MEETING DATE: October 20,2015 ITEM#: 5d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Citywide Flashing Yellow Arrow Retrofits Project—85% Design Status and Authorization to Bid POLICY QUESTION: Should the City Council authorize staff to bid the Citywide Flashing Yellow Arrow Retrofits Project and return to the LUTC and Council for bid award, further reports, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Oct. 05,2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarady Long, Sr Transportation Planning EngineerEPT: Public Works Attachments: Land Use and Transportation Committee memorandum date October 5, 2015. Options Considered: 1. Authorize staff to bid the Citywide Flashing Yellow Arrow Retrofits project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder. 2. Do not authorize staff to bid this project and provide direction to staff. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the October 20, 2 15 Council Consent Agenda for appr• j — MAYOR APPROVAL: DIRECTOR APPROVAL• r♦ iJ/ Commit a / Council "�h"• e Initial/Date InitialiDate CHIEF OF STAFF: 15, 4, L1,th S Comp / Council ►.te Initial/ e COMMITTEE RECOMMENDATION: 1 move to forward Option 1 to the October 20, 2015 City Council consent agenda for approval. l di 410/, 4., Bob Celski, Chair Kelly aloney, Memb L : a Assefa-5. son, Member PROPOSED COUNCIL MOTION: `1 move to authorize staff to bid the Citywide Flashing Yellow Arrow Retrofits project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ NIOVED TO SECOND READING(ordinances old))) ORDINANCE# REVISED- 1/2015 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: October 5, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor , Marwan Salloum,P.E.,Public Works Director FROM: Sarady Long, Senior Transportation Planning Engineer — SUBJECT: Citywide Flashing Yellow Arrow Retrofits Projects—85%Design Status Report and Authorization to Bid BACKGROUND: In 2014, the City submitted a Safety Grant funding application to WSDOT for a project to improve safety at intersections and corridors throughout the city. The City was awarded total funding of$913,600 with $16,500 in local match for design. This project will install flashing yellow signal indications at 17 intersections (See attached list for intersection locations) to improve safety and operations. In addition, at the SR 161 at S 348th Street(SR 18) intersection, advance overhead lane use control signs will be installed on the eastbound and southbound approaches to provide positive guidance. The following provides a brief synopsis of the progress on the projects to date. Currently,the project design is approximately 85%complete, which includes the following completed tasks: • Preliminary Contract Specifications • Project Design to 85% • Environmental Documentation, Submittals and approval Ongoing Tasks Include: • Final Contract Specifications • Project Design to 100% PROJECT ESTIMATED EXPENDITURES: Design $137,017.00 Right-Of-Way Acquisition N/A 2015 85%Construction Cost Est. $666,765.00 10%Construction Contingency $ 66,677.00 Construction Management $ 59,000.00 TOTAL PROJECT COSTS $929,459.00 PROJECT AVAILABLE FUNDING: City Safety Program Grant Funding(Federal) $913,600.00 City Funding $ 16,500.00 TOTAL AVAILABLE BUDGET $930,100.00 The project is within available budget. Staff anticipates bidding the project in November 2015 and awarding the project in January 2016. Construction is anticipated to commence in February 2016 with an estimated substantial completion date in August 2016. COUNCIL MEETING DATE: October 20,2015 ITEM#: 5e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMENDMENT TO THE HOUSING REPAIR PROGRAM POLICIES POLICY QUESTION: Should the City Council approve an amendment to the Housing Repair Program that changes the loan to eligible homeowners from a forgivable loan/grant to a deferred,0%interest loan that is due at the time of the sale or transfer of the property? COMMITTEE: PRHSPS MEETING DATE: October 13,2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Watson DEPT: CD/Community Services Attachments: Revised 2015 Housing Repair Program Policies noting the change from deferred forgivable loan to zero interest deferred loan. Promissory Note&Deed of Trust outlining repayment and default rules. Background: The City's Housing Repair Program was originally structured to support low-and moderate-income homeowners with home repairs paid via the Community Development Block Program in the form of a forgivable,zero percent (0%), declining balance loan for the costs of repairs performed by contractors. This practice essentially provides a grant of public funds to the homeowner. Recently, Staff learned that State prevailing wage regulations define such practices as "public works" subject to prevailing wage requirements. Compliance with prevailing wage requirements will lead to increased costs for the program of 10% to 65%. This will mean fewer eligible homeowners will receive support. The change to a loan due upon sale or transfer of the property will allow the program avoid prevailing wage requirements for repair work by contractors. Options Considered: 1. Approve the amendment to the Home Repair Program Policies to change from a forgivable 0% interest loan to a deferred 0%interest repayment loan. 2. Do not approve the amendment to the Home Repair Program Policies and provide direction to staff. MAYOR'S RECOMMENDATION: 1 ,n 1 MAYOR APPROVAL: 0.4/ '� A,11' r f 44 / b IRECTO• APPROVAL: 7i //td! ttee •.un�, Initial Chide/Ail / COMMITTEE COMMENDATION: - o forwar, i e . 'posed amendment to the Home Repair Program Policies to the October 20, 2015 c;"sent agenda for •p ;val. 6Y" Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of an amendment to the Housing Repair Program Policies that change from a forgivable, 0%interest loan to a deferred, 0%interest repayment loan." (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# RESOLUTION# INTRODUCTION The policies and procedures contained in this document provide guidance for the implementation of City of Federal Way's Emergency Housing Repair Housing Repair Program. It includes program goals and objectives, a program description, and policies and procedures for the residents of the City of Federal Way,the City staff that have responsibility for the program's implementation and oversight, and the contractors that may be hired to perform housing repairs. The Emergency Housing Repair Housing Repair Program offers financial assistance to lower-income homeowners that are deemed urgent and necessary to ensure the immediate health and/or safety of the residents. ✓ Eligible Applicants-Owner-occupants of single family or mobile homes, whose gross annual income does not exceed 80%of the King County Area Median Income (AMI), adjusted for household size. ✓ Funding Limits—The maximum amount available, based on the repair or replacement need, is up to$610,000 per property. ✓ Repairs under the program are provided as a direct service to the household. ✓ Certain improvements may be ineligible or beyond the scope of the City's minor repair program and may be referred to the King County Housing repair program. Program Goals and Objectives The goal of the city's Emergency Repair Housing Program is to improve the quality of life for residents by improving the existing owner-occupied housing stock. Specific objectives for achieving this goal include: Objectives that provide benefit for the entire City: 1. Preserve the existing housing stock. 2. Revitalize neighborhoods. 3. Conserve the property tax base. Objectives that benefit neighborhoods 1. Expand housing alternatives. 2. Encourage other improvements to neighborhoods. 3. Discourage the abandonment of homes. Objectives that benefit individual homeowners 1. Benefit low,very low, and moderate-income persons. 2. Remove health and safety hazards. 3. Reduce utility costs. 4. Improve resident's safety in their homes. The type of assistancc provided undcr the City's-program i&-designed te-address emergency repairs through a five year(60 month), zero interest forgivable loan program.The Housing Repair Program is designed to alleviate immediate threats to the health and safety of low income (80%and below AMI) homeowners. This program will concentrate its efforts on addressing emergency repairs that may impact the owner's health and safety. However,these improvements may 3 not bring the entire structure into compliance with adopted housing codes. Funding from this program cannot be used for repairs to free standing equipment items such as heaters, lamps, fans, window A/C units, and dishwashers. Each eligible owner occupied residence may receive assistance up to%10,000 in funding to complete the repairs. The funds will be administered by the City's - • • - - - - !- - - •-- Department Community Development Department through the Community Services Division and will not be paid directly to the homeowner. •• - - -. •-• -- - - - •• - - -- - - - The City will not be a party to any work performed or contracted outside of the City's program.The City is not responsible for the payment of any costs exceeding the %10,000 per residence. Program Standards 1. The household must qualify for assistance based HUD income standards. 2. The owner must live in and own the property for a minimum of one year prior to application. 3. The property must be current on taxes, utility& mortgage payments. 4. Properties constructed prior to 1978 may require testing for lead-based paint. 5. Deferredffe loans require no repayment from the owner, as long as the conditions of the program are met for the entire term of the loan. 6. The actual cost of repairs cannot exceed the established grant amount in effect at the time of application 7. Repairs or improvements will be prioritized by the Program Manager based upon advice from the professional Inspector and based on the condition of the property 8. Project approval is subject to funding limitations in effect at the time of application. 9. The contract for the repairs is between the Homeowner and the selected Contractor. Eligible Program Activities Emergency repairs generally include of one or more of the following conditions: • Roof repair • Furnace or water heater repair/replacement • Plumbing • Electrical • Exterior door repairs for owner safety considerations • ADA accessibility improvements • Other emergency repairs as authorized by City Program staff Funding Source The Emergency Housing Repair Program is funded by the U. S. Department of Housing and Urban Development (HUD)through the Community Developmnt Block Grant (CDBG) program. CDBG funds may be used to make both grants and loans. Specific rules and regulations related to implementation of the CDBG program are found in the Code of Federal Regulations(25 CFR Part 570). CDBG Program regulations require that these funds must benefit low,very low and moderate-income persons. 4 All expenditure of federal funds are required to comply with numerous other federal regulations including,but not limited to,the National Environmental Policy Act(NEPA),the Uniform Relocation Act (URA),Minority and Women Owned Business Outreach Policies,the Welfare Reform Act—Immigration Status,and Federal Fair Housing Laws.Federal lead-based paint statutes are also triggered with the use of CDBG funds. Loan Terms satisfied the conditions listed in the Decd of Trust executed-prior to-the project start date. There are • the amount of CDBG investment. In no case shall the tern exceed five (5) years. (See table) If the property is sold or transferred before the term per-led expires, the applicant will be credited a percentage of the loan amount for every month of residency. The or-edit is subtracted from the total becomes due immediately. All repair activities shall be funded by a deferred repayment loan. The loan shall carry zero(0)percent interest and shall be due and payable in full in accordance to the conditions listed in the Promissory Note and Deed of Trust executed prior to the project start date. In addition to the costs for the repair -(Formatted:Highlight activities, the principal Joan amount shall include all costs to the City for processing the loan - Formatted:Highlight documents. There are no monthly payments on the deferred loan amount. -I Formatted:Highlight (Formatted:Font:Bold,Underline • 5 GENERAL OPERATING PROCEDURES The Emergency Housing Repair Program shall be administered by the Development Department Community Development Department of the City of Federal Way for residents of city. The Director shall designate a staff member as Program Manager to oversee the day to day operations of the program. City of Federal Way residents are encouraged to inform themselves of the program offerings and make an appointment to complete the application process. The Program Manager(or his/her contractual designee) shall also be responsible for the inspection of work on the units being assisted in the City. Eligibility Requirements Emergency repair services are available if all of the following criteria are met: 1. Single family units are located within the municipal boundaries of the City of Federal Way. 2. Owner on the title uses the home as their principal residence and owns the home and the land on which it sits. 3. Occupants earn 80%or less of the median income for the AMI (Area Median Income) and meet the priorities adopted by the City. 4. All property taxes, utility, property insurance& mortgage payments are current. 5. The applicant meets an income and assets review to determine income eligibility according to the requirements of the funding source. 6. The work needed to the home can be repaired and is not determined by the project inspector to be significantly beyond the constraints of the program funding allotment per home. 7. The dwelling is not a type of unit considered temporary. Out buildings that are detached from the single-family home will not be repaired. The City will strive to assist all eligible applicants on a first come-first serve basis and in the same time and date order for which their application was filed with the City's Program Manager or designee.The Emergency Housing Repair Housing Repair Program will not fund repair needs that represent duplicate payments, or that have already been funded by another public, non-profit assistance or insurance program. Complete documentation of items requested in the application review process must be available for a household to be considered eligible. Cancellation/Denial On occasion, City staff may need to cancel or deny a project application. Once the application is cancelled or denied, the applicant must wait one full year from the date of cancellation to reapply for Emergency Repair Housing assistance. Causes for cancellation would include but are not limited to: • Applicant request • Failure to respond in timely manner(31 days from the date of the written request from the Department) • Disposition of property • Defective Title 6 • Failure to meet City guidelines • Failure to accept Deed Restrictions • Failure to provide necessary documents A formal Cancellation/Denial Letter will be prepared and forwarded to the applicant and recorded to the project file. Appeals/Grievances If an Owner,Applicant, or Contractor has a complaint concerning a decision or the implementation of the Emergency Housing Repair Housing Repair Program, a written complaint must be submitted to the Community and Economic Development Director within seven (7) calendar days of the decision that caused rise to the complaint. The Director will respond in writing within ten (10) calendar days from the receipt of the written complaint. The response will include a copy of the decision, a statement of the facts and the legal basis upon which it is based. All further appeals of the final administrative decision shall be handled according to the procedures established by the City to assure a fair determination for all parties. HOMEOWNER APPLICATION PROCESS I When a resident seeks service through the Emergency Housing Rcpair Housing Repair Program, he or she should expect to adhere to the following general procedures: Application An application form must be completed and all requested information must be provided and verified before an applicant can be approved for assistance. Applications are appointments are first set by a phone call to the application processor before the appointment can take place. Failure to provide all requested information will result in the application being returned to the owner. Providing false or misleading information will result in the disqualification of the applicant. Income Analysis Review of the household's eligibility consists of an analysis of the household income and household size. Household income may not exceed the income limit in effect at the time of application to the program. Income is defined as income earned from all household members age 18 years and above. Income includes earnings from employment, government benefits, investments, interest income, and other cash-generating activities. All loan applicants must submit three of their most recent paycheck stubs as part of their loan application. The following methods will be used by City staff to calculate income: 1. Income from full-time employees will be calculated as follows: a. Third party verification-Using third-party documentation is the City's preferred method of determining income eligibility. Housing staff will verify the income statements of salaried or hourly employees based on information provided on a Verification of Employment and/or an Employment Acceptance Offer signed and dated from the employer on letterhead. Any Employment Acceptance Offer must 7 state the date in which employment shall commence, the salary, and it must be signed by the employer and employee. b. Hourly Employees-The City may rely on Income documentation obtained from the applicant's three most recent paystubs. Base pay income will be calculated by taking the gross year-to-date (YTD) earnings and averaging the income over the number of months employed during the year to obtain the gross monthly income. The gross monthly income will be projected forward at the same level of earnings for 12 consecutive months. Paystubs are considered outdated after 90 days. c. Salaried Employees- Income will be calculated and projected forward by multiplying the bi-weekly gross salary by 26 weeks or the bi-monthly gross salary by 24 pay-periods and adding in the amount earned from annual bonuses, commissions, in-lieu payments, etc... 2. Income from part-time or variable income employees will be calculated as follows: If the applicant has been employed for more than a year, Housing Staff will calculate the gross year-to-date income from the most recent pay stub and average the income over the number of months employed during the year to obtain the gross monthly income. The gross monthly income will be projected forward at the same level of earnings for 12 consecutive months. If the year-to-date income covers less than three months in the current year, City staff may include the average year-to-date earnings from the prior calendar year in addition to the current year if the employee's work schedule has not significantly changed. Any income discrepancies can be verified by multiplying the hourly rate by the average number of hours worked provided on a formal Verification of Employment form from the applicant's employer. 3. Income from overtime, commissions, ongoing stipends, shift differential pay,and other sources will be averaged (using year-to-date earnings) and included in the applicant's gross monthly income. Income that is received in lieu of earnings, despite the temporary nature of such pay(i.e. unemployment,worker's compensation, and severance pay)will also be included as income and projected forward for the next twelve months. Income received from one-time non-recurring bonuses, non-recurring lump-sum payments from the sale of stocks or bonds, stock options, lump sum inheritances, retro-pay, insurance payments, or relocation benefits can be excluded. The non-recurring nature of such income must be documented by a Verification of Employment(e.g. VOE) or from alternate source documentation acceptable to the City. 4. Interest income from investment and capital accounts, such as checking, savings, money market, certificate of deposit accounts, dividend income from mutual fund accounts, stocks, and other income-generating assets must be included in the applicant's income. The income earned from such assets will be calculated at the greater of the actual interest earned or 10% per annum. These amounts will be included in the applicant's household income only when the interest income meets the following criteria: a. The account is considered liquid, and the applicant can withdraw the funds without tax penalty. b. The interest rate earned on the account is variable, and subject to change based on market conditions. 8 Exception: Interest earned from Long term investment accounts with fixed interest rates for periods longer than the coming twelve months shall be calculated at the stated fixed interest rate. Exception: If the applicant is over the age of 70 1/2 years old at the time of application and owns an individual retirement account, the City will add the value of the required minimum distribution amount to the applicants overall income calculation. 5. Current monthly income and annuity payments from retirement accounts, (including social security and pensions),alimony, child-support, and other steady,ongoing sources will be included in the applicant's gross monthly household income calculation. Non-taxable incomes will not"be grossed up" by the City, regardless of other agencies determination of such income. 6. All forms of income from non-applicant spouses and other household members over the age of 18 will be included in the gross monthly income calculation, regardless of the taxability of such income.Annual income from full-time college students will be capped at$480 per annum. 7. Income from seasonal and non-durable part-time jobs such as fishing, coaching, lecturing,test proctoring, day etc.,will be included only when the applicant can reasonably be expected to continue to be employed in the same line of work over the coming twelve months. 8. Income from Self-Employed Homeowners- For self-employed applicants,the following documents may be required by Housing Staff to determine income eligibility and applicants should be prepared to document their projected annual earnings using any or all of the following methods: a. Applicants must provide the most recent 3 years of W-2's and/or 1099's. If the applicant has W-2's or 1099's,deducting business expenses or losses is not allowed. Positive net income from a side business will be added to the applicant's gross income. b. A year-to date profit/loss and income statements prepared and signed by a Certified Public Accountant,with information covered through the last quarter and a letter of explanation,signed and certified by the applicant, stating the anticipated net household income (after deducting business expenses)over the next 12 months;or c. A year-to-date-balance sheet, prepared and signed by a Certified Public Accountant, reflecting the financial position of the business at a specific point in time and a signed letter of explanation regarding the applicant's anticipated net household income(after deducting all allowable business expenses except depreciation)signed and certified by the applicant; or d. Current owner salary documentation and three years of profit/loss statements from partnerships and S Corporations prepared and signed by a Certified Public Accountant; and a signed letter of explanation regarding the applicant's anticipated gross household income over the next 12 months,signed and certified by the applicant. e. In addition to the methods above,the applicant must provide the previous three years of tax returns to verify the consistency of the information being provided, including a 9 Schedule C. For the purpose of self-employed individuals, net income from the operation of a business may be used only it the net income is derived by deducting expenses solely associated with the operation of the business. 9. Income the applicant rents our one or more rooms in his/her primary residence, rental income received must be included in the applicant's household income. Household Size Defined The Household is comprised of ALL individuals who will be occupying the home over the next or upcoming twelve months.The following individuals are not counted as part of the household:foster children, unborn children, children who live with the applicant (parent) less than 50%of the time, and children being pursued for legal custody or adoption who are not yet living with the household at the time of application.A child,who resides with the household at least 50 percent of the time and receives over 50%of the care from the applicant, can be counted as a household member. 1. Any individual listed on the application, must occupy the City-assisted unit as their primary residence.All persons whose names will appear on the deed of trust must also be listed on the application. 2. Household members are people who will occupy the residence full-time.All household members aged 18 or older are required to submit income and asset documentation. Non- income dependents who will be living with the applicant over the coming twelve months and receive over 50% in support from the applicant are eligible household members. If the household member is new to the residence or if they are not claimed on the previous year's tax return; the applicant will be required to submit verifiable evidence that the household member will live with the applicant over the coming twelve months. All letters of explanation provided by the applicant must be signed by the applicant under penalty of perjury. 3. Full-time college students over the age of 18, living away from home, and who continue to receive over half of their support from the applicant, may be considered a household member. Student's income must be counted in the applicant's total income calculation. However, if the student is a head of household or a spouse/domestic partner of the applicant,the student will be required to produce verifiable income documentation. Each adult household member who does not receive income from any source shall be required to submit an Income Affidavit, Letter of Explanation, and Social Security Administration Consent for Release of Information, Request for Verification of Benefits and an Authorization for Release of Records from the Employment Development Department. Tenants and House-sharing - If the owner rents out one or more rooms in their primary residence,the tenant(s) are generally excluded from the inclusion of household size, and their income is not included, if one or more of the following conditions are met: a. The renter/tenant and owner are unrelated and the tenant pays the owner/landlord a monthly or weekly sum of money in exchange for rights to occupy the unit. b. The renter/tenant does not consider the owner a member of his/her family, and receives other government payments or subsidies based on his/her sole household income; or 10 c. The renter/tenant and landlord mutually agree that the relationship among them is one of contract(verbal or written) and they are not legally or socially obligated or tied to the one- another beyond the terms of their rental agreement. Welfare Reform Act and Immigration Status—The City is using Federal funds to assist homeowners.As such, all federally funded loans are subject to verification requirements of the Welfare Reform Act (WRA).To be eligible for benefits under the WRA, all household members must be a U.S. Citizen, a U.S. non-citizen national, or a "qualified alien". A"qualified alien" is: a. An alien lawfully admitted for permanent residence under the immigration and Nationality Act (INA); b. An alien granted asylum under section 208 of INA; I. A refugee admitted into the U.S. under section 207 of the INA;4. An alien paroled into the U.S. under section 212(d)(5) of the INA for at least one year; II. An alien whose deportation is being withheld under section 243(h) of the INA as in effect prior to April 1, 1997 or whose removal is being withheld under section 241(b)(3) of the INA; III. An alien granted conditional entry pursuant to section 203(a)(7) of the INA as in effect prior to April 1, 1980; IV. An alien who is Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980; or V. An alien who (for whose child or parent) has been battered or subjected to extreme cruelty in the U.S. and otherwise satisfies the requirements of§431 (c)of the Act. An applicant whose household does not meet the eligibility requirements under the Welfare Reform Act is ineligible for a federally funded City program. Preliminary Approval An initial phone call and an application with the proper documentation of income, proof of ownership (deed), and evidence of mortgage pay history, current year property tax receipt, verification of assets and the approval of the Program Manager are needed prior to the completion of the initial housing inspection. Inspection In order to determine the extent of the emergency repair needed, an inspection of the property is required. A third party independent inspector will be hired by the City to conduct all initial and interim inspections. The inspector will verify that zoning regulations are met and that the building is structurally sound.A copy of the inspection report will be submitted to the Program Manager. Priority will be given to emergency conditions which pose a threat to the health and safety of the residents. Such work may only begin after final approval by Program Manager. Other types of housing Emergency Repair assistance will be addressed according to a level of priority assigned by staff and the amount of funds available. Lead Based Paint Maintenance and repairs will be screened for lead based paint impacts(see Appendices) and projects may be denied due to the impact of lead based paint disturbance. Due to cost and process challenges related to lead based paint,jobs exceeding deminimus levels of paint disturbance may not be undertaken. 11 Regulations: (1) Minor repair and maintenance exception changes to< 6 ft2 per room for interiors, 20 ft2 for exteriors. To qualify,the project cannot involve the use of high dust generating(prohibited) practices or window replacement. (2) Emergency renovations specifically include interim controls performed in response to an elevated blood lead level in a child. (3) Persons performing renovations for compensation in pre-1978 housing may use either Protect Your Family or Renovate Right to comply with the existing requirement to provide a lead hazard information pamphlet to the owners and occupants of target (pre-1978) housing before beginning renovations Work Write-Up &Housing Specifications Once a completed application has been received; applicant eligibility confirmed, and inspection is completed,the job work write-ups with cost estimates will be prepared for every job as directed by the Program Manager.The write-up must support that the proposed work will not exceed the total estimated replacement cost of the repairs. Environmental Review Overview City staff has completed a Tier I Environmental Review which determined through review,that several mandated federal Environmental Acts could be converted to "Categorically Exempt- Not subject to 58.5" for this Emergency Housing Repair Housing Repair Program. As program applications are verified as eligible for expenditure of program funds, City staff will complete the required Tier II Environmental Review for the remaining NEPA regulations: NOTE: NO CONTRACT CAN BE EXECUTED OR ANY WORK CAN BEGIN UNTIL THE ENVIRONMENTAL REVIEW HAS BEEN COMPLETED. HISTORIC PRESERVATION -36 CFR 800 Older residential structures, those of which are most likely to need rehabilitation work, may meet the definition of an "historic property". Federal, State and City regulations and policies dictate that special procedures be followed to ensure that historic resources are preserved and maintained in their original character to the extent possible. The requirements for historic review depend on the sources of funds for rehabilitation or demolition/replacement. It is imperative that the funding source be identified early in the process when work is proposed on an historic property. CDBG regulations require that the State Historic Preservation Officer(SHPO) review and approve any work of a "historic property" (except repainting) pursuant to Section 106 of the National Historic Preservation Act of 1966. At the time that the Inspector initially inspects a property, he/she will determine whether it is an "historic property." Generally, the two threshold criteria for making this determination are that the building either(i) exceeds 50 years in age, and/or(ii) is listed in the state Historic Resources Inventory. (City staff will check the Historic Resources Inventory to determine whether the property is identified as a listed historic property.) If the property is determined to be historic, staff will immediately inform the Program Manager, who will determine the project funding. 12 Should at the conclusion of Tier II Environmental Review determines that the project is able to be converted to exempt status; staff shall document the findings and move the project forward. NOISE ABATEMENT AND CONTROL-24 CFR 51(b) The use of federal funds requires that investments protect citizens against excessive noise in their communities and places of residence. Particular emphasis is placed on compatible land use planning in relation to airports, highways, and other source of high noise. HUD Noise Assessment Guidelines are used when a project site is located within 1,000 feet of a major highway, 3,000 feet of an active railroad line, or 15 miles from a major commercial or military airport. City staff shall evaluate site specific features on a project by project basis; determine noise thresholds by completing the Tier II checklist. Should at the conclusion of Tier II Environmental Review determines that the project is able to be converted to exempt status; staff shall document the findings and move the project forward. TOXIC/HAZARDOUS MATERIALS, CONTAMINATION, CHEMICALS OR GASES-24 CFR 58.5(i)(2) City is required is examine the project to determine if the project is located on or near site that contains hazardous materials or contaminants that could affect the health and safety of occupants or that conflict with the intended utilization of the property. Particular attention to be given to any site located on or in general proximity to landfills, dumps, industrial sites,gas stations or other locations that contain hazardous wastes or materials. Alternatives If the project is determined to require additional investment as a result of a Federal NEPA regulation, the City shall consider alternatives. If the Program Manager determines that the property cannot be rehabilitated for the maximum investment amount,the Director may choose the following alternatives: Reducing the scope of work—The Inspector may reduce the scope of Work to only include critical repairs, Require the applicant to provide funding (if applicant has available funds); and Rejecting the project (see Cancellation Process) Selection of Contractor/Bid Award The City will mail or e-mail requests for bids to all contractors on the "Insured Contractor's List." Applicants should recognize that the City's list of contractors is not an endorsement of those contractors;the list merely signifies that the contractors are adequately insured, have provided references and financial information and meet all program requirements. If the applicant has a preferred contractor who is not on the list,the City will also send a bid request to that contractor. However,all contractors participating in the Emergency Housing Repair Housing Repair 13 Program must meet all program requirements as listed in the Contractor Policy and Procedures. No contractor may bid if he/she is related to the applicant. If deemed necessary by the City Inspector, a mandatory pre-bid walk-through of the house will be scheduled so that all interested contractors may preview the property and have their questions answered. The applicant will be required to accept the lowest responsible bid with certain exceptions. Rejection of the low bidder without cause will result in cancellation of the project; however, after bids are opened, the property owner will have a maximum of five (5) days to qualify the lowest responsible bid. If on the basis of references, or an inability to start work within a reasonable time,the property owner requests to reject the low bidder, he/she may do so in writing. Upon confirmation of the reason for rejection by City staff,the low bidder will be rejected, and the next lowest bidder will be considered. If all bidders are deemed non-responsible,the City will re-bid the project. If the lowest responsible bidder is rejected without verification of non-responsibility, the City will cancel the project. Alternatively,the applicant may choose any contractor if he/she is willing to pay the difference between the selected contractor's bid and the low bidder. The amount of the difference shall be deposited with the City at the time of contract signing. The City reserves the right to rebid if in its sole opinion the bids are above the customary price for such construction work. Customer satisfaction surveys received for previous work with the rehabilitation program may be reviewed at the applicant's request. Any contractor who is excluded from federal procurement or is on HUD's list of Debarred Contractors is not eligible for participating in the program. Contractors must have all debts to the City of Federal Way paid in full. All Contractors must obtain City permits and must possess all licenses required by local and state authorities to perform functions subject to licensing (plumbing, electrical, lead-based paint,etc.). Contractors are expected to fully comply with the Contractor Policies and Procedures. Final Approval An application with the proper documentation, work write-ups, completed Environmental Review, bids, a Notice to Proceed document,and a formal contract between the homeowner and the selected contractor must be reviewed and approved, by the Program Manager, prior to actual rehabilitation or repair. CONTRACT AGREEMENTS All participants in the fmcrgency Housing Repair Housing Repair Program will be asked to attend a closing to sign the work contract between the homeowner and contractor, and the Notice to Proceed issued by the City's Program Manager. HOMEOWNER INSURANCE REQUIREMENTS All homeowners must maintain replacement value hazard insurance on the real property with the City named as additional insured loss/payee. This hazard insurance shall include fire and any other extended coverage that the City reasonably requests. Flood insurance may be required If the home is located in a 14 Special Hazard Flood Area.Staff may require that loan proceeds be used to purchase hazard insurance in order to ensure that the security for the City's loan is adequately protected. CONSTRUCTION For all repair work except designated emergency (determination specifically issued by the Program Manager), the general/sub-contractor, unless prohibited by inclement weather,will begin in accordance with the Project Schedule, submitted as a part of the Contractor's Project Bid, and after a written Notice to Proceed is issued by the City staff and signed by the Program Manager. • Prior to the issuance of the Notice to Proceed, a copy of the original building permit shall be furnished to the Owner,with a copy to the Program Manager. • The Contractor shall pay all sales; consumer use and other taxes required by law and shall secure all permits, fees and licenses necessary for the execution of work under contract. • If the contractor does not commence work by the specified date,the City may cancel the contract and award the work to the next lowest responsive bidder or request re-bidding of the job. • All work shall be satisfactorily completed within a specified time period listed on the Notice to Proceed. • Variations from any work write-up must be documented by a change order. • The contractor is responsible for submitting written change order proposals for approval by the Homeowner and the Program Manger prior to beginning any additional work. • Any work done without written authorization from the Owner and the Program Manager will be the financial responsibility of the Contractor. • Contractors will provide adequate documentation with change orders to justify the changes along with details and costs for each changed item. • Any change orders initiated by the homeowner and carried out by the contractor will be the financial responsibility of the homeowner as well as any liability arising from the change order. • All change orders must be reviewed and signed by the Program Manager before the approved terms are implemented and the contract amount adjusted. Any changes in the original contract requiring additional funds shall—in the following order: 1. Re-prioritize improvements 2. Use additional Program funds (if available up to maximum investment amount) or 3. Owner funds All changes to the original contract shall require Owner and City approval prior to acceptance. BUILDING INSPECTION AND CLOSEOUT The Owner, Program Manager and the Inspector must certify that all work is completed according to work write-ups and applicable codes before disbursement of final payment. In-Progress Construction Inspections The Inspector shall verify that the work in progress meets all program standards, contract requirements, and Housing Code Standards. In-progress Inspections are also required to verify the project is on schedule and meeting project budget.The Inspector may advise the owner or contractor of pertinent 15 codes. However,the Inspector is not responsible for making Building Code or Permitting determinations or to schedule other building or planning inspections. Photo Documentation Throughout the course of the project the Inspector shall document unusual or severe conditions through photographs. Some projects may also require before and after photographs. Completion of Work and Work Payments No payment shall be given to the contractor up front. Due to the small nature of the projects no more than one (1) payment shall be made on each contract job. Prior to submission of final payment for the Inspector and Program Manager's approval, all final payments shall have the Owner endorsed Payment Certificate, final contractor invoice,copy of final Building permits(if applicable), and sub-contractor lien releases, prime contractor lien release and contractor affidavit. Disputed payments If the property owner disputes the contractor payment,the Rehab Inspector may submit grant payments of up to 90%without owner signature or special approval. If the owner is unwilling to sign the final payment on grant-funded projects and the Inspector has made the determination that the contractor has completed the work per the contract and program standards, the Inspector may submit a memo to the Program Manager requesting permission to pay the 100% payment.The Memo will explain project background and the Inspector's determination. For other payment disputes, the Inspector will work with the parties to try and resolve the dispute. If the two parties cannot reach an agreement,the Inspector shall recommend that the contractor remove the disputed portions of the payment from the billing. The contractor can remove the disputed item completely through a Change Order or defer the item until the end of the contract. If the two parties do not come to terms with the dispute they must then seek other options (See Appeals/Grievance). Follow-up/Warranties The contractor will provide a warranty for all work; materials and labor for a period of one [1] year after acceptance of work by the homeowner[5 years for new roofs]. If the contractor does not complete the work within the time frame specified in the work contract, 3%of the contract price may be withheld from the amount to be paid to the contractor for each day that the work is not completed, unless the reasons for the delay are beyond the contractor's control and the homeowner and Program Manager agree. Homeowners are instructed to contact contractors directly concerning warranty items. If the homeowner is unsuccessful in contacting the contractor, he/she may contact the Program Manager. When the Program Manager receives complaints for Emergency Housing Repair Housing Repair warranty items, the Program Manager will coordinate with the contractor to have the complaints resolved. Results of the contractor's action shall be recorded as a part of the rehabilitation file, with copies of all warranty complaints placed in the contractor's file. 16 Miscellaneous 1) The applicant is responsible for approving and accepting the contractor's work. The City accepts no liability for the project. Any warranty of work performed is between the contractor and the applicant and the applicant is responsible to resolve any disputes. The Housing Rehabilitation Office will intervene and take action to remedy warranty requests only in situations that are not addressed in the City of Federal Way Emergency Housing Repair Housing Repair Grievance Procedure. 2) In certain cases a need for warranty work may not be covered by the grievance procedure, or a contractor may be found in default of either a program or contractual requirement, such as failure to maintain his/her insurance, or any other action that has caused their removal from the program and rendered him unable to return to the job site. Although the City was not a party to the construction contract and has no legal requirement to perform any services in such a situation, the CDBG Administrator will, upon request, make specific recommendations regarding repairs or managing the default. The maximum expenditure for warranty work paid by the City due to contractor default will be $500, using CDBG funds. The City will not extend the remaining time on their original warranty. 3) Under normal conditions, eligible participants to the program will be selected on a first-come, first- serve basis. However,the following factors may receive priority in funding: i) Homes with small children or elderly persons. ii) Immediate threats to health or safety. iii) Projects that require alterations due to ADA(Americans with Disabilities Act). 4) It is important that Owner is satisfied with the work done and believes that they have been treated fairly. Accordingly, every effort will be made to see that work is completed according to the work specifications and the applicant's expectations. The applicant should always feel free to contact the Program Manager or City Inspector while construction is underway. The Owner should also understand that it is acceptable to ask questions of the contractor regarding the adequacy or quality of the work being performed. 5) Waivers of any provisions of this policy may be approved by the Program Manager for good cause, and shall be documented in writing. Rights and Responsibilities of the Applicant • Submitting all required documents to determine eligibility for the program; • Making reasonable accommodation to the schedules of the contractor and City staff for the purposes of inspections, completion of work, etc.; • Reviewing, executing, and understanding the approval of housing rehab policy,work description and all contract documents; 17 • Making any and all arrangements if voluntary relocation is necessary; • Organizing, boxing, storing or otherwise remove personal belongings that impede the contractor's ability to perform the work; • Reviewing and approving appropriate invoices during the construction period; • Notifying the contractor and Housing Rehabilitation staff of any concerns during the construction period and during the one-year warranty period; • Participating in the Final Inspection and executing the Final Homeowners Acceptance; • Ask questions to ensure expectations are reasonable and in accordance with the work to occur; • Meeting all terms and conditions of the contracts and liens; • Repaying the loan if the terms are not met. Rights and Responsibilities of the City Staff • Paying the contractor as set forth in the contract and contractor's payment procedure. • Administering the program in a professional manner that ensures maximum effectiveness, efficiency and customer satisfaction. • Communicating with the applicant and the contractor regarding administrative procedures that affect completion of the work on behalf of the applicant; • Communicating with the contractor regarding administrative procedures which may affect the timeliness of his payment, insurance requirements, or inspection schedules; • Making reasonable accommodation with both parties regarding scheduling of inspection; • Documenting project files in compliance with all applicable HUD regulations; • Advising the applicant of City code requirements which may affect the prioritizing of work items; • Clarifying with the applicant the advisability, eligibility, and final results of certain repairs; • Negotiating with the contractor regarding necessary change orders; • Following up with contractors to ensure that necessary warranted work is completed if a complaint is received during the warranty period • Provide the applicant with all necessary information or educational materials needed to ensure that any new systems,equipment,fixtures etc. are properly maintained. 18 Nth, CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue 8003 Federal Way.WA 98003-6325 "'�.../ (253)835-7000 www cityoffederalway corn PROMISSORY NOTE City of Federal Way Housing Repair Program (HRP) LENDER: City of Federal Way, a Municipal corporation 33325 8thAvenue South Federal Way, WA 98003 BORROWER: Homeowner Name, Homeowner(s) HRP RESIDENCE: PRINCIPAL $ AMOUNT: LOAN DATE: , 201 DUE DATE: The earlier of"Default Date" or , 20 In consideration for the mutual undertakings and covenants contained in this Promissory Note (the "Note"), Lender (also referred to hereinafter as the "City") and Borrower agree as follows: 1. Purpose for Loan. Borrower is eligible to participate in Lender's Housing Repair Program ("HRP"), a program to assist eligible homeowners with home repair needs that maybe of an emergency nature due to unforeseen circumstances that require immediate action to protect the health and safety of its occupants, or that will improve the living conditions for the homeowner and enhance the surrounding neighborhood. The program is funded by Community Development Block Grant funds that have been made available to the City. Loan proceeds are being used to fund repairs and improvements at the borrower's principal residence. Borrower's application for a Housing Repair Program loan has been approved and the City is prepared to fund the loan upon Borrower's execution of the "Loan Documents," which include this Promissory Note and a Deed of Trust. 2. Promise to Pay. For value received, on or before the Due Date, Borrower, including its assigns and successors, promises to pay Lender in lawful money of the United States of America, at Lender's principal place of business, or such other place as Lender may designate in writing from time to time, the Principal Amount listed above and, as shall have been advanced by Lender to or on behalf of Borrower under this Note, plus interest (in the event of Default) as provided in this Note. 3. Interest Rate. The unpaid Principal Amount shall bear interest at the rate of Zero Percent (0%) per annum (the "Effective Interest Rate") unless or until a Default. 4. Payments. No payments will be required to be made on the Principal Amount unless or until a Default occurs. In the event of Default, the entire unpaid balance of the Principal Amount as of PROMISSORY NOTE 8/2015 HOUSING REPAIR PROGRAM Page 1 CITY of CITY HALL Federal Way th Avenue 0 y Feder Federal Way.WA 988003 03 -6325 (253)835-7000 www cayoffedera/way corn the date of Default shall immediately become due and payable and interest on the unpaid balance shall commence to accrue at the"Default Interest Rate" on the date of Default. 5. Loan Account. All advances made to or on behalf of Borrower under this Note shall be charged to a loan account in Borrower's name on Lender's books ("Loan Account") and Lender shall debit to Borrower's Loan Account the amount of each advance, and credit the amount of each repayment made by Borrower or"Forgiveness of Debt" granted by Lender. 5.6. Repayment of loan. The loan is due upon sale of the property, quitt claim deed, death of homeowner, or if the Borrower no longer occupies the home as the residence (See default section 8). 6. Forgiveness of Debt. Commencing upon the date on which the Lender issues the last advance of funds to, or on behalf of, Borrower under this Note-(the "Repayment Commencement•9. -" : ' - - - - 9 - - Hundred Percent (100%) of the Principal Amount after the first consecutive twelve month period after the Repayment Commencement Date (a "Repayment Year") that Borrower actually occupies the Residence identified above as Borrower's principal place of residence. If Borrower forgiven and this Note shall be satisfied in full. if-Borrower fails for any reason to live in the Residence for the one (1) Repayment Year, this Note shall be in Default as of the date upon which Borrower no longer resides in the Residence. For purposes of calculating the amount of forgiveness, if any, to which Borrower may be entitled for the Repayment Year in which Borrower vacates the Residence, the amount of forgiveness to which-Borrower would be entitled occupied the Residence in that Repayment Year. 11 III. 6. Forgiveness of Debt. Commencing upon- the date en which the Lender issues the last Date"), Borrower shall be entitled to receive, and Lender shall grant, forgiveness of Fifty Percent (50%) of the Principal Amount-for-each consecutive twelve month period after the Repayment . .. -- --. - 9. - . "' - " : . - . . .. - -- • - - - identified above as Borrower'& principal place of residence. If Borrower resides in the Borrower no longer resides -in the Residence. For purposes of calculating the amount of for that Repayment Year shall be prorated for the number of days that Borrower actually occupied the Residence in that Repayment Year. . I1 III. PROMISSORY NOTE 8/2015 HOUSING REPAIR PROGRAM Page 2 CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue 8003 Federal Way.WA 98003-6325 (253)835-7000 www cityoffederalway corn•9. -" , '1 : - : - • Percent (33%) of the Principal Amount for each consecutive twelve month period after the Residence identified above as borrower's principal place of residence. If Borrower resides in the Residence Tar three (3-) Consecutive Repayment Y-. , -- • - ' - - •.• • - . . • . forgiven and this Note shall be satisfied in full. If : : - : - •• - •• - - Residence for three (3) Repayment Y ars, this Note shall be in Default as of the date upon which Borrower no longer resides in the Residence. For purposes of calculating the amount of forgiveness, if any, to which -Borrower may be entitled for the -Repayment Year in which Borrower vacates the Residence, the amount of forgiveness-to which Borrower would be entitled occupied the Residence in that Repayment Year. . . . . II III. Percent (25%) of the Principal Amount for each consecutive twelve month period after the Residence identified above as Borrower's principal place of residence. If Borrower resides in the Residence for four (4) Consecutive Repayment Year , -- ' - • - •:• • -•: . • • - - . . , , • - - - ! . . . - .. . .. - Borrower no longer resides in the Residence. For purposes of calculating the amount of forgiveness, if any, to which Bo ower entitled for the Repayment Year in which . . • . . • I I 6. Forgiveness of Debt. Commencing upon the date on which the Lender issues the last Date"), Borrower shall be entitled to receive,-and Lender shall grant, forgiveness of Twenty Residence identified above as Borrower's principal place of residence. If Borrower resides in the Residence for five (5) Consecutive Repa . , - • • - ' =- •:• • -- : • • • . Borrower no longer resides in the Residence. For purposes of calculating the amount of forgiveness, if any, to which Borrower may be entitled for the Repayment Year in which for that Repayment Year shall be prorated for the number of days that Borrower actually occupied the Residence in that Repayment Year. PROMISSORY NOTE 8/2015 HOUSING REPAIR PROGRAM Page 3 CITY OF CITY HALL 33325 Federal Way eder l Way, 0nue South 003 y Federal Way,WA 98003-6325 (253)83 www cityof ederalway corn 7. Occupancy/Use. The property cannot be used as a rental home and must be the Borrowers primary residence. 8. Default. Upon the occurrence of any of the following events ("Events of Default" Lender, P Y g ( ), at its option, and without notice to Borrower, may declare the entire unpaid Principa l Amount to be immediately due and payable: a. The Borrower rents out the home during the loan period. See Deed of Trust language 5.1. b. The Borrower fails to comply with City Codes and Land Use regulations. c. The Borrower no longer occupies the Residence as Borrower's primary residence; d. The Borrower sells the Residence or conveys the Residence in lieu foreclosure, or forfeits the Residence in foreclosure,bankruptcy or other insolvency proceeding; e. The Borrower makes, or is deemed to have made, any materially incorrect, false, fraudulent or misleading representation, warranty or certificate to the Lender, or makes, or is deemed to have made, any materially incorrect, false, fraudulent, or misleading representation in any statement or application to Lender in connection with Lender's consideration of Borrower's EHRP application; f. The Borrower defaults under the terms of this Note or the Deed of Trust granted in connection herewith; g. The Borrower is enjoined, restrained or in any way prevented by court order from continuing to reside in the Residence; h. Formal charges are filed against the Borrower under any federal, state or municipal statute, law or ordinance for which forfeiture of the Residence is a potential penalty, or the Residence is in fact so seized or forfeited; i. The Borrower fails to maintain the Residence, commits waste upon the Residence property or allows the Residence or Residence property to become a nuisance; j. The Borrower (1) makes an assignment for the benefit of creditors, (2) consents to the appointment of a custodian, receiver or trustee for itself or for a substantial part of its assets or (3) commences, consents to the commencement or continuation of, or has commenced upon it, voluntarily or involuntarily, any proceeding under any bankruptcy, insolvency or similar laws of any jurisdiction; k. The Borrower defaults under the deed of trust executed in connection with this Note, it being understood and agreed that this Note and the deed of trust shall be interpreted and construed as a single integrated agreement between Lender and Borrower; or 1. The Borrower dies. The term "Default Date" shall mean the date on which an Event of Default has occurred or the date Borrower is no longer entitled to cure the Event of Default under the terms of this Note. 9. Default Interest Rate. Upon the occurrence of any Event of Default, the unpaid Principal Amount balance shall bear interest at the per annum interest rate for judgments provided by Washington law until the Note is satisfied in full. 10. Security. This Note is secured by and relates to a deed of trust of even date encumbering the Residence. PROMISSORY NOTE 8/2015 HOUSING REPAIR PROGRAM Page 4 41kih, CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www cityoffederahvay com 11. Default Remedies. Upon the occurrence of any Event of Default, Lender shall have and may exercise any one or more of the rights and remedies provided in this Note and the deed of trust relating to this Note. The remedies provided in this Note and deed of trust are cumulative to the full extent provided by law. 12. Application of Payments. All payments received on this Note shall first be applied against accrued and unpaid interest and "Costs and Fees" owed to Lender under this Note, and the balance against unpaid Principal Amount. Borrower expressly assumes all risks of loss or delay in the delivery of any payments made by mail, and no course of conduct or dealing shall affect Borrower's assumption of these risks. 13. Costs and Fees. Borrower agrees to pay all of Lender's costs incurred in the collection, modification, review, monitoring, or termination of this Note, including actual attorney fees and those incurred in any foreclosure,bankruptcy, or other similar insolvency proceeding. 14. No Waiver. Acceptance by Lender of any payment in an amount less than the amount then due shall be deemed an acceptance on account only, and Lender's acceptance of any such partial payment shall not constitute a waiver of Lender's right to receive the entire amount due. 15. Consent. Borrower hereby jointly and severally (i) waives presentment for payment, demand, notice of non-payment, notice of protest or protest of this Note, (ii) waives Lender's diligence in collection or bringing suit, and (iii) waives consent to any and all extensions of time, renewals, waivers or modifications as may be granted by Lender with respect to payment or any other provisions of this Note. The liability of the Borrower under this Note shall be absolute and unconditional, without regard to the liability of any other party. 16. Governing Law and Venue. This Note shall be interpreted, construed and governed by, and in accordance with, the laws of the State of Washington. Venue for any action commenced by Borrower or Lender to interpret or enforce this Note or the deed of trust shall be in the Superior Court of the State of Washington, For King County, at the Maleng Regional Justice Center, Kent, Washington. 17. Entire Agreement. Except as otherwise expressly provided in this Note, this Note and the deed of trust constitute the entire agreement of the Borrower and the Lender relating to its subject matter. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. PROMISSORY NOTE 8/2015 HOUSING REPAIR PROGRAM Page 5 CITY OF CITY HALL Federal Way 8th Avenue S0 y Feder Federal Way.WA 98003 03 -6325 (253)835-7000 www cityoffederaiway corn Agreed to and accepted by: LENDER: CITY OF FEDERAL WAY ATTEST: Jim Ferrell, Mayor City Clerk, Stephanie Courtney, CMC APPROVED AS TO FORM: City Attorney, Amy Jo Pearsall BORROWER(S): Signature Signature FILL IN THE HOMEOWNER NAME FILL IN THE HOMEOWNER NAME Printed Name Printed Name STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me,FILL IN THE HOMEOWNER NAME(S),to me known to be the individual(s) described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of ,20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires PROMISSORY NOTE 8/2015 HOUSING REPAIR PROGRAM Page 6 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Federal Way 33325 8'"Ave S Federal Way,WA 98003-6325 Attn:Jeri-Lynn Clark DEED OF TRUST Property Address:[Insert Address] Grantor(s): [Insert Last Name,First Name,M.I.] Beneficiary: CITY OF FEDERAL WAY,a Washington Municipal Corporation Property Legal Description (abbreviated): e.g. .Lot 18, State Plat, Section 16, T 21 N, R 4 E, WM. Complete Legal Description indicated below. Assessor's Tax Parcel ID#(s):.e.g.797820-0090 THIS DEED OF TRUST IS DATED , 20_,between (referred to below as"Grantor"),whose address is , Federal Way,WA 98_; CITY OF FEDERAL WAY, whose address is 33325 8th Ave S, Federal Way, WA 98003 (referred to below as "Lender"); and First American Title whose mailing address is 33600 6`s Ave S#105,Federal Way,WA 98003(referred to below as"Trustee"). 1. CONVEYANCE AND GRANT.For valuable consideration,Grantor irrevocably grants, bargains,sells and conveys to Trustee in trust,with power of sale and for the benefit of Lender as Lender,all of Grantor's estate,rights,title and interest,now owned or hereafter acquired,in and to the following real property located at [insert Property address] in King County, Washington, and legally described below, together with all existing or subsequently erected or affixed buildings,improvements and fixtures;all easements,rights of way,and appurtenances;all water, water rights and ditch rights(including stock in utilities with ditch and irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals,oil,gas,geothermal and similar matters(collectively"Real Property"). The Real Property legal description is: (STAFF:Type full legal description here or Legal description of property attached hereto as Exhibit"A"and incorporated herein by reference.) 2. DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust. Terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code.All references to dollar amounts shall mean amounts in lawful money of the United States of America. • Deed of Trust means this Deed of Trust among Grantor,Lender,and Trustee. • Grantor means any and all persons and entities executing this Deed of Trust, including without limitation[insert names of all grantors]. • Improvements means and includes without limitation all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. • Indebtedness means indebtedness of Grantor to Lender, including all principal and interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses incurred by Trustee or Lender to enforce obligations of Grantor under this Deed of Trust,together with interest on such amounts as provided in this Deed of Trust. The word "Indebtedness" also includes all renewals, modifications, extensions,future advances or increases in the amount of the Note. 1 • Lender means the City of Federal Way,its successors and assigns. • Note means the Promissory Note dated, , in the original principal amount of $ from Grantor to Lender, together with all renewals, extensions, modifications, refinancing,and substitutions for this Note. • Property means collectively the Real Property. • Real Property means the property,interests and rights described above in the"Conveyance and Grant"section. • Related Documents means and includes without limitation all promissory notes, Housing Repair Program applications and disclosures, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. • Trustee means First American Title and any substitute or successor trustees. THIS DEED OF TRUST IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS DEED OF TRUST AND OTHER RELATED LOAN DOCUMENTS. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS. 3. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note,this Deed of Trust,and the Related Documents. 4. FORBEARANCE BY LENDER NOT A WAIVER.Extension of the time for payment or modification of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Grantor shall not operate to release the liability of the original Grantor or Grantor's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify the sums secured by this Deed of Trust by reason of any demand made by the original Grantor or Grantor's successors of interest.Any forbearance by Lender in exercising any right or remedy as provided in the Note or otherwise shall not be a waiver of or preclude the exercise of any right or remedy. 5. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: 5.1 Possession and Use. Grantor shall occupy, establish and use the Property as Grantor's principal residence for a minimum of 12 continuous months prior to and at the time of execution of this Deed of Trust.The Grantor acknowledges that this Property is subject to certain land use and occupancy requirements,as provided in the Second Promissory Note which shall be executed concurrently with the Deed of Trust. The Second Promissory Note restricts the Grantor's ability to rent the Property. 5.2 Duty to Maintain. Grantor shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. 5.3 Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent of Lender. As a condition to the removal of any Improvements, Lender may require Grantor make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. 5.4 Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interest and to inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Lender shall give Grantor notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 5.5 Forfeiture Action. Grantor shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in the forfeiture of the Property or otherwise materially impair the lien credited by this Deed of 2 Trust.Grantor may cure such a default and reinstate,as provided in paragraph 13.11,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination, precludes forfeiture of the Grantor's interest in the Property or other material impairment of the lien created by this Deed of Trust. 5.6 False Application. Grantor shall be in default if Grantor, during the application process or during the period governed by the Housing Repair Program,gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning(i)Grantor's occupancy of the Property as a principal residence,and (ii)Grantor's income;. 5.7 Hazardous Substances. Grantor shall not cause or permit the presence, use, disposal,storage,or release of any Hazardous Substances on or in the Property.Grantor shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. 5.8 Environmental Cleanup. Grantor shall promptly comply with all statutes, regulations, and ordinances which apply to Grantor or to the Property and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction which Grantor is bound by, relating to the use, collection, storage, treatment, control, removal or cleanup of hazardous or toxic substances in, on or under the Property or in, on or under any adjacent property that becomes contaminated with hazardous or toxic substances as a result of construction,operations or other activities on,or the contamination of,the Property,at Grantor's expense. Lender may,but is not obligated to,enter upon the Property and take such actions and incur such costs and expenses to effect such compliance as it deems advisable to protect its interest as Lender; and whether or not Grantor has actual knowledge of the existence of hazardous or toxic substances in,on or under the Property or any adjacent property as of the date hereof, Grantor shall reimburse Lender prior to Lender acquiring title to the Property through foreclosure or deed in lieu of foreclosure,in connection with such compliance activities. 5.9 Duty to Protect. Grantor agrees neither to vacate, abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property as Grantor's principal residence are reasonable necessary to protect and preserve the Property. 5.10 Agricultural Use. Grantor agrees that the Property is not used principally or primarily for agricultural or farming purposes. 6. SALE OR TRANSFER.The following provisions relating to the sale or transfer of the Property are a part of this Deed of Trust. 6.1 Transfer of Property. If the Property or any part thereof, or any interest of the Grantor therein, is sold, leased or otherwise transferred, including any voluntary or involuntary transfer,or transfer by operation of law,upon death of the Borrower or the Borrower ceasing to physically occupy the property as Borrower's principal residence, excluding however (a) the creation of a lien or encumbrance on the property subordinate to the Deed of Trust, (b) the creation of a purchase money security interest for household appliance,or(c)a transfer by gift, devise,descent or operation of law to a surviving spouse or child(ren)of an individual Borrower who expressly assumes this Deed of Trust and the Note secured by this Deed of Trust,or a to a co-borrower if the Borrower is more than one individual, then Lender may declare all sums secured by the Deed of Trust immediately due and payable. This provision shall apply to each and every sale, transfer, conveyance or encumbrance, regardless of whether or not Lender has consented or waived its rights, whether by action or inaction, in connection with any previous sale,transfer,conveyance or encumbrance,whether one or more. 6.2 Grantor Notice. If Lender exercises this option, Lender shall give Grantor and any Senior Lien Holder(s)prior written notice of acceleration.This notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Grantor must pay all sums secured by this Deed of Trust. If Grantor fails to pay these sums prior to the expiration of this period,Lender may invoke any remedy permitted by this Deed of Trust without further notice or demand on Grantor. 3 6.3 Senior Lien Holder(s) Notice. Notwithstanding Lender's right to invoke any remedy hereunder,Lender agrees that is will not commence foreclosure proceedings or accept a deed in lieu of foreclosure, or exercise any other rights or remedy hereunder until it has given any Senior Lien Holder(s)at least 60 days'prior written notice. 7. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Deed of Trust. 7.1 Payment. Grantor shall pay when due(and in all events prior to delinquency)all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property,and shall pay when due all claims for work done on or for services rendered or material furnished to the Property.Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. 7.2 Evidence of Payment.Grantor shall,upon demand,furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the property. 7.3 Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced,any services are furnished,or any materials are supplied to the Property,if any mechanic's lien,materialmen's lien,or other lien could be asserted on account of the work,services,or materials.Grantor will,upon request of Lender,furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. 8. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. 8.1 Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurance value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause,and with a standard mortgagee clause in favor of Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form reasonably satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten(10)days'prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property at any time become located in an area designated by the Director of the Federal Emergency Management Agency(FEMA)as a special flood hazard area,Grantor agrees to obtain and maintain Federal Flood Insurance for the full unpaid principal balance of the loan, up to the maximum policy limits set under the National Flood Insurance Program,or as otherwise required by Lender,and to maintain such insurance for the term of the loan. 8.2 Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds$5,000.00. Lender may make proof of loss if Grantor fails to do so within fifteen(15)days of the casualty.Upon the election of Lender, Lender may receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness,payment of any lien affecting the Property,or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner reasonably satisfactory to Lender.Lender shall,upon satisfactory proof of such expenditure,pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust,then to pay accrued interest,and the remainder,if any,shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid without interest to Grantor as Grantor's interest may appear. 8.3 Unexpired Insurance at Sale.Any unexpired insurance shall inure to the benefit of,and pass to,the purchaser of the Property covered by this Deed of Trust at any trustee's sale 4 or other sale held under the provisions of this Deed of Trust,or at any foreclosure sale of such Property. 8.4 Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (a)the name of the insurer; (b)the risks insured; (c)the amount of the policy; (d)the property insured, the then current replacement value of such property, and the manner of determining that value; and(e)the expiration date of the policy. Grantor shall,upon request of Lender, have an independent appraiser reasonably satisfactory to Lender determine the cash value replacement cost of the Property. 9. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Deed of Trust, or if any action or proceeding is commenced that would materially affect Lender's interests in the Property,Lender on Grantor's behalf may,but shall not be required to, take any action that Lender reasonably deems appropriate. Any amount that Lender expends in so doing will bear interest at the rate provided for in the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses, at Lender's option, will (a)be payable on demand, (b)be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either(i)the term of any applicable insurance policy or(ii)the remaining terms of the Note, or(c)be treated as a balloon payment which will be due and payable at the Note's maturity. This Deed of Trust also will secure payment of these amounts.The rights provided for in this paragraph shall be in addition to any other rights or remedies to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. 10. COMPLIANCE WITH LAWS.Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. 11. CONDEMNATION.The following provisions relating to condemnation proceedings are a part of this Deed of Trust. 11.1 Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or,by any proceeding or purchase in lieu of condemnation,Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property.The net proceeds of the award shall mean the award after payment of all reasonable costs,expenses,and attorneys' fees incurred by the Trustee or Lender in connection with the condemnation,and subject to the terms of the First Mortgage or Deed of Trust. 11.2 Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice all at Grantor's expense, and Grantor will deliver or cause to be delivered to Lender such instruments as may be requested by it from time to time to permit such participation. 11:3 Abandonment. If the Property is abandoned by Grantor, or if, after notice by Lender to Grantor that the condemner offers to make an award or settle a claim for damages,and Grantor fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums security by this Deed of trust,whether or not then due. 12. DEFAULT.Each of the following, at the option of the Lender shall constitute an event of default("Event of Default")under this Deed of Trust: 12.1 Default on Indebtedness.Failure of Grantor to make any payment when due on the Indebtedness or failure to perform any material obligation under the Note. 5 12.2 Default on Other Payments.Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent failing of or to effect discharge of any lien. 12.3 False Statements. Any warranty,representation, or statement made or furnished to Lender by or on behalf of Grantor under this Deed of Trust,the Note or any Housing Repair Program application or disclosure document is false or misleading in any material respect,either now or at the time made or furnished. 12.4 Defective Collateralization.This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral documents to create a valid and perfected security interest or lien)at any time and for any reason. 12.5 Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings,whether by judicial proceeding,self-help,repossession or any other method,by any creditor of Grantor or by any governmental agency against any of the Property. However, this subsection shall not apply in the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure or forfeiture proceeding, provided that Grantor give Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to Lender. 12.6 Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender, including but not limited to the Note,that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender,whether existing now or later. 13. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter,Trustee or Lender,at its option,may exercise any one or more of the following rights and remedies,in addition to any other rights or remedies provided by law: 13.1 Accelerate Indebtedness. Lender shall have the right at its option to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. 13.2 Foreclosure.With respect to all or any part of the Real Property,the Trustee shall have the right to exercise its power of sale and to foreclose by notice and sale,and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. 133 Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding or pending foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. 13.4 Tenancy at Sufferance.If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall at Lender's option either(a)pay a reasonable rental for the use of the Property,or(b)vacate the Property immediately upon the demand of Lender. 133 Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or by law. 13.6 Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Property or of the time after which any private sale or other intended disposition of the Property is to be made.Reasonable notice shall mean notice given at least ten (10)days before the time of the sale or disposition. 6 13.7 Sale of Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshaled. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately,in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. 13.8 Waiver,Election of Remedies.A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy provided in this Deed of Trust, the Note, in any Related Document, or provided by law shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust after failure of Grantor to perform shall not affect Lender's right to declare a default and to exercise any of its remedies. 13.9 Attorney's Fees,Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust,Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorney's fees at trial on any appeal. Whether or not any court action is involved,all reasonable expenses incurred by Lender which in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law,Lender's attorney's fees whether or not there is a lawsuit,including attorney's fees for bankruptcy proceedings(including efforts to modify or vacate any automatic stay or injunction), appeals and any anticipated post judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'reports,appraisal fees,title insurance,and fees for the Trustee,to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. 13.10 Rights of Trustee.Trustee shall have all of the rights and duties of Lender as set forth in this Section. 13.11 Grantor's Right to Reinstate. If Grantor meets certain conditions,Grantor shall have the right to have enforcement of this Deed of Trust discontinued at any time prior to the earlier of(a)five(5)days,or such other period as applicable law may specify for reinstatement, before sale of the Property pursuant to any power of sale contained in this Deed of Trust;or(b) entry of a judgment enforcing this Deed of Trust.Those conditions are that the Grantor:(a)pays Lender all sums which then would be due under this Deed of Trust and the Note as if no acceleration had occurred; (b)cures any default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Deed of Trust, including, but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's rights in the Property and Grantor's obligation to pay the sums secured by this Deed of Trust shall continue unchanged. Upon reinstatement by Grantor, this Deed of trust and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 5. 14. POWERS AND OBLIGATIONS OF THE TRUSTEE. The following provisions relating to the powers and obligation of Trustee (pursuant to Lender's instructions) are part of this Deed of Trust. 14.1 Powers of Trustee.In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a)join in preparing and filing a map or plat of the Real Property,including the dedication of streets or other rights to the public;(b)join in granting any easement or creating any restriction on the Real Property; and(c)join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. 14.2 Obligations to Notify.Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless required by applicable law, or unless the action or proceeding is brought by Trustee. 7 14.3 Trustee.Trustee shall meet all qualifications required for trustee under applicable law. In addition to the rights and remedies set forth above with respect to all or any part of the Property,the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. 14.4 Successor Trustee. Lender,at Lender's option,may from time to time appoint a successor trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the office of the recorder for the County in which the Real Property is located. The successor trustee, without conveyance of the Property, shall succeed to all the title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. 15. NOTICES TO GRANTOR AND OTHER PARTIES. Subject to applicable law, and except for notice required or allowed by law to be given in another manner,any notice under this Deed of Trust shall be in writing, may be sent by telefacsimile (unless otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, if mailed, shall be deemed effective when deposited in the United States mail first class, certified or registered mail, postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust.Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties,specifying that the purpose of the notice is to change the party's address.All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Nothing contained in this Section 15, shall be interpreted or construed as consent of Lender to Grantor's change of residence or a waiver of Grantor's promise and obligation to occupy of the Property. 16. MISCELLANEOUS PROVISIONS.The following miscellaneous provisions are a part of this Deed of Trust: 16.1 Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire and final understanding and agreement of the parties as to the matters set forth in this Deed of Trust.No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties should be to be charged or bound by the alteration or amendment. 16.2 Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender in the State of Washington.This Deed of Trust shall be governed by and construed in accordance with the laws of the State of Washington. 16.3 Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. P� Y �'P 16.4 Merger.There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. 16.5 Successors and Assigns Bound; Joint and Several Liability; Co-signers.The covenants and agreements of this Deed of Trust shall bind and benefit the successors and assigns of Lender and Grantor, subject to the provisions of paragraph 6. Grantor's covenants and agreements shall be joint and several.Any Grantor who co-signs this Deed of Trust,but does not execute the Note: (a) is co-signing this Deed of Trust only to mortgage, grant and convey the Grantor's interest in the Property under the terms of this deed of Trust; (b) is not personally obligated to pay the sums secured by this Deed of Trust; and (c) agrees that Lenders and any other Grantor may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Deed of Trust or the Note without the Grantor's consent. All obligations of Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and every Grantor.This means that each of the persons signing below is responsible for all obligations in this Deed of Trust. 16.6 Severability.If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible,any such offending provision shall be deemed to be modified to be within the limits of 8 enforceability or validity;however,if the offending provision cannot be so modified,it shall be stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable. 16.7 Successor and Assigns. Subject to the limitations stated in this Deed of Trust on transfer of Grantor's interest,this Deed of Trust shall be binding upon and inure to the benefit of the parties,their successors and assigns.If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor,may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. 16.8 Grantor's Copy.Grantor shall be given a copy of the Note,of this Deed of Trust. 16.9 Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust(or under the Related Documents)unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right.A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision.No prior waiver by Lender,not any course of dealing between Lender and Grantor,shall constitute a waiver of any of Lender's rights or any of Grantor's obligations as to any future transactions. Whenever consent by Lender is required in this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required. 16.10 Applicability. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, legatees, administrators, executors,successors and assigns.The term Lender shall mean the holder and owner of the Note secured hereby,whether or not named as Lender herein. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR(S): Signature Signature FILL IN THE HOMEOWNER NAME FILL IN THE HOMEOWNER NAME Printed Name Printed Name STATE OF WASHINGTON ) )ss. COUNTY OF ) On this day personally appeared before me,FILL IN THE HOMEOWNER NAME,to me known to be the individual(s) described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seat this day of ,20 . Notary Signature Notary Printed Name Notary Public in and for the State of Washington. My commission expires 9 EXHIBIT A LEGAL DESCRIPTION Insert Legal Description Here - Only needed if referenced Exhibit A in Legal Description on Page 1. 10 COUNCIL MEETING DATE: October 20,2015 ITEM#: 5f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION(WTSC)TARGET ZERO TEAM(TZT) INTERAGENCY FUNDING AGREEMENT 2015-2016. POLICY QUESTION: Should the City of Federal Way accept$23,900.00 in funds from the WTSC to conduct high visibility enforcement traffic safety emphasis patrols in support of TZT objectives? COMMITTEE:PARKS,RECREATION,HUMAN SERVICES&PUBLIC MEETING DATE: 10/13/2015 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. Interagency Agreement with WTSC 3. Acknowledgement of WTSC Grant Requirements Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATIO . MAYOR APPROVAL: � ? - D RECTOR APPROVAL: tte Co ne Cou cil ` f/5 Initial CHIEF OF STAFF: 3 VI?t �J� `�� 44( ►.und COMMITTEE RECOMMENDATION: "I move to forward the proposal to accept funding in the amount of $23,900.00 from the Washington Traffic Safety Commission for traffic safety emphasis patrols, to the October 20, 2015, City Council Consent Agenda. " AAA-e`-' Committee Chair Committee Me ber Committee Member PROPOSED COUNCIL MOTION: "I move approval of the request to accept funding in the amount of $23,900.00 from the Washington Traffic Safety Commission for traffic safety emphasis patrols 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: October 13, 2015 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: Washington Traffic Safety Commission(WTSC) Target Zero Team(TZT) Interagency Funding Agreement 2015-2016. Background The Federal Way Police Department is an active member of the regional WTSC TZT enforcement emphasis. The FWPD utilizes funds provided by the WTSC to conduct enforcement mobilizations throughout the year. These mobilizations include Holiday DUI patrols, U text U drive U pay patrols, Click it or Ticket patrols, Cell Phone patrols, and Summer DUI patrols. For the past several years, FWPD has been and continues to be a statistical leader for these sponsored enforcement activities in south King County. With the implementation of the "Nick and Derek DUI and Distracted Driving Enforcement Project"the City of Federal Way continues to lead by example. Acknowledging the threat to our community when people drive while intoxicated or distracted, the city funded this program over and above the funding received from the WTSC in order to make our streets safer. Proposal The WTSC has recognized the efforts of Federal Way Police Depai tment to be a leader in traffic safety for south King County and wishes to provide $23,900.00 in funding to conduct high visibility enforcement traffic safety emphasis patrol for the 2015-2016 state fiscal year. These patrols would include impaired driving enforcement, distracted driving enforcement, seat belt enforcement, speed enforcement, and motorcycle enforcement patrols. I propose we accept the funding from the WTSC and continue to lead by example as it relates to traffic safety in South King County and the City of Federal Way. 1 INTERAGENCY AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT is made and entered into by and between the Federal Way Police Department, hereinafter referred to as"AGENCY," and the Washington Traffic Safety Commission, hereinafter referred to as"WTSC." THE PURPOSE OF THIS AGREEMENT is to provide funding for the Federal Way Police Department to conduct multijurisdictional, high visibility enforcement(HVE)traffic safety emphasis patrols(as outlined in Exhibit A), in support of Target Zero priorities. The Target Zero Manager(TZM) and/or Law Enforcement Liaison (LEL)assigned to the AGENCY's county shall coordinate the Scope of Work as outlined below with the goal of reducing traffic related deaths and serious injuries. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK The AGENCY shall conduct specific HVE patrols as described in the Statement of Work attached as Exhibit A and as coordinated by the local TZM and/or LEL. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence on October 1, 2015 and remain in effect until September 30, 2016 unless terminated sooner, as provided herein. COMPENSATION AND CONDITIONS Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the Statement of Work will not exceed $23,900.00. Funds break down into the following enforcement overtime categories: Impaired Driving Patrols: $11,000.00 p 9 $ Grant Award # MAP-21 Section 405d; CFDA# 20.616 Statewide Seat Belt Patrols: $1400.00 Grant Award # MAP-21 Section 405b; CFDA#20.616 Statewide Distracted Driving Patrols: $1500.00 Grant Award # Section 402; CFDA#20.600 Flex Funding: $5000.00 (Local DUI, Speed, Distracted, and Seat Belt Patrols) Grant Award # Section 402; CFDA#20.600 Grant Award # MAP-21Section 405d; CFDA#20.616 Motorcycle Safety: $5000.00 Grant Award # Section 402; CFDA#20.600 1 These funds shall not be commingled and are only to be utilized for the specified emphasis area. SWV 0015957-00 (Agency) Statewide Vendor Number PARTICIPATION REQUIREMENTS AND CONDITIONS: For each of the emphasis patrols listed above, Multiiurisdictional High Visibility Enforcement Protocols, as outlined in Exhibit B of this document, will be followed. Exceptions to these protocols may only be provided by the WTSC Program Manager. Standardized Field Sobriety Testing (SFST) Training Requirement The AGENCY certifies that all officers participating in traffic safety emphasis patrols are SFST trained. To meet this requirement: • Officer must be BAC certified and have passed the SFST refresher training within the prior three years, or • Officer must have successfully completed Advanced Roadside Impaired Driving Enforcement(ARIDE), or • Officer must be a certified Drug Recognition Expert. SHIFT LENGTH: The AGENCY will not schedule individual officer overtime shifts for longer than eight hours. (WTSC understands there may be instances when more than eight hours are billed because of DUI processing, etc.) RESERVE OFFICERS: The AGENCY certifies that any reserve officer for whom reimbursement is claimed has exceeded his/her normal monthly working hours when participating in this emphasis patrol and is authorized to be paid the amount requested. Reserve officers may only be paid at the normal hourly rate and not at the 1.5 overtime rate. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for work on this project providing Agency has received prior approval from the designated TZM. ALLOWABLE COSTS: The AGENCY will provide commissioned law enforcement with appropriate equipment(vehicle, radar, PBTs etc.)to participate in the emphasis patrols. WTSC will reimburse for overtime at 1.5 times officer's normal rate plus AGENCY's contributions to employee benefits including FICA, Medicare, Worker's Compensation and unemployment. The total cost of salary and benefits shall not be exceeded in any one funding category and funds may not be commingled between campaign areas. 2 PERFORMANCE STANDARDS Participating law enforcement officers are required to make a minimum of 3 self-initiated contacts per hour of enforcement. Some violator contacts may result in related, time-consuming activity. This activity is reimbursable. Other activities, such as collision investigation or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. BILLING PROCEDURE The AGENCY shall submit invoices for reimbursement with supporting documentation to WTSC monthly. All invoices for reimbursement shall be submitted using the A-19 attached as Exhibit C or its pre-approved equivalent. Payment to the AGENCY for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, must be received by WTSC no later than July 31. All invoices for goods or services performed on or prior to September 30, must be received by WTSC no later than November 15. Claims for reimbursement must include: a. Invoice Voucher(A19 Form). 1) Agency identified as the"Claimant" 2) Statewide Vendor Number 3) Federal Tax ID# 4) Original signature of the agency head, command officer or contracting officer, and 5) Other information denoted by arrows on the form. b. Payroll support documents(WTSC Proof Of Overtime Form, signed overtime slips, or other agreed upon payroll documentation.) c. Emphasis Patrol Activity Logs showing 3 or more self-initiated contacts per hour. The Invoice Voucher(A19 Form), payroll supporting documents, and Emphasis Patrol Activity Logs shall be submitted to the appropriate TZM or LEL for review and approval. The TZM will forward these documents to WTSC for processing and payment. OVERTIME REPORTING The AGENCY agrees to have all personnel who work HVE patrols complete officer Emphasis Patrol Activity Logs and submit to the local TZM or LEL within 48 hours of the end of all shifts worked. These same logs will also be part of the required back-up attached to reimbursement requests as outlined above (detailed above.) ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this contract shall be made by the WTSC. 3 AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual 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. Upon agreement by the AGENCY and the local TZM, allocation categories may be increased or decreased without amending this agreement PROVIDED THAT the increase in the allocation does not exceed 50% of the original agreed amount for the specific category. Any increase in allocation exceeding 50%will require an amendment to this document. STATE AND FEDERAL TERMS AND CONDITIONS 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. 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 party, which consent shall not be unreasonably withheld. The AGENCY shall provide the WTSC a copy of all third-party contracts and agreements entered into for purposes of fulfilling the Statement of Work outlined in Exhibit A. All third-party awards must allow for the greatest practical competition in accordance with applicable procurement rules and procedures. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. BUY AMERICA ACT The AGENCY will comply with the provisions of the Buy America Act(49 U.S.C. 5323(j)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The AGENCY shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this contract, except with prior written consent of the WTSC, or as may be required by law. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of OMB 2 CFR Part 225 and 49 CFR Part 18 for state and local agencies, OMB Circulars A-21 and A-110 for educational 4 institutions, and OMB Circular A-122 for nonprofit entities. The AGENCY shall not utilize Federal grant funds to replace routine and/or existing State or local expenditures; or utilize Federal grant funds for costs of activities that constitute general expenses required to carry out the overall responsibilities of State, local, or Federally-recognized Indian tribal governments. COVENANT AGAINST CONTINGENT FEES The AGENCY warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the AGENCY for the purpose of securing business. The WTSC shall have the right, in the event of breach of this clause by the AGENCY, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 1. By signing and submitting this proposal, the AGENCY(hereinafter in this section referred to as"prospective lower tier participant") is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 5 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. DRUG-FREE WORKPLACE In accordance with the Drug-Free Workplace Act of 1988(41 USC 8103 and 42 USC 12644), the AGENCY shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and shall specify the actions that will be taken against employees for violation of such provision. The AGENCY shall establish a drug-free awareness program and require that employees provide notification of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such incident. The AGENCY shall notify WTSC within ten days after such notification by an employee engaged in the performance of the grant. Within 30 days, the AGENCY will take appropriate personnel action against such employee, up to and including termination, and require the employee to participate satisfactorily in a drug 6 abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law enforcement, or other appropriate agency. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA) In accordance with FFATA, the AGENCY shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity if: (i) the entity in the preceding fiscal year received— I. 80 percent or more of its annual gross revenues in Federal awards; II. $25,000,000 or more in annual gross revenues from Federal awards; and (ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986; FEDERAL LOBBYING The undersigned certifies, to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. GOVERNANCE 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. 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; 7 b. Terms and Conditions of this agreement; c. Any Amendment executed under this Contract; d. Any Statement of Work executed under this Contract; and e. Any other provisions of the agreement, including materials incorporated by reference. INCOME Income earned by the AGENCY with respect to the conduct of the Statement of Work(e.g. sale of publications, registration fees, service charges) must be accounted for and income applied to project purposes or used to reduce project costs. INDEMNIFICATION To the fullest extent permitted by law, the AGENCY shall indemnify, defend, and hold harmless state, agencies of state and all officials, agents and employees of state, from and against all claims for injuries or death arising out of or resulting from the performance of the Contract. The AGENCY's obligation to indemnify, defend, and hold harmless includes any claim by the AGENCY's agents, employees, representatives, or any subAGENCY or its employees The AGENCY expressly agrees to indemnify, defend, and hold harmless the state for any claim arising out of or incident to AGENCY's or any subAGENCY's performance or failure to perform the Contract. The AGENCY's obligation to indemnify, defend, and hold harmless the state shall not be eliminated or reduced by any actual or alleged concurrent negligence of state or its agents, agencies, employees and officials. The AGENCY waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless state and its agencies, officials, agents or employees. 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. LICENSING, ACCREDITATION AND REGISTRATION The AGENCY shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this contract. NONDISCRIMINATION The iJ I comply with all Federal statutes and implementing regulations relating to nondiscrimi 4tion .TThese include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990(Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107),which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L.100-259), which requires Federal-aid recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; 8 (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s)which may apply to the application. In the event the CONTRACTOR is in non-compliance or refuses to comply with any nondiscrimination law, regulation, or policy, this Agreement may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the WTSC. The CONTRACTOR shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. POLITICAL ACTIVITY(HATCH ACT) The AGENCY will comply with provisions of the Hatch Act(5 U.S.C. 1501-1508)which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. 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 the 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 years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. 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. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. 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. RIGHT OF INSPECTION The AGENCY shall provide right of access to its facilities to the WTSC, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. 9 The AGENCY shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996(HIPAA)or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The AGENCY shall upon request make available to the WTS and the U.S. Secretary of the Department of Health & Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this contract. RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be "works for hire"as defined by the U.S. Copyright Act and shall be owned by the WTSC and the State Of Washington. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the AGENCY hereby irrevocably assigns all right, title, and interest in data, including all intellectual property rights, to the WTSC effective from the moment of creation. 9 P P Y 9 Data shall include, but not be limited to data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The AGENCY may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications(written, visual, or sound)contain acknowledgment of the support provided by the National Highway Traffic Safety Administration (NHTSA)and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. SAVINGS In the event funding from state,federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the WTSC may terminate the contract under the "Termination for Convenience" clause, without the ten day notice requirement, subject to renegotiation at the WTSC's discretion under those new funding limitations and conditions. 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. STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect(e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State 10 practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. TAXES All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the AGENCY or its staff shall be the sole responsibility of the AGENCY. TERMINATION Either party may terminate this Agreement upon thirty(30)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. TERMINATION FOR CAUSE If, for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within fifteen (15)working days. If failure of violation is not corrected, this Interagency Agreement may be terminated immediately by written notice of the aggrieved party to the other. TERMINATION FOR CONVENIENCE Except as otherwise provided in this contract, the WTSC may, by 10 days written notice, beginning on the second day after the mailing, terminate this contract in whole or in part. If this contract is so terminated, the WTSC shall be liable only for payment required under the terms of this contract for services rendered or goods delivered prior to the effective date of termination. TREATMENT OF ASSETS 1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the AGENCY, for the cost of which the AGENCY is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in the WTSC upon delivery of such property by the AGENCY. Title to other property, the cost of which is reimbursable to the AGENCY under this contract, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this contract, or(ii) commencement of use of such property in the performance of this contract, or(iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 2. Any property of the WTSC furnished to the AGENCY shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this contract. 3. The AGENCY shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the AGENCY or which results from the failure on the part of the AGENCY to maintain and administer that property in accordance with sound management practices. 4. If any WTSC property is lost, destroyed or damaged,the AGENCY shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 5. The AGENCY shall surrender to the WTSC all property of the AGENCY prior to settlement upon completion, termination or cancellation of this contract. 6. All reference to the AGENCY under this clause shall also include AGENCY's employees, agents or SubAGENCYs. 11 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. DESIGNATED CONTACT The following named individuals will serve as designated contacts for each of the parties,for all communications and billings regarding the performance of this Agreement: The Contact for the AGENCY is: The Contact for WTSC is: Name: Kurt Schwan Angie Ward Title: Lieutenant Program Manager Mailing Address: 33325 8th Avenue South PO Box 40944 Federal Way,WA 98003 Olympia, WA 98501-0944 Phone: 253-835-6875 (360) 725 9888 Email: kurt.schwan @cityoffederalway.com award @wtsc.wa.gov IN WITNESS WHEREOF, the parties have executed this Agreement. FEDERAL WAY POLICE DEPARTMENT Signature Andy Hwang Printed Name Chief of Police `t/a9 3 t 5 Title Date WASHINGTON TRAFFIC SAFETY COMMISSION Signature Chris Madill Printed Name Deputy Director Title Date 12 Exhibit A STATEMENT OF WORK 1. GOAL: To reduce traffic related deaths and serious injuries through aggressive impaired driving, occupant protection, speeding, motorcycle safety, and distracted driving multijurisdictional HVE patrols. 2. SCOPE OF WORK: Impaired Driving: Agency will engage in multijurisdictional HVE patrols, as part of the national effort, for all or part of the following dates: Holiday DUI Patrols; November 25, 2015 —January 1, 2016 Drive Sober or Get Pulled Over Labor Day DUI Crackdown; August 19—September 5, 2016. These DUI patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Whenever possible statewide mobilization patrols shall begin after 4:00 p.m. and will occur Friday-Sunday. Law enforcement officers will complete the Emphasis Patrol Activity Logs and forward to their Target Zero Manager within 48 hours of the completion of the DUI patrols. Funds permitting, the local Task Force may coordinate local HVE DUI patrols during the contract period. Dates may not coincide with any national/statewide o r other local flex patrols. Dates of local patrols will be reported in advance to the WTSC on a quarterly basis by the county Target Zero Manager. Only work done on Task Force/TZM pre-approved dates will be considered for reimbursement. Seat Belts: Agency will engage in multijurisdictional HVE seat belt-focused patrols on some or all of the following dates as part of the national effort: Click it or Ticket - May 23—June 5, 2016 These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Whenever possible these patrols shall occur in areas with the lowest seat belt use. Ideally, these patrols will not begin before 4:00 pm. 13 Law enforcement officers will complete the Emphasis Patrol Activity Logs and forward to their Target Zero Manager within 48 hours of the completion of the seat belt patrols. Funds permitting, the local Task Force may coordinate local HVE seatbelt patrols during the contract period. Dates may not coincide with any national/statewide or other local flex patrols . Dates of local patrols will be reported in advance to the WTSC on a quarterly basis by the county Target Zero Manager. Only work done on Task Force/TZM pre-approved dates will be considered for reimbursement. Distracted Driving Agency may engage in multijurisdictional HVE distracted driving focused patrols, as part of the national effort, for all or part the following dates: U Drive. U Text. U Pay. —April 1 — 14, 2016 These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Wherever possible these patrols shall occur in areas with the highest number of distracted driving violations. Law enforcement officers will complete the Emphasis Patrol Activity Logs and forward to their Target Zero Manager within 48 hours of the completion of the distracted driving patrols. Funds permitting, the local Task Force may coordinate local HVE distracted driving patrols during the contract period. Dates may not coincide with any national/statewide or other local flex patrols. Dates of local patrols will be reported in advance to the WTSC on a quarterly basis by the county Target Zero Manager. Only work done on Task Force/TZM pre-approved dates will be considered for reimbursement. Motorcycle Safety Patrols - July 29, 2016—August 14, 2016 These motorcycle safety patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Patrols should focus on the illegal and unsafe driving actions of motorcycles. Patrols should also focus on the illegal and unsafe driving actions of all other motor vehicles when relating to motorcycles. This includes failure to yield to a motorcycle, following too closely to a motorcycle, etc. 14 Whenever possible, AGENCY should include motorcycle officers in these patrols. Local Speeding Patrols Funds permitting, the local Task Force may coordinate local HVE patrols focused on speeding drivers during the contract period. Dates may not coincide with any national/statewide or other local flex patrols. Dates of local patrols will be reported in advance to the WTSC on a quarterly basis by the county Target Zero Manager. Only work done on Task Force/TZM pre-approved dates will be considered for reimbursement. CONDITIONS: For each of the emphasis patrols listed above, Multiiurisdictional High Visibility Enforcement Protocols, as outlined in Exhibit B of this document will be followed. These protocols are incorporated in their entirety to this document by reference. Exceptions to these protocols may only be provided by the WTSC Program Manager. Standardized Field Sobriety Testing (SFST) Training Requirement Agency certifies that all officers participating in these patrols are SFST trained. To meet this requirement: • Officer must be BAC certified and have passed the SFST refresher training within the prior three years, or • Officer must have successfully completed Advanced Roadside Impaired Driving Enforcement(ARIDE), or • Officer must be a certified Drug Recognition Expert. Media Contacts: All of these patrols are conducted as part of a highly publicized, statewide effort. As such, publicity campaigns about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations. Therefore, Agency must provide the names of at least two agency officers who can be available for media requests and questions. *At least one of the individuals listed below must be available for weekend media contacts, beginning at noon on Fridays before mobilizations: kt. & c-lc Gc..tL..t LroC tt1 C•I NV7 o..•n Ope -c.trv..ut .Mr- Name/Title Name/Title be t(: et 51-Er35-b.&1L( a,S3-Fs3S-L8'50 ce.\ts as3 - - 3'141 (A. srC Loo, _ caw► Office Phone & e-mail Office Phone & e-mail Kuck. S C;1/410Ic'0R -cc.....lW • Com 15 Cell Phone Cell Phone vg Available weekends per above?* cio Available weekends per above?* Please return this signed MOU no later than October 15, 2015 to your Target Zero Manager: John Pagel Kent Police Department 220 4th Avenue South Kent, WA 98032 Target Zero Manager will forward this signed document to: Angie Ward, WTSC 621 —8 th Avenue SW, Suite 409 PO Box 40944 Olympia, WA 98504-0944 360.725.9888 16 Exhibit B Multiiurisdictional High-Visibility Enforcement Protocols Purpose This protocol is intended to guide Target Zero Managers, Law Enforcement Liaisons, and law enforcement agencies in coordinating multijurisdictional high visibility enforcement(HVE) mobilizations to address impaired driving, distracted driving, speeding, and seat belt use. These mobilizations are funded by federal highway safety grants. Goal The goal of multijurisdictional high-visibility campaigns is to reduce fatal and serious injury collisions through the coordination of: • Publicity addressing increased enforcement, and • Increased contacts and arrests of violators. Method Funding from the Washington Traffic Safety Commission (WTSC)will support multijurisdictional HVE patrol activities to increase the number of officers working on impaired driving, distracted driving, speeding, and occupant protection enforcement. Public education and media will be coordinated by the Target Zero Manager and Law Enforcement Liaison. The law enforcement activity will support the media effort by demonstrating to the public that the media messages are true; i.e., that"extra enforcement patrols (with a particular focus) are going on now" so that the public takes the media messages seriously. The media work will support the police effort by encouraging voluntary compliance with the law. The objective of multijurisdictional HVE patrol activities is to change driver behavior by raising the awareness of increased enforcement. Definitions: • HVE is enforcement of the law in conjunction with publicity that draws the attention of the public to the enforcement activity. • Multijurisdictional enforcement is defined as a minimum of three law enforcement agencies (LEA's) or patrol units participating at a designated date and time, enforcing a specific activity, in a location determined by the local Target Zero Task Force. 17 Responsibilities WTSC: • Provide funding. • Provide state/local traffic fatality and serious injury data. • Coordinate paid media at the state level for statewide and local mobilizations (when possible). • Lead news media efforts for: o Holiday DUI o Click It or Ticket o U Drive. U Text. U Pay. o Motorcycle Safety o Drive Sober or Get Pulled Over • Summarize statewide enforcement activity. • Report results to the National Highway Traffic Safety Administration. Target Zero Manager and Law Enforcement Liaison: • Lead the development of Multijurisdictional High Visibility Enforcement Mobilization Plans. • Submit local patrol plans for local DUI, seat belt, speeding, and distracted mobilizations to the WTSC on quarterly basis: Plans Due: For local patrols planned from: August 31, 2015 October 1 — December 31, 2015 October 31, 2015 January— March, 2016 January 30, 2016 April — June, 2016 April 30, 2016 July— September, 2016 *One yearly plan for local mobilizations may be submitted in lieu of four quarterly plans. • Coordinate mobilization briefings. • Lead news media and community outreach efforts for local mobilizations. • Review and approve all MOUs, invoices, and other documentation before submission to WTSC. This includes follow-up on incomplete invoicing paperwork and Emphasis Patrol Activity Logs with unexplained low contacts. • Submit statewide mobilization enforcement total sheet(by county)to WTSC within 72 hours of mobilization end date (hvetotals @wtsc.wa.gov) • Submit local mobilization enforcement total sheet (by agency and task force)to WTSC within two weeks of patrol end date (hvetotals @wtsc.wa.gov) 18 Law Enforcement Agencies: • Send a representative to local task force meetings to plan mobilization locations and exact dates. • Ensure availability of agency media contact, noted on page 3 of this agreement, prior to and during all mobilization dates. • Provide commissioned police officer(s) (active or paid reserve)with appropriate equipment (vehicle, radar, etc.)to participate in multijurisdictional HVE patrols. • Ensure that officers assigned to the multijurisdictional HVE campaigns are qualified to enforce the impaired driving laws as outlined on page 2, section 3 of this agreement. • Require all officers participating in multijurisdictional HVE patrols to attend mobilization briefings. • Ensure officers working the overtime conduct a minimum of three (3) self-initiated contacts per hour. This is an enforcement activity that is intended to apprehend violators. It is expected that a Notice of Infraction/Citation (NOI/C)will be issued at contact unless circumstances dictate otherwise. It is understood that violator contacts may result in related, time-consuming activity. Such activity will be considered for reimbursement. Activity other than that initiated through HVE patrol contact(investigating collisions, emergency responses, etc.) will be the responsibility of the contracting agency and will not be reimbursed. • Require officers to complete and submit multijurisdictional HVE patrol productivity on WTSC Emphasis Patrol Activity Log. 9/23/5' Agency Initial DATE TZM Initial DATE 19 W A S F I I N O T O N Traffic is Saf ety c O M M I S S I O N Agency: Federal Way Police Department Project Number: 2015/16 HVE Acknowledgement of WTSC Grant Requirements When the authorizing official and the project manager sign the application for a WTSC grant, they agree to comply fully with the terms and conditions set forth in the contract as well as additional federal requirements outlined in the Electronic Code of Federal Regulations for Federal Grants and Agreements: (http://www.ecfr.gov/cgi-bin/text- idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tp1). The WTSC provides all grant recipients an opportunity to ask questions or discuss concerns about the terms and conditions of the grant. This opportunity may consist of an in-person meeting or conference call, depending on the complexity of the project and the recipient's level of experience with federal grants. Once this opportunity has been provided, the grant recipient's project manager certifies to the grant requirements, including the following elements: • Contract Provisions o Billing procedure o Political activity/Hatch Act o Project Reporting o Suspension & debarment o Nondiscrimination o Contract Termination o Drug-Free workplace o Buy America Act o State Lobbying o Federal Lobbying • Project changes and amendments • Quarterly and final reports • Third-party contracts • Indirect costs (Cost Allocation Plan or Federal Cognizant Agency rate approval letter) • Project Income Requirements • Promotional/Incentive Item Purchase Restrictions • Equipment purchases (approval and tracking requirements) • Travel rules (State Administrative & Accounting Manual-http://ofm.wa.gov/policy/10.htm) • Light Refreshments Policy (WTSC Policy#7.5- http://wtsc.wa.gov/resources/policies/) • Single audit requirements • Time keeping requirements I understand the items listed above or they have been explained to me by representatives of the Washington Traffic Safety Commission. )44-7 9/2 / Agency Signature (Grant Recipient) Dat e COUNCIL, MEETING DATE: October 20, 2015 ITEM #: 5g CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ADELAIDE PARK PLAYGROUND EQUIPMENT REPLACEMENT Policy Question: Should a purchase order (PO) in the amount of$110,913.80 be approved with KCDA to replace the playground at Adelaide Park? COMMITTEE: PRHSPS MEETING DATE: October 13, 2015 CATEGORY: krConsent I I Ordinance I I Public Hearing (� City Council Business I Resolution ( I Other STAFF REPORT BY: Jason Gerwen, Parks & Facilities Manager DEPT: Parks Attachments: None Options Considered: 1. Authorize the Mayor to approve a PO in the amount of $110,913.80 with KCDA to replace the playground Equipment at Adelaide Park? 2. Do not approve a PO in the amount of$110,913.80 with KCDA to replace the playground Equipment at Adelaide Park and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: dr� ' • W��. IRECTOR APPROVAL: 9 2 ./tS Commi ee C.mil Emtial ate initial/►.e Initial/Dat� CHIEF OF STAFF: � 1C4 ill en- Co it .• I)' C•mom'' t� h `�.te I ial/9.e COMMITTEE RECOMMENDATION: I move to forward the recommendation to authorize the Mayor to approve a PO in the amount of$110,913.80 to KCDA to replace the playground Equipment at Adelaide Park to full Council for the October 20, 2015 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move the approval of authorizing the Mayor to approve a PO in the amount of 8110,913.80 with KCDA to replace the playground Equipment at Adelaide Park". (BELOII TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL.ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1`T reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED— 1/2015 RESOLUTION# COUNCIL MEETING DATE: October 20,2015 ITEM#: 6a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FEDERAL WAY DAY SHELTER COALITION PILOT PROJECT POLICY QUESTION: Should the City grant the Federal Way Day Shelter Coalition's request for$50,000 in 2015 and$50,000 in 2016 to fund a pilot project to establish an interim day shelter to serve the homeless in Federal Way? COMMITTEE: Finance, Economic Development,and Regional Affairs MEETING DATE: September 22, 2015 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing 14 City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Wilson, Chief of Staff DEPT: Mayor's Office Attachments: Proposed Business Plan for Federal Way Day Shelter Pilot Project The Federal Way Day Shelter Coalition is requesting funding to initiate a pilot project for day shelter services for Federal Way's homeless population. This would be an interim solution, pending continuing efforts to establish a permanent regional day shelter facility. This pilot project offers the opportunity to complement services already in place, and an evaluation of a wrap-around service model to reduce homelessness. The Coalition is requesting one-time funding from the City in the amount of$50,000 in 2015 and $50,000 in 2016. Options Considered: 1. Approve the allocation of$50,000 in 2015 and $50,000 in 2016 to fund a pilot project to establish an interim day shelter in Federal Way. 2. Do not approve the allocation of$50,000 in 2015 and$50,000 in 2016 to fund a pilot project to establish an interim day shelter in Federal Way. 3. Direct staff to take alternative action MAYOR'S RECOMMENDATION: The Mayor recommends approval of Option 1. MAYOR APPROVAL:11111W9 41111M DIRECTOR APPROVAL: ioe Co ee joie 'ouncil 1S Initial/Date Initial/Date, Initial/Date CHIEF OF STAFF: .A/+J(vn { ad W (� Conu a Cou Initia ate Initi ate COMMITTEE RECOMMENDATION: I move to forward approval of the budget allocation of$50,000 in 2015 and $50,000 in 2016 to fund a pilot project to establish an interim day shelter in Federal Way to the October 20, 2015 oracat agenda for approval. buS,4 S ,-�- FO , Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the budget allocation of$50,000 in 2015 and$50,000 in 2016 to fund a pilot project to establish an interim day shelter in Federal Way." (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# Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Business Plan For the FEDERAL WAY DAY SHELTER PILOT PROJECT Prepared by Martin Petrich,a Community Volunteer, For the Day Shelter Coalition Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Table of Contents Executive Summary Page 3 Background Page 6 Services Page 8 Usage Page 11 Facilities Page 13 Management Page 17 Marketing Page 18 Financial Projections Page 20 Fundraising Options Page 24 Appendices Appendix A Building Diagram Page 25 Appendix B improvements and Equipment Requirements Page 26 Appendix C Reach Out Statistics Page 29 Appendix D FW Caregiving Network Statistics Page 30 Appendix E One Night Count Statistics Page 31 Appendix F Personnel Expenses Page 40 Appendix G Operating Expenses Page 41 { Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Executive Summary In response to concerns related to the homeless population in Federal Way,a partnership developed that consists of the Federal Way City government,the faith communities of Federal Way,service clubs of Federal Way and non-profit organizations serving the homeless population. tth The combined resources and commitment his partnership has led us to a solution that is affordable,workable, and can be implemented in the near term. Federal Way lacks adequate services for homeless adults,especially during the day. Basic needs such as cleanliness go unmet because shower and laundry facilities are not available on a consistent basis. In conjunction with the City of Federal Way and Catholic Community Services (CCS),a Day Shelter Coalition proposes a day shelter pilot project to help meet the daytime needs of homeless adults and serve as a resource hub for them in Federal Way. Services Provided • Bathrooms and shower. • Washers and dryers. • A basic kitchen to warm food and prepare simple meals,prepared by volunteers. • Computer(s)to fill out job applications and access other services. • Mailbox to receive U.S. Mail. • Telephone(s). • Referral services for mental health treatment, substance abuse treatment,medical care, job training,housing,veteran services,and other social services. • A warm,safe place for individuals to rest. People Served The day shelter mostly will serve homeless men, but homeless women may also be served. Other low-income individuals may also be served. The number served is expected to range from 50 to 80 per week. Operation and Staffing The shelter will be operated and staffed by Catholic Community Services(CCS)and volunteers, with additional staff support from Valley Cities Counseling and Consultation and HealthPoint Community Health Centers. Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Location The shelter will be located in a 1,800 sq.ft.leased space near the intersection of 336th Street and 13th Place South near the Multi Service Center and other service providers. Hours of Operation Monday—Friday,from 10:00 a.m.to 3:00 p.m. Timeline The pilot project will last for two years. Below are some important dates based on using CBDG funds. • September 1,2015: Apply for CDBG funds for improvements. • November 15,2015: Building is available. • December 1,2015: Lease is signed; receive CDBG funding approval. • December 1,2015—March 15,2016: Permitting process begins, RFQ'S sent/received,and improvements to building begin. • April 1,2016: Year 1 of operation begins. • April 1,2017: Year 2 of operations begins. Note:Operations could likely begin February 1,2016 without applying for CDBG funds. See Facilities section,Table 1. Expected Outcomes For Individuals • Increased physical health. • increased mental health. • Decreased legal problems. • Increased employment. • Shorter time spent homeless. For the Federal Way Community • More attractive business atmosphere in City of Federal Way downtown area. • Less use of public libraries and other public facilities by homeless individuals. • Less inappropriate use of retail business restrooms by homeless individuals. I . Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions • Fewer police interactions with homeless individuals,freeing police to focus on other priorities. • Less use of City Court and SCORE Jail by homeless individuals,reducing City costs. • Less use of South King County Fire&Rescue Services by homeless individuals. • Less use of emergency room services at St. Francis hospital by homeless individuals. • Lower costs to school district for transportation of students under McKinney- Vento Homeless Education Act. (Although the day shelter will not serve homeless children,we know that families often split up when they become homeless in order to receive shelter. Helping adult men and women achieve housing stability will likely reduce the number of homeless children served under McKinney-Vento as well.) Evaluation 1. The pilot program will be evaluated regularly against its expected outcomes. 2. Lessons learned from the pilot program will be incorporated into planning for a more permanent day shelter Submitted by the Federal Way Day Shelter Coalition and Catholic Community Services. itkikr.cfv,.."A LOS '*.exAg r i/ 1Q0.,r Rev.James Kubal-Komoto,Co-Chair Sign ure Date 6 0 , i31 '7/2/�/5 Lynn Ormsby,Co-Chair vit ke' Si nature g�n�a�k� 1?ate 0 iYI Vr /„C d Jackie Blair,Member t� Si . - Signature Date / 7f 51//)%c)( Bill Hallerman, CCS Signature Date Federal Way Day Shelter Pilot Project Business Plan Final Draft August 14,2 015 Subject to Min r Revisions Background The Problem Federal Way has a significant population of homeless persons. According to the City's Consolidated Plan 2015-2019, "The'one-night count'in January 2013 found 2,736 people homeless in King County,of whom 118 were unsheltered people in Federal Way. [Although we can't identify the total of homeless persons,these are the generally accepted figures that demonstrate the problem as acknowledged by most people in the Federal Way community.] These figures underestimate the actual number of homeless persons because of the difficulty of locating all the homeless, and more individuals and families are homeless at times during the year than can be captured on a single night. [See Appendix E.] Emergency and transitional housing,along with services to intervene and protect homelessness,are inadequate. Systems of cooperating agencies and volunteers are unable to meet the overwhelming number of calls for assistance." Further,the Consolidated Plan says"The City is studying needs for a day shelter to serve the homeless,potentially to be co-located with other supportive services such as mental health, and case management. The City may use CDBG capital funds for public facility improvements and infrastructure updates. This would be on a case-by-case basis." Federal Way does not have adequate services for homeless men and women, especially during the day. Basic needs such as cleanliness go unmet because showers and laundry facilities are not available on a predictable,consistent basis. There aren't any places available to get out of the weather during the day,much less at night. Seeking warmth and quiet,the homeless often use such facilities such as the library, shopping malls and local hospitals. In addition,there isn't a place to get mail, use a computer for job searches,or access a source of local resources for food, shelter,clothing,counseling,etc. With the guidance of Sound Alliance,St.Vincent de Paul Church in Federal Way held a forum for its parishioners to express their concerns in the Federal Way community. A major concern identified at the forum was homeless men and the need for a day shelter for homeless men. In the year following the forum,St.Vincent's, in collaboration with local churches, non-profit service organizations and local elected officials, has been researching costs,zoning,staffing and other requirements. On Veterans Day of this year,St.Vincent's and Sound Alliance sponsored a public gathering at the church,where 275 citizens demonstrated their support for a day shelter. Mayor Jim Ferrell attended this event and acknowledged there was a need for some sort of shelter. Mayor Ferrell agreed to work with Sound Alliance to identify capital funding, operational funding,and a location for the shelter. Federal Way Day Shelter Pilot Project Final Draft August 14,tots Business Plan Subject to Minor Revisions Community Action Following the large gathering on Veterans Day,a point group from the local churches, known as the Day Shelter Coalition,was formed. This group has been active in organizing the start of a Day Shelter. They have communicated with non-profit service organizations such as Valley Cities,Catholic Community Services, HealthPoint,Seattle-King County Public Health, Federal Way School District,St. Francis Hospital,the SCORE jail,South King County Fire Department and the City of federal Way. To meet the needs of homeless single adults in Federal Way,the Day Shelter Coalition envisions eventually creating a permanent day shelter that will serve the needs of these individuals and will also include comprehensive wrap-around services. However,a permanent shelter is likely to be at least two years away. In the meantime,the pilot project described in the following pages would begin to meet the needs of Federal Way's homeless population as well as provide insight into how best to serve the needs of the homeless community in all of South King County. Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Services Overview The goal is to provide an interim shelter,including shower, laundry,a Post Office Box, computers and basic eating facilities,so homeless men and women in FW have a place to clean up, receive mail,obtain some counseling and socialize. Initially the shelter will be open four to five hours per day,five days per week. The shelter will help make a positive impact on the Federal Way community,in short term relief, long-term assistance and empowerment. Project Plan provided by Catholic Community Services Hours of operation: Monday—Friday, 10:00 a.m.to 3:00 p.m. Estimated number of average daily visits:50-75 Estimated annual program cost:$157,364. Executive Summary: In conjunction with the City of Federal Way and other stakeholders,Catholic Community Services(CCS) has identified the need for a day shelter to serve as a resource hub for homeless adults in the Federal Way area.The Federal Way Day Shelter(the Shelter)will provide the opportunity to meet basic human needs and engage people who would otherwise be on the streets during the day. Guests will have access to a meal and a place to get out of the elements.CCS staff,in partnership with onsite and referral service providers, will connect guests to resources that can improve their physical and mental health and assist with regaining stable housing.Staff will work with area service providers,local police, faith communities and medical providers to raise awareness of the Shelter as a valuable daytime resource for homeless adults. Response to Community Need: The One Night Count conducted in January 2015 recorded 105 unsheltered individuals in Federal Way on a night when the Reach Out shelters for men and women served approximately 35 individuals.Currently,no dedicated place for the homeless to go during the day exists.The need for day shelter services has been identified in the Ten Year Plan to End Homelessness,and it is called out specifically in the South King County Response to Homelessness.Section 5b refers to the need for creating day shelter and hygiene services in South King County. Catholic Community Services recognizes that although some homeless adults may be Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions sheltered overnight,many of the sheltered and unsheltered homeless do not have a safe location to spend the day,which can leave them feeling alienated from the community.This sense of disconnection can inhibit their efforts to make progress on overcoming homelessness.The Shelter would provide a place to engage with homeless community members while offering support toward the goal of regaining housing stability. It is anticipated that the majority of individuals accessing the shelter will be men.Services will be offered to both men and women because people are often reluctant to access services if their partner is excluded.The intention is to create a low-barrier Shelter that encourages individuals who may not have previously accessed services to come inside. Guests will include medically at-risk individuals;those struggling with mental illness and/or chemical dependency;and offenders released from the Washington State Department of Corrections. Other guests may lack marketable skills,which diminishes their potential for employment,and therefore stable housing. Program Components: The Shelter will be open to all homeless adults,and guests will be able to access the facility as needed.One CCS staff member will be on site during the hours of operation.The core components are: • A welcoming community with low-barrier access to services. • The ability to meet hygiene and nutrition needs. • Access to onsite services providers. • Referrals to offsite services providers that can help community members regain housing stability. CCS's experience with operating the Lazarus Day Shelter and Women's Wellness Shelter in Seattle provides a solid basis for establishing efficient and fair facility rules.Guests will be expected to show respect for others, not engage in fights or violence, not congregate in front of the Shelter, maintain a minimum standard of cleanliness,and not consume or possess alcohol or illegal drugs on the premises. The ADA-compliant facility will provide essentials such as a washer and dryer,shower,and restrooms.Guests will be able to receive mail and will have access to computers and a telephone.A limited supply of bus tickets will be available.The facility will also have a kitchen that includes a refrigerator, microwave and oven.A large majority of the food will be donated,and a mid-day meal will be made available to all guests. In addition,there may be opportunities for community groups to use the space for activities involving client groups.An example would be recovery meetings held by a community service provider after the Shelter has closed for the day. Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Provider and Referral Partnerships: CCS's long involvement in the response to homelessness in South King County has resulted in a network of strong relationships that will make the Shelter a resource-rich environment. Providers anticipated to have a regular presence at the Shelter include Valley Cities Counseling Center,Sound Mental Health,the King County Mobile Medical and Dental Van and Health Point.These partnerships will help guests meet their individual physical and mental health care needs. For immediate shelter,staff will be able to refer guests to the CCS Reach Out men's, Reach Out women's,and Women's HOME cold weather shelters during their months of operation, as well as to the year-round CCS HOME and ARISE men's shelters in Kent and Renton.CCS also operates severe weather shelters in South King County.Veterans will be referred to CCS's Supportive Services for Veteran Families program,which is tightly integrated with the network of veteran-specific resources available in King County. In the employment services arena,YWCA's Homeless Intervention Project—Employment Program has proven to be a highly productive referral partner,as have the THRIVE program from Multi-Service Center,the Division of Vocational Rehabilitation, FareStart and Goodwill. Additional onsite and offsite service providers will become part of the Shelter's resource network on an ongoing basis. Evaluation Plan Shelter staff will track the number of unduplicated individuals served during the course of the year,as well as the daily number of visits,meals served,showers provided,and uses of the laundry facilities. It is anticipated that limited staffing will restrict the ability to accurately track referrals and their outcomes. Agency Experience Catholic Community Services has a long history of successfully serving homeless individuals and families in King County.CCS operates numerous shelters,transitional housing programs and permanent supporting housing programs for single adults.Staff and volunteers have extensive experience in areas related to homelessness,injustice and inequality.CCS strives to hire staff members and access volunteers who have experienced homelessness due to their unique understanding of the challenges these community members face. CCS also has a long history of operating day shelters for homeless adults.The Lazarus Day Center(LDC)in Seattle opened in 1990 and provides daily services to approximately 300 individuals age 50 and older. LDC works in collaboration with the St. Martin de Porres shelter,which provides overnight shelter to many of the day center's guests.The Women's Wellness Center in Seattle provides primarily hygiene services,and works to help guests identify and engage with other homelessness service providers. Federal Way Day Shelter Pilot Project Final Draft August 14;2015 Business Plan Subject to Minor Revisions Shelter Usage "How many will use a new interim shelter?" Considerations/assumptions for identifying meaningful data on the number of people who might use a Day Shelter in Federal Way Potential use of a day shelter in Federal Way can be projected based on the number of homeless individuals who access Reach Out overnight shelters and community meal programs. A more aggressive approach using the One Night Count in South King County is shown in Appendix E. This Business Plan assumes a conservative approach to how many will use a new shelter. 1. Based on 2012-2014 Reach Out winter shelter and meal records,a number of 20-25 men/night,and 15 women/night is presumed to be at the low threshold for use per Table 1. (For support data see Appendix C.) Reach Out figures are likely low because they represent existing bed capacity in the churches. With more capacity,there would likely be greater Reach Out numbers. Based on this, Reach Out numbers could likely be 30-35 men and 20 women/night. 2. Based on 2012,2013 and 2014 FWCCN meal records for Church of the Good Shepherd, 28—30 men/night and 15 women/night is again presumed to be the low threshold for use per Table 1. (For support data see Appendix D.) 3. Based on FWCCN 2013 and 201.4 meal records for Calvary Lutheran,the number of meals served to men and women is larger than at Reach Out and Good Shepherd:46- 50, men/night and 19 women/night. FWCCN staff presumes this is an aberration. Calvary Lutheran is near 1-5 and they believe many of these individuals come from out of the Federal Way area. They suggest a better figure is 35-40 and 15—16 women/night. This is only slightly more than at Reach Out and Good Shepherd. 4. Based on the assumption other Federal Way homeless will use the proposed day shelter once it's open,we can add perhaps five more men and two more women. 5. Based on the assumption some homeless in Kent and Auburn will permanently migrate to Federal Way and others will visit a new Federal Way shelter from time to time, perhaps as many as five additional men and two additional women will use the proposed day shelter. 6. Catholic Community Services estimates a total of 50—100 men and women will use the proposed shelter. Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions 7. Table 1 summarizes this data. Table 1 CCS will provide Reach Out stats. Organization Year Total# Annual Annual Avg./Wk Avg./Wk Served #Men #Women Men Women ■ Good Shepherd 2012 3,181 1,458 829 28 16 2013 3,415 1,552 911 30 19 2014 3,250 1,481 826 28 16 Calvary Lutheran 2013 3,417 2,404 1,013 46 19 2014 3,598 2,608 990 50 19 Therefore,a conservative use estimate is 35 men and 15 women (50 total)for the first six months, increasing to 38 men and 17 women (55 total)after six months, and 42 men and 19 women (61 total)after one year. See Table 2 below. After the proposed shelter is open for six months or so,it will be possible to make better projections based on actual use. Table 2 Sex 1'`6 Mos. 6-22 Mos. >1 Yr. Men 35 38 42 Women 15 17 19 Total 50 55 61 Finally,see Appendix E for another way to determine potential usage by homeless persons based on other considerations. This approach estimates roughly 75 homeless individuals would perhaps use a day shelter. Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Facilities Legal Entity Currently,there is no legal entity for the interim day shelter. Catholic Community Services (CCS) has offered to allow the shelter to operate under its 501 c(3)non-profit corporation status. This means that they will also be the lessoftenant of the shelter facility. fr P b/Zs Location The proposed day shelter will be located at 33505 13th PI S, Federal Way,WA 98003 in approximately 1,870 sq.ft. of leased space (hereafter referred to as the premises) near the intersection of 5 336th St and 13th PI S. The shelter will be staffed and operated by Catholic Community Services(CCS),the tenant. It is easily accessible by bus,car, bicycle,or on foot and this location has been identified by the Coalition,CCS and the City as ideal for a facility, near or close to such social service organizations such as HealthPoint, Multi Service Center and Seattle-King County Public Health. See Appendix A for a diagram of the building,location of exits,and future bathroom and kitchen areas,etc. Lease Based on a two or three-year lease,with options,the landlord's rent for the premises is $2,800.00 per month($33,600 per year)for the initial lease. The rent includes the following services:electricity,water,sewer and garbage. The coalition and CCS understand the landlord will pay some portion of the water,sewer and garbage fees; but this is not clear in the draft lease. He has given an allowance of 150 per month for electricity. [Para.8 of the lease says "provide",which means to supply,deliver or make available for use. There is no indication of the dollar amount the landlord will"provide".There are also questions re.the term "separately metered utility services"and"utility service charges which are above ordinary usage" Bill Hallerman will work with the landlord to clarify these issues.] The tenant requires the landlord's approval of the proposed improvements before entering into a lease. Proposed Improvements • Upgrade the existing bathroom to ADA standards, including a shower,and install a second ADA bathroom with a shower,sink,and toilet,with all required electrical, plumbing,vents,drains and hot water supply to serve them. Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions • Install a kitchen sink,cabinets and counter with all required electrical,plumbing, vents,drains and hot water supply to serve them. • Install a new ADA exit door with concrete walk to front of building and modify existing entrance to ADA standards if necessary. • Install/build two new offices and a storage closet. • Install washer and dryer hookups with all required electrical,plumbing,vents, drains and hot water supply to serve the premises. • Match existing floor coverings in current office,and carpet where agreed to by both parties. • Repaint the premises with one color as mutually agreed to. • Modify HVAC system to provide customary heating and cooling of premises. The landlord is willing to make all of the required improvements at a cost of$49,822,including WA state sales tax. The tenant would pay one half down before work was started and the balance after the work is completed to tenant's satisfaction. All the improvements revert to the landlord at lease termination. Note: This estimate needs to be tested by competitive bidding to assure the cost is competitive,fair and reasonable. Currently the Day Shelter Coalition is working with the City of Federal Way to determine the possibility of applying for and receiving CDBG funds for the improvements. Not all the improvements would qualify,only those that meet CDBG eligibility standards/requirements. A �`reasonable estimate of eligible work is about 65%of the total improvements,or approximately #32,500. The application for CDBG funds would originate from CCS, not the landlord. The time line from application to receiving any funds is 60-90 days in a best case scenario. If CCS decides to apply for CDBG funds,any work that is paid for from those funds is subject to the Davis-Bacon Act. The Davis-Bacon and Related Acts apply to contractors and subcontractors performing on federally-funded or assisted contracts in excess of$2,000 for the construction,alteration,or repair(including painting and decorating)of public buildings or public works, and requires the payment of prevailing wage rates to all laborers and l mi echanics 5 ,.+pglw on Federal or federally-assisted construction contracts. In addition to David Bacon,eDBG requires at least three bids. Any approved and authorized funds would be available to reimburse CCS once they paid for and invoiced for eligible improvements. Important Timing Consideration: The premises are available November 15,2015 and the lease may be signed after this date. Once the lease is signed the permitting and improvements may begin. If the improvements are made by the landlord,a realistic completion date, including permitting and required inspections,is 60 days,or on or about January 15,2016. Occupancy would be any time after this date,likely February 1,2016. See Table 1. Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Milestones/Timeline Table 1 Timing without CDBG Funding Date Event November 15,2015 Building is available;sign lease;permitting process begins. Improvements to building begin—est.60 days. January 15,2016 Improvements and equipment installation completed. [Holidays may delay by up to 15 days.] February 1,2016 Year 1 operations begin. February 1,2017 Year 2 operations begin. If CCS decides to apply for CDBG funds,occupancy is projected to be about April 1,2016,see Table 2, based on the following: • The application needs to be submitted no later than September 1,2015. The environmental review can begin at this time;approximately-45 days to complete. • The building is available and the lease can be signed November 15,2015. • After the lease is signed CCS needs to get at least three bids(lAW Davis Bacon requirements). The bids will likely take at least 30 45 days(due to the holidays)to receive and decide on a contractor—estimate receipt about December 31, 2015 • Permitting and improvements may begin(holiday season will likely cause delays)once CCS contracts with the successful contractor,(approximately January 5,2016). A realistic completion date, including permitting and required inspections,is about March 15,2016. Occupancy would be any time after this date. Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Milestones/Timeline(coned.) Table 2 Timing with CDBG Funding Date Event September 1,2015 Apply for CDBG funds. September 1 to Environmental Review October 16,2015 November 15,2015 Building is available;sign lease. November 15 to RFQ's sent out;received;contract w/successful bidder. December 31,2015 [Holidays will delay by 15 days.] January 5—March 15, Permitting process begins;permits obtained; 2016 improvements to building begin—est.75 days March 15,2016 Improvements and equipment installation completed. April 1,2016 Year 1 operations begin. April 1,2017 Year 2 operations begin. Property equipment and a ui 4 p The shelter will require uire certain real property Y and equipment for opening,such as: • Assorted furniture,furnishings,and appliances. • Desks/chairs,tables,computers and accessories. • Several file cabinets and shelving units. • Post Office boxes. The estimated cost for the real property and equipment is about$25,700. It is anticipated that some of these items may be donated from local stores or businesses. The rest will need to be purchased. (See Appendix B for a complete list as prepared by CCS.) Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Management The shelter will be operated and staffed by CCS. Personnel The CCS budget assumes a full time person(program supervisor)who will be the primary staff person for the shelter,with the shelter being open 5 days a week 4-5 hours a day. In addition to staffing the Shelter while it is open,this employee will buy supplies for the shelter, coordinate food and community volunteers,be responsible for developing services at the shelter, (including the participation of other Federal Way service providers who can bring employment,counseling,chemical dependency services,etc.),any statistics and data entry for the shelter,and ensure a safe and healthy environment at the shelter. CCS is not budgeting any janitorial services at this time, planning that the guests will do the cleaning as they currently do at south county shelters and at various churches. Other personnel costs are for program supervisor coverage for sick days and vacation,and a small amount for the support and supervision by the division director. Personnel Costs(See Appendix F.) Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Marketing Alternatives and Usage Patterns The services provided for the shelter include two segments:housing and life skills. • Housing: Services to help guests obtain temporary or long term housing. • Life skills: Skills to help empower guests to achieve stable independent living. Marketing Strategy The day shelter's marketing strategy will be two pronged. One goal is to raise awareness about the services available to homeless individuals. The second goal is to increase awareness of the day shelter within the Federal Way community for fundraising efforts. A main thrust of the effort of increasing visibility within the homeless community will be through the development of relationships with other social service providers. These are the front line workers who are in the best position to make referrals to individuals who are truly in need of services. The day shelter will also campaign to develop visibility within the community for fundraising. Activities such as presentations to non-profit organizations,churches,service clubs and at public events can give a presence to the day shelter within the community as an effective social service activity. Fundraising efforts are more effective when people know about the day shelter and its positive impact on the community. The marketing plan will also address possible concerns of neighbors(commercial or residential), providing them with contact names and numbers to assure they get accurate information such as: o Proposed use. o Facts surrounding the use. o Explanation of how the shelter will be operated,and o Explain how nuisance issues will be addressed and won't impact them. Media Plan Summary Internet web site, Facebook,Twitter,etc. Website Marketing Strategy . The website will be used as a resource to provide information to guests,social service agencies Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions and donors. The site will be a straight-forward source of information including details regarding services,information about facilities and biographical information about the staff. Facebook and Twitter will be evaluated later to decide if we use them. Development Requirements A programmer(volunteer or a staff member)will be identified as someone who is able to develop and improve the existing site. It's anticipated that there won't be labor costs associated with the website due to donated labor. Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Financial Financial Plan Assumptions Financial planning will be based on the following assumptions: Expenses • Facility Lease $33,600 • Operations o Personnel 74,514 o Operating supplies,etc. 39,250 o Utilities 6,400+$150/mos. landlord credit, or$8,200 total • Startup Expenses o Improvements 50,000 o Equipment 25,130 • A 3.00%escalation in years 2017, 2018 and 2019 on personnel,operating supplies and utilities. • Lease term:two or three years with a two or three year option. • The shelter will be open from 10:00 a.m.to 3:00 p.m.,five days/week. Note: 1)Certain improvements and equipment may be covered by CDBG funds. 2)Some equipment may be donated. 3)Certain landlord improvements may be wrapped into building lease. 4)Actual improvement and equipment expenses will be calculated after evidence of using CDBG funds is confirmed. Funding The following is a list of estimated/anticipated funding from the City of Federal Way,King County,the state of WA,projected fund raising and CDBG. Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Anticipated Funding Sources 2015 2016 2017 City of Federal Way $50,000 $50,000 tbd King County 25,000 25,000 State of WA 25,000 25,000 CDBG(for Improvements) 32,500 Private fundraising/Grants 30,000 20,000 Planned/anticipated funding $122,500 $120,000 $50,000 Operating Expenses The estimated annual operating expenses of$153,764,which includes$33,600 for leasing the premises, were supplied by CCS and are shown in Appendix G. Rent and utilities make up roughly half of the"Operating,Supplies and Other Costs"in the shelter budget. Most of the equipment and supplies will be janitorial and cleaning items necessary to keep the day shelter clean and welcoming. CCS's usual administration rate is 13%, but they have reduced it to 10% to help keep costs down. The food budget is$5,000,with the expectation that the community will donate food items to the day shelter,similar to other CCS shelters in South King County. (CCS is also including bus passes as direct aid to the guests so the staff can link them to the services they need). Startup Expenses The estimated equipment expenses totals$25,130.(See Appendix B) improvement Expenses The estimated improvement expenses of$50,000 are based on the landlord's estimate. They need to be tested by competitive bidding from at least two other contractors before the lease is ready to be signed. Expense Projections Table 1. Pro Forma shelter expenses for years 2015,2016,2017,2018 and 2019 are shown in the following spreadsheet. Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan subject to Minor Revisions Year Year Year Year Year Shelter Expenses 2015 2016 2017 2018 2019 Shelter Expenses $tartuo Expenses -Improvements $ 50,000 $ - $ - $ - $ -Equipment 25,130 - - - Total Startup Expenses 75,130 - - - Operations - - - - -Personnel • $ 74,514 $ 76,749 $ 79,052 $ 81,423 -Operating supplies,etc. - 39,250 40,428 41,640 42,890 -Utilities-w/o$150/mos.allow. - 6,400 6,592 6,790 6,993 Lease-Based on 2-yr w/2-yr opt - 33,600 33,600 35,280 35,280 Total Operating and Startup Expenses $ 75,130 '$ 153,764 $ 157,369 $ 162,762 $ 166,586 Total 2015&2016 Expenses $ 228,894 Note:Perhaps 50-60%of the$225,684 in 2015 startup and operating expenses($113-$136,000)may need to be avaiable before CCS will sign the building lease and begin operations in early 2016 Funding Projections Table 2 shows what we hope to receive from the City of Federal Way, King County,the state of WA and a CDBG grant. Fundraising, other grants and additional efforts will need to make up the difference. Table 2. Pro Forma shelter funding forecast, with CDBG funds totaling$32,600,for years 2015,2016,2017,2018 and 2019 is shown in the following spreadsheet. Funding Forecast Year Year Year Year Year w CDBG Funds 2015 2016 2017 2018 2019 Total Annual Expenses $ - $ 153,764 $ 157,369 $ 162,762 $ 166,586 Total Start Up Expenses (Cost) 25,130 - City of Federal Wy(For operation) (50,000) (50,000) TBD TBD TBD King County - (20,000) TBD TBD TBD State of WA - (50,000) TBD TBD TBD Private Fundraising/Grants (30,000) (30,000) TBD TBD TBD Improvements(Cost) 50,000 - - - CDBG Fund(65%of Improvements) (32,500) - - - - Equipment Donations TBD - - - 180 - - - -otal Potential Surplus/(Shortfall) $ 37,370 $ (3,764) $ (157,369) $ (162,762) $ (166,586) 1)The City has some flexibility in how the$50K for operations(in 2015)is used. It may possibly be used to fund operations in 2016 or pay for the 2015 improvements. 2)CDBG funds,if granted,won't be available until the end of 2015 or early 2016. Negative numbers represent income to offset expenses/costs, which are shown as positive for this illustration. Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Table 3 shows what we hope to receive from the City of Federal Way, King County,and the state of WA and without a CDBG grant. Fundraising,other grants and additional efforts will need to make up the difference. Table 3. Pro Forma shelter funding forecast, without CDBG funds,for years 2015,2016,2017, 2018 and 2019 is shown in the following spreadsheet. Funding Forecast Year Year Year Year Year w/o CDBG Funds 2015 2016 2017 2018 2019 Total Annual Expenses $ - $ 153,764 $ 157,369 $ 162,762 $ 166,586 Total Start Up Expenses(Cost) 25,130 - - - City of Federal Wy(For operation) (50,000) (50,000) TBD TBD TBD King County - (20,000) TBD TBD TBD State of WA - (55,000) TBD TBD TBD Private Fundraising/Grants (30,000) (20,000) TBD TBD TBD Improvements(Cost) 50,000 - - CDBG Fund(65%of Improvements) - - - - Equipment Donations TBD - - - - T8D - - - - - ,otal Potential Surplus/(Shortfall) $ 4,870 $ (8,764) $ (157,369) $ (162,762) $ (166,586) Note:The City has some flexibility in how the$50K for operations(in 2015)is used. It may possibly be used to fund operations in 2016 or pay for the 2015 improvements. Negative numbers represent income to offset expenses/costs, which are shown as positive for this illustration. Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Funding Options Funding Strategy Funding for the day shelter will come from many sources,in part to support the operations budget as needed and in part to decrease the reliance on any one source. Expected sources include government funds(i.e.City of FW, King County,the State of WA and CDBG),corporate and individual donations,churches, local service clubs,various fund raising efforts and grant writing. Some funds may be available immediately,others in a few months,and others such as grants require six to nine month lead/application periods. (An action plan will be developed to help insure we meet the fundraising goals.) Individuals who have experience with fund raising and grant writing will be assisting in the search for funding. The initial fundraising goal is to raise$40,000 by December 1,2015 and a total of$60,000 by December 1,2016. This could increase depending on a shortfall in government funding. Funding Sources Potential funding sources and estimated amounts in addition to the City of FW, King County, the state of WA and CDBG are listed in the table below. Organization Year 1 Amount Year 2 Amount 2015 2016 St.Vincent de Paul $7,500 N/A Local Churches $30,000 $30,000 Fund Raising Non-Event $12,000 $3,000 Corporate Donors $5,000 $5,000 Rotary Club of Federal Way $2,500 $2,500 Rotary Club of Federal Way—Fund-a Need N/A $30,000 Kiwanis $1,500 $1,500 St.Francis Hospital $3,000 $2,000 Grants 0.00 $3,000 Other TBD TBD Estimated Total/Year $61,500 $77,000 The above amounts haven't been evaluated as to the probability of receiving them. Funding for years 2018 and 2019 will be incorporated in a future plan for a more permanent and sustaining day shelter. Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Appendix A Building Diagram . ;7_1:4' ; . \\\ \\\\\\\\\\\\\ t 1 d '� \V\�\V\\\\\\\\\ s 1 \\ \\\\\�\\\\\\\\\ J \\\\•\\\•\\\\\�\• \\ \\\\\\\\\\ \ I .-- \\`\\\•\\\ g 5 \\, \\�\\\. \\\\\ i \ • \ \ \\ I i \\ \\JI.- .r u. \ \ P \ \\\ \\\k\\\k \ \ \\\� \\ \\\ \\ \, -- \\ \�\\\\,rii \ \. \\ \ \\ \ \\` \ . \\ \ \\\ \ \\ © \ \\ \\ \ \y \ \\ \ t� \\I \ \ \\\\\\ \\\\\\ \\\ \\\\\. . • \J \\\•\.\\•\\\\, • \ \ ti- \i ll 4liii li Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Appendix B Improvements and Equipment Proposed Improvements • Upgrade the existing bathroom to ADA standards including a shower,and install a second ADA bathroom with a shower,sink, and toilet,with all required electrical,plumbing,vents,drains and hot water supply to serve them. • Install a kitchen sink,cabinets and counter with all required electrical,plumbing, vents,drains and hot water supply to serve them. • Install a new ADA exit door with concrete walk to front of building and modify existing entrance to ADA standards if necessary. • Install/build two new offices and a storage closet. • Install washer and dryer hookups with all required electrical,plumbing,vents, drains and hot water supply to serve the premises. • Match existing floor coverings in current office,and carpet where agreed to by both parties. • Repaint the premises with one color as mutually agreed to. • Modify HVAC system to provide customary heating and cooling of premises. These improvements are estimated to cost about$50,000 based on an estimate from the landlord. (See next page.) Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Appendix B(coned.) Improvements and Equipment Proposed Improvements to the Shelter Premises Dia LOST 33505 inn Plaza s Federal Way,WA 91003 Items Oescnptlon including labor&matenat 1 2 F 4 5 •war M Sup•'es •`r.'i nal&,screws.and as metal'tarp 6 7 8 9 Framer per plan 33-00.0". tram per pan 10 Framing Material 40100 Per Plan its Underground Plumbing rough In 3,800.00 saw Cut under around plumbus for the both room 11 Plumbing rough 3,500,•-• Rouen in for the bath roam&Sleaw 12 Plumbing trim out et.'t sinks toilet,and al lautan 13 14 'r v or'eater +.'s.1'1 Repair heating and at ducting for me soave 16 Windows 17 Extorior Doom 4,00000 cut Well and install new Batt door on the South or the banana 18 20 MEI 3r'.".'c r out ei.11 23 MsulatIon • 2,500.00 At martian wet,and seperauon wall ' 24 ti{�¶a Board w/tube 3,500.00 t'.Interior•aim, II a••r ,m'...', 1-ooton every where 26 i5 28 Interior doors a trims 1.500.0", Comeirial door 1IMEI 7 iIrtrrYrflfaaINIIIMIMIEEt Ej r l' i"•nets.',. en a, :71.i', Arty tine of csunet at our showroom 31 32 33 34 Grante Counter top 1.800:00 Keats-n&Bath room 35 . ' ar ,4 glass tbowerat master only&all mirror 40 Chanute 3-50.r', 41 4} 43 44 tota'ttafd COt13frU2ti0n COKE WJ iebor; 4S taY7JU Mt Rey DOW,TLC _ _�.. NOTE. State sate Tau•9.8% 4,322.50 bon Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Appendix B (coned.) Improvements and Equipment Proposed Minimum Equipment List for Shelter Item Qty. Est.Cost Kitchen Items Small residential cooktop 1 $ 1,000 Dishwasher 1 1,000 Refrigerator-29 cu.ft.w/Ice maker& 1 3,000 lower freezer compartment Freezaer-Upright,21 cu.ft. 1 850 Microwave oven 2 350 Coffee maker(attachable to H2O supply 2 150 Pots&pans-basic set+basic 1 300 kitchen ware Sub Total $ 6,650 Other Washer&dryer-commercvial grade-2 ea. 4 9,000 Lockable Mail Boxes TBD TBD Internet connection&s/u 1 150 Computers for clients 2 1,400 Computer workstations for staff 2 2,000 Printer-print,copy,scan&fax 1 250 Chairs,desks,tables,etc. Various 3,500 Sub Total $ 16,300 Total Est.Equipment Cost $ 22,950 Sales Tax @ 9.50% 2,180 Total estimated cost with sales tax $ 25,130 Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Appendix C Reach Out Reach Out statistics show that they served an average of 28 men and 15 women per night, during the five months of November—March in 2012-13, 2013-14 and 2014-15. (Need the stats that support these figures.' Served 4,332 meals during five 2014-2015 winter months, i.e., November thru March. o Averaged 15 women per night and 27-28 men per night for a total of 42-43 per night. 27/42 =approx. 64.3%of meals were for men,or 2,785. o 2,785 meals for men/five months equals approx.557meals per mos.,or 139/week. 139/week divided by five days per week equals approx. 28 meals per day. These shelter and meal figures indicate that at least 28+/- men and 15 women will likely use the proposed shelter. The statistics also provide demographics on men and women who have a need and an opportunity to use the specific facility offered, namely,overnight shelter. However, because of limited bed capacity,the figures under-represent the population in need of not only shelter, but of all the other hygiene facilities. Data pages Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Appendix D Federal Way Community Caregiving Network(FWCCN) Considerations/assumptions for identifying meaningful data on the number of people who might use a Day Shelter in Federal Way The FWCCN served approximately 12,000 meals in 2014. The meals were served at three local churches:Church of the Good Shepherd,Steel Lake Presbyterian and Calvary Lutheran. FWCCN statistics show that in the years 2013,2014 and 1t five months of 2015 they served meals to an average of 28-50 men per week. These figures indicate that at least 28-30 men may likely use the proposed shelter,because not all who come for meals need or want day shelter services. o Served 3,250 Saturday meals at Good Shepherd in 2014 of which 1,481 were for men and 826 were for women. • Weekly average approx.28 men and 16 women. o Served 3,415 Saturday meals at Good Shepherd in 2013 of which 1,552 were for men and 826 were for women. • Weekly average approx.30 men and 19 women. o Served 3,181 Saturday meals at Good Shepherd in 2012 of which 1,458 were for men and 829 were for women. • Weekly average approx.28 men and 16 women. o Served 3,417 Thursday meals at Calvary Lutheran in 2013 of which 2,404 were for men and 1,013 were for women. • Weekly average approx.46 men and 19 women. o Served 3,598 Thursday meals at Calvary Lutheran in 2014 of which 2,608 were for men and 990 were for women. • Weekly average approx.50 men and 19 women. Note:See attached data pages from Church of the Good Shepherd Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Appendix E One Night Count Statistics How Many Will We Serve? The King County One Night Count(See following pages.)statistics for Federal Way for the years 2013—2015 were 118,113 and 105 respectively,for homeless people in Federal Way. The difference in numbers from year to year doesn't necessarily indicate a trend. The One Night Count is essentially just an indicator;the number of homeless is likely larger, in part because some homeless individuals don't care to be counted. Since the'count'annually runs from 3:00 —5:00 a.m.on a Friday,they often get a meal at Calvary Lutheran Thursday evening and take various actions to avoid the'count'. Some may find a motel,some may stay with a friend,and others head to Kent and Auburn where they may have an appointment for the services offered in those communities. The following Tables show the'count' in Kent and Auburn is rapidly increasing. Therefore, it's quite probable that at least a few from those cities might make an occasional trip to a Federal Way day shelter. It's also probable a few might migrate to Federal Way for other reasons. • One Night Count—Federal Way, Kent and Auburn,i.e.South King County. Table 1 Year Federal Way Kent Auburn S.King County Seattle 2013 118 53 57 228 1,989 2014 113 63 97 273 2,303 2015 105 135 132 372 2,813 • The Federal Way"One Night Count"appears to be declining(but most likely isn't,see explanation in beginning paragraph)and the Kent,Auburn and S. King County counts are increasing. In fact,the S. King County One Night Count is increasing at a faster rate than Seattle. Funding Forecast Year Year Year Year Year w/o CDBG Funds 2015 2016 2017 2018 2019 Total Annual Expenses - 153,764 157,369 162,762 166,586 Total Start Up Expenses(Cost) 25,130 - - - - City of Federal Wy(For operation)1 (50,000) (50,000) TBD TBD TBD King County - (20,000) TBD TBD TBD State of WA - TBD TBD TBD Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions (55,000) Private Fundraising/Grants (30,000) (20,000) TBD TBD TBD Improvements(Cost) 50,000 - - - CDBG Fund(65%of Improvements) - - - -Equipment Donations TBD - - - - TBD - - - - - $ $ $ $ $ Total Potential Surplus/(Shortfall) 4,870 (8,764) (157,369) (162,762) (166,586) Note:The City has some flexibility in how the$50K for operations(in 2015)is used. It may possibly be used to fund operations in 2016 or pay for the 2015 improvements. Table 2 City Increase/Decrease Federal Way down-11.02% Kent up-254.72% Auburn up-231.58% S.King County up-163.16% Seattle up-141.43% Federal Way Day Shelter Pilot Project Final Draft August i4,2015 Business Plan Subject to Minor Revisions Appendix E iconrd) One Night Count Statistics How Many Will We Serve? The following is another way to interpret the number of homeless in Federal Way using One Night Count and Reach Out statistics. #of Item People One Night Count in FW-2015 105 Adjustments Add:Estimate 40 at Reach Out. 40 Estimate 7 at motel or a friends. 7 Less:1/2 of car count-See note below. -40 112 Estimate about 15%of 112 homeless persons won't use the shelter. -17 Estimate up to 95 individuals would use a day shelter. 95 Reach Out Based on homeless persons who use Reach Out in the Fall and Winter and the FWCCN's three dinners each week,perhaps 45 would use the shelter. 45 With more capacity Reach Out users could increase to 55 or 60,or+10-15. 13 Estimate up to 58 individuals would use a day shelter. 58 Average of both estimates 95+58=153 divided by 2=75 75 Note: One-Night Count numbers provide a sense of the magnitude of the growth of homelessness in South King County,but they are not necessarily an accurate indicator of how many people might use a Day Shelter. The majority of the people counted are living in cars,and the methodology for counting people in cars/trucks is to always count two when the person 1 Federal Way Day Shelter Pilot Project Final Draft August 14, 2015 Business Plan Subject to Minor Revisions Appendix E /conrd) One Night Count Statistics How Many Will We Serve? counting can't actually determine how many people are in the vehicle—which is most of the time. One Night count Reports for 2013, 2014 and 2015 follow: • /. 4 �'• • ` .• • J 2013 Street Count Results The 33rd annual One Night Count of homeless people in King County took place in the early hours of Friday, January 25, 2013 The Coalition organized more than 800 volunteers who fanned out across the county to count the number of men,women and children who were homeless and sleeping outdoors without shelter between 2:00 and 5:00 a.m. They counted people trying to survive in cars and tents, riding late night buses,or curled up in blankets under bridges or in doorways.That same night, staff at agencies that operate shelters and transitional housing programs recorded select information about the people staying in their programs. Staff at the Homeless Housing Program of King County's Community Services Division compile these data FINDINGS OF THE 2013 ONE NIGHT COUNT At least 2,736 men,women,and children were without shelter during the three hour street count. This number is an increase of 5%over those found without shelter last year.This number is always assumed to be an undercount, because we do not count everywhere,and because many people take great care not to be visible. Federal Way Day Shelter Pilot Project Final Draft August 14,2015 [i. Business Plan Subject to Minor Revisions Appendix E (conr'd) One Night Count Statistics How Many Will We Serve? Summary of the 2013 Unsheltered Homeless Count in Selected Areas o1 King County .1_1 Y,L'.1 NC'T1r :.a,1 441,.1 'L::.t.i.... �t'r.., .0.�1h1'ivy. A,IUE.!n I TOTAL END Sit`_ CT; 'nr:.• b ,',E':, Men 597 7 58 96 4 31 22 66 6 897 Women 133 3 21 26 0 4 2 14 2 205 Gender 1241 43 17 75 47 B3 59 49 1,615 Unknown Minor 18 0 0 0 0 0 0 0 19 (under 18) TOTAL 1,989 53 106 197 51 118 83 82 57 2,736 Benches 11 0 0 1 0 2 2 0 0 16 Parking 22 2 0 1 0 0 3 0 0 28 Garages Cars/Trucks 631 8 14 52 31 78 37 0 27 878 Structures 292 4 3 8 16 15 11 0 4 353 Under 194 8 2 6 0 2 8 0 5 225 Roadways Doorways 139 13 0 5 2 I 2 0 1 163 City Parks 5 7 1 0 0 0 0 0 10 23 Bushes/ 69 3 0 8 0 0 2 0 6 88 Undergrowth Bus Stops 32 0 4 0 0 1 3 0 0 40 Alleys 46 1 0 0 0 1 0 0 0 48 Walking 257 6 6 7 2 le 8 0 1 305 Around Other 291 1 76 109 0 0 7 82 ■ 569 TOTAL 1,989 53 106 197 51 118 83 $2 57 2,736 2% increase when comparing simiar count areas 2013 2,657 (without new Qem) 2012 2,594 5% increase when comparing 2013 count total to 2012 count total 2013 2,736 (includes new areas) 2012 2,594 Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Appendix E (conrd) One Night Count Statistics How Many Will We Serve? 2014 Street Count Results The 34th annual One Night Count of homeless people in King County took place in the early hours of Friday, January 24,2014.The Coalition organized more than 800 volunteers who fanned out across the county to count the number of men,women and children who were homeless and sleeping outdoors without shelter between 2:00 and 5:00 a.m. They counted people trying to survive in cars and tents, riding late night buses,or curled up in blankets under bridges or in doorways.That same night, staff at agencies that operate shelters and transitional housing programs recorded select information about the people staying in their programs. Staff at the Homeless Housing Program of King County's Community Services Division compile these data „„,„"29,294 PEOPLE HOMELESS IN KING COUNTY FROM 2-5AM ON JANUARY 24, 2014 3, 265 IN TRANSITIONAL HOUSING .11-- 2/906 IN SHELTERS A„4, J, s 3, 123 1414„ ON THE STREET �.. ©2015 SEATTLE/KING COUNTY COALITION ON HOMELESSNESS FINDINGS OF THE 2014 ONE NIGHT COUNT Over 9,294 people were known to be homeless in King County on this one night.What we know about these people is based on Information reported by agency staff or collected by the Coalition on Homelessness. Federal Way Day Shelter Pilot Project Final Draft August 14, 2015 Business Plan Subject to Minor Revisions Appendix E (coned) One Night Count Statistics How Many Will We Serve? At least 3,123 men,women,and children were without shelter during the three hour street count. This number is an increase of 14%over those found without shelter last year This number is always assumed to be an undercount, because we do not count everywhere,and because many people take great care not to be visible. Local programs served 6,171 people indoors: 2,906 people were staying in overnight or emergency shelters 3,265 people were living in transitional housing programs Summary of the 2014 Unsheltered Homeless Count in Selected Areas of King County SEATr[f KIM ^it 4an E.:S! rt.HIIE FF.DCk.At GEr4tOr.; NIGHT(5. AuguPN TOTAL Er4D SIGE .71.! 't:=4 CutE, Mon 619 30 70 70 14 28 16 92 5 044 Women 143 3 25 25 1 3 2 11 0 113 Gander 1527 30 20 83 29 81 78 2 92 1,942 Uniasown Minor 14 0 0 0 2 1 0 7 0 24 (under 18) TOTAL 2,303 63 115 178 46 113 96 112 97 3,123 Bunches 51 2 0 0 1 0 2 0 0 SA Parking 14 0 0 0 0 1 0 0 0 15 Garages Cars/Trucks 730 19 16 65 12 55 47 0 49 993 Structures 357 8 0 10 21 4 7 0 2 404 Under 228 1 0 6 0 3 6 0 5 249 Roadways Doorways 206 10 0 3 0 2 7 0 0 228 City Parks 54 3 0 0 2 0 2 0 27 88 Bushes/ 64 3 5 2 2 19 19 0 4 11• lksdargrowth Bus Stops 22 2 0 0 1 1 0 0 0 24 Almeys 43 2 0 0 0 2 0 0 0 47 Wdking 244 12 5 2 7 18 5 0 9 302 Mound Other 290 1 89 90 0 8 1 112 1 392 TOTAL 2,303 63 115 178 46 113 96 112 97 3,123 14% increase 2014 3,123 people outside 2013 2,736 people outside Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Appendix E(coned) One Night Count Statistics How Many Will We Serve? 2015 Street Count Results The 35th annual One Night Count of homeless people in King County took place in the early hours of Friday, January 23, 2015, The Coalition organized more than 1100 volunteers who fanned out across the county to count the number of men,women and children who were homeless and sleeping outdoors without shelter between 2:00 and 5:00 a.m. They counted people trying to survive in cars and tents, riding late night buses, or curled up in blankets under bridges or in doorways. That same night, staff at agencies that operate shelters and transitional housing programs recorded select information about the people staying in their programs. Staff at the Homeless Housing Program of King County's Community Services Division compile these data Request a copy of the iition's full 2015 One Night Count 'r-:•{port immil 1 0,0 4 7 PEOPLE HOMELESS IN KING COUNTY FROM 2-5AM ON JANUARY 23, 2015 2 ,993 n IN TRANSITIONAL HOUSING 3,282 /� IN SHELTERS tilttf tft 3,772 ON THE STREET mi.e. / t 02015 SEATTLE/KING COUNTY COAUTION ON HOMELESSNESS FINDINGS OF THE 2015 ONE NIGHT COUNT-UNSHELTERED COUNT At least 3,772 men,women,and children were without shelter during the three hour street count. This number is an increase of 21%over those found without shelter last year. This number is always assumed to be an undercount, because we do not count everywhere,and because many people take great care not to be visible. Hundreds of volunteers helping with the count found people in sleeping in doorways, beneath overpasses, in their vehicles, in alleys, or walking around, in the communities of Auburn, Bellevue, Bothell, Burien, Des Moines, Federal Way, Kent, Kenmore, Kirkland, Redmond, Renton, Seattle, Shoreline, Skyway,Vashon Island,White Center and Woodinville. The reasons people are without shelter vary. Lack of affordable housing, poverty, unemployment, untreated mental illness or addiction, and domestic violence all contribute to homelessness. Federal Way Day Shelter Pilot Project Final Draft August 14, 2015 - Business Plan Subject to Minor Revisions Appendix E (cont'd) One Night Count Statistics How Many Will We Serve? Summary of the 2015 Unsheltered Homeless Count in Selected Areas of King County SEAM,. KI' 'r"' :.;t #.. •A. c1t'ft.Ai. C4NTON PIX44TCWW1 AL*1 N vASHON TOTAL a r f uSf ISLAND• Men 695 21 7 48 69 13 20 96 22 2 993 Women 165 6 1 24 14 4 1 10 5 0 230 Gender 1,944 101 40 55 126 88 58 c, 98 8 24111 Unknown Minor 9 7 0 7 0 0 0 1 7 0 31 (under 18) TOTAL 3,772 135 4$ 134 209 105 79 107 132 10 3,772 iik.iKi:s, 35 0 I 3 0 1 0 0 0 0 40 Porting 31 0 0 11 0 0 0 0 0 0 42 Garages Cu+/Trudu 776 44 32 18 88 81 37 0 54 8 1,13$ Structures 641 11 8 2 38 3 10 0 19 0 732 Under 173 6 0 10 0 0 7 0 4 0 200 Roadways Doorear► 306 3 0 I 4 4 3 0 0 0 321 GI,/Parks 47 1 1 0 0 0 2 0 10 0 61 Bugles/ 94 28 1 10 1 6 6 0 31 0 110 Undergrowth Bus Stops 32 1 0 1 2 I 0 0 I 0 3$ Alleys 26 I 0 0 4 0 0 0 0 0 31 Welting 303 19 4 2 21 6 6 0 11 1 375 Around Other 349 21 1 76 48 1 8 107 2 I 614 TOTAL 3,772 135 4$ 134 209 105 79 107 132 10 3.772 21% increaso 2015 3,772 people outside 2014 3,123 people ovtlide "Voshon Island an4 Soutl►west King County are participating in the count for the Fret time in 2011 For more information contact to Seattle/King County Coalition on Homelessness www.homebssinfo.org Alison Eisinger Nicole Mocri (206)204.8355 (206)515.1514 olison0homelessinfo.org nmocriOde►c.or8 Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Appendix F Personnel Expenses Copy of CCS staffing costs with a brief explanation. Hebb lw 6:Hp, He •mrnI Gtr RM..' Bran 9.51 Pw.MM. I..hp.r Had*. Widen NNW to CH C1 'MOM n... 4+101 .%A Lrad A 1M .m. 4 =IV d.., R. Aar M*. Wean OHO r1 Win lea. Art lab 1T0 MINIS era H&c lbrm Pee CH FT Booth FUN Mw1ha _.... +owl.*wow 51151 11,114 ty❑ I:Bn 5110 ON MIN S1I 94141 1.1518 15110 RQ11 771% Ncl% teem%■.N 19811 NIB 1'111 IpI' 47116 521 ¶411 1117 91(k OM UM 4.014 OAR Tull. 5117% No Benellts: tp a40hrahekI Work rtudy iiwa®adbrt6 1me am, tl Stipend/Temp.419.71 MINF en. Ip II Ibe tow0 1.0 GM ns rnu 11141 mu 11% NSA aimme Ib Arcs 1614 0111► Ma 111 MN MN • 14.01 IIGA 111. IMN 1110% • 1! 19 Mk Coo Y611 (UM 1190 1,NM MK III lee IBM 71414 71410 SMa ISM II31114 VIA II,. 2C 21 22 NOTE 1:Chenne paynato to applicable''1on7m7'1'1+er betty howdy and ulary personnel.le begin uleuladon. to NOTE!Clomp UAW bows,Hood on weal and e ed.lMuNply moldy Mon*NH O24lndlute%for bonds Np*Belle.polymers) :1 top wre4p Ns ino Oa l•CII n and He annual hounwOl N nbwleled ti MNINVIIe- _ tr 0eaewd111ei 2I :9 re NOTE x W01A/n'Ceap*Ms Exempt is buodan Mum MMINot NAIp n\Ente•t1111KONIM lam obtain O nion&maintenance)•199008 Nor. a Ili Mullion is WM onharybanAlb blsoopNpauwiry belYyL.16 nation TMI aid Oro pot yew 8NIMIeemployee rag WMee1100a1 . $Uu$disp$syoo ii.4100 4. 410 hole allood moll*coot d1010 11 NOTE d: Pension Imps Jim l or.Arty 1,after 1 r of mono(waninMn of 1000 M6Ne).moo.elloalble by Jock 1701/h buderbd M/%aMdmw*IOW by Jan 1,20104 budgeted el 3% u Nab M:Thinwmkdwstwows a Walkup function se keep the kook Mb worksheetwM bob sheet/yauat old piste you mud are paste NpecWM and earn ee year+4M Me c**Jnladmlobers Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Appendix G Operating Expenses CCS Interim Shelter Budget Expenses including Lease Personnel Annual Operating Expenses Salaries/Wages 58,450 Benefits 16,064 Subtotal,Personnel 74,514 Operating,Supplies,and Other Direct aid to client 2,000 Equipment/supplies 9,000 Insurance 1,000 Postage/shipping 500 Printing/advertising 250 Rent 33,600 Note:The landlord has provided a Utilities 6,400$150/mos.credit toward utilities or Repair and maintenance 5,000$1,800/yr. Telecommunications 2,000 Travel and training 500 Food 5,000 Accounting/Indirect admin. 14,000 Subtotal, Operating/Supplies/Other TOTAL EXPENSES 79,250 Personnel 74,514 Operating/Supplies/Other 79,250 TOTAL 153,764 Rent and Utilities make up the biggest part of the other costs. CCS is including bus passes as direct aid to the guests,so their staff can link guests to the services they need. Most of the Federal Way Day Shelter Pilot Project Final Draft August 14,2015 Business Plan Subject to Minor Revisions Appendix G (contd) Operating Expenses equipment and supplies will be janitorial supplies necessary to keep the day shelter clean and welcoming. CCS's administration rate is normally 13%, but they have cut it to 10%to help keep costs down. The food budget is$5,000,with expectation that the community will donate food to the shelter,similar to what occurs at their South King County shelters. I mailed the business plan signature page to Bill H. last Friday and expect it back sometime this week. The following are minor corrections to the business plan: 1. Page 3,second Para.first line,insert the word of between'commitment'and'this'. 2. Page 13,paragraph 1,sentence 3: Lessee,not Lessor 3. Page 14,second Para.(after bullets),line 5: $32,500,not# 4. Page 14,third Para.(after bullets), line 6: Davis-Bacon, not David Bacon e-mail from Martin Petrich 8/26/2015 COUNCIL MEETING DATE: Oct 20. 2015 ITEM#:__ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: HENDERSON PARTNERS CONTRACT AMENDMENT FOR TOWN SQUARE PARK IMPROVEMENTS - . POLICY QUESTION: Should the Council authorize an increase to the compensation of the Henderson Partners contract? COMMITTEE: PRHSPS Committee MEETING DATE: Oct 13,2015 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:Stephen Ikerd, Parks Deputy Director DEPT: Parks Attachments: Henderson Partners contract compensation increase memo. Options Considered: 1. Authorize a compensation increase for Town Square Park improvements in the amount of $68,037.03 to Henderson Partners and authorize the Park Director to sign associated change orders. 2. Do not authorize a compensation increase for Town Square Park improvements to Henderson Partners and provide direction to staff. MAYOR'S RECOMMEND. ION: Option 1 MAYOR APPROVAL: 1Wir O . /4/05 DIRECTOR APPROVAL: Commi e i it Committee CHIEF OF STAFF: 14, I .4, A I Ak? Cm - Council II COMMITTEE RECOMMENIATION: I move o authorize a compensation increase for Town Square Park improvements in the amount of$61,852.03 with a 10% contingency for a total increase of$68,0003,for a contract total of$599,831.40 to Henderson Partners and forward to the October 20, 2015 City Council rewserrt•agenda for approval. ��5�,ne_sS Susan Honda, Chair Dini Duclos, Member Martin Mowre,Member PROPOSED COUNCIL MOTION: "I move to authorize a compensation increase,for Town Square Park improvements in the amount of$68,037.03 to Henderson Partners,for a total contract amount of$599,831.40 and authorize the Park Director to sign.associated change orders. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL,# ❑ DENIED Isr reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-08/12/2010 RESOLUTION# AkituCITY OF Federal Way Parks Department Date: Sept 30, 2015 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John R Hutton., Director of Parks. From: Stephen Ikerd., Deputy Director of Parks Subject: Henderson Partners contract compensation increase Background: Council approved a recent contract award of$488,393.03 to Henderson Partners for Town Square Park Improvements. The contract scope of work included demolition, grading, supply and placement of topsoil, irrigation and hydro-seeding of the turf areas. Included in the contract amount was 10% contingency of$44,339.00. Due to some old theatre footings being in the way and the addition of recent LID upgrade features it is more cost effective to add more prep work to the current contract than to bid new. The original 10% contingency will not be sufficient to cover unforeseen conditions and upgraded LID work associated with earthworks, so staff is requesting authorization to increase the compensation of the current Henderson Partners contract by $68,037.03 shown below in the summary including 10% contingency. Summary of the original $44,339.00 10% contingency expenditures to date: Change Order 1 - $9,307.50 - Rain garden excavation and associated grading. Change Order 2 - $4,265.03 - Demolition of a section of buried theatre foundation. Change Order 3 -$23,485.56 - Digging the perimeter path and grading. Change Order 4 - $6343.34 - Digging & rock the perimeter path deeper to meet LID specs. Sub total $43,401.43 Additional recommended change order work for this contract: Change Order 5 - $28,128.36 - Plaza install pervious rock base for LID & event improvements. Change Order 6 - $14,454.00 -Add electrical conduit for path lights per land use requirements. Change Order 7 - $3,255.84 -Add a 6" drain system to handle roof drain and water feature. Change Order 8 - $16,013.83 - Change portion of parking to pervious asphalt for LID upgrade. Sub total $61,852.03 Recommendation: Authorize an increase of $61,852.03 and 10% contingency to cover the increased cost for the upgraded related LID and code work that is more cost effective using the current mobilized contractor. Financial Summary: $488,393.03 - Original contract amount. $43,401.43 - Previous changes orders. $61,852.03 - New compensation increase request. $6,185.00 - New 10% contingency on new compensation $599,831.49 - New Contract amount COUNCIL MEETING DATE: October 20, 2015 ITEM#: 6C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2016 Planning Commission Work Program POLICY QUESTION: How should the 2016 Planning Commission Work Program be prioritized? COMMITTEE: Land Use/Transportation Committee(LUTC) October MEETING DATE: Oct 5,2015 0 5 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution .�i ❑ Other STAFF REPORT BY: Margaret H. Clark, Principal Planner tr""- DEPT.: Community Development Attachments: Exhibit A—September 18,2015, Staff Report to the LUTC Options Considered: 1) Approve the Mayor's Recommendation on the 2016 Planning Commission Work Program as outlined in Section F of Exhibit A — September 18, 2015, Staff Report to the LUTC; 2) Adopt the Mayor's Recommendation as further amended by the LUTC; 3)Do not adopt the Mayor's Recommendation. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: Aie 5-- /DIRECTOR APPROVAL: c 77 A (7 `,; 4,7 7 Commi a InitiaLDate r Atitia I ; a / CHIEF OF STAFF: ;4 al t i iu�/A/ Mr .� 'nee , Council n...441 itiaVDate Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the Mayor's Recommendation to the October 20, 2015, City Council meeting for approval." -77frca.41/Lifir.-- '4 ..� Bob Celski,Committee Chair Kelly Mal e ,Committee Memb Lyya Assefa-Da' .i n,Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Mayor's Recommendation. " (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# Federal Way ,% 4 � irrYry C . 7990_20,° MEMORANDUM DATE: September 18, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor 117 FROM i // Michael A. Morales, Community Development Director / ' '� Margaret H. Clark, AICP,Principal Planner kr `' SUBJECT: 2016 Planning Commission and Long Range Planning Work Program A. BACKGROUND The Planning Commission's Work Program is approved by the City Council on a yearly basis.The purpose of this memorandum is to update the Land Use/Transportation Committee(LUTC)as to the status of the 2015 Work Program and to provide the Mayor's recommendation on the 2016 Planning Commission Work Program. B. THIS MEMORANDUM INCLUDES THE FOLLOWING INFORMATION • Section C—Status of the 2015 Planning Commission Work Program • Section D—2016 Annual Comprehensive Amendments and Citizen-Initiated Code Amendments • Section E—Other Long Range Planning Responsibilities.This is a list of other long range planning responsibilities that are not part of the Planning Commission Work Program,but are required to be done by long range planning staff. • Section F—Potential Planning Commission Work Program/Mayor's Recommendation C. STATUS OF THE 2015 PLANNING COMMISSION WORK PROGRAM All of the discretionary items that are currently identified in each of the categories(High,Medium, and Low)were prioritized into those categories last year by the City Council. There is a brief description below of each work item with their status and expected completion date. 2015 PLANNING COMMISSION WORK PROGRAM ITEM STATUS/RECOMMENDATION EXPECTED COMPLETION DATE Required' 1 2015 Major Comprehensive Plan Update The City completed a major update of its comprehensive plan in order to comply with the N/A Growth Management Act(GMA). 2 Critical Areas Regulations(CAO)Update The CAO provides protection of areas such as wetlands,steep slopes, The city updated its CAO as a component of the N/A landslide hazard areas,streams,aquifers,frequently flooded areas,lakes, overall major update. and fish and wildlife habitat conservation areas. 3 Adopt marijuana-related code amendments in response to its The code amendment has been presented to the legalization within the state of Washington Planning Commission,LUTC,and City Council. Recreational and medical marijuana moratoriums are in place and expire May 6,2016.The question as to 1st Qtr.2016 whether we should adopt regulations to permit marijuana-related businesses will be presented to the voters in November 2015. Discretionary2—Organized by High,Medium,and Low Priority High Priority 4 Amend the language in the Environmental Policy related to the time A Planned Action SEPA was adopted for a portion of horizon of the Planned Action SEPA the City Center Core(CC-C)and City Center Frame (CC-F)in 2007. The Planned Action was set to The goal of a Planned Action SEPA is to encourage economic expire in 2014.A consultant is working on an development by providing certainty for developers since the impacts updated Transportation Impact Analysis and staff is 1st Qtr.2016 associated with development would have been identified upfront. working on a Supplemental Environmental Impact Statement.The Planned Action Ordinance is scheduled for adoption in January 2016 and would apply to development that would occur through the end of 2025. 'These are actions that are required to be completed by state law. 2City Council has given staff direction to prepare these code amendments;however,they are not required by state law. Staff Report Meeting Date:October 5,2015 2016 Planning Commission and Long Range Planning Work Program Page 2 2015 PLANNING COMMISSION WORK PROGRAM ITEM STATUS/RECOMMENDATION EXPECTED COMPLETION DATE 5 Zoning regulations related to manufactured home parks The Planning Commission held a study session on this code amendment on April 1,2015,at which time Advocate for legislation to address the sustainability of manufactured they requested that a Stakeholder Group be formed. home parks. The first Stakeholder Group meeting was held on 2nd Qtr.2016 June 18,2015,and a second Stakeholder Group meeting was held on September 23,2015. 6 Amend process for updating the comprehensive plan This code amendment would streamline the update process by simplifying Not Started Docketed for 2017 the selection process thus speeding up the overall process and cleaning up some problematic language throughout the section. 7 Amend the nonconforming provisions The existing nonconforming provisions make it difficult for legally The Planning Commission held a public hearing on 4th nonconforming properties to improve the site without incurring major this topic on September 2,2015. It has been 4 Qtr.2015 costs in order to bring the property up to existing code. scheduled for the October 5,2015,LUTC meeting. 8 Amend regulations to increase exempt levels for a threshold determination under the State Environmental Policy Act(SEPA) State law has been changed to allow larger projects and more intense development to be exempt from review under the State Environmental Policy Act(SEPA)if potential impacts from the proposed development are Not Started Docketed for 2017 adequately addressed in other adopted city regulations or state or federal regulations.For example,this code amendment would increase exempt levels for residential structures from 20 to 30 dwelling units and commercial buildings from 12,000 to 40,000 square feet. Staff Report Meeting Date:October 5,2015 2016 Planning Commission and Long Range Planning Work Program Page 3 2015 PLANNING COMMISSION WORK PROGRAM ITEM STATUS/RECOMMENDATION EXPECTED COMPLETION DATE Medium Priority 9 Amend regulations to provide a more streamlined process for binding site plans Not Started Binding site plans are divisions of land for sale or lease for commercial, Recommended to be taken off the Work Program. industrial,and manufactured home park use,and where land is divided as The short plat process that is used for binding site N/A part of condominium development.Binding site plans are processed like plans is already streamlined and based on a cursory short subdivisions.However,because binding site plans are frequently review of other cities'binding site plan processes; used for already developed property,some of the short plat requirements staff could not identify ways to further streamline the are onerous or sometimes not applicable. process. 10 Amend regulations pertaining to types of improvements or structures allowed in required yards Not Started Existing zoning regulations limit the height of structures allowed in Docketed for 2017 building setback areas to 18 inches in height.This code amendment would Recommended to be combined with the following add flexibility to allow structures taller than 18 inches in required yards as item(#11). appropriate. 11 Amend regulations to broaden uses and standardize bulk and dimensional requirements by zone,and to provide more appropriate setbacks and landscape buffers for commercial uses Not Started The existing code is very specific as to uses allowed in each zoning district Docketed for 2017 and is based on separation of uses.This code amendment would generalize See above(#10) categories and regulate uses based on appropriate form and scale of development,rather than only distinctions in land-use types. 12 Adopt zoning regulations for the Twin Lakes Commercial Sub-Area The Twin Lakes Commercial Sub-Area Plan was adopted in 2012.This Not Started Docketed for 2017 code amendment would adopt zoning regulations to implement the goals and policies of the plan. Staff Report Meeting Date:October 5,2015 2016 Planning Commission and Long Range Planning Work Program Page 4 2015 PLANNING COMMISSION WORK PROGRAM ITEM STATUS/RECOMMENDATION EXPECTED COMPLETION DATE 13 Amend regulations to address the maximum allowable building height in the City-Center Core(CC-C)zoning district Not Started Existing zoning regulations for the CC-C zone do not have a cap on Recommended that this code amendment be �a maximum building height.This code amendment would explore whether broadened to address development regulations and 3 Qtr.2016 there should be one,and if so,specify the maximum height in keeping design guidelines in both the City-Center Core(CC- with the Council and Community vision. C)and City-Center Frame(CC-F). 14 Amend regulations to make review of variances an administrative process Presently,all variance requests are presented to the Hearing Examiner in a In Process public hearing subject to specific criteria.This amendment would evaluate 4`h Qtr.2015 the option of allowing certain(minor)variance applications to be handled A Planning Commission public hearing is scheduled by staff,thus reducing the time and expense of the process. for October 7,2015. 15 Amend noticing provisions to incorporate new technologies and to remove inconsistencies between different sections of the code Not Started This code amendment would evaluate new ways of providing public N/A notice. We are presently restricted to publishing notice in the paper once a Recommended to be taken off the Work Program. week.This can slow a project down. This is no longer a priority. 16 Adopt an ordinance establishing a historic preservation program The City would become a"Certified Local Government"with a Historic Preservation Commission. Not Started 3`a Qtr. 2016 Staff Report Meeting Date:October 5,2015 2016 Planning Commission and Long Range Planning Work Program Page 5 2015 PLANNING COMMISSION WORK PROGRAM ITEM STATUS/RECOMMENDATION EXPECTED COMPLETION DATE Low Priority 17 Amend regulations to allow oversize vehicles in approved enclosures Not Started in residential zones Recommended to be taken off the Work Program. The code prohibits storage of oversized vehicles(e.g.,RV's longer than 22 Historically,we have not received many complaints N/A ft.or taller than 9 ft.)in residentially zoned areas even if they are in an about oversize vehicles being parked in enclosures. enclosure. We have the ability to allow this to occur by interpretation. 18 Amend regulations to allow senior housing/assisted living in the Not Started Professional Office(PO)zone3 Recommended to be taken off the Work Program. N/A Presently senior housing and assisted living facilities are not allowed in the The applicant for this request has not shown interest PO Zone. in pursuing this request for several years. 3 This was already part of the on-going work program to be started once the applicant for a senior housing project in the PO zone was ready to move forward. Staff Report Meeting Date:October 5,2015 2016 Planning Commission and Long Range Planning Work Program Page 6 D. 2016 ANNUAL COMPREHENSIVE PLAN AMENDMENTS AND CITIZEN-INITIATED CODE AMENDMENTS The Federal Way Revised Code(FWRC)requires the city to accept applications for amendments to the comprehensive plan and FWRC on an annual basis. The deadline for application is September 30, 2015.All citizen-initiated requests will be subject to a"Selection"process at a later date.The City Council may introduce code amendments at any time during the year for consideration at their discretion. E. OTHER LONG RANGE PLANNING RESPONSIBILITIES The following describes reporting or monitoring work required by the state,county,or other agencies. This is part of the Long Range Division Work Program,but not part of the Planning Commission Work Program: ITEM STATUS Required Prepare a report for the Puget Sound Regional Council on the Due at the end of February 2016 number of residential building permits broken out by type for 2015 Prepare a report on building permit and other housing-related data to Due at the beginning of April 2016 the Washington Office of Financial Management,which will be used to determine the population of the City as of April 1,2016 Review proposed amendments to the King County Countywide Staff works on this item whenever Planning Policies(CWPP's),as necessary,and provide information King County proposes amendments to the city council for ratification to the CWPP's Courtesy Requests Respond to surveys from research institutions This is not a requirement;however, staff generally provides responses F. POTENTIAL 2016 PLANNING COMMISSION WORK PROGRAM/MAYOR'S RECOMMENDATION The long range planning staff is comprised of 1.5 Full Time Equivalents(FTE)and the current planning staff is comprised of 3.5 FTE's, for a total of 5.0 FTE's. Long range planning activities include comprehensive plan amendments, code amendments, and monitoring and reporting development activity. Historically we have carried over items on the work program from one year to another if they have not been completed in the previous year. In addition, code amendments are frequently added after the work program has been adopted as the need arises. Consequently, the annual work program has, in reality, always been a multi-year work program. In order for the 2016 Work Program to be achievable,the Mayor recommends reprioritizing the carryover items from the 2015 Work Program and paring it back as follows: Staff Report Meeting Date:October 5,2015 2016 Planning Commission and Long Range Planning Work Program Page 7 I. POTENTIAL 2016 WORK PROGRAM REQUIRED ACTIONS ESTIMATED TIME FRAME FOR COMPLETION 2016 Annual Comprehensive Plan Update(one received Depends on number of requests and scope of to date) amendments to the Comprehensive Plan document 2016 Citizen-initiated code amendments(none received Depends on number of requests to date) Adopt marijuana-related code amendments in response 151 Qtr.2016 to its legalization within the state of Washington DISCRETIONARY ACTIONS Amend the language in the Environmental Policy related 1st Qtr.2016 to the time horizon of the Planned Action SEPA Advocate for legislation to address the sustainability of 2nd Qtr.2016 manufactured home parks Review of growth targets as they relate to multi-family 2"d Qtr.2016 housing Amend regulations to address development regulations 3`d Qtr.2016 and design guidelines in the City-Center Adopt an ordinance establishing a historic preservation 3`d Qtr.2016 program and request certification as a"Certified Local Government." Amend regulations to broaden uses and standardize bulk 4`h Qtr.2016 and dimensional requirements by zone,and to provide more appropriate setbacks and landscape buffers for commercial uses.This code amendment would also address types of improvements or structures allowed in required yards II. ITEMS DOCKETED FOR 2017 The following items are on the 2015 Planning Commission Work Program. However,the Mayor recommends that they not be part of the 2016 Work Program to better reflect available resources and establish realistic expectations.These items have been docketed for the 2017 Work Program. Items on this list will also be worked on if staff completes all of the items listed under Section F(I). • Amend process for updating the comprehensive plan • Amend regulations to increase exempt levels for a threshold determination under the State Environmental Policy Act(SEPA) • Adopt zoning regulations for the Twin Lakes Commercial Sub-Area III.HOUSEKEEPING CODE AMENDMENTS These are amendments that may be necessary at any time of the year to ensure the implementation of existing code language and may rise to a high priority. K:\2016 Planning Commsision Work Program\092115 Staff Report.doc Staff Report Meeting Date:October 5,2015 2016 Planning Commission and Long Range Planning Work Program Page 8 COUNCIL MEETING DATE: October 20,2015 ITEM#: �a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: Amendment for Federal Way Revised Code Nonconformance Provisions. POLICY QUESTION: Should the Federal Way Revised Code (FWRC) Chapter 19.30, "Nonconformance"and related text(FWRC 19.105 and 19.140)be amended? COMMITTEE: Land Use&Transportation Committee(LUTC) MEETING DATE: October 5,2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Leila Willoughby-Oakes, Associate Planner ;/ 4 DEPT: Community Development Attachments: A) Memorandum to Land Use Transportation Committee dated October 5, 2015; B) Draft P ) Ordinance, and C) September 2, 2015, Planning Commission Packet&Minutes. Background: The purpose of this code amendment is to establish a consistent and intentional policy direction on how the city would like to deal with nonconforming uses, developments, and lots. In addition, the policy objective is to correct a number of problems with language in the chapter. Certain provisions are unclear, while others appear disproportionate to the impact being addressed or the work proposed. Related text amendments include Chapter 19.05, "Definitions"; Chapter 19.105, "General Development Regulations; and Chapter 19.140"Signs"of the Federal Way Revised Code. Options Considered: 1. Recommend City Council adopts the FWRC text amendments to FWRC 19.05.010, 19.05.090, 19.05.120, 19.05.140, 19.05.180, 19.105, 19.30, and 19.140 as presented. 2. Modify the proposed amendments and recommend adoption by City Council of FWRC text amendments as modified. 3. Recommend City Council does not approve the proposed amendments and provide staff with direction. MAYOR'S RECOMMENDATION: Forward Option 1 to the October 20,2015 City Council Agenda for first reading. MAYOR APPROVAL: Oar 7 5 15/DIRECTOR APPROVAL: 7 Co ttee ouncil / - c Initial/Date Initi./0.te Initial/D. CHIEF OF STAFF: 4.14.1vN /3 i►" O. /Ail ? 5' i• F'e Co /nit",ate Imt./D. i COMMITTEE RECOMME DATION:I move to forward the proposed ordinance to First Reading on October 20, 2015.• Bob Celski, Chair Kell aloney,Member L is Assefa-Da .on,Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE(OCTOBER 20,2015): "I move to forward approval of the ordinance to the November 3, 2015. Council Meeting for enactment." 2ND READING OF ORDINANCE(NOVEMBER 3,2015): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED .1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# • CITY OF FEDERAL WAY MEMORANDUM DATE: September 21, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Michael A. Morales, Community Development Director ~ ""' %' `r Leila Willoughby-Oakes, Associate Planner dtAAAV SUBJECT: Amendments to Federal Way Revised Code (FWRC) Pertaining to Nonconforming Uses, Developments, and Lots—Chapter 19.30 `Nonconformance' PURPOSE The purpose of this code amendment is to establish a consistent and intentional policy direction on how the city would like to address nonconforming uses,developments, and lots. Staff has observed there are a number of problems with language in Chapter 19.30, `Nonconformance' and related sections of the Federal Way Revised Code. Certain provisions are unclear, while others appear disproportionate to the impact being addressed or the work proposed. BACKGROUND: The Purpose of Nonconforming Provisions Nonconforming provisions aim to correct an existing nonconformance, either incrementally over time or immediately. This is achieved by establishing specific thresholds, generally tied to proposed improvements on the property,that trigger or require the owner to correct the existing nonconformance(s). For example,the current FWRC Title 19, "Zoning and Development Code,"requires a site achieve conformance when adding new square footage to an existing building. PROPOSED AMENDMENTS: Summary–Significant Policy Changes Proposed Existing Provisions Description of Change Rationale Amendment Definitions New and revised definitions: To clarify and enhance • Illegal Nonconformance the administration of • Legal Nonconformance development regulations. • Nonconforming Development / • Nonconforming Lot • Nonconforming Use • Nonconformance • Abandonment • Redevelopment(Water Quality) • "Structural Alteration" definition removed Nonconforming Loss of nonconforming use New trigger: • A trigger based on an Uses: status trigger: • Any increase in gross floor increase in square I '...any existing use • Structural alteration area triggers loss of status. footage is more which is currently not • Work exceeding 15%of predictable for permitted in the the value of the existing Eliminated triggers: property owners, zoning district in improvements • Structural Alteration businesses,and staff which it is located.' • Abandonment • 15%of existing improvement value. 3 Nonconforming • Conformance is required if • No conformance required •The square footage Development: work proposed exceeds when adding>2,500 square trigger employs `...any buildings, 50%of value of existing feet or 25%of existing square proportional structures, or improvements. footage. conformance with the improvements, which • Any increase in square • For larger developments no scale of the do not conform to the footage requires some conformance required when improvement current bulk and level of conformance. addin g ,>4900 square feet or proposed. q dimensional • In some circumstances the 10%of existing square • Geographic standards and other code triggers geographic footage. conformance is regulations of the conformance.This refers • Geographic conformance difficult to apply zoning district in to conformance with provision eliminated. consistently from site which they are development regulations to site. located, including in the area of the site low impact impacted by the proposed development.' activity(not entire site). 4 Nonconforming • Substandard(area) • Substandard(area)contiguous • Enables utility of Lots: contiguous lots may not be lots may be developed if< substandard lots of `...any lot that does developed if under 50%of the underlying zoning. reasonable size and not conform to the common ownership. facilitates current standards of development capacity the zoning district in in Federal Way. which it is located.' 5 Damaged and Conformance required when • Damaged/destroyed • Enables owners to re- Destroyed the value of replacement is< structures may be establish Nonconforming 75%of the existing replaced on a improvements after Uses/Developments structure's value. `like for like'basis. catastrophes that are no fault of their own. 6 Conformance Valuation trigger applies to • Valuation trigger removed. •Properties can be made Required by nonconformities that are • Nonconforming developments whole without hardship Government Action caused by public projects are not subject to conformance to owners and cost to (generally right-of-way triggers if nonconformance was city. acquisition). caused by governmental action. 7 Re-organization/ a. Nonconforming signs a. Nonconforming sings a. Easier reference. Miscellaneous located in relocated to `Signs'chapter. Changes `Nonconformance' chapter. b. On nonconforming b. Repair of site improvements b. Applicants should developments if a use applies to all properties in the repair improvements to ceases for more than one city;nonconforming and the standard and quality year the improvements conforming. in which they were first shall be repaired to the approved upon re- standard and quality of the opening a vacant original land use/planning building.This should division approval. apply in all instances on Examples:replacement of both nonconforming and dead landscaping,repair of conforming sites. The broken curbing,etc. amendment strengthens city regulations needed to maintain aesthetics and repair dilapidated developments. c. Special provisions for c.Provision struck;simplified and c.Repetitive regulations. residential uses. addressed elsewhere in chapter 19.30 FWRC. Analysis Overall the amendments represent an effort by the City to establish consistent policies. Secondly,the amendments expedite the permitting process by removing unpredictable regulations for applicants proposing expand or improve nonconforming properties.The amended regulations establish clearer, concise and measurable thresholds,based on square footage,triggering when a use or development is required to establish complete conformance. For example,all triggers based on valuation of existing improvements versus valuation of proposed work are eliminated on the following grounds.These triggers are difficult to administer because appraisals of existing improvements may not be accurate or consistent, assessments of the value of proposed work may not be accurate. Further, legal nonconforming developments may now make minor expansions of gross floor area without requiring conformance with development regulations in place at the time of a new application. No substantive changes were recommended by the commission;however,the commission did direct staff to clarify several provisions related to timing of additions to nonconforming developments. RECOMMENDATIONS: 1. Mayor's Recommendation: The Mayor recommends that LUTC forward to City Council the text amendments as identified in the Draft Ordinance with a recommendation for approval; 2. Planning Commission Recommendation: The Commission recommends the Federal Way Revised Code FWRC text amendments, with a minor adjustment,be forwarded to LUTC and City Council as identified in the Draft Ordinance,with a recommendation for approval. cc: Project File Day File ORDINANCE NO. 15- AN ORDINANCE of the City of Federal Way, Washington, relating to Nonconformance; amending FWRC 19.05.010, 19.05.090, 19.05.120, 19.05.140, 19.05.180, 19.05.190, 19.30.010, 19.30.020, 19.30.030, 19.30.040, 19.30.050, 1930.060, 19.30.070, 1930.080, 1930.090, 1930.095, 1930.100, 1930.120, 1930.130, 19.30.140, 1930.150, 19.30.160, 19.30.170, 19.30.200, 1930.210, 19.105.010, 19.105.100, and 19.140.210. (Amending Ordinance Nos. 90-43, 91-113, 92-135, 92-144, 95-235, 95-245, 97-307, 97-291, 99-347, 99-357, 01-398, 02-419, 02-420, 04-457, 04-468, 05-486, 06-515, 08-585, 09- 593, 09-595, 09-596, 09-605, 09-607, 09-610, 09-630, 10-652, 10-674, 11-700, 12-713,12-724,13-754,14-778,and 15-797). WHEREAS,the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process;and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt amended development regulations related to nonconforming uses,developments and lots;and WHEREAS, the proposed amendments would add certain new definitions and amend existing definitions in Chapter 19.05 FWRC that are necessary to administer the code and enhance clarity and usability; and WHEREAS,the proposed amendments would modify FWRC 19.105.010, regarding Nonconforming lots (buildable lots) to enable development on contiguous lots under the same ownership that are nonconforming with regard to lot size if said lots are at least 50 percent of the required lot area of the underlying zone;and Ordinance No. 15- Page 1 of 34 Rev 1/15 LU WHEREAS, the proposed amendments would add a new section, FWRC 19.105.210, requiring the repair of site improvements if a use conducted on a subject property has ceased for more than one consecutive 12 month period;and WHEREAS, the proposed amendments make numerous changes to Chapter 19.30 FWRC nonconformance to implement a consistent policy, establish more proportional compliance triggers, and clarify unclear provisions;and WHEREAS, an Environmental Determination of Nonsignificance (DNS)was properly issued for the proposal on August 20, 2015, and no comments or appeals were received, and accordingly the DNS was finalized on September 21,2015;and WHEREAS, the Planning Commission conducted one study session on these amendments to the nonconformance Chapter of the FWRC on July 15,2015; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on September 2,2015, and forwarded a recommendation of approval with a minor text addition to the City Council;and WHEREAS, a notice of intent to adopt the proposed code amendments was sent to the State Department of Commerce requesting an expedited review on September 2, 2015, for a review and comment period; and, WHEREAS, the Land Use and Transportation Committee of the Federal Way City Council considered these code amendments on October 5, 2015, and recommended adoption of the text amendments as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. Ordinance No. 15- Page 2 of 34 Rev 1/15 LU (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring more consistent policies and efficient review processes on proposals related to nonconforming uses, nonconforming developments and nonconforming lot, and these code amendments reduce unpredictability for applicants seeking expansion or improvement on residential and non-residential properties. (b) These code amendments comply with Chapter 36.70A RCW,Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect,the public health, safety,and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC,and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG1 Create an attractive, welcoming and functional build environment. LUG2 Develop an effective and timely development review process based on a public/private partnership LUP1 Use development standards and design guidelines to maintain neighborhood character and ensure compatibility with surrounding uses. L UC3 Preserve and protect Federal Way's single family neighborhoods. LUP4 Maximize efficiency of the development review process. LUP6 Conduct regular reviews of development regulations to determine how to improve upon permit review process. LUP14 Protect residential areas form impact of adjacent non-residential uses Ordinance No. 15- Page 3 of 34 Rev 1/15 LU LUP29 Ensure compatibility between non-residential developments and residential zones by regulating height, scale,setbacks, and buffers. EDG2 Help attract, expand, and retain businesses,jobs and investments that provide employment and enhance income opportunities for Federal Way residents. EDP2 Periodically monitor local and regional trends to be able to adjust plans,policies and programs. EDP8 Promote redevelopment of existing underdeveloped areas as a means to sustain the economy and provide jobs. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they will serve to implement a more consistent and balanced approach to bringing nonconforming sites and uses into compliance with current zoning and development regulations. The regulations will have the effect of prohibiting increases in nonconformance and requiring correction of nonconformance as redevelopment occurs, which is proportional to the work is being performed and encourages nonconforming properties to re-invest in order to remain viable and occupied. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because the proposed amendments will result in the gradual and in some instances immediate correction of nonconforming properties, but not unduly hinder re-investment and improvement of nonconforming properties in the City of Federal Way. Section 3. FWRC 19.05.010 is hereby amended to read as follows: 19.05.010 A definitions. "Abandoned"means knowing relinquishment,by the owner,of right or claim to the subject property or structure on that property,without any intention of transferring rights to the property or structure to another owner,tenant,or lessee,or of resuming the owner's use of the property."Abandoned"includes but is not limited to circumstances involving tax forfeiture,bankruptcy,or mortgage foreclosure. "Abandoned personal wireless service facility"means a PWSF that meets the following: (1)Operation has voluntarily ceased for a period of 60 or more consecutive days;or (2)The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or (3)The antenna has been relocated at a point less than 80 percent of the height of the support structure;or (4)The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. Ordinance No. 15- Page 4 of 34 Rev 1/15 LU "Accessory"means a use or structure which is subordinate and incidental in size,scale,design,or purpose to the principal use or structure on the subject property,and supports the principal use or structure without displacing or dominating it.See FWRC19.265.010. "Accessory dwelling unit(AD U)"means either a freestanding detached structure,excluding outdoor storage containers and similar structures used or designed to be used as living facilities,or an attached part of a structure which is accessory to the main or primary dwelling unit located on the subject property, providing complete,independent living facilities exclusively for one single housekeeping unit,including permanent provisions for living,sleeping,cooking and sanitation. See FWRC 19.265.020.ADUs include: (1)"ADU,attached"means an accessory dwelling unit that has one or more vertical and/or horizontal walls in common with or attached to the primary dwelling unit. (2)"ADU,detached"means a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit. "Accessory living facility"means an area or structure on the subject property,which is accessory to a permitted use on a commercial subject property,providing provisions for living,cooking,sleeping and sanitation for an employee on the subject property and that employee's family,or for the business owner/operator and that person's family. "Active uses"means uses that by their very nature generate activity,and thus opportunities for natural surveillance,such as picnic areas, extracurricular school activities,exercise groups,etc. "Adjoining"means property that touches or is directly across a street from the subject property.For the purpose of height regulations,any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone. "Administrator"for the purpose of sign regulations means the director or his/her designated representative. "Adult entertainment, activity, retail, or use"shall mean all of the following: (1)"Adult theater"shall mean a building or enclosure or any portion thereof used for presenting ( ) g yP P material distinguished or characterized by an emphasis on matter depicting,describing or relating to specified"sexual activities"or"specified anatomical areas"(defined below)for observation by patrons therein and which excludes minors by virtue of age. (2)"Adult entertainment"shall mean a cabaret,nightclub or other establishment which features go-go dancers,exotic dancers,strippers,male or female impersonators, similar entertainers or attendants,who are so clothed or dressed as to emphasize"specified anatomical areas"and/or whose performances or other activities include or mimic"specified sexual activities"(defined in FWRC 19.05.190)and which establishment excludes minors by virtue of age,and shall mean any of the adult entertainment establishments as defined in FWRC 12.10.010. (3)"Panorama"and"peepshow"shall mean as defined in FWRC 12.10.010. (4)"Adult retail"shall mean a retail establishment which,for money or any other form of consideration,either: (a)Has as one of its principal purposes to sell,exchange,rent,loan,trade,transfer,and/or provide for viewing,off the premises,any adult-oriented merchandise; or (b)Provides,as its substantial stock-in-trade,for the sale,exchange,rental,loan,trade, transfer,and/or viewing or use,off the premises,any adult-oriented merchandise. Activities and uses defined as"adult entertainment,activity,retail,or use"are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. "Adult family home"means a residential home for which a person is licensed to provide personal care, special care,room,and board to more than one,but not more than six,adults who are not related by blood or marriage to the person or persons providing the services.The number of residents in an adult family home may be no more than the total of the residents being provided services,plus a family that includes at least one service provider.Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled Ordinance No. 15- Page 5 of 34 Rev 1/15 LU persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988,42 USC 3604(f)(3Xb).This definition shall not be applied to the extent that would cause a residential structure occupied by persons with handicaps,as defined in the Federal Fair Housing Amendments Act of 1988,to be treated differently than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.080. "Adult-oriented merchandise"shall mean any goods,products,commodities,or other wares,including, but not limited to,videos,CD-ROMs,DVDs,magazines,books,pamphlets,posters,cards,periodicals,or nonclothing novelties which depict,describe,or simulate"specified anatomical areas"or"specified sexual activities"(defined in FWRC 19.05.190). "Agricultural use"means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. See defmition of"urban agriculture." "Air rights"means the right to control the use of the space above the surface of the ground. "AKART"means"all known, available and reasonable methods of prevention,control and treatment," and is the most current methodology that can be reasonably required for preventing,controlling,or abating the pollutants associated with a point or nonpoint discharge. See also"best management practices." "Alluvium"means soil deposits transported by surface waters. Animal Care Facility. See definition of"animal kennel." "Animal kennel"means any structure or premises in which animals are boarded(including day care)or bred for a fee or compensation.Animal kennels may also offer grooming,training, sales of ancillary items,and related activities. "Antenna(s)"means any system of electromagnetically tuned wires,poles,rods,reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points,including,but is not limited to: (1)"Omni-directional(or`whip')antenna(s)"transmits and receives radio frequency signals in a 360- degree radial pattern. (2)"Directional(or`panel')antenna(s)"transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. (3)"Parabolic(or`dish')antenna(s)"is a bowl-shaped device for the reception and/or transmission of communications signals in a specific directional pattern. (4)"Ancillary antenna"is an antenna that is less than 12 inches in its largest dimension and that is not ( ) as3' g directly used to provide personal wireless communications services.An example would be a global positioning satellite(GPS)antenna. "Antique"or "collectible"means any article which, because of age,rarity,or historical significance,has a monetary value greater than its original value,or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. "Applicant"means a person who,whether personally or through an agent, seeks,requests,or applies for any permit,approval,license,franchise,development proposal,or capacity reserve certificate(CRC);a person who is the owner of property subject to this title,and a person who is engaged,whether personally or through an agent,in development activity."Applicant"includes both the principal and any agent. "Aquifer"means a geological formation that is capable of yielding a usable amount of fresh water to a well or spring. "Arcade"means a linear pedestrian walkway that abuts and runs along the facade of a building.It is covered,but not enclosed,and open at all times to public use.Typically,it has a line of columns along its open side.There may be habitable space above the arcade. "Architectural embellishments for sign regulations"means the aesthetic elements of the structure that includes or encloses a sign.They do not include any copy,text,logos,graphics, or other elements of the sign face or sign base,but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. Ordinance No. 15- Page 6 of 34 Rev 1/15 LU "Average building elevation MBE)"means the average of the highest and lowest existing or proposed ve is lowest,taken at the base of the exterior walls of the structure,or it means five elevations,whichever , feet above the lowest of the existing or proposed elevations,whichever is lowest.ABE is the elevation from which building height is measured. Height ; t I t i e I f { Lowest Refe pen tae Honest Relation datum(ABE) Relation "Average slope"means the average grade of land within each land area representing a distinct topographical change. "Awning"means a nonrigid,roof-like cover that projects from a building as a shelter,but that does not project above the adjacent parapet or roof of a supporting building. Section 4. FWRC 19.05.090 is hereby amended to read as follows: 19.05.090 I definitions. "Illegal Nonconformance"means those uses,developments,or lots that were not legal when they were created or established and do not conform with current zoning regulations.This definition shall be applied and developments as defined in this Chapter. to nonconforming lots,uses, p p "Improvement""means any structure or manmade feature, including but not limited to buildings, g P Y , crosswalks,parking lots,water mains driveways,roads(with or without curbs or gutters),sidewalks, ,p g mains, Y � � sanitary and storm sewers,drainage facilities,and planted street trees. "Industrial-commercial zone"means the CE zoning district. "Industrial uses"means those uses allowed only in the CE zone as listed in FWRC 19.240.010 through 19.240.040. "Inflatable advertising device"means an advertising device that is inflated by some means and used to attract attention,advertise,promote,market,or display goods and/or services.These devices include large single displays or displays of smaller balloons connected in some fashion to create a larger display. "Ingress/egress and utilities easement"means privately owned land used and legally committed,through easements,plat restrictions,or similar mechanisms,to providing access for vehicles and pedestrians to properties other than the property within the tract or easement.It may also provide space for utility lines and appurtenances,and other devices and facilities benefiting nearby properties or the public.See definition of"vehicular access easement or tract." "Inoperable motor vehicle"shall be any vehicle that has been in a stationary position for more than 14 days, is apparently inoperable or requires repairs in order to be operated legally on the public roads or is unable to move a distance of 10 feet on level pavement under its own power. Ordinance No. 15- Page 7 of 34 Rev 1/15 LU "Institutional uses"mean the following uses:schools,churches,colleges,hospitals,parks,governmental facilities and public utilities. "Invasive species"include non-native species of plants or animals that out-compete native species in a specific habitat and that cause or are likely to cause economic or environmental harm or harm to human, animal or plant health.Invasive species include species on the noxious weed list maintained by the King County noxious weed control board. See also"native vegetation"and"nuisance vegetation." "Irrevocable license"means a written irrevocable permission given by a property owner to the city for specified purposes. Section 5. FWRC 19.05.120 is hereby amended to read as follows: 19.05.120 L definitions "Land division"means any process by which individual lots,parcels,or tracts are created for the purpose of sale,lease,or transfer.Land divisions include,but are not limited to,conventional subdivisions(both short and long plats),binding site plans,cluster subdivisions,cottage housing,zero lot line townhouse development,and small lot detached development. "Landscaping"means the planting,removal and maintenance of vegetation along with the movement and displacement of earth,topsoil,rock,bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. "Landward"means toward dry land. "Legal Nonconformance"means those uses,developments,or lots that complied with the zoning regulations at the time the use,development,or lot was created or established,but do not conform with current zoning regulations.This definition shall be applied to legal nonconforming lots,uses,and developments as defined in this Chapter. "Linear frontage of subject property"means the frontage of the subject property adjacent to all open, improved rights-of-way other than Interstate 5.If the subject property is not adjacent to an open, improved right-of-way,"linear frontage"means the frontage of the subject property on any public access easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights-of- way. "Lot"means a parcel of land,of sufficient area to meet minimum zoning requirements,having fixed boundaries described by reference to a recorded plat,to a recorded binding site plan,to metes and bounds, or to section,township and range. "Lot area"means the minimum lot area per dwelling unit based on the underlying zone.For single- family lots,the area of a vehicular access easement,private tract,flag pole,or access panhandle shall not be credited in calculation of minimum lot area. "Low density use"means a detached dwelling unit on a subject property that contains at least five acres. "Low density zone"means the following zones: SE and comparable zones in other jurisdictions. "Low impact development(LID)"means a stormwater management strategy that emphasizes conservation and use of existing features integrated with distributed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential,commercial,and industrial settings. Section 6. FWRC 19.05.140 is hereby amended to read as follows: 19.05.140 N definitions "Native vegetation"includes native,undisturbed areas or rehabilitation of previously disturbed areas that consist of trees,plants,forest litter,and understory indigenous to the Pacific Northwest or near natives that are suitable for the Pacific Northwest climate. Invasive species,such as Himalayan Blackberry or Scotch Broom,are not native species. Ordinance No. 15- Page 8 of 34 Rev 1/15 LU "Natural features"means physical characteristics of the subject property that are not manmade. "Natural materials"means materials chemically unaltered from their natural state. "Natural surveillance"means easy observation of buildings,spaces,and activities by people passing, living,working,or recreating nearby. "Nonconformance"means any use,development,structure, improvement,lot,condition,activity,or any other feature or element of private or public property,or the use or utilization of private or public property,.that does not conform to any of the current provisions of this title "Nonconforming Development"means any buildings,structures,or improvements,which do not conform to the current bulk and dimensional standards and other regulations of the zoning district in which they are located including but not limited to setbacks,height limits,density, landscaping,off-street parking, other parking requirements,lot coverage,and drainage facilities,including low impact development. "Nonconforming Lot"means any lot which does not conform to the current standards of the zoning district in which it is located. "Nonconforming Use"means any existing use which is currently not permitted in the zoning district in which it is located. "Nonliving groundcover"means gravel, chipped bark or similar nonpolluting material through which water can freely percolate to the soil beneath. "Nonmotorized vehicles"includes but is not limited to travel and camp trailers,utility trailers,truck campers,and boat or vehicle transport trailers. "Normal maintenance"includes interior and exterior repairs and incidental alterations. repair and replacement, "Normal maintenance and repair"includes,but is not limited to,painting,roof ep p t, plumbing,wiring and electrical systems,mechanical equipment replacement and weatherization. "Incidental alterations"includes,but is not limited to,construction of nonbearing walls or partitions. "Notice of determination"for sign regulations means the determination that the city issues as to whether a°sign conforms to this title and other sections of this Code. "Nuisance vegetation"shall mean any tree or vegetation that,in the opinion of the city or an expert approved by the city(such as,but not limited to,a professional forester, certified arborist,or landscape architect),is an invasive variety, is an allergen,or due to its location is causing or is likely to cause damage to a permanent structure,or other economic or environmental harm or harm to human,animal,or plant health that cannot be mitigated without removal of the tree or vegetation. "Nursing home"means the same as"convalescent center." Section 7. FWRC 19.05.180 is hereby amended to read as follows: 19.05.180 R definitions "Redevelop or Redevelopment Project"for the purpose of nonconformingwater quality(improvements) means a project that proposes to add,replace,or modify impervious surface(for purposes other than a residential subdivision or maintenance)on a site that is already substantially developed in a manner consistent with its current zoning,or with a legal nonconforming use,or has an existing impervious surface coverage of 35 percent or more.Water quality for the entire subject property must be brought into compliance with the Federal Way Revised Code. "Recreational vehicle"means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters,is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot. Ordinance No. 15- Page 9 of 34 Rev 1/15 LU "Registration sticker"for the purpose of sign regulations means the sticker that is assigned to a sign that has been inventoried and has been determined to comply with this title and other sections of this Code. "Regulated lakes"means lakes that are less than 20 acres in size that are not regulated as shorelines of the state.Vegetated areas that are located in and around the margins of regulated lakes shall comply with wetland regulations. "Relative"means persons connected through blood,marriage or other legal relationships by not more than four degrees or affinity or consanguinity and including persons under legal guardianship. "Required yard"means the area adjacent to and interior from a property line or the ordinary high water mark(OHWM)of a lot,as prescribed by regulations,and is the minimum required distance between a structure and a specific line,such as a property line,edge of private tract,or vehicular access easement that is required to remain free of structures.If two or more required yards are coincidental,the area will be considered the required yard with the greater dimension.Yards are also known as setbacks.Except for flag lots,required setbacks are categorized as follows: (1)Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance therefrom equal to the required front yard depth. (2)Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom equal to the required rear yard depth. (3)Side. That portion of a lot adjacent to and parallel with each side property line and at a distance therefrom equal to the required side yard depth.All required yards not otherwise categorized shall be designated side yards. "Residential use"means developments and occupancy in which persons sleep and prepare food,other than developments used for transient occupancy. "Residential zone"means the following zones: SE,RS 35.0,RS 15.0,RS 9.6,RS 7.2,RS 5.0,RM 3.6, RM 2.4,RM 1.8 and comparable zones in other jurisdictions. "Restaurant"or "tavern"means commercial use(excluding fast food restaurants)which sells prepared food or beverages and generally for consumption on the premises. "Retail establishment"means a commercial enterprise which provides goods and/or services directly to the consumer,where such goods are available for immediate purchase and removal from the premises by the purchaser. "Retail sales, bulk,"means a retail establishment engaged in selling goods or merchandise to the general public as well as to other retailers,contractors,or businesses,and rendering services incidental to the sale of such goods,involving a high volume of sales of products in a warehouse setting,and may include membership warehouse clubs, i.e., "big box"retail.Bulk retail is differentiated from general retail by any of the following characteristics: (1)Items for sale include large,categorized products,e.g., lumber,appliances,household furnishings, electrical and heating fixtures and supplies,wholesale and retail nursery stock,etc.;and may also include a variety of carry out goods,e.g., groceries,household,and personal care products; (2)A large inventory of goods and merchandise is stored on the subject site in high-ceiling warehouse areas,high-rack displays,and/or outdoor storage areas;and (3)High volume truck traffic,regular pick up and delivery of large items, a designated contractor pick-up area,and high parking-to-building ratios. "Retail sales,general and specialty,"means a retail establishment that is not engaged in bulk retail and includes the sale of smaller items such as groceries,drug store sundries, specialty hardware,paint supplies,and sports equipment,etc.,typically selling to the general public and is differentiated from bulk retail by the size of the building, size of items purchased,sales volume,and typically does not sell at a discount or in a volume warehouse store. "Retail shopping center, regional"means a series of unified commercial establishments that provide retail,entertainment,or professional services on a site comprised of at least 50 acres,with direct access to a state or federal highway,with shared parking facilities,with a combined gross floor area of at least Ordinance No. 15- Page 10 of 34 Rev 1/15 LU 500,000 square feet,and with all or some of the stores configured with an inward orientation and connected with common interior walkway(s). "Right-of-way,"in addition to its normal meaning,may include,for purposes of the community design guidelines or sign regulations, land privately owned, used primarily for the movement of vehicles or pedestrian traffic,so long as such privately owned land has been constructed in compliance with all applicable laws and standards for a public right-of-way. "Right-of-way realignment"means the changing of the horizontal position of the improvements in a right-of-way. "Roofline"means the line formed by the outside of the gable of the roof,or if the roof is flat or mansard, the top of the roof or mansard. "Runoff"means the overland or subsurface flow of water. Section 8. Chapter 19.30 section list of the Federal Way Revised Code is hereby amended and adds new sections to read as follows: Chapter 1930 NONCONFORMANCE Sections: 19.30.010 Purpose and intent. 19.30.020 Administration. I .-_. • 19.30.040 Regulations of legal nonconforming uses not identified in particular zoning districts. 19.30.050 Abatement of illegal nonconformance -• • _ -- . 19.30.060 Immediate compliance with certain provisions required. 19.30.070 Certain nonconformances specifically regulated Generally. 19.30.080 Nonconforming use. 19.30.085 Nonconforming lots(buildable lots). 19.30.090 Nonconforming development. 19.30.100 Nonconforming signs. 19.30.110 When public improvements must be installed. 19.30.120 Nonconforming water quality improvements. 19.30.130 Special provisions for residential uscs. 19.30.140 Nonconforming accessory dwelling units. 19.30.150 Nonconforming adult entertainment,activity,retail,or use. 19.30.155 Nonconforming outdoor storage containers. 19.30.160 Special provisions for compliance with government regulations. 19.30.170 Special provisions for critical aquifer recharge areas. 19.30.180 Prohibition on increasing nonconformance. 19.30.190 Applicability of building codes. 19.30.200 Special provision for damaged improvements. 19.30.210 Appeals. Ordinance No. 15- Page 11 of 34 Rev 1/15 LU Section 9. FWRC 19.30.010 is hereby amended to read as follows: 19.30.010 Purpose and intent. The purpose of this chapter is to allow for the continuance and maintenance of legally established nonconforming uses,developments,and lots ,and to provide standards defming beating the circumstances in which nonconforming uses,developments,and lots must be brought into conformance with the standards and provisions prescribed within this title.In particular,the intent of this chapter is to: (1)Ensure a reasonable opportunity for the use and development of legally created nonconforming lots (see buildable lot,FWRC 19.105.010). - - (2)Ensure a-reasonable opportunitiesy for the use,maintenance,and minor improvement of legally nonconforming developments . ;.' . • , . • . . - . .. •- . . -• , .. • • - .. . . - - _ -- : .. • . _ •_ .and allow a reasonable opportunity for changes in use and tenants of nonconforming developments. (3)Ensure a reasonable opportunity for continuation of legally established nonconforming uses,but prohibit their expansion. •• . .. . . .- . . . . .• . , , . - . - leeated. (4)Encourage the removal and replacement of nonconforming uses with conforming uses having -• • • • . - • .. is on conforming uses. (5)Encourage the upgrading of nonconforming developments to conforming developments buildings, • - • - ' - , -. •- • •. - - • ,. . ; • • ,- ., . •• with the applicable regulations prescribed by this title. Section 10. FWRC 19.30.020 is hereby amended to read as follows: 19.30.020 Administration. This chapter establishes when and under what circumstances nonconforming aspects of a use, development,or lot must be brought into conformance with this title.The provisions of this chapter should be used only if there is some aspect of the use,er development,or lot that is nonconforming not peed under this title. Section 11. FWRC 19.30.030 is hereby repealed in its entirety: _ , - - . -. • , . . .. • . - - :-•-: • - Ordinance No. 15- Page 12 of 34 Rev 1/15 LU Section 12. FWRC 19.30.040 is hereby amended to read as follows: 19.30.040 Regulations of legal applicable to nonconforming uses not identified in particular zoning districts. If a use is nonconforming in the zone in which it is located,this title does not establish applicable dimensional or other regulations. If the use is a legal nonconforming use,the city will,in order to identify applicable regulations,determine the zone that allows the uses most similar to the nonconforming use and apply the development regulations of that zone.If the use is a legal nonconforming use that is allowed in one or more zones other than the zone in which it is located,the city shall determine the zone most similar to the zone in which the nonconforming use is located and apply the development regulations of that zone. Section 13. FWRC 19.30.050 is hereby amended to read as follows: 1930.050 Abatement of illegal nonconformance . (1)Generally. Except as specified in subsection(2)of this section,any nonconformance that was illegal when initiated must immediately be brought into conformance with this chapter.The city may,using the provisions of this chapter or any other applicable law, immediately abate any nonconformance that was illegal when initiated. (2)Exceptions. If an illegal nonconformance has ever been in complete conformance with an applicable zoning code it may continue to exist subject to the provisions of this chapter,and it is not subject to abatement under subsection(1)of this section. Section 14. FWRC 1930.060 is hereby amended to read as follows: 1930.060 Immediate compliance with certain provisions required. (1)Generally. Regardless of any other provision of this chapter,the following nonconformances must be immediately brought into conformance with the applicable regulations of this title: (a)Nonconformance that constitutes a public nuisance under FWRC Title 7; (b)Nonconformance with the lighting standards in FWRC 19.105.030(3); (c)Nonconformance with the standards in the International Fire and Building Codes,to the extent that the nonconformance poses a threat to life or safety,as determined by the dDirector and Fire Marshall itt (d)Nonconformance with the provisions in Chaptcr 19.125 FWRC,Articles III and IV,and Chapter 19.130 FWRC;Articles V-threugh VII,regarding parking and storage of large vehicles in residential zones; (e)Nonconformance with the provisions in Chapter 19.140 FWRC regarding portable outdeer-signs; (1)Nonconformance with the provisions in Chapter 19.140 FWRC regarding location of signs extending over rights-of-way. (2)Abatement. The city may,using any of the provisions of this Code or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection(1)of this section. Ordinance No. 15- Page 13 of 34 Rev 1/15 LU Section 15. FWRC 1930.070 is hereby amended to read as follows: 19.30.070 Certain nonconformances specifically regulated--Generally. (1)This chapter FWRC 19.30.080 through 19.30.110 specify when and under what circumstances eeftein nonconformances must be corrected.If a nonconformance must be corrected under this chapter section,the applicant must,as part of the application for any development permit,submit all information that the city reasonably needs to review the application for compliance with this chapter correction.In The city may withhold,at the discretion of the Director,all land use,building permit,other approvals,and/or issuance of the certificate of occupancy until the required conformance is achieved. (2)If FWRC 19.30.060 applies to a specific nonconformance,the provisions of this section do not apply to that same nonconformance. Section 16. FWRC 19.30.080 is hereby amended to read as follows: 1930.080 Nonconforming use. (1)Any nonconforming use must be terminated if: (a)The applicant is expanding gross floor area on the subject property,whether the expansion involves an addition to an existing_building or a new and separate structure isi ral nonconforming - - - ._ Y.. appraisal must be from a state ecrti€ed real estate appraiser. (be)The subject property has been abandoned. us Section 17. Chapter 19.30 of the Federal Way Revised Code is hereby amended to add a new section 19.30.085 to read as follows: 19.30.085 Nonconforming lots(buildable lots). The development of a nonconforming lot under this section shall be subject to the buildable lot provisions of FWRC 19.105.010(21 Ordinance No. 15- Page 14 of 34 Rev 1/15 LU Section 18. FWRC 19.30.090 is hereby amended to read as follows: 1930.090 Nonconforming development. (1)All nonconforming aspects of a development must be brought into conformance if 1-i�n}-any -- - (a)An applicant proposes to add to the subject property either 2,500 square feet of new gross floor area or more;or 25 percent of the gross floor area or more of the building(s)on the subject property whichever is less,within any consecutive 36-month time period commencing at the time of building permit issuance;.or ' • • ... - - • - - provisions related to critical areas(Division V of this title),off street parking(Chapter 19.130 FWRC), improvements(Chapter 19.135 FWRC),and landscaping(Chapter 19.125 FWRC). ' . . . _ _ . •- • - - - .. - • . , . . - f _ ... , • - • , .- . - , -•• - , . _ . . , _ ., • , .. •--- • - .. _. - - - ..! -- - (b)The property is abandoned. .. .. ••. . -. " .. - •, , • • •. site. •r•• . - -. . .. . •. - - • . • .,.. , •• . -- • ••.•. .. .. -. , ., _ . - • . . , _.. _ .". _ , . . _•, .. . . Ordinance No. 15- Page 15 of 34 Rev 1/15 LU - , ... . , -.. • .. • M.Ia a , a , , . (2)Exceptions. (a)For a building(or group of or buildings)greater than or equal to 50,000 square feet,conformance as identified in subsection(1)is not required unless the applicant proposes to add 4,900 square feet of new gross floor area to the subject property or ten percent of the gross floor area of the building(s)on the sub•ect aro e- whichever is eater within an consecutive 36-month time ,eriod commencin. at the time of building permit issuance;or (b) An increase in gross floor area of an existing single-family residential dwelling shall be allowed provided the nonconformance of the existing structure is not increased and the addition complies with all development regulations in effect at the time of the proposal;or (c)If the increase in gross floor area involves an existing single-story building in the city center that is nonconformin. as to the ! ound floor size limits established in Chapter 19.225 FWRC the existin building footprint shall not be enlarged,except the director may approve minor additions such as entry structures,lobbies, seating or dining areas,bay windows,and similar features; provided,that such addition(s)shall not exceed 1,000 square feet per building in any one consecutive 12-month period,and shall not increase the extent of any other nonconformance. (32)This section does not govern application of Chapter 19.115 FWRC,Community Design Guidelines; application of Chapter 19.115 FWRC is governed by FWRC 19.115.010 through 19.115.1280,as amended.This section also does not govern application of development regulations relating to water quality, signs, or street/sidewalk improvements;application of those development regulations is governed by FWRC 19.30.1280, 19.30.1410, 19.30.120 and 19.135,028,all as amended. Section 19. FWRC 19.30.100 is hereby repealed in its entirety: investment in signs in existence en the date ef adoption ef this Codo,-er en the date of annexation if application of this section. Ordinance No. 15- Page 16 of 34 Rev 1/15 LU _ a' -- .. -•.1► • . I. - •_ . - ., . - --. _ • .. . - . complies with the sign regulations-of Chapter 19.140 FWRC, Signs,or any other sections of this .. . - - - 4. , •• • --- •. . - - • Y'• • - -• . . .- - - • . . - . . . . . - _ , . . •- . -•.. . . .- • • . . . . . . . . . . - _ - . .- • • . ---. Ordinance No. 15- Page 17 of 34 Rev 1/15 LU m exemption.. • • • I. i I _ I' - • ••• ; r , pursuant to FWRC 19.135.300 et seq.; (7)Loss of legal nonconforming sign status.All legal nencen€armi -a . ., -- ., , • , , „• , - of any structure that houses or suppefts the use with which the legal neneonforming sign is associated. :., r. , Ordinance No. 15- Page 18 of 34 Rev 1/15 LU FWRC 19.05.030. - • - ! .. - Y -- • - .• _ • ••• .•- -- - -- - ., •• . - ., .' . to the city thereafter. - - . •- . _ - . -- . - . ... . .. . - , '- - ... . , - (a)A sign that becomes nonconforming with respect to its setback from the edge of a public right of • . . - . , , .• , . . _ -- ---• . . . . . . .. - • Y.. - . , . • _ • • - 5 - -- • -"- • - _ • . • • •. - -•. ' • . ' . . . " . Z": ", . - . " - . . . . . , -- - - - _ • _ .I• . r ant to FWRC 1 .135.30 0 et sc • and u su C 9 p seq.; Ordinance No. 15- Page 19 of 34 Rev 1/15 LU • Y.. .. - • court or recorded prior to the effective-date of annexation;(C)the consent decree or settlement Y • •":.• , • - , - - , .. - - -. - - .. -. , I. t. e . •- - - -- - - . -. -- -- (d)Exemption. The city may elect net to apply any prevision of this section if the removal of a sign -17.42 RCW. Section 20. FWRC 19.30.120 is hereby amended to read as follows: 19.30.120 Nonconforming water quality improvements. This section sets forth the standards wh en and under what circumstances a , developments er subject property that does not conform to the development regulations in FWRC Title 16 relating to water quality must be brought into compliance ' •- . - (1)Redevelopment. For the purposes of this section, "redevelop"or "redevelopment"means a project that proposes to add,replace,or modi 'impervious surface(for purposes other than a residential subdivision or maintenance)on a site that is already substantially developed in a manner consistent with � X Y P its current zoning,or with a legal nonconforming use,or has an existing impervious surface coverage of 35 percent or more.Water quality for the entire subject property must be brought into compliance with Title 16 FWRC,where the proposed redevelopment meets or exceeds the thresholds set forth below pursuant to this chapter,and shall be done in accordance with the approved King County Surface Water Design Manual or equivalent, as amended. ... - .. . •, ' -• , Ordinance No. 15- Page 20 of 34 Rev 1/15 LU elopment. (a)Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; (b)Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more,or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; (c)Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface,when such redevelopment is not part of a routine maintenance activity; (d)Redevelopment which involves the collection and/or concentration of surface and/or stormwater runoff from a drainage area of 5,000 square feet or more; (e)Redevelopment which contains or directly discharges to a floodplain,stream,lake,wetland,or closed depression,groundwater recharge area,or other water quality sensitive area determined by the public works director,based on a written map,policy,water quality monitoring data or plan in existence or implemented by the public works director prior to submission of a redevelopment application which is determined to trigger application of this subsection,or based on information developed during review of a particular redevelopment application; (f)Redevelopment which involves a change in use,and the changed use has a potential to release a new pollutant(s)to surface water systems within the city.For the purposes of this subsection, "new pollutant(s)"means a pollutant that was not discharged at that location immediately prior to the change in use,as well as a pollutant that was discharged in less quantities immediately prior to the change in use; (g)Redevelopment,other than normal maintenance or other than the tenant improvements,but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value(whichever is greater)of the structure or improvement being redeveloped.The appraisal must be from state-certified general appraiser.For purposes of determining value under this section,improvements required pursuant to FWRC 19.30.090 (nonconforming development),FWRC 19.30.110(street/sidewalk improvements),this section (nonconforming water quality improvements)and FWRC 19.135.030(street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection; (h)Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem,as determined by the public works director based on a map,plan,water quality monitoring data or a written policy in existence or implemented by the public works director prior to submission of a redevelopment application determined to trigger application of this subsection,where the public works director determines that the redevelopment requires additional specific controls to address the documented water quality problem. (2) Timing. All improvements required by this section shall be constructed or installed concurrent with the redevelopment triggering application of this section,unless an applicant for redevelopment opts to Ordinance No. 15- Page 21 of 34 Rev 1/15 LU pursue incremental construction of required improvements. In that event,the applicant shall develop and submit to the public works director a stormwater management plan detailing all of the improvements required by this section,and proceed according to the following subsections. (a)Extent of construction of required water quality improvements. Where the public works director determines that incremental construction is physically feasible,the applicant shall construct that portion of the required improvements according to the following schedule: %of %of Water Redevelopment Quality Improvements 0—24 25 25—49 50 >50 100 Where construction of 100 percent of water quality improvements is required under this subsection, the improvements may be constructed over a period extending no more than five years from the date of approval of the redevelopment.A person choosing to utilize such extended construction shall provide,prior to approval of the stormwater management plan,a performance bond and bond agreement that: (i)Have a term equal to the construction schedule proposed in the plan; and (ii)Comply with the applicable requirements of Chapter 19.25 FWRC,as amended. (b)Incremental construction not feasible. Where the public works director determines that incremental construction is not physically feasible, 100 percent of the required water quality improvements must be installed,concurrent with the redevelopment. (c)Calculation of redevelopment value. For purposes of calculating the value of redevelopment in order to apply subsection(2)(a)of this section,the public works director shall consider the cost of the proposed redevelopment as a percentage of the assessed or appraised value of all structures on the subject property.The appraisal must be from a state-certified real estate appraiser. (d)Subsequent redevelopment. Whenever any person seeks approval for redevelopment on property for which incremental construction of required water quality improvements was previously authorized pursuant to this subsection(2),any additional water quality improvements to be required shall be determined by application of the schedule in subsection(2)(a)of this section based on the stormwater management plan prepared as part of the first request for authorization of incremental construction.If water quality requirements have changed since preparation of the initial stormwater management plan,a new plan shall be prepared detailing improvements required to comply with any existing and new requirements,and the schedule in subsection(2)(a)of this section shall also be applied to the new plan. (3)Location of water quality improvements. A person proposing redevelopment on a property or site having a Federal Way comprehensive plan designation of CC-F(City Core—Frame)or CC-C(City Core —Center)may construct water quality facilities required by this section below grade. Ordinance No. 15- Page 22 of 34 Rev 1/15 LU Section 21. FWRC 19.30.130 is hereby repealed in its entirety: I i • ; . . :, , . - . . . building-per : • •- - --. { - - -- •-, - - ' -- - - • - . , . , Y.. . .. . ' . _ . • .. - - .. - . .. . - . •, _ , • . , . . -• . .. - •• • . - - 1' - • 1• • .. . . S. I P : . (Chapter 19.135 FWRC),and landscaping(Chapter 19.125 FWRC). .. . . . . .. . . •- - _ , , .. . -- - . . . . - ., . . . .. - - off street g(Chapter )arkin Cha ter 19.130 FWRC), improvements(Chapter 19.135 FWRC),and landscaping p (Chapter 19.125 FWRC). Section 22. FWRC 19.30.140 is hereby amended to read as follows: 1930.140 Nonconforming accessory dwelling units. (1)Eligibility. Any nonconforming accessory dwelling unit("ADU")located within the city limits on the date of adoption of this Code,February 28, 1990,or located in areas annexed to the city thereafter,which does not conform to FWRC 19.195.180, 19.200.180, 19.265.020 or any other provisions of this Code,is eligible for designation as a legal nonconforming ADU provided it meets the following requirements: (a)The ADU was covered by a permit on the date of adoption of this Code,if one was required under applicable law;or (b)If no permit was required under applicable law,the ADU was in compliance with applicable law on the date of adoption of this Code. Ordinance No. 15- Page 23 of 34 Rev 1/15 LU (2)Allowed. All legal nonconforming ADUs are allowed subject to the provisions related to loss of nonconforming status and other limitations set forth in this title. (3)Loss of legal nonconforming ADU status. All Legal nonconforming ADUs shall be immediately removed or modified to conform to all of the provisions of this Code and a permit secured therefor,and shall lose their legal nonconforming designation when one or more of the following events occur: (a)Increase in square footage. The applicant is increasing increases the gross floor area of the any ADU;or (be)Abandonment or cessation of occupancy. The subject property containing the ADU is abandoned for 90 or more consecutive days or the ADU is not occupied for 180 consecutive days,kef FWRC 19.05.030. Section 23. FWRC 19.30.155 is hereby amended to read as follows: 1930.155 Nonconforming outdoor storage containers. (1)Eligibility. Any outdoor storage container located within the city limits on the date of adoption of this Code,February 28, 1990,located in areas annexed to the city thereafter on the date of annexation,or approved by the city after February 28, 1990,and before the effective date of the ordinance codified in this section regulating outdoor storage containers,which does not conform to FWRC 19.125.180 or 19.275.110,or any other applicable provisions of this Code, is eligible for designation as a legal nonconforming outdoor storage container provided it meets the following requirements: (a)The outdoor storage container was established pursuant to a permit and is in compliance with any permit requirements,if one was required under applicable law;or (b)If no permit was required under applicable law,the outdoor storage container was in compliance with applicable law. (2)Allowed. All legal nonconforming outdoor storage containers are allowed subject to the provisions related to loss of nonconforming status and other limitations set forth in this chapter. (3)Loss of legal nonconforming status. All Legal nonconforming outdoor storage containers shall be immediately removed or modified to conform to all of the provisions of this Code and a permit secured therefor,and shall lose their legal nonconforming designation when one or more of the following events occur: (a)Increase in gross floor area. The applicant is increasing increases the gross floor area of the . principal use on the subject property whereon the container is located;or Ordinance No. 15- Page 24 of 34 Rev 1/15 LU (be)Abandonment. The subject property containing the storage container is abandoned for 90 or more consecutive days_;—er FWRC 19.05.030. Section 24. FWRC 1930.160 is hereby amended to read as follows: 19.30.160 Special provisions for compliance with government regulations. The provisions of this section will be followed regardless of any conflicting regulations of this chapter. Any regulations of this chapter which do not conflict with the provisions of this section are unaffected by this section. (1)Oil tanks. Any excavation,development activity or construction performed to comply with the "Underground Storage Tanks; Technical Requirements and State Program Approval;Final Rules"(40 CFR 280 and 281),as now existing or as hereafter amended or with the provisions of Chapter 90.76 RCW,or any regulations adopted thereunder,may not be used as the basis,or part of the basis,for requiring that nonconformance on the subject property be corrected. (2)Governmental acquisition of property for right-of-way expansion (including easements). (a)A proposal for improvements •. • . - • - - •• • - shall not trigger a requirement otherwise applicable under FWRC 19.30.090 that an applicant correct an existing• nonconformance . . . -, •• ^ • , • • 2, •• •° • • :, - rcquirements, if the nonconformance was created solely by a local, state,or federal government acquisition of property for right-of-way expansion,and if the proposal meets the following requirements: Oa)The nonconformity is not,in any way,enlarged, expanded,increased, intensified, compounded,or in any other way made greater, and the improvement.The appraisal must be frem a state certified real estate appraiser.For purpose) • . £ , . . . . . . .- (iie)The proposal is otherwise consistent with the public health,safety,and welfare. (b)Where governmental acquisition of property or easement results in the need to relocate nonconforming improvements,those improvements may be relocated on the subject property provided they are not made more nonconforming. (3)Other government regulations. Other than as specified in subsection(1)of this section,the city may, using process W III,exempt a property or use from any of the requirements of this chapter if: Ordinance No. 15- Page 25 of 34 Rev 1/15LU (a)The actions or events which form the basis of requiring that nonconformance on the subject property be corrected are necessitated solely to comply with local,state or federal regulation; (b)The actions necessitated to comply with those regulations will not significantly extend the expected useful life of the nonconforming aspect;and (c)The public benefit of complying with the local,state or federal regulation clearly outweighs the public benefit in correcting the nonconformance. Section 25. FWRC 19.30.170 is hereby amended to read as follows: 19.30.170 Special provisions for critical aquifer recharge areas. The provisions of this section will be followed regardless of any conflicting regulations of this chapter. Any regulations of this chapter that do not conflict with the provisions of this section are unaffected by this section.If a nonconformance must be corrected to comply with FWRC 19.145.450,the applicant must,as part of the application for the development permit,submit all information that the city reasonably needs to review the application for compliance with the applicable regulations of this title eeffeetien. In addition,the city will not issue a land use approval or building permit until the correction is made. (1)A nonconforming use as defined in FWRC 19.145.480 may be continued unless the thresholds of FWRC 19.30.080 are reached,in which case it shall be terminated. (2)Regardless of the thresholds in FWRC 19.30.090,any use,applying for a development permit within six-month,one-year,five-year,or 10-year capture zones must be brought into compliance with the protection measures specified in FWRC 19.145.500. Section 26. FWRC 19.30.200 is hereby amended to read as follows: 19.30.200 Special provision for damaged improvements. If a nonconforming use or development iffiprevement is damaged by sudden accidental cause,that improvement use or development,including associated improvements,may be reconstructed if it meets the following requirements and not otherwise: (1)The use or development, including associated improvements,as reconstructed, is not any more nonconforming than it was immediately prior to the damage.The cost of reconstructing thc damaged improvement docs not exceed 75 percent of the assessed or apprais a : . - - -- - .• the-gage: (23)The applicant applies for building and any land use permits to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to such permits. Ordinance No. 15- Page 26 of 34 Rev 1/15 LU Section 27.Chapter 19.105 section list of the Federal Way Revised Code is hereby amended and adds a new section to read as follows: Chapter 19.105 GENERAL DEVELOPMENT REGULATIONS Sections: 19.105.010 Buildable lot Mg-site. 19.105.020 Essential public facilities. 19.105.030 Lighting regulation. 19.105.040 Regulation of work hours. 19.105.050 Group homes. 19.105.060 Social service transitional housing. 19.105.070 Family day care. 19.105.080 Adult family homes. 19.105.090 Regulated wellhead. 19.105.100 Repair of site improvements. Section 28. FWRC 19.105.010 is hereby amended to read as follows: 19.105.010 Buildable toting-site. (1)General.It is a violation of this title to erect a structure on or to otherwise use or occupy any lot or parcel unless that lot or parcel is a legal buildable lot big site.A lot or parcel is a legal buildable lot Mg site if it meets all of the following criteria: (a)It was created or segregated pursuant to all applicable laws,ordinances and regulation then in effect. (b)Except as specified in subsection(2)of this section,it is at least as large as the minimum lot size established by this title. (c)It is adjacent to a street,access tract,or driveway providing access to that lot or parcel,that meets the minimum requirements of the International Fire Code and other code provisions established by or under this title. (d)Nothing in the above section eliminates the requirement to comply with all other provisions of the FWRC,or other applicable regulations,prior to obtaining a building permit or other construction permit. (2)Exception,detached dwelling units. Subject to all other requirements of this title,an applicant may build one detached dwelling unit on a lot or parcel regardless of the size of the lot or parcel,if: (a)There is or has ever been a residence on the subject property;or Ordinance No. 15- Page 27 of 34 Rev 1/15 LU (b)It is a legal nonconforming lot and the owner does not own contiguous lots;or The lot lines . _ - _ - - . . . . . .. . . , . . . ... (c)Lots less than 50 percent of the minimum lot size required by this title are combined with one or more contiguous lots under the same ownership until the resulting lot equals at least 50 percent of the minimum lot size required.If that is not possible,all lots under contiguous ownership are combined into one lot,which may then be developed. (d)The intent of this exception shall not be to construe remnant lots or tracts as buildable lots.Lots that are not considered buildable lots are those that were not created for the purposes of land development and include but are not limited to,vacated rights of ways,tracts,lot fragments resulting from surveying errors,public or private easements, and assessor"tax parcels"created by segregation. Section 29. Chapter 19.105 of the Federal Way Revised Code is hereby amended to add a new section 19.105.100 as follows: 19.105.100 Repair of site improvements. If the use conducted on the subject property has ceased for more than one consecutive 12 month period, the applicant shall repair and/or restore the existing improvements on the site(e.g.,drainage, landscaping, curbing,parking striping,etc.)to a condition as near as physically possible to the condition required under the approval(s)of the existing development.This provision shall be implemented as a condition of the building permit, land use,or subdivision approval. Section 30. Chapter 19.140 section list of the Federal Way Revised Code is hereby amended to add a new section to read as follows: Chapter 19.140 SIGNS Sections: 19.140.010 Purpose. 19.140.030 Scope. 19.140.040 Permits. 19.140.050 Permit exceptions—Maintenance and operation. 19.140.060 Exempt signs. 19.140.070 Temporary and special signs. 19.140.080 Government signs. 19.140.090 Residential zone signs. 19.140.095 Residential zone signs—Real estate signs within rights-of-way. Ordinance No. 15- Page 28 of 34 Rev 1/15 LU 19.140.100 Sign registration. 19.140.110 Bond. 19.140.120 Tables of sign allowances. 19.140.130 Prohibited signs. 19.140.140 Signs in nonresidential zoning districts—Freestanding signs. 19.140.150 Signs in nonresidential zoning districts—Building-mounted signs. 19.140.160 Signs in nonresidential zoning dish icts—Sign area multipliers. 19.140.170 Construction standards. 19.140.180 Variance from sign code. 19.140.190 Compliance and enforcement. 19.140.200 Reserved—Comprehensive design plan. 19.140.210 Nonconforming signs. Section 31. Chapter 19.140 of the Federal Way Revised Code is hereby amended to add a new section Nonconforming signs to read as follows: 19.140.210 Nonconforming signs. (1)Purpose. In order to ease the economic impact of this Code on businesspersons with substantial investment in signs in existence on the date of adoption of this Code, or on the date of annexation if located in areas annexed to the city thereafter,this section provides for up to 10 years of continued use of a nonconforming sign in its existing state.During_this period, it is expected that the sign may be amortized in its value over this 10-year time period and/or may be amortized for federal income tax .0 .oses• .rovided however that whether a si.n is amortized for tax .u ..ses shall not affect the application of this section. (2)Definitions.A "nonconforming sign"means any sign as defined by FWRC 19.05.190 which was legally in existence on the effective date of this Code,February 28, 1990,or on the date of annexation if located in areas annexed to the city thereafter,but which does not comply with the sign regulations of Chapter 19.140 FWRC, Signs, or any other sections of this Code.Any words,terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in Chapter 19.05 FWRC. f3)Legal nonconformance. (a)Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this Code,February 28, 1990,or on the date of annexation if located in areas annexed to the city thereafter which does not conform with the provisions of this Code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: (i)The sign was covered by a sign permit on the date of adoption of this Code, if one was required under applicable law;or (ii)If no sign permit was required under applicable law for the sign,the sign was in all respects in compliance with applicable law on the date of adoption of this Code. fb)Allowed. All legal nonconforming signs are allowed subject to all permit requirements,the provisions covering loss of legal nonconforming status and other limitations set forth in this section. Ordinance No. 15- Page 29 of 34 Rev 1/15 LU (c)Exclusions. Except for billboards,off-site signs,and roof signs,prohibited signs as defined in FWRC 19.140.130 shall not be eligible for characterization as legal nonconforming signs and must be removed upon notification by the city. (4)Notice of determination. (a)Required. After the city conducts a sign inventory,the city shall analyze whether each sign complies with the sign regulations of Chapter 19.140 FWRC,Signs,or any other sections of this Code, and shall issue a notice of determination which specifies whether the sign complies or not.If a sign conforms to this title,it shall be issued a registration sticker.If a sign is determined to be legally nonconforming,the sign will be issued a sign inventory sticker and shall be amortized pursuant to subsection(5)of this section. Signs that do not comply with the sign regulations of Chapter 19.140 FWRC, Signs,or any other sections of this Code or are not eligible for characterization as legal nonconforming signs must be removed upon notification by the city. (b)Necessary information. The information associated with a sign and its sign inventory number shall consist of the name and address of the sign user,the sign owner,and the owner of the property upon which the sign is located,information about the sign,such as sign type,area,height, dimensions,location,a photo of the sign,and such other pertinent information as the director may require to ensure compliance with the Code,which may include proof of the date of installation of the sign. (5)Amortization. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code,on or before February 28,2000,or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter.Upon the expiration of the amortization period,the sign shall be brought into conformance with this Code,with a permit obtained,or be removed.A sign prohibited pursuant to FWRC 19.140.130 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. (6)Extension or exemption from amortization period. (a)Applicability. This subsection applies to any sign which is required to be removed pursuant to subsection(5)of this section following expiration of the amortization period. (b)Purpose. A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to noticeably improve the appearance of the neighborhood and the city and when a hardship would result from its enforcement. (c) Who may apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection(5)of this section may apply for a sign amortization extension or exemption. (d)Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: (i)The sign is compatible with the architectural design of structures on the subject property; (ii)The sign substantially complies with the requirements of the sign code for the land use district in which it is located.For purposes of this subsection, "substantial compliance"means that the height of the sign is within 10 percent of the sign height required by Chapter 19.140 FWRC and that the sign area of the sign is within 20 percent of the sign area required by Chapter 19.140 FWRC.Minor deviations from these percentages may be approved by the administrator if he or she concludes that the resulting sign is harmonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties; Ordinance No. 15- Page 30 of 34 Rev 1/15 LU (iii)The enforcement of this Code would result in a substantial hardship to the applicant due to the size,shape,topography,location or surroundings of the subject property and such hardship was not created by any action of the applicant; (iv)The sign complies with the city's minimum sign distance at intersection requirements pursuant to FWRC 19.135300 et seq.: (v)If illuminated,the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not directly visible; (vi)It is consistent with the city's comprehensive plan;and (vii)It is consistent with the public health,safety and welfare. (e)Applicable procedure. Except as otherwise provided by this subsection(6),the city will process an application for a sign amortization exemption or extension through process I of this Code. (7)Loss of legal nonconforming sign status.All legal nonconforming signs shall be immediately removed or modified to conform to all the provisions of this title,and a new permit secured therefor,and such legal nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: (a)Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated. (b)Other alterations. The applicant is making any change,alteration or performing work other than normal maintenance or other than tenant improvements,in any 12-month period,to any structure that houses or supports the use with which the legal nonconforming sign is associated and the fair market value of those changes,alterations or other work exceeds 25 percent of the assessed value of that structure as determined by the King County assessor. (c)Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days. (d)Sign alterations. The applicant is making changes,alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance.Prohibited sign alterations include relocating the sign or replacing the sign;provided,however,that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (e)Change in use. There has been a change in use on the subject property as that term is defined by FWRC 19.05.030. (f)Change in tenant. There has been a change in tenant or business on the subject property. In connection with any multi-use or multi-tenant complex,the foregoing_events which require that a legal nonconforming sign be either removed or brought into conformance with this Code shall apply only to the individual owner's or tenant's building-mounted or freestanding signs who has triggered the elimination of the legal nonconformance and not to the other signs located on the subject •rose includin• an co chan•e in a center identification or tenant directo si'A in order to include such tenant's name. (g)Expiration of amortization period.All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code,on or before February 28,2000,or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. (8)Historic signs. Nonconforming on-site historical signs may be retained through process IV of this Code, if the sign is determined to be of historic significance by satisfying all of the following criteria: Ordinance No. 15- Page 31 of 34 Rev 1/15 LU a The si.n is used in connection with a buildin.which has been desi ated as a historic buildin pursuant to any federal, state or local preservation authority; (b)The subject sign or signs are substantially unchanged or unaltered since initial installation; (c)The subject sign or signs are a Rood example of the prevailing signage during the period in time it was installed;and (d)The subject sign or signs have been well maintained and are not materially detrimental to the public health,safety and welfare. (9)Government acquisition of property for right-of-way. (a)A sign that becomes nonconforming with respect to its setback from the edge of a public right-of- way as a result of a local, state,or federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of subsection(9Xc)of this section. (b)The city ci ma y using process l allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: (i)The enforcement of this Code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local,state,or federal government acquisition of grope for ri ght-of-way expan sion and not by any action of the applicant; (ii)The sign is not prohibited by FWRC 19.140.130 and,except for location within a required setback,complies with all other requirements of Chapter 19.140 FWRC; (iii)The sign complies with the city's minimum sight distance at intersection requirements pursuant to FWRC 19.135.300 et seq.;and (iv)Location of the sign with a required setback is otherwise consistent with the public health, safety,and welfare. (c)Loss of legal nonconforming sign status. All nonconforming signs specified in subsections(9)(a) and(b)of this section shall be immediately removed or modified to conform to all the provisions of this title,and a new permit secured therefor,and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: (i)The applicant is making any changes,alterations,or performs any work to the legal nonconforming sign other than regular and normal maintenance.Prohibited sign alterations include relocating the sign or replacing the sign;provided,however,that any copy change in a center identification or tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation;except that a legal nonconforming sign may be relocated without losing its legal nonconforming status and eligibility for the 10-year amortization period so long as all of the following conditions are met: (A)the sign is under threat of eminent domain and the subject of a consent decree or settlement agreement executed with a local,state,or federal government; (B)the consent decree or settlement agreement was executed and filed with the court or recorded prior to the effective date of annexation;(C)the consent decree or settlement agreement does not compensate the owner of the sign for bringing the sign into conformance with the provisions of this title;(D)the owner of the sign applies for a permit to relocate the sign within six months of the date the consent decree or settlement agreement was filed;and(E)the owner makes no changes to the sign that increase the nonconformance of the sign;or Ordinance No. 15- Page 32 of 34 Rev 1/15 LU (ii)The applicant is making any changes,alterations,or performs work other than normal maintenance or other than tenant improvements to any structure or improvement that houses or supports the use with which the nonconforming sign is associated, and the fair market value of those changes,alterations,or other work,in any one consecutive 12-month period,exceeds 75 percent of the assessed or appraised value of that structure or improvement.The appraisal must be from a state-certified real estate appraiser.For purposes of determining value under this subsection,improvements required pursuant to FWRC 19.30.090(nonconforming development) and/or 19.30.110(street/sidewalk improvements)shall not be counted towards the 75 percent threshold which would trigger application of this subsection. (d)Exemption. The city may elect not to apply any provision of this section if the removal of a sign would require the city to pay compensation under any federal,state or other law,including Chapter 47.42 RCW. Section 32. Severability. The provisions of this ordinance are declared separate and severable.The invalidity of any clause,sentence,paragraph,subdivision,section,or portion of this ordinance,or the invalidity of the application thereof to any person or circumstance,shall not affect the validity of the remainder of the ordinance,or the validity of its application to any other persons or circumstances. Section 33.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 34.Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 35.Effective Date. This ordinance shall be effective five(5)days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR,JIM FERRELL A'1"1'EST: CITY CLERK,STEPHANIE COURTNEY,CMC Ordinance No. 15- Page 33 of 34 Rev 1/15 LU 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 34 of 34 Rev 1/15 LU City of Federal Way PLANNING COMMISSION September 2, 2015 City Hall 7:00 p.m. Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES July 15,2015 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS • King County Countywide Planning Policies • PUBLIC HEARING Proposed Amendments Related to the Federal Way Revised Code (FWRC)Nonconformance Chapter, 19.30 7. ADDITIONAL BUSINESS 8. ADJOURN Commissioners City Staff Tom Medhurst, Chair Lawson Bronson, Vice-Chair Isaac Conlen,Planning Manager Hope Elder Wayne Carlson Margaret Clark Principal Planner Tim O'Neil Sarady Long E. Tina Piety,Administrative Assistant Diana Noble-Gulliford Anthony Murrietta,Alternate 253-835-2601 www.citvofjederalway.can C:\Users\willoughbyoakes\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\FI82MAW9\Agenda 09-02-15(2).doc CITY OF FEDERAL WAY PLANNING COMMISSION July 15, 2015 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Lawson Bronson,Hope Elder,Wayne Carlson,Tim O'Neil,and Anthony Murrietta. Commissioner absent: Tom Medhurst,Diana Noble-Gulliford, and Sarady Long(all excused). City Staff present: Community Development Director Michael Morales,Planning Manager Isaac Conlen, Associate Planner Leila Wiloughby-Oakes,Assistant City Attorney Mark Orthmann,and Administrative Assistant E. Tina Piety. CALL TO ORDER Vice-Chair Bronson called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of May 20, 2015,were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Planning Manager Conlen stated there will not be a Planning Commission meeting the first week of August(August 5,2015). Staff plans to have the public hearing ready for the proposed amendments related to the Federal Way Revised Code(FWRC)Nonconformance Chapter, 19.30 the second meeting of August(August 19,2015),but it may not be until the first meeting in September(September 2,2015). Manufactured Home Park Stakeholder Group Update—Director Morales delivered the update.The first meeting was held June 18. Staff has attempted to have a balance among participates(renters,owners, different parks). It was a successful meeting with respectful discussion.There are issues that will not be agreed upon,but there is some common ground. It was agreed staff will research and prepare proposals.Discussed creating voluntary zoning in the city code where a park owner could choose the type of zoning. Discussed the financial implications of how property is assessed regardless of zoning and impacts on property owners. It is not the intent of the city to force a zoning change or meddle in financial affairs. The next meeting is scheduled for August. K:\Planning Commission\2015\Meeting Summary 07-15-I5.doc Planning Commission Minutes Page 2 July 15,2015 COMMISSION BUSINESS Study Session—Proposed Amendments Related to the Federal Way Revised Code(FWRC) Chapter 19.30,"Nonconformance" Associate Planner Leila Wiloughby-Oakes delivered the staff presentation. The purpose of the proposed amendments is to have a consistent policy direction,improve regulation clarity/usability, and have proportional conformance.Nonconformance refers to any use, structure, and/or activity that do not conform to any of the provisions of the FWRC. There are legal and nonlegal nonconformances. Legal nonconformances are those that were legal in the past and became nonconforming because of a change in the regulations. Illegal nonconformances are those that have never been legal. The proposed amendments deal with legal nonconformances and specifically the following: Policy 1: Nonconformance Uses Policy 2: Damaged Nonconforming Improvements/Uses Policy 3: Nonconforming Development Policy 4: Legal Nonconforming Lots This evening, staff is seeking the Commissioner's feedback regarding the proposed amendments. Staff will then develop a final staff report that will come back to the Commission for a public hearing. Commissioner O'Neil stated that as realtor,the issue of nonconforming lots is important to him. How many nonconforming lots are in the city?Associate Planner Wiloughby-Oakes replied that she does not know,but will find out. Commissioner O'Neil asked if it would be considered a"taking"if an owner cannot build on a lot because it has been determined to be nonconforming.Assistant City Attorney Orthmann replied that is one of the issues the proposed amendments will deal with. If the owner proposes to do what was on the lot when it was legal,that should be allowed. If the city does not allow what was done before the lot became nonconforming, that could be considered a"taking."Commissioner O'Neil asked how long a lot may be abandoned before the owner can longer do the nonconforming use. Director Morales commented that staff has been discussing this question.They are considering a commercial nonconforming path versus a residential path. Allowing a similar use could be advantageous on the commercial path,but maybe not on the residential path. Associate Planner Wiloughby-Oakes commented that staff is considering a set time(probably 12 months) for this situation; with provisions for the next owner to continue the legal nonconformance. Commissioner Carlson suggested the city continue to stay aggressive when dealing with nonconforming signs.He likes the proposed proportionality for structures; include a lower percentage for some. He suggests requiring a public hearing for more extensive changes. He encourages the city to be less strict on nonconforming uses and stricter on nonconforming structures;uses come and go often,but structures remain much longer. He commented that the city needs a baseline for structures so owners are not applying every year for a 25%change. Planning Manager Conlen commented that many codes are stricter on uses and less on structures because uses are more obvious and a bigger problem than structures. Commissioner Elder commented that she is concerned with future annexations.The city must take into account how the proposed amendments might affect possible future nonconformances. Alternate Commissioner Murrietta commented that he thinks the idea of commercial and residential paths is a good one.He likes the proposed square footage and agrees with the need for a baseline for structures. He requested definitions for ways a structure may be abandoned(i.e. foreclosure,etc.). K:\Planning Commission\20 15\Meeting Summary 05-20-15.doc Planning Commission Minutes Page 3 July 15,2015 Commissioner Bronson thanked the staff for their work.He asked if the nonconformance was tied to the cost of living index or to the assessed value. Associate Planner Wiloughby-Oakes replied the city is asking applicants for the assessed or appraised value.Planning Manager Conlen commented that the city wants to get away from the appraised concept. Commissioner Bronson commented that deconstruction can cost more than the original building. Is staff taking this into consideration?Planning Manager Conlen commented that the current code uses 75%of valuation.For damaged structures,the proposed amendments would allow replacement of what existed before the damage. Commissioner Bronson asked if the owner would have to meet the current building code standards. Planning Manager Conlen replied that this chapter does not address the building code,but any building will need to meet current building code standards for life and safety issues. ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 8:15 p.m. • K:\Planning Commission\2015\Meeting Summary 05-20-15.doc • CITY OF FEDERAL WAY PLANNING COMMISSION September 2,2015 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Tom Medhurst, Lawson Bronson,Hope Elder, Wayne Carlson, Sarady Long,Tim O'Neil,Diana Noble-Gulliford, and Anthony Murrietta. Commissioner absent: none. City Staff present: Community Development Director Michael Morales,Planning Manager Isaac Conlen,Associate Planner Leila Wiloughby-Oakes, Assistant City Attorney Mark Orthmann,and Administrative Assistant Tina Piety. CALL TO ORDER Chair Medhurst called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of July 15, 2015, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS King County Countywide Planning Policies Proposed Amendment Planning Manager Conlen delivered the staff presentation. He went over the background and reason for the King County Countywide Planning Policies(CWPPs); the basic reason is to ensure consistency of planning among cities.The currently proposed amendment requires the city to work collaboratively with Federal Public Schools (FWPS)to lan for adequate capacity acit for new school facilities. If there is a lack in p q the capacity, a plan to address this lack is required. The city currently works with FWPS to plan for school facilities and staff has no opposition to the proposed amendment. Commissioner O'Neil asked who makes the decision that there will be a new school, where it will be placed, and how much is the GMPC involved in this decision making?Planning Manager Conlen replied it is FWPS who makes the decision about whether their needs to be a new school and where it will be placed. The GMPC and King County do not get involved beyond formulating this proposed policy. Commissioner O'Neil asked why then are they proposing this policy if they do not get involved. Planning Y g g Manager Conlen commented he does not know why,but assumes there are a number of school districts (not Federal Way)that have had problems siting new facilities; hence this proposal. 1+), K:\Planning Commission\2015\Meeting Summary 09-02-15.doc LOP Planning Commission Minutes Page 2 September 2,2015 Commissioner Carlson commented that he feels that generally,this is a good policy. He asked if it will have any effect on bonds and impact fees.Planning Manager Conlen responded that he does not believe it is intended to have any impact on bonds and impact fees. Commissioner Bronson commented that he is concerned about what impact it will have on our staff to prepare reports to the GMPC. We are already understaffed. Planning Manager Conlen replied that he does not think it will have a large impact on staff. Since staff already works with FWPS on siting new schools, he expects the report will be a page long at the most. It is King County who will make the report,but he expects the city would have to report to the county if FWPS has any problems with siting facilities and how the city will address those problems, if any. Commissioner Noble-Gulliford commented that the people voted on classroom size,but since the state could not fund it,that petition was set aside. She is concerned about how this could affect the city. Assistant Attorney Orthmann replied the policy will not shift the burden from the state to the cities regarding classroom size. It just states the cities will work with school districts on siting facilities. Commissioner Colson moved(and it was seconded)to recommend the Mayor/City Council write a letter in support of the proposed King County Countywide Planning Policies Amendment.There was no further discussion.There was one no vote and six yes votes; the motion carried. Public Hearing—Proposed Amendments Related to the Federal Way Revised Code(FWRC) Chapter 19.30,"Nonconformance" Associate Planner Leila Wiloughby-Oakes delivered the staff presentation. The purpose of this code amendment is to establish a consistent and intentional policy direction on how the city would like to deal with nonconforming uses, developments, and lots. In addition,the amendment will correct a number of problems with language in the chapter. Certain provisions are unclear,while others appear disproportionate to the impact being addressed or the work proposed. She went over the background, objectives,proposed changes, and recommendations. Proposed changes include definitions, nonconforming uses,nonconforming developments, and nonconforming lots. Staff has taken into considerations made by Planning Commissions at the July 15, 2015, Study Session. One result is that staff proposes that improvements for developments be allowed only once every 36 months. Site improvements will be required when a use ceases for 12 consecutive months. Commissioner Carlson commented that staff has done a good job responding to issues raised by the Commission. On page 2 of 14 of Exhibit A(19.30.0350), it speaks to abatement of an illegal nonconformance. Could you give some examples of when it would have been a legal nonconformance? Planning Manager Conlen commented that this is a complicated issue.The nonconformance started out as illegal,became conforming,and due to a change(perhaps to zoning) is again nonconforming. Commissioner Carlson is not in favor of this section. Just because it started out illegal and was legal at one point is no reason to not have it brought into conformance it if is currently illegal. Commissioner Long asked when does the 36 months start(19.30.090[a]); at the completion of an application or when the permit is issued. If it is at the completion of an application, it can take years for a project to be approved and a permit issued. Additional conversation was held between Commissioners and staff about when the 36 months should start. Chair Medhurst commented that one problem he sees with the 36 month regulation is if a developer comes in with a long-term plan(say making changes gradually over 10 years), this regulation would mean they could only make the changes once every 36 months. Planning Manager Conlen replied that could be an issue, but rare, and we need to have some trigger to bring a site into conformance. Chair Medhurst asked for clarification, when the developer comes back in 36 months, can they use the new footage as a starting point. Planning Manager Conlen replied yes,they can. 1 K:\Planning Commission\2015\Meeting Summary 09-02-15.doc s e Planning Commission Minutes Page 3 September 2,2015 Commissioner Noble-Gulliford asked when the proposed amendments refer to bringing a site into conformance after a site has been vacant for 12 months, does it apply to the whole property(including landscaping, parking, etc.),or just the building. Planning Manager Conlen replied that the entire site must be brought into conformance. Chair Medhurst asked how a lot can be nonconforming if I am not doing anything with it. Associate Planner Wiloughby-Oakes replied that if the lot does not meet the zoned lot size, it would be nonconforming. Further discussion was held on this issue. Commissioner Carlson stated he is confused with the difference between a legal and illegal nonconforming lot. Planning Manager Conlen commented that an illegal nonconforming lot would not have been created by a recognized way of creating a lot. Commissioner Carlson moved(and it was seconded)to recommended adoption of the proposed amendments with the clarification that the 36-month time period (when appropriate where ever it appears in the proposed amendments) start after a building permit is issued. Commissioner Bronson moved to amend (and it was seconded)that 19.30.090(a) shall state, "...within any consecutive 36-month time period,the starting point of which shall be the completion for the building permit application; or."After discussion of the amendment, it was decided it would be easier if staff crafted the language, including the intent of the main motion that the 36-month time period start after a building permit is issued.Commissioner Bronson withdrew his amendment. The vote was held and the motion carried unanimously. Hearing no objections, the public hearing was closed. ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 8:40 p.m. K:\Planning Commission\2015\Meeting Summary 09-02-15.doc • O,a Federal Way ccc', 7990-204 STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way Revised Code FWRC y ( ) Pertaining to Nonconforming Uses, Developments, and Lots, Chapter 19.30 et seq. File No. 15-100439-00-UP Public Hearing of September 2, 2015 INTRODUCTION The purpose of this code amendment is to establish a consistent and intentional policy direction on how the city would like to deal with nonconforming uses,developments,and lots. In addition,the purpose is to correct a number of problems with language in the chapter. Certain provisions are unclear,while others appear disproportionate to the impact being addressed or the work proposed. This is a high priority,but discretionary item on the Planning Commission Work Program. The report includes a discussion on nonconformance in general,and provides analysis and recommendations on proposed amendments. II. BACKGROUND What is a Nonconformance? Under Federal Way Revised Code(FWRC)Chapter 19.05,nonconformance means any use, development, structure, improvement, lot,condition,activity, or any other feature or element of private or public property, or the use or utilization of private or public property,that does not conform to any of the current provisions th' i y of this title. Legal vs.Illegal Nonconformance • There is an important distinction between"legal"and"illegal"nonconformances.A use, development, or lot that complied with the zoning regulations at the time the use,development, or lot was created or established,but does not conform with current zoning regulations is a "legal nonconformance."For example, following annexation, lots that do not meet the current minimum lot size may be annexed into the city.These lots are legal nonconforming lots. Illegal nonconformances are those nonconformances that were not legal they al when the were created or established.This report generally focuses on legal nonconformances. Illegal nonconformances are abated through the code enforcement process to reach compliance. Proposed Amendments to FWRC Chapter 19.30,"Nonconformance" File#15-100439-00-UP/Doc.I.D.70592 Planning Commission Public Hearing Staff Report Page 1 of 8 Specific Types of Nonconformance Generally,there are three types of nonconformance: • "Nonconforming Lot"means any lot which does not conform to the current minimum standards of the zoning district in which it is located. • "Nonconforming Development"means any buildings, structures, or improvements, which do not conform to the current zoning regulations of the zoning district in which it is located(excepting the use regulations of the zone—see"nonconforming use"). • "Nonconforming Use"means any existing use which is currently not permitted in the zoning district in which it is located. The Purpose of Nonconforming Provisions Nonconforming provisions aim to correct an existing nonconformance, either incrementally over time or immediately. This is achieved by establishing specific thresholds,generally tied to proposed improvements on the property,which trigger the owner to correct the existing nonconformance. For example, the current FWRC Title 19, "Zoning and Development Code," requires a site to come into conformance when adding new square footage to an existing building. III. PROPOSED CODE AMENDMENTS AND ANALYSIS This section provides a summary of the proposed code amendments.The proposed zoning code text is attached as Exhibits A-C.The Mayor proposes the following significant amendments to the chapter: 1. New and Clarified Definitions The following new definitions are proposed: • Illegal Nonconformance • Legal Nonconformance • Nonconforming Development • Nonconforming Lot • Nonconforming Use The following definitions are amended • Abandonment • Nonconformance • Redevelopment or Redevelopment Project Analysis The new defmitions are necessary to administer the code. The revised definitions improve clarity and usability. 2. Nonconforming Uses(Exhibit A,pg.3) The proposed language would eliminate two of the current triggers for bringing a nonconforming use into compliance(by removing it or replacing it with a conforming use). Those triggers occur when: a)work that exceeds 15%of the valuation of the existing structure Proposed Amendments to FWRC Chapter 19.30,"Nonconformance" File#15-100439-00-UP/Doc.1.D.70592 Planning Commission Public Hearing Staff Report Page 2 of 8 is undertaken; or b)any structural alteration is made to the site.A new trigger would require conformance when new square footage is proposed to be added to the subject property. An existing trigger,which requires conformance upon abandonment of the use, is retained. Analysis Valuation triggers are difficult to enforce and accurately measure. It puts staff in the awkward position of trying to determine if an appraisal of the existing structure is legitimate and if the estimate of the cost of the improvements/work is accurate.We recommend getting away Y from that type of tri gg er. It is also debatable what is meant by "structural alteration." The new trigger of adding additional square footage is clear and easy to administer.It applies if square footage is added to the existing structure,or as a new and separate structure is added to the site. The resulting code language is cleaner and easier for property owners and business people to understand and for city staff to enforce. 3. Nonconforming Development(Exhibit A,pg.4 & 5) The trigger for bringing a legal nonconforming development into conformance is proposed to be modified by: a) Establishing a threshold of 2,500 square feet of new floor area,or 25%of the existing square footage on the subject property,whichever is less; b) Establishing a higher trigger of 4,900 square feet, or 10%of the existing square footage on the subject property,whichever is greater, for buildings larger than 50,000 square feet; c) Establishing a consecutive 36-month time period during which these thresholds apply; d) Eliminating the distinction between square footage added to an existing building and square footage added as a new and separate structure; e) Eliminating the concept of"geographic conformance,"which calls for only the part of the property in close proximity to the proposed improvements to come into conformance; f) Eliminating the 50%valuation trigger; and g) Re-locating the trigger related to cessation of use. The abandonment trigger is retained. Analysis The proposed changes result in a much cleaner and easier to administer set of provisions.The square footage triggers are designed to be proportionate, with a higher trigger for larger buildings. The 36-month time-period prevents applicants from"gaming"the system by doing a series of small additions each year.The current code calls for the entire site to come into conformance when square footage is added to an existing building,but only a portion of the site is required to come into conformance when square footage is added as a new structure. This does not make sense and is often counter-intuitive with regard to proportionality.The notion of"geographic conformance"is very difficult to administer consistently from site to site and is proposed to be eliminated. The valuation trigger is eliminated for the reasons stated above(see#2).The cessation of use trigger should actually be applied to all im p rovements(not just those that are nonconforming)n g)and so is proposed to be re-located to the general zoning standards (further discussion in#7,below). g g ( ) 4. Nonconforming Lots (Exhibit A,pg.4 and Exhibit C,pg. 1) Language is proposed to be added to the chapter to address nonconforming lots,which are not addressed in the current code. The language is mainly a cross-reference to FWRC 19.105.010,which addresses buildable lots. This section is proposed to be modified to Proposed Amendments to FWRC Chapter 19.30,"Nonconformance" File#15-100439-00-UP/Doc.1.D.70592 Planning Commission Public Hearing Staff Report Page 3 of 8 establish that nonconforming lots that have ever been approved with a legal building,or which were legally created,may be improved even if they.do not meet the minimum lot size in the zone in which they are located.The language states; however, that if the owner of a nonconforming lot also owns a contiguous lot(s),the lots must be combined into one lot for development purposes if either lot is less than 50%of the minimum lot size required in the zoning district. Analysis A cross-reference was needed in the nonconforming chapter to link users to the"buildable lots"provisions. The proposed language recognizes the property rights of owners of nonconforming lots. Language clarifies the current policy that an owner of a legal nonconforming lot may develop that lot regardless of size,provided they do not also own a contiguous lot(s). The proposed language introduces a new policy—that even if an owner owns one or more contiguous lots,those lots may be developed individually provided they are at least 50%of the minimum lot size required in the zone.The issue here is that an owner of multiple contiguous lots has the ability to correct the nonconformance of their lots by combining them. We are proposing; however,that such an owner should not be required to combine their lots if they are at least 50%of the required minimum lot size. This differs from current policy, which requires an owner to combine their lots if one of them is even one square foot short of the minimum lot size. Note that applicants would still need to meet all other development regulations of the zone, such as setbacks,maximum lot coverage,maximum height requirements, etc.Also note, nonconforming lots are a small percentage of total lots and thus the allowance of building rights for these lots would not tend to have detrimental impacts on a neighborhood. 5. Damaged and Destroyed Nonconforming Uses/Developments (Exhibit A,pg. 5) Current code includes two sections dealing with this topic.The proposal is to eliminate the provisions,which are specific to residential use and density,and modify the provision related more broadly to nonconforming uses and developments. The resulting code section states that nonconforming uses and developments may be replaced like-for-like if damaged or destroyed. A provision requiring the replacement valuation be less than 75%of the valuation of the existing improvements is eliminated. Analysis Current code contains two sections with differing standards addressing this topic.One section allows replacement of damaged/destroyed residential improvements if they are nonconforming with regard to use or density only.This provision seems incomplete in that it addresses use and density, but does not address nonconforming developments(things like nonconformance to setbacks,height,parking improvements,etc.).The provision also contains several valuation triggers, which would severely limit its applicability.For these reasons this provision is proposed to be deleted. A second provision in current code addresses damaged nonconforming uses and developments more broadly.This provision also contains a valuation threshold,which is triggered when the value of the replacement improvements exceed 75%of the value of the existing improvements. In addition to the earlier identified problems with using a valuation style Proposed Amendments to FWRC Chapter 19.30,"Nonconformance" File#15-100439-00-UP/Doc.I.D.70592 Planning Commission Public Hearing Staff Report Page 4 of 8 trigger, this provision would severely limit the opportunity to replace such improvements. For example, let's look at a case where a building is completely destroyed by fire. First, even if the valuation trigger was 100%of the value of existing improvements, it is unlikely the building could be replaced. Deferred maintenance and inflation would almost always cause the new improvements to significantly exceed the value of the previously existing improvements. In that the new improvements may not exceed 75%of the existing value, it makes it that much more unlikely to allow replacement(also it would be even more challenging to establish the valuation of an improvement that has been destroyed and thus cannot be appraised).The effect of the current language is that nonconforming improvements that are destroyed or damaged to any significant extent would not be allowed to be replaced as-is. The proposed language,which as noted above, would allow destroyed or damaged nonconforming developments and uses to be replaced on a like-for-like basis, is based on the premise that if an owner suffers some sort of catastrophic disaster through no fault of their own,they should at least be able to replace their lost improvement. 6. Conformance Required by Government Action (Exhibit A,pg. 12& 13) The valuation trigger for conformance is eliminated. Additionally, the language has been clarified to make it clear that when governmental action,typically right-of-way acquisition, has caused a site to become nonconforming, or requires a site to be re-configured,the nonconformities are not required to be corrected. Analysis The intent of these edits is to allow,without condition,properties that are made nonconforming due to government action to be made whole. First and foremost it is a fairness issue. Secondly, it benefits the city financially in that if properties are made to conform to current code in these circumstances,there would be a significant cost to do so,which the city would be responsible to cover. In some cases, it could even result in a complete taking of the property, in which case the city may be required to purchase the property. 7. Re-Organization The provisions dealing with nonconforming signs are proposed to be relocated to the sign code. The provisions addressing repair to sites that have ceased operation(been vacant) for 12 months or more have been moved to FWRC 19.105.100, "General Development Regulations." Analysis It makes more sense to locate all provisions dealing with signs in the same part of the code. The current code contains a provision,which requires that when a nonconforming development has ceased operation, or been vacant for more than 12-months,any dilapidated site improvements must be repaired to a condition similar to that which existed when originally installed. Examples would be replacement of dead landscaping material,repair of broken curb stops,re-painting of parking stalls, etc. The provision makes sense,but why is it limited to nonconforming developments?Proposed language would establish that these repairs be completed, regardless of nonconformance status,any time a site has been vacant for more than 12-months.The language also clarifies that the trigger for this provision is review of a building permit, land use permit,or subdivision application. Proposed Amendments to FWRC Chapter 19.30,"Nonconformance" File#15-100439-00-UP/Doc.I.D.70592 Planning Commission Public Hearing Staff Report Page 5 of 8 8. Miscellaneous Edits There are numerous minor/housekeeping type edits intended to improve the clarity and usability of the code. IV. PROCEDURAL SUMMARY 7/15/15: Planning Commission Study Session Held 8/14/15: Public Notice of 09/02/15 Planning Commission public hearing published and posted 8/21/15: Issuance of Determination of Nonsignificance(DNS)pursuant to the State Environmental Policy Act(SEPA) 9/4/15: End of SEPA Comment Period 9/25/15: End of SEPA Appeal Period V. PUBLIC COMMENTS No comments were received as of the date of this report. VI. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Process VI Council Rezones,"establishes a process and criteria for zoning code text amendments. Consistent with Process VI review,the role of the Planning Commission is as follows: 1. To review and evaluate the proposed zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendments meet the criteria established in FWRC 19.80.130. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendments. VII. DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. The Federal Way Comprehensive Plan (FWCP)calls for regulation of the built environment to maintain neighborhood compatibility and quality. The FWCP also encourages re- development and investment by the business community.The proposed edits balance these sometimes competing ideas by requiring compliance with current code requirements when Proposed Amendments to FWRC Chapter 19.30,"Nonconformance" File#15-100439-00-UP/Doc.I.D.70592 Planning Commission Public Hearing Staff Report Page 6 of 8 significant re-development occurs,but not setting the bar so low it discourages business activity and investment.The proposed edits are consistent with the following example goals and policies: LUG1 Create an attractive, welcoming and functional built environment. LUP1 Use development standards and design guidelines to maintain neighborhood character and ensure compatibility with surrounding uses. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUP14 Protect residential areas from impacts of adjacent non-residential uses. LUP29 Ensure compatibility between non-residential developments and residential zones by regulating height, scale, setbacks,and buffers. EDG2 Help attract, expand,and retain businesses,jobs, and investments that provide employment and enhance income opportunities for Federal Way residents. EDP8 Promote the redevelopment of existing underdeveloped areas as a means to sustain the economy and provide jobs. 2. The proposed amendments bear a substantial relationship to public health,safety,or welfare. The proposed FWRC text amendments bear a substantial relationship to the public health, safety, and welfare because the text amendments will serve to implement a fair and balanced approach to bringing nonconforming sites into compliance with current regulations. The regulations will have the effect of prohibiting increases in nonconformance and requiring correction of nonconformance as significant redevelopment occurs,while allowing and encouraging re-investment in nonconforming properties to maintain their quality and business competitiveness. 3. The proposed amendments are in the best interest of the residents of the city. The proposed FWRC text amendments are in the best interest of the residents of the city because they will result in the gradual correction of nonconforming properties,while not unduly hindering re-investment and improvement of nonconforming properties. VIII. MAYOR'S RECOMMENDATION Based on the above staff analysis and decisional criteria,the Mayor recommends that the following amendments to FWRC Title 19, "Zoning and Development Code,"be recommended by the Planning Commission for approval to the Land Use/Transportation Committee(LUTC)and City Council. 1. Modifications to FWRC 19.05.010, 19.05.090, 19.05.120, 19.05.140, 19.05.180, 19.105, 19.30,and 19.140 as identified in Exhibits A-D, attached to this staff report. Proposed Amendments to FWRC Chapter 19.30,"Nonconformance" File#15-100439-00-UP/Doc.I.D.70592 Planning Commission Public Hearing Staff Report Page 7 of 8 IX. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC 19.80.240,the Planning Commission may take the following actions regarding the proposed development code text amendments: 1. Recommend to the City Council adoption of the FWRC text amendments as presented; 2. Modify the proposed FWRC text amendments and recommend to the City Council adoption of the FWRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to the City Council without a recommendation. EXHIBITS Exhibit A— FWRC Chapter 19.30, "Nonconformance" Exhibit B— FWRC Chapter 19.05,"Definitions" Exhibit C— FWRC Chapter 19.105,"General Development Regulations" Exhibit D— FWRC Chapter 19.140, "Signs" Proposed Amendments to FWRC Chapter 19.30,"Nonconformance" File#15-100439-00-UP/Doc.I.D.70592 Planning Commission Public Hearing Staff Report Page 8 of 8 EXHIBIT A Federal Way Revised Code Title 19LZoning and Development Code Chapter 19.30,Nonconformancet Sections: 19.30.010 Purpose and intent. 19.30.020 Administration. 19.30.030 Abatement of nonconformance that was illegal when initiated. . 19.30.040 Immediate compliance with certain provisions required. ' -_•. . •. . ... _ ... -1 . . 19.30.050 Certain nonconformances specifically regulated. • .- - _ .. •. ., • -_ •• • initiated. 19.30.060 Regulation of legal nonconforming uses not identified in particular zoning districts.Immediate 19.30.070 , .,_• . •_ • . . 19.30.0780 Nonconforming use. 19.30.080 Nonconforming lots(buildable lots). 19.30.090 Nonconforming development. 19.30.095 Nonconforming signs. 19.30.100 . Special provisions for damaged improvements. 19.30.110 When public improvements must be installed. 19.30.120 Nonconforming water quality improvements. 19.30.130 -... . . . ._ .. 19.30.1340 Nonconforming accessory dwelling units. 19.30.1450 Nonconforming adult entertainment,activity,retail,or use. 19.30.1505 Nonconforming outdoor storage containers. 19.30.160 Special provisions for compliance with government regulations. 19.30.170 Special provisions for critical aquifer recharge areas. 19.30.180 Prohibition on increasing nonconformance. 19.30.190 Applicability of building codes. I '9m0o provements. 19.30.2040 Appeals. 19.30.010 Purpose and intent. The purpose of this chapter is to allow for the continuance and maintenance of legally established nonconforming uses,developments,and lots-and tures,and to provide standards defining lineating the circumstances in which f nonconforming uses,developments,and lots structures must be brought into conformance with the standards and provisions prescribed within this title. In particular,the intent of this chapter is to: (1)Ensure a reasonable opportunity for the use and development of legally created nonconforming lots•which-de-net .. • -.. -_. - •_ . , (see buildable lot.section FWRC 19.105.010). (2)Ensure-a reasonable opportunitiesy for the use,maintenance,and minor improvement of legally nonconforming developments .. _. _.• . _-, . ._ . -- . •, ,' _ .• . .. . _. . _. _•:: : „... •.. sew-and allow a reasonable opportunity for changes in use and tenants of nonconforming developments. FWRC Chapter 19.30."Nonconformance" Page I of 14 (3)Ensure a reasonable opportunity for continuation of legally established nonconforming uses,but prohibit their expansion. '.• .. _ . -• -_ . '_ ' _ . • : . (4)Encourage the removal and replacement of nonconforming uses with conforming uses-hang-potentially (5)Encourage the upgrading of nonconforming developments to conforming developments s, .' - -- - -.• . - . •.• • _. • regulations prescribed by this title. (Ord.No.08-585,§3(Exh.A), 11-4-08;Ord.No.04-468,§3, 11-16-04;Ord.No.97-307,§3, 12-16-97.Code 2001 §22-325.) 19.30.020 Administration. This chapter establishes when and under what circumstances nonconforming aspects of a usefer-development,or lot must be brought into conformance with this title.The provisions of this chapter should be used only if there is some aspect of the use,or development,or lot that is nonconforming net-permitted under this title. (Ord.No.08-585,§3(Exh.A), 11-4-08;Ord.No.04-468,§3, 11-16-04;Ord.No.97-307,§3, 12-16-97;Ord.No.92-144,§ 3(165.05),6-16-92;Ord.No.92-135,§3(165.05),4-21-92;Ord.No.91-113,§4(165.05), 12-3-91;Ord.No.90-43,§2(165.05), 2-27-90.Code 2001 §22-326.) I 1.1 1 • • • • • . (Ord. No.08 585,§3(Exh►.-A), 1-1 4-08;Ofd.Ne.04 468,§3, 11 4.6 04;Oct Ale.97 3017,§3, 42 1-6 97;Ari.Ale.92 144,§ 3(165.10),6 16 92;Ord.No.92 135,§3(1.65.40);4 21 92;Ord.No.91 113,§1(165.10), 12 3 91;Ord.No.9013,§2(165.10), 2 27 90.Code 2001 §22 327.) . -. .> • --• - - - - . .. '_. . aregulations, S . .• , ' e' . . . ; e . • ; e . . . •. ,• 19.30.0350 Abatement of Metal nonconformance-that-was-illegal-when-initiated. (1) Generally. Except as specified in subsection(2)of this section,any nonconformance that was illegal when initiated must immediately be brought into conformance with this chapter.The city may,using the provisions of this chapter or any other applicable law,immediately abate any nonconformance that was illegal when initiated. (2)Exceptions. If an illegal nonconformance has ever been in complete conformance with an applicable zoning code it may continue to exist subject to the provisions of this chapter,and it is not subject to abatement under subsection(1) of this section. (Ord.No.04-468,§3, 11-16-04;Ord.No.97-307,§3, 12-16-97;Ord.No.92-144,§3(165.20),6-16-92;Ord.No.92-135,§ 3(165.20),4-21-92;Ord.No.91-113,§4(165.20), 12-3-91;Ord.No.90-43,§2(165.20),2-27-90.Code 2001 §22-329.) ( 19.30.0460 Immediate compliance with certain provisions required. (1)Generally. Regardless of any other provision of this chapter,the following nonconformances must be Iimmediately brought into conformance with the applicable regulations of this title: (a)Nonconformance that constitutes a public nuisance under FWRC Title 7; (b)Nonconformance with the lighting standards in FWRC 19.105.030(3); I FWRC Chapter 19.30,"Nonconformance" Page 2 of 14 (c)Nonconformance with the standards in the International Fire and Building Codes,to the extent that the nonconformance poses a threat to life or safety,as determined by the director' (d)Nonconformance with the provisions in •. . - ' , : •: , : -: Chapter 19.130 FWRC;Articles ough VII,regarding parking and storage of large vehicles in residential zones; (e)Nonconformance with the provisions in Chapter 19.140 FWRC regarding portable-outdoor signs; (f)Nonconformance with the provisions in Chapter 19.140 FWRC regarding location of signs extending over rights-of-way. (2)Abatement.The city may,using any of the provisions of this Code or any other applicable law,immediately abate or seek discontinuance of any nonconformance listed in subsection(1)of this section. (Ord.No.09-596,§22, 1-6-09;Ord.No.04-468,§3, 11-16-04;Ord.No.04-457,§3,2-3-04;Ord.No.97-307,§3, 12-16-97; Ord.No.92-144,§3(165.25),6-16-92;Ord.No.92-135,§3(165.25),4-21-92;Ord.No.91-113,§4(165.25), 12-3-91;Ord.No. 90-43,§2(165.25),2-27-90.Code 2001 §22-330.) Cross references:Water quality,Chapter 16.45 FWRC;parking and storage of outdoor equipment,FWRC 19.125.170. 19.30.0570 Certain nonconformances specifically regulated-Generally. (1)This chapter ' _ e.e•e - t, ! specifiesy when and under what circumstances-certain nonconformances must be corrected.If a nonconformance must be corrected under this.chapter section,the applicant must,as part of the application for any development permit,submit all information that the city reasonably needs to review the application for compliance with this chapter correction. - . .-• •:•, : : • _•_ • -. - - - - • -•• - • ' .• • -:-cation-is-made:The city may withhold,at the discretion of the Director,all land use,building permit,other approvals,and/or issuance of the certificate of occupancy until the required conformance is achieved. (2)If FWRC 19.30.0460 applies to a specific nonconformance,the provisions of this section do not apply to that same nonconformance. (Ord.No.04-468,§3, 11-16-04;Ord.No.97-307,§3, 12-16-97;Ord.No.92-144,§3(165.35(1)),6-16-92;Ord.No.92-135,§ 3(165.35(1)),4-21-92;Ord.No.91-113,§4(165.35(1)), 12-3-91;Ord.No.90-43,§2(165.35(1)),2-27-90.Code 2001 §22-331.) 19.30.060 Regulation of legal nonconforming uses not identified in particular zoning districts. If a use is nonconforming in the zone in which it is located, this title does not establish applicable dimensional or other regulations.The city will,in order to identify applicable regulations,determine the zone or zones that allow the particular use,or uses most similar to the nonconforming use,and apply the development regulations of that use in that zone.In the case of multiple zones,the Director shall determine the zone most similar to the zone in which the nonconforming use is located and apply the development regulations of that zone. 19.30.0780 Nonconforming use. (1)Any nonconforming use must be terminated if: er--s. -.. - . .. . :; e.-.: ... ._. . •• . .. _. ••. . .... . • : •:-,, estate-appraiser: fa)The applicant is expanding,gross floor area on the subiect property,whether the expansion involves an addition to an existing building or a new and separate structure. (Le)The subject property has been abandoned. (Ord.No. 10-652,§6,4-6-10;Ord.No.06-515,§3,2-7-06;Ord.No.04-468,§3, 11-16-04;Ord.No.97-307,§3, 12-16-97; Ord.No.92-144,§3(165.35(2)),6-16-92;Ord.No.92-135,§3(165.35(2)),4-21-92;Ord.No.91-113,§4(165.35(2)),12-3-91; Ord.No.90-43,§2(165.35(2)),2-27-90.Code 2001 §22-332.) Cross reference:Building code standards,Chapter 13.15 FWRC. FWRC Chapter 19.30."Nonconformance" Page 3 of 14 19.30.080 Nonconforming lots-(buildable-1 The develo°ment of a nonconformin_ lot under this section shall be subject to the buildable lots rovisions of FWRC 19.105.010(2). 19.30.090 Nonconforming development. (1)All nonconforming aspects of a development must be brought into conformance if: ,. , (a)An applicant proposes to add to the subject property either.2,500 square feet of new gross floor area;or 25 percent of the gross floor area of the building(s)on the subject property whichever is less,within any consecutive 36-month time period;or (b)The property is abandoned. :. • • . •• •-• . ..• - - - • - °:-•. .. • • . Y _ . •_ - .. • .. ,• C... ... °.. pdye,�ve�p� f lo e .ct at th. ... , • • •• • • _ •_ _• propose4or _ (2)Exceptions. (a)For a building(or group of or buildin Js)greater than or equal to 50,000 square feet,conformance as identified in subsection(1)is not required unless:the applicant proposes to add 4,900 square feet of new gross floor area to the subject property;or ten percent of the gross floor area of the building(s)on the subject property,whichever is greater,within any consecutive 36-month time period or (b)viii An increase in gross floor area of involves an existing single-family residential dwellingrthe applicant_shall be allowed provided the nonconformance of the existing structure is not increased and the addition compliesy with all the development regulations in effect at the time of the proposal;or e1-Fetsingle- e • ••. • . . • . .r 1 ). `i-v)If the increase in gross floor area involves an existing single-story building in the city center that is nonconforming as to the ground floor size limits established in Chapter 19.225 FWRC,the existing building footprint shall not be enlarged,except the director may approve minor additions such as entry structures, lobbies,seating or dining areas,bay windows,and similar features;provided,that such addition(s)shall not exceed 1,000 square feet per building in any one consecutive 12-month period,and shall not increase the extent of any other nonconformance. . • . , • . . . . • • . . • . .. • • . • _ •.• --_ . • , . •• _.: • • . . •.. . . -•-- , FWRC Chapter 19.30,"Nonconformance" Page 4 of 14 menth-fseged-t; . - . -.• .-•• _ •- • .. _ ._ . _ . - •.;, . • -..- . - I� • L • (32)This section does not govern application of Chapter 19.115 FWRC,Community Design Guidelines;application of Chapter 19.115 FWRC is governed by FWRC 19.115.010 through 19.115.1200,as amended.This section also does not govern application of development regulations relating to water quality,signs,or street/sidewalk improvements;application of those development regulations is governed by FWRC 19.30.1200, 19.30.1440, 19.30.120 and 19.135 .0,all as amended. (Ord.No. 12-724,§8,6-5-12;Ord.No. 10-652, §7,4-6-10;Ord.No.06-515,§3,2-07-06;Ord.No.04-468,§3, 11-16-04;Ord. No.02-420,§3,7-2-02;Ord.No.97-307,§3, 12-16-97;Ord.No.92-144,§3(165.35(4)),6-16-92;Ord.No.92-135,§ 3(165.35(4)),4-21-92;Ord.No.91-113,§4(165.35(4)),12-3-91;Ord.No.90-43,§2(165.35(4)),2-27-90.Code 2001 §22-334.) Cross references:Off-street parking regulations,Chapter 19.130 FWRC;zoning district regulations,FWRC Title 19,Division VI;cottage and compact single-family housing,Chapter 19.250 FWRC. 19.30.095 Nonconforming signs. Section relocated to Chapter 19.140.210 FWRC. Cross references:Signs,Chapter 19.140 FWRC 19.30.100 Special provision for damaged improvements. if a nonconformin• use or develo•ment is dama•ed b sudden accidental cause that use or develo•ment includin associated improvements,may be reconstructed if it meets the following requirements: (I)The use or development,including associated improvements,as reconstructed,is not anv more nonconforming than it was immediately prior to the damage. (2)The applicant applies for building and any land use permits to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to such permits. (Ord.No. 10-652.& 14,4-6-10;Ord.No.06-515,§3,2-7-06;Ord.No.04-468.&3. 11-16-04;Ord.No.97-307,&3, 12-16-97; OL No 92-144.&3(165.30).6-16-92:Ord.No.92-135..5 3(165.30),4-21-92;Ord. No.91-113.x4(165.30). 12-3-91:Ord.No. 90-43,&2(165.30),2-27-90.Code 2001 &22-343.) Cross references:Appeals(concerning appeal of process II decision).FWRC 19.60.080. 19.30400--N Dttring-thi ._ .:, •_ _• - . . •• • . .. . - • ! . . .. .. -•tb• • ., . _. .. .. . .. .. _ • • • L •! . _ _•S ••L • - - ,• . ' •_ . ' -• , . • _• _. ::•• : ..• : _• . : . . •. _ S. I ! • • FWRC Chapter 19.30,"Nonconformance" Page 5 of 14 Feb a- "e, - . . . - _ - • a icable lacy;or •• e ,• . _ ... • - .. . . . . , . . . .. - • . _ Y ... . • .. . Y. • Shall-be-13 - -• . •_• •. •, _..: • • " -• ••••.. : : - _ . .. • •• - -.. .. • • M. . • ., * • . • _ • . .: - ' . _ . ••. _ • " ... : - . •pen-the . Y . • . .. -- __. . •. • :ate: : • ••_ . . . - - - • .. Y. • . 4. 4 ! _ /• FWRC Chapter 19.30."Nonconformance" Page 6 of 14 • - - •-• - • _... .. . • , FWRC 19.135.300•et seq.; . . • : •• .. - . • . events-occurs: (-b-Yaher-ak' . • - . . •. . •eMMal• -• .. _ • . . . . . • . • - _• • • •• •-- • •- •_ 19.05.030: •. .. -_ ._ :•.• . .•_ . . •- . _. • .. •__ • • - •a11-a y-enly-te-the • ••• . - et! f8-#+. . - . _. • • • - .• - .-- - • .••(o)-The•su}eef-si:• • • _ - - •- . • • -_ •: _• :. •_ . . ._ .. - _ • safety-and-welfare EWRC Chapter 19.30,"Nonconformance" Page 7 of 14 ,. .. _ t * • _ • . • a • y R �• a • • .. .• .. . .. . • . -r • • , t we (c)Los o f l i u s r Al1-•nen e .. . . .. - . L. • C -. •• . : • . • - egal-nen6enforming court or recorded p . . .•. . .. • _ .. - . . •- -;•• •; ! _ . _ ._. . . .• . _ .._ • • • . . ., . .• . • . -• .f the s II a a a . _ .. _. . a. e. a . •_. • . . ••- . 'et-be-counted• (Ord. No 10 652,§8,1 6 10;Ord.No 09 595,1 9, 16 09;Ord.ale.05 486,§3,4 19 0-5;Ord.No.-04 468,§3-, 11 16 04;Ord. No.01 398,§ 1,7 17 01;Ord. No.99 35- ,$4, 12 7 99;Ord.late.97 307,§3,12 1.6 97;Ord.No.95 235,§3,6 6 95;Ord.No. 9013,§2(165.35(5)),2 27 90.Code 2001 §22 335.) Cross-refe tei•t9:d•4O-FWI - FWRC Chapter 19.30."Nonconformance" Page 8 of 14 19.30.110 When public improvements must be installed. Any applicant for a development permit for any type of activity on property on which a nonconformance is located shall provide the improvements required by Chapter 19.135 FWRC,as provided in FWRC 19.135.030,as amended. (Ord.No.04-468,§3, 11-16-04;Ord.No.97-307,§3, 12-16-97;Ord.No.90-43,§2(110.20),2-27-90.Code 2001 §22-336.) Cross references:Streets and sidewalks,FWRC Title 4,Division II;drainage program,FWRC Title 16;subdivision required improvements, Chapter 18.60 FWRC. 19.30.120 Nonconforming water quality improvements. This section sets forth the standards when and under what circumstances a: :, '••. : • :- , :- - : - , subject property that does not conform to the development regulations in FWRC Title 16 relating to water quality must be brought into compliance_with - .. - -. - • - -: _ . . _ _ ... ' . (1)Redevelopment.For the purposes of this section, "redevelop"or "redevelopment"means aproject that proposes to add,replace,or modify impervious surface(for purposes other than a residential subdivision or maintenance)on a site that is already substantially developed in a manner consistent with its current zoning,or with a legal nonconforming use,or has an existing impervious surface coverage of 35 jercent or more. Water quality for the entire subjectproperty must be brought into compliance with Title 16 FWRC,where the proposed redevelopment meets or exceeds the thresholds set forth below pursuant to this chapter.and shall be done in accordance with the approved King County Surface Water Design Manual or equivalent.as amended. • •••• • •; • • -- ., ..• ..•• • r-area-an . • ••- - ••-• _ . .: :; .. . . •. • :et-part-e€-a-reutine systems—e . ,._•. • - . - _.. _ .. • . (a)Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; (b)Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more,or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; (c)Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface,when such redevelopment is not part of a routine maintenance activity; (d)Redevelopment which involves the collection and/or concentration of surface and/or stormwater runoff from a drainage area of 5,000 square feet or more; (e)Redevelopment which contains or directly discharges to a floodplain,stream,lake,wetland,or closed depression,groundwater recharge area,or other water quality sensitive area determined by the public works director,based on a written map,policy,water quality monitoring data or plan in existence or implemented by the public works director prior to submission of a redevelopment application which is determined to trigger application of this subsection,or based on information developed during review of a particular redevelopment application; (f)Redevelopment which involves a change in use,and the changed use has a potential to release a new pollutant(s)to surface water systems within the city.For the purposes of this subsection, "new pollutant(s)" means a pollutant that was not discharged at that location immediately prior to the change in use,as well as a pollutant that was discharged in less quantities immediately prior to the change in use; (g)Redevelopment,other than normal maintenance or other than the tenant improvements,but including any increase in gross floor area,in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value(whichever is greater)of the structure or improvement being redeveloped.The appraisal must be from state-certified general appraiser.For purposes of determining value under this section, improvements required pursuant to FWRC 19.30.090(nonconforming development),FWRC 19.30.110 (street/sidewalk improvements),this section(nonconforming water quality improvements)and FWRC FWRC Chapter 19.30,"Nonconformance" Page 9 of 14 19.135.030(street/sidewalk improvements)shall not be counted towards the 50 percent threshold which would trigger application of this subsection; (h)Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem,as determined by the public works director based on a map,plan,water quality monitoring data or a written policy in existence or implemented by the public works director prior to submission of a redevelopment application determined to trigger application of this subsection,where the public works director determines that the redevelopment requires additional specific controls to address the documented water quality problem. (2) Timing. All improvements required by this section shall be constructed or installed concurrent with the redevelopment triggering application of this section,unless an applicant for redevelopment opts to pursue incremental construction of required improvements.In that event,the applicant shall develop and submit to the public works director a stormwater management plan detailing all of the improvements required by this section,and proceed according to the following subsections. (a)Extent of construction of required water quality improvements. Where the public works director determines that incremental construction is physically feasible,the applicant shall construct that portion of the required improvements according to the following schedule: %of %of Water Quality Redevelopment Improvements 0-24 25 25—49 50 >50 100 Where construction of 100 percent of water quality improvements is required under this subsection,the improvements may be constructed over a period extending no more than five years from the date of approval of the redevelopment.A person choosing to utilize such extended construction shall provide,prior to approval of the stormwater management plan,a performance bond and bond agreement that: (i)Have a term equal to the construction schedule proposed in the plan;and (ii)Comply with the applicable requirements of Chapter 19.25 FWRC,as amended. (b)Incremental construction not feasible. Where the public works director determines that incremental construction is not physically feasible, 100 percent of the required water quality improvements must be installed,concurrent with the redevelopment. (c) Calculation of redevelopment value. For purposes of calculating the value of redevelopment in order to apply subsection(2)(a)of this section,the public works director shall consider the cost of the proposed redevelopment as a percentage of the assessed or appraised value of all structures on the subject property.The appraisal must be from a state-certified real estate appraiser. (d)Subsequent redevelopment. Whenever any person seeks approval for redevelopment on property for which incremental construction of required water quality improvements was previously authorized pursuant to this subsection(2),any additional water quality improvements to be required shall be determined by application of the schedule in subsection(2)(a)of this section based on the stormwater management plan prepared as part of the first request for authorization of incremental construction.If water quality requirements have changed since preparation of the initial stormwater management plan,a new plan shall be prepared detailing improvements required to comply with any existing and new requirements,and the schedule in subsection(2)(a)of this section shall also be applied to the new plan. (3)Location of water quality improvements. A person proposing redevelopment on a property or site having a Federal Way comprehensive plan designation of CC-F(City Core—Frame)or CC-C(City Core—Center)may construct water quality facilities required by this section below grade. FWRC Chapter 19.30."Nonconformance" Page 10 of 14 (Ord.No. 10-652,§§9, 10,4-6-10;Ord.No.09-595,§8, 1-6-09;Ord..No.04-468,§3, 11-16-04;Ord.No.97-307,§3, 12-16- 97;Ord.No.92-144,§3(165.35),6-16-92;Ord.No.92-135, §3(165.35),4-21-92;Ord.No.91-113,§4(165.35), 12-3-91;Ord. No.90-43,§2(165.35),2-27-90.Code 2001 §22-337.) Cross reference:Surface and stormwater management,FWRC Title 16. .. - . .. -- • . • . - •'• -- - .. ._ . . ' . ' . - - •e• ..• ; Z . - •.- .. . . •' _ . . 1.. . •. . • ,. • . . .• _•. • • :• . , ..•. a,,'udditinn, - •- • . G. , . •onal and • ._ • .. .. _•• - ••• -- .- . . •e(FWRC • 84 • A N . . . ' ''• :ter 19.125 FWRC). e • ' • ,.. , , .. ... • • .. •' , '•; , • . . • • . . • • . ' • • .. 1.655-refe e:eei--n iarist-regulation*— WRC•title 19.30.1340 Nonconforming accessory dwelling units. (1)Eligibility. Any nonconforming accessory dwelling unit("ADU")located within the city limits on the date of adoption of this Code,February 28, 1990,or located in areas annexed to the city thereafter,which does not conform to FWRC 19.195.180, 19.200.180, 19.265.020 or any other provisions of this Code,is eligible for designation as a legal nonconforming ADU provided it meets the following requirements: (a)The ADU was covered by a permit on the date of adoption of this Code,if one was required under applicable law;or (b)If no permit was required under applicable law,the ADU was in compliance with applicable law on the date of adoption of this Code. (2)Allowed. All legal nonconforming ADUs are allowed subject to the provisions related to loss of nonconforming status and other limitations set forth in this title. (3)Loss of legal nonconforming ADU status.All-Legal nonconforming ADUs shall be immediately removed or modified to conform to all of the provisions of this Code and a permit secured therefor,and shall lose their legal nonconforming designation when one or more of the following events occur: FWRC Chapter 19.30."Nonconformance" Page 11 of 14 (a)Increase in square footage. The applicant is-increasing-increases the gross floor area of the any ADU;or by the Vin..County-assessor; (b e)Abandonment or cessation of occupancy. The subject property containing the ADU is abandoned for 90 or more consecutive days or the ADU is not occupied for 180 consecutive days_;—er . _ 19.05.030. (Ord.No.04-468,§3, 11-16-04;Ord.No.97-307,§3, 12-16-97;Ord.No.95-245,§3(E), 12-5-95.Code 2001 §22-338.1.) I19.30.1450 Nonconforming adult entertainment,activity,retail,or use. Any adult entertainment,activity,use,or retail use located within the city limits on the effective date of this Code, which are either made nonconforming by this Code or which are existing nonconforming uses shall be terminated within one year;provided,however,that such termination date may be extended upon the approval of an application filed with the city's community development director within 120 days of the effective date of this Code provision requesting an extension to such one-year amortization period.The director's decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant clearly demonstrating extreme economic hardship based upon an irreversible financial investment or commitment made prior to February 1, 1999, which precludes reasonable alternative uses of the subject property. (Ord.No.04-468,§3, 11-16-04;Ord.No.99-347,§3,8-3-99.Code 2001 §22-338.2.) I1930.1505 Nonconforming outdoor storage containers. (1)Eligibility. Any outdoor storage container located within the city limits on the date of adoption of this Code, February 28, 1990,located in areas annexed to the city thereafter on the date of annexation,or approved by the city after February 28, 1990,and before the effective date of the ordinance codified in this section regulating outdoor storage containers,which does not conform to FWRC 19.125.180 or 19.275.110,or any other applicable provisions of this Code,is eligible for designation as a legal nonconforming outdoor storage container provided it meets the following requirements: (a)The outdoor storage container was established pursuant to a permit and is in compliance with any permit requirements,if one was required under applicable law;or (b)If no permit was required under applicable law,the outdoor storage container was in compliance with applicable law. (2)Allowed. All legal nonconforming outdoor storage containers are allowed subject to the provisions related to loss of nonconforming status and other limitations set forth in this chapter. I (3)Loss of legal nonconforming status.All-Legal nonconforming outdoor storage containers shall be immediately removed or modified to conform to all of the provisions of this Code and a permit secured therefor,and shall lose their legal nonconforming designation when one or more of the following events occur: (a)Increase in gross floor area. The applicant is-increasing-increases the gross floor area of the principal use on the subject property whereon the container is located_;or (c)Abandonment. The subject property containing the storage container is abandoned for 90 or more consecutive days:ec 4-9T0-54130: (Ord.No.08-585,§3(Exh.A), 11-4-08.Code 2001 §22-338.3.) I FWRC Chapter 19.30."Nonconformance" Page 12 of 14 19.30.160 Special provisions for compliance with government regulations. The provisions of this section will be followed regardless of any conflicting regulations of this chapter.Any regulations of this chapter which do not conflict with the provisions of this section are unaffected by this section. (1)Oil tanks. Any excavation,development activity or construction performed to comply with the"Underground Storage Tanks;Technical Requirements and State Program Approval;Final Rules"(40 CFR 280 and 281),as now existing or as hereafter amended or with the provisions of Chapter 90.76 RCW,or any regulations adopted thereunder,may not be used as the basis,or part of the basis, for requiring that nonconformance on the subject property be corrected. . (2)Governmental acquisition of property for right-of-way expansion(including easements). (al A proposal for improvements : -. - • • • - ••• • • - • _ • • : shall not trigger a requirement otherwise applicable under FWRC 19.30.090 that an applicant correct an existing nonconformance,as-te-let _, • . _ • :, :, . -. , •:, : •: ::_ ::.• _ _ , if the nonconformance was created solely by a local,state,or federal government acquisition of property for right-of-way expansion,and if the proposal meets the following requirements: (i a)The nonconformity is not,in any way,enlarged,expanded,increased,intensified,compounded,or in any other way made greater; and - . • _. . . • . • . • . • • ..- .:, :t• - ..• .. . . .. . _. . .• . - . . . r.. • . :. . . .•_ . .. . . . .. . . •1 . . _ : .•,•• :rovements-requiir-ed• (ii e)The proposal is otherwise consistent with the public health,safety,and welfare. b Where _overnmental ac•uisition of.ro.-rt or easement results in the need to relocate nonconforming improvements,those improvements may be relocated on the subject property provided they are not made more nonconforming. (3) Other government regulations. Other than as specified in subsection(1)of this section,the city may,using Iprocess-AL III,exempt a property or use from any of the requirements of this chapter if: (a)The actions or events which form the basis of requiring that nonconformance on the subject property be corrected are necessitated solely to comply with local,state or federal regulation; (b)The actions necessitated to comply with those regulations will not significantly extend the expected useful life of the nonconforming aspect;and • (c)The public benefit of complying with the local,state or federal regulation clearly outweighs the public benefit in correcting the nonconformance. (Ord.No. 10-652,§ 13,4-6-10;Ord.No.04-468,§3, 11-16-04;Ord.No.01-398,§2,7-17-01;Ord.No.97-307,§3,12-16-97; Ord.No.92-144,§3(165.50),6-16-92;Ord.No.92-135,§3(165.50),4-21-92;Ord.No.91-113,§4(165.50), 12-3-91;Ord.No. 1 90-43,§2(165.50),2-27-90.Formerly 22-340,Code 2001 §22-339.) 19.30.170 Special provisions for critical aquifer recharge areas. The provisions of this section will be followed regardless of any conflicting regulations of this chapter.Any regulations of this chapter that do not conflict with the provisions of this section are unaffected by this section.If a nonconformance must be corrected to comply with FWRC 19.145.450,the applicant must,as part of the application for the development permit,submit all information that the city reasonably needs to review the application for compliance with this chapter setrection.In addition,the city will not issue a land use approval or building permit until the correction is made. I FWRC Chapter 1930,"Nonconformance" Page 13 of 14 (1)A nonconforming use as defined in FWRC 19.145.480 may be continued unless the thresholds of FWRC I19.30.0780 are reached,in which case it shall be terminated. (2)Regardless of the thresholds in FWRC 19.30.090,any use,applying for a development permit within six-month, one-year, five-year,or 10-year capture zones must be brought into compliance with the protection measures specified in FWRC 19.145.500. (Ord.No. 15-797,§ 12,6-16-15;Ord. No.04-468,§3, 11-16-04.Formerly 22-341.Code 2001 §22-340.) 19.30.180 Prohibition on increasing nonconformance. No nonconformance may,in any way,be enlarged,expanded,increased,intensified,compounded or in any other way made greater,except as specifically permitted in this chapter. (Ord.No.04-468, §3, 11-16-04;Ord.No.97-307,§3, 12-16-97;Ord.No.92-144,§3(165.55),6-16-92;Ord.No.92-135,§ 3(165.55),4-21-92;Ord.No.91-113,§4(165.55), 12-3-91;Ord.No.90-43,§2(165.55),2-27-90.Formerly 22-342.Code 2001 § 22-341.) 19.30.190 Applicability of building codes. Nothing in this chapter in any way supersedes or relieves the applicant from compliance with the requirements of the city's building codes,the International Building Code,the International Fire Code,and other construction-related codes as adopted and amended from time to time by the city. (Ord. No.04-468,§3, 11-16-04;Ord. No.97-307,§3, 12-16-97;Ord.No.92-144,§3(165.60),6-16-92;Ord.No.92-135,§ 3(165.60),4-21-92;Ord.No.91-113,§4(165.60), 12-3-91;Ord.No.90-43,§2(165.60),2-27-90.Formerly 22-343.Code 2001 § 22-342.) Cross reference:Buildings and building regulations,FWRC Title 13. 19-40:100—Speeial-prevision-for-damaged-imprevements: . . :: . 19.30.200 Appeals. Notwithstanding any other provision in this title,a decision of the director or the hearing examiner with respect to the application of any provision of this chapter shall be appealable as part of,and under the process applicable to, any appeal of a decision of the director or the hearing examiner on the underlying application or project for which city approval is sought. (Ord.No.04-468,§3, 11-16-04;Ord.No.97-307,§3, 12-16-97;Ord.No.97-291,§3,4-1-97;Ord.No.90-43,§2(175.10(7),2- 27-90.Code 2001 §22-344.) T Cross references:Effective date of the zoning regulations and requirements,FWRC 19.05.320;district regulations,FWRC Title 19,Division VI;supplementary district regulations,FWRC Title 19,Division VII. I FWRC Chapter 19.30."Nonconformance" Page 14 of 14 • EXHIBIT B Federal Way Revised Code Title 19,Zoning and Development Code Chapter 19.05,Definitions 19.05.010 A definitions. "Abandoned"means knowing relinquishment,by the owner,of right or claim to the subject property or structure on that property,without any intention of transferring rights to the property or structure to another owner,tenant,or lessee,or of resuming the owner's use of the property."Abandoned"includes but is not limited to circumstances involving tax forfeiture, bankruptcy,or-mortgage foreclosure. 19.05.090 I definitions. "Illegal Nonconformance"means those uses,developments,or lots that were not legal when they were created or established and do not conform with current zoning regulations.This definition shall be applied to nonconforming lots,uses,and developments as defined in this chapter. 19.05.120 L definitions. "Legal Nonconformance"means those uses,developments,or lots that complied with the zoning regulations at the time the use,development,or lot was created or established,but do not conform with current zoning regulations.This definition shall be applied to legal nonconforming lots,uses,and developments as defined in this chapter. 19.05.140 N definitions. "Nonconformance"means any use,development,structure,improvement,lot,condition,activity or any other feature or element of private or public property or the use or utilization of private or public property that does not conform to any of t h e current provisions of this titl- . .. . ... . _ .' . . ' , _- • .., .. "Nonconforming Lot"means any lot which does not conform to the current standards of the zoning district in which it is located. "Nonconforming Use"means any existing use which is currently not permitted in the zoning district in which it is located. "Nonconforming Development"means any buildings,structures,or improvements,which do not conform to the current bulk and dimensional standards and other regulations of the zoning district in which they are located including but not limited to; setbacks,height limits,density,landscaping,off-street parking,other parking requirements,lot coverage,and drainage facilities,including low impact development. 19.05.180 R definitions. "Redevelop or Redevelopment Project"for the purpose of nonconforming water quality(improvements)means a project that proposes to add,replace,or modify impervious surface(for purposes other than a residential subdivision or maintenance)on a site that is already substantially developed in a manner consistent with its current zoning,or with a legal nonconforming use,or has an existing impervious surface coverage of 35 percent or more.Water quality for the entire subject property must be brought into compliance with the Federal Way Revised Code. 19.05.180 S definitions. FWRC Chapter 19.05,"Definitions" Page 1 of 1 EXHIBIT C Federal Way Revised Code Title 19, Zoning and Development Code Chapter 19.105, General Development Regulations Sections: 19.105.010 Buildable lot ing-site. 19.105.020 Essential public facilities. 19.105.030 Lighting regulation. 19.105.040 Regulation of work hours. 19.105.050 Group homes. 19.105.060 Social service transitional housing. 19.105.070 Family day care. 19.105.080 Adult family homes. 19.105.090 Regulated wellhead. 19.105.100 Repair of site improvements. 19.105.010 Buildable lot ing-site. (1)General. It is a violation of this title to erect a structure on or to otherwise use or occupy any lot or parcel unless that lot or parcel is a legal buildable lot ing-site.A lot or parcel is a legal-buildable lot ingsite if it meets all of the following criteria: (a)It was created or segregated pursuant to all applicable laws,ordinances and regulation then in effect. (b)Except as specified in subsection(2)of this section,it is at least as large as the minimum lot size established by this title. (c)It is adjacent to a street,access tract,-or driveway providing access to that lot or parcel,that meets the minimum requirements of the International Fire Code and other code provisions established by or under this title. fd)Nothing in the above section eliminates the requirement to comply with all other provisions of the FWRC,or other applicable regulations,prior to obtaining a building permit or other construction permit. (2)Exception,detached dwelling units. Subject to all other requirements of this title,an applicant may build one detached dwelling unit on a lot or parcel regardless of the size of the lot or parcel,if: (a)There is or has ever been a residence on the subject property;or (b)It is a legal nonconforming lot and the owner does not own contiguous lots;or "•. . .. - - . . . .. . (c)Lots less than 50 percent of the minimum lot size required by this title are combined with one or more contiguous lots under the same ownership until the resulting lot equals at least 50 percent of the minimum lot size required. If that is not possible,all lots under contiguous ownership are combined into one lot,which may then be developed. (d)The intent of this exception shall not be to construe remnant lots or tracts as buildable lots.Lots that are not considered buildable lots are those that were not created for the purposes of land development and include but are not limited to,vacated rights of ways,tracts,lot fragments resulting from surveying errors,public orprivate easements,and assessor"tax parcels"created by segregation. (Ord.No.90-43,§2(115.80),2-27-90.Code 2001 §22-953.) Cross references:Buildings and building regulations,FWRC Title 13;subdivisions,FWRC Title 18. 19.105.100 Repair of site improvements. If the use conducted on the subject property has ceased for more than one consecutive 12 month period,the applicant shall repair and/or restore the existing improvements on the site(e.g.,drainage,landscaping,curbing,parking striping,etc.)to a condition as near as physically possible to the condition required under the approval(s)of the existing development.This provision shall be implemented as a condition of the building permit,land use,or subdivision approval. FWRC Chapter 19.105,"General Development Regulations" Page 1 of 1 EXHIBIT D Federal Way Revised Code Title 19, Zoning and Development Code Chapter 19.140, Signs' Sections: 19.140.010 Purpose. 19.140.030 Scope. 19.140.040 Permits. 19.140.050 Permit exceptions—Maintenance and operation. 19.140.060 Exempt signs. 19.140.070 Temporary and special signs. 19.140.080 Government signs. 19.140.090 Residential zone signs. 19.140.095 Residential zone signs—Real estate signs within rights-of-way. 19.140.100 Sign registration. 19.140.110 Bond. 19.140.120 Tables of sign allowances. 19.140.130 Prohibited signs. 19.140.140 Signs in nonresidential zoning districts—Freestanding signs. 19.140.150 Signs in nonresidential zoning districts—Building-mounted signs. 19.140.160 Signs in nonresidential zoning districts—Sign area multipliers. 19.140.170 Construction standards. 19.140.180 Variance from sign code. 19.140.190 Compliance and enforcement. 19.140.200 Reserved—Comprehensive design plan. 19.140.210 Nonconforming signs. 19.140.210 Nonconforming signs. (1)Purpose.In order to ease the economic impact of this Code on businesspersons with substantial investment in signs in existence on the date of adoption of this Code,or on the date of annexation if located in areas annexed to the city thereafter,this section provides for up to 10 years of continued use of a nonconforming sign in its existing state. During this period,it is expected that the sign may be amortized in its value over this 10-year time period and/or may be amortized for federal income tax purposes;provided,however,that whether a sign is amortized for tax purposes shall not affect the application of this section. (2)Definitions.A "nonconforming sign"means any sign as defined by FWRC 19.05.190 which was legally in existence on the effective date of this Code,February 28, 1990,or on the date of annexation if located in areas annexed to the city thereafter,but which does not comply with the sign regulations of Chapter 19.140 FWRC,Signs, or any other sections of this Code.Any words,terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in Chapter 19.05 FWRC. (3)Legal nonconformance. FWRC Chanter 19.140,"Signs" Page 1 of 4 (a)Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this Code, February 28, 1990,or on the date of annexation if located in areas annexed to the city thereafter which does not conform with the provisions of this Code,is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: (i)The sign was covered by a sign permit on the date of adoption of this Code,if one was required under applicable law;or ii If no si•n . rmit was re•uired under applicable law for the si_n the si In was in all res sects in compliance with applicable law on the date of adoption of this Code. (b)Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (c)Exclusions. Except for billboards,off-site signs.and roof signs.prohibited signs as defined in FWRC 19.140.130 shall not be eligible for characterization as legal nonconforming signs and must be removed upon notification by the city. (4)Notice of determination. (a)Required. After the city conducts a sign inventory,the city shall analyze whether each sign complies with the sign regulations of Chapter 19.140 FWRC,Signs,or any other sections of this Code,and shall issue a notice of determination which specifies whether the sign complies or not.If a sign conforms to this title,it shall be issued a registration sticker. If a sign is determined to be legally nonconforming,the sign will be issued a sign inventory sticker and shall be amortized pursuant to subsection(5)of this section.Signs that do not comply with the sign regulations of Chapter 19.140 FWRC,Signs,or any other sections of this Code or are not eligible for characterization as legal nonconformin• si•ns must be removed u.on notification b the cit . (b)Necessary information. The information associated with a sign and its sign inventory number shall consist of the name and address of the sign user,the sign owner,and the owner of the property upon which the sign is located, information about the sign,such as sign type,area,height,dimensions,location,a photo of the sign, and such other pertinent information as the director may require to ensure compliance with the Code,which may includeproof of the date of installation of the sign. f 5)Amortization. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code,on or before February 28,2000,or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter.Upon the expiration of the amortization period,the sign shall be brought into conformance with this Code,with a permit obtained,or be removed.A sign prohibitedpursuant to FWRC 19.140.130 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. (6)Extension or exemption from amortization period (a)Applicability.This subsection applies to any sign which is required to be removed pursuant to subsection(5) of this section following expiration of the amortization period. (b)Purpose. A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to noticeably improve the appearance of the neighborhood and the city and when a hardship would result from its enforcement. (c) Who may apply.The property owner or the person displaying the sign which is required to be removed pursuant to subsection(5)of this section may apply for a sign amortization extension or exemption. (d)Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: (i)The sign is compatible with the architectural design of structures on the subject property; (ii)The sign substantially complies with the requirements of the sign code for the land use district in which it is located. For purposes of this subsection, "substantial compliance"means that the height of the sign is within 10 percent of the sign height required by Chapter 19.140 FWRC and that the sign area of the sign is within 20percent of the sign area required by Chapter 19.140 FWRC.Minor deviations from these FWRC Chapter 19.140,"Signs" Page 2 of 4 percentages may be approved by the administrator if he or she concludes that the resulting sign is harmonious with the character of the primary structures on the subject property and with the signs and structures on surroundingproperties; (iii)The enforcement of this Code would result in a substantial hardship to the applicant due to the size, shape,topography,location or surroundings of the subject property and such hardship was not created by any action of the applicant; (iv)The sign complies with the city's minimum si gn distance at intersection requirements pursuant to FWRC 19.135.300 et seq.; (v)If illuminated,the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not directly visible; (vi)It is consistent with the city's comprehensive plan;and (vii)It is consistent with the public health,safety and welfare. (e)Applicable procedure. Except as otherwise provided by this subsection(6),the city will process an application for a sign amortization exemption or extension through process I of this Code. (7)Loss of legal nonconforming sign status.All legal nonconforming signs shall be immediately removed or modified to conform to all the provisions of this title,and a new permit secured therefor,and such legal nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: a Structural chap_es. The a.plicant is makin: structural alterations or increasin. the :ross floor area of an structure that houses or supports the use with which the legal nonconforming sign is associated. (b) Other alterations. The applicant is making any change,alteration or performing work other than normal maintenance or other than tenant improvements,in any 12-month period,to any structure that houses or supports the use with which the legal nonconforming sign is associated and the fair market value of those chan*es alterations or other work exceeds 25 •ercent of the assessed value of that structure as determined by the King County assessor. (c)Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days. (d)Sign alterations. The applicant is making changes,alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign;provided,however,that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (e) Change in use. There has been a change in use on the subject property as that term is defined by FWRC 19.05.030. (f)Change in tenant.There has been a change in tenant or business on the subject property. In connection with any multi-use or multi-tenant complex,the foregoing events which require that a legal nonconforming sign be either removed or brought into conformance with this Code shall apply only to the individual owner's or tenant's building-mounted or freestanding signs who has triggered the elimination of the legal nonconformance and not to the other signs located on the subject property,including any copy change in a center identification or tenant directory sign in order to include such tenant's name. (g)Expiration of amortizationperiod.All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code,on or before February 28,2000.or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. (8)Historic signs. Nonconforming on-site historical signs may be retained throughprocess IV of this Code,if the sign is determined to be of historic significance by satisfying all of the following criteria: a The si:n is used in connection with a buildin_ which has been desi_nated as a historic buildin: .ursuant to any federal,state or local preservation authority; (b)The subject sign or signs are substantially unchanged or unaltered since initial installation; (c)The subject sign or signs are a good example of the prevailing signage during theperiod in time it was installed;and (d)The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. FWRC Chapter 19.140,"Signs" Page 3 of 4 (9)Government acquisition of propertvfor right-of-way. (a)A sign that becomes nonconforming with respect to its setback from the edge of a public right-of-way as a result of a local,state,or federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of subsection (9)(c)of this section. (b)The city may,using process 1,allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: (i)The enforcement of this Code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback,and such hardship was created solely by local,state,or federal government acquisition of prope for right-of-way expansion and not by any action of the applicant; (ii)The sign is not prohibited by FWRC 19.140.130 and,except for location within a required setback, complies with all other requirements of Chapter 19.140 FWRC; (iii)The sign complies with the city's minimum sight distance at intersection requirements pursuant to FWRC 19.135.300 et seq.;and (iv)Location of the sign with a required setback is otherwise consistent with thepublic health,safety.and welfare. (c)Loss of legal nonconforming sign status. All nonconforming signs specified in subsections(9)(a)and(b)of this section shall be immediately removed or modified to conform to all the provisions of this title,and a new permit secured therefor,and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: ji)The applicant is making any changes,alterations,or performs any work to the legal nonconforming sign other than regular and normal maintenance.Prohibited sign alterations include relocating the sign or replacing the sign;provided,however,that any copy change in a center identification or tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation;except that a legal nonconforming sign may be relocated without losing its legal nonconforming status and eligibility for the 10-year amortization period so long as all of the following conditions are met: (A)the sign is under threat of eminent domain and the subject of a consent decree or settlement agreement executed with a local, state,or federal government;(B)the consent decree or settlement agreement was executed and filed with the court or recorded prior to the effective date of annexation:(C)the consent decree or settlement agreement does not compensate the owner of the sign for bringing the sign into conformance with the provisions of this title;(D)the owner of the sign applies for a permit to relocate the sign within six months of the date the consent decree or settlement agreement was filed;and(E)the owner makes no changes to the sign that increase the nonconformance of the sign;or ii The applicant is makin• an chan.es alterations or .erforms work other than normal maintenance or other than tenant improvements to any structure or improvement that houses or supports the use with which the nonconforming sign is associated,and the fair market value of those changes,alterations,or other work,in any one consecutive 12-month period,exceeds 75 percent of the assessed or appraised value of that structure or improvement.The appraisal must be from a state-certified real estate appraiser. For purposes of determiningyalue under this subsection,improvements required pursuant to FWRC 19.30.090(nonconforming development)and/or 19.30.110_fstreet/sidewalk improvements)shall not be counted towards the 75 percent threshold which would trigger application of this subsection. d Exem.tion. The cit ma elect not to a ep 1 an .rovision of this section if the removal of a si In would require the city to pay compensation under any federal,state or other Iaw.including Chapter 47.42 RCW. (Ord.No. 10-652,5 8,4-6-10;Ord.No.09-595,§9, 1-6-09;Ord.No.05-486.5 3.4-19-05;Ord.No.04-468.§3. 11-16-04;Ord. No.01-398,5 1,7-17-01;Ord. No.99-357,§4, 12-7-99;Ord.No.97-307,5 3. 12-16-97;Ord.No.95-235.5 3,6-6-95;Ord.No. 92-144.§3(165.35(5)),6-16-92;Ord.No.92-135,6 3(165.35(5)),4-21-92;Ord.No.91-113. 4(165.35(5)1 12-3-91:Ord. No. 90-43,5 2(165.35(5)).2-27-90.Code 2001 5 22-335.) Crop reference:Sign regulations.Charter 19.140 FWRC, FWRC Chanter 19.140,"Signs" Page 4 of 4 COUNCIL MEETING DATE: October 20,2015 ITEM#: 7h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMENDMENT TO FWRC 6.40.030 RELATING TO FORGERY,NON-FELONY POLICY QUESTION: Should the City Council act to modify FWRC 6.40.030 to clarify the jurisdictional element of the crime? COMMITTEE: PRHSPSC MEETING DATE: Oct 13,2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ryan Call,Assistant City Attorney — DEPT: Law Attachments: 1.Proposed ordinance Background: In 2009 when the misdemeanor Forgery ordinance was modified to increase the jurisdictional maximum from $600 to $1000, an additional "or" was inadvertently placed after FWRC 6.40.030(1)(b). This potentially undermines the jurisdictional element of the crime.The proposed amended ordinance removes this extra word. Options Considered: (1)Adopt the proposed amendment to FWRC 6.40.030 to remove the extra"or." (2)Decline to adopt the ordinance as proposed and provide direction to staff. MAYOR'S RECOMMEN I• ION: Adopt the proposed ordinance. MAYOR APPROVAL:W�9 R 3 DIRECTOR APPROVAL:j66p q z2l1c �G mittee Coun 1 Initial/Date de ' Initial/Date Initi ate CHIEF OF STAFF: !mac%. jf,)3 Afl ' ,GM i%-.n S' e Coune" ' i Ial/Date Initi. ',ate COMMITTEE RECOMMENDATION: "I move to forward the proposed ordinance for First Reading on October 20, 2015." 4litZ,1"- 1- �- -% 1_ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE(OCT 20): "I move to forward the proposed ordinance to the November 3, 2015 Council Meeting for second reading and enactment." 2ND READING OF ORDINANCE(NOV 3): `I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: �/a ❑ APPROVED COUNCIL BILL# "1 L ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Forgery, nonfelony; amending FWRC 6.40.030. (Amending Ordinance Nos. 09-601 and 02-429.) WHEREAS, the City Council of Federal Way previously found that adoption of certain state criminal procedures, a general adoption of state misdemeanors, and adoption of certain criminal enforcement provisions was beneficial to the City and certain Code provisions needed to be modified to match state law requirements; WHEREAS, when FWRC 6.40.030 was modified in Ordinance No. 09-601, the inadvertent addition of the word"or"created an arguable legal flaw; WHEREAS, the City Council of Federal Way finds that it is in the best interests of the citizens to update FWRC 6.40.030 to maintain its enforceability; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 6.40.030 is hereby amended to read as follows: 6.40.030 Forgery, nonfelony. (1) A person is guilty of forgery, nonfelony, if, with intent to injure or defraud: (a) He falsely makes, completes, or alters a written instrument; or (b) He possesses, utters, offers, disposes of, or puts off as true a written instrument that he knows to be forged—_ (c) The total amount of loss by the victims of the forgery is less than $1,000. (2) Forgery, nonfelony, is a gross misdemeanor. (3) This section is intended to supplement city jurisdiction in cases of forgery declined by the county. If a person is charged with forgery under state law for a particular incident, they shall not Ordinance No. 15- Page 1 of 3 Rev 1/15 be charged under this section. If a state agency wishes to charge a forgery case under state law the city shall dismiss its case to allow that to happen. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. Ordinance No. 15- Page 2 of 3 Rev 1/15 PASSED by the City Council of the City of Federal Way this day of , 20 . CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 15- Page 3 of 3 Rev 1/15 COUNCIL MEETING DATE: October 6, 2015 ITEM#• 7C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:T-Mobile West,LLC Franchise Ordinance POLICY QUESTION: Should the City grant T-Mobile West, LLC. a Franchise Ordinance to place wireless transmitting facilities and related appurtenances within and through the City of Federal Way? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent N Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution Other STAFF REPORT BY:John Mulkey,P.E., Street Systems Manager-5 R-\ DEPT: Public Works Attachments: 1. Council memorandum dated October 6,2015. 2. New Cingular Wireless Franchise Ordinance Options Considered: 1. Approve the Ordinance and forward the ordinance for a second reading and enactment to the October 20, 2015 Council agenda. 2. Modify the Ordinance and forward the ordinance for second reading and enactment to the October 20, 2015 Council agenda. 3. Reject the Ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the October 20, 2015 City Council Consent Agenda for seco g- and enactm-.t. MAYOR APPROVAL: jiT� _4 0 DIRECTOR APPROVAL: Commi.ee o it /s 'ttee CHIEF OF STAFF: L AI �% r Co' ee Council COMMITTEE RECOMME DATION:N/A PROPOSED COUNCIL MOTION: 1ST READING OF ORDINANCE(10/06/2015): "I move to forward the ordinance for a second reading and enactment to the October 20, 2015 Council agenda." 2"° READING OF ORDINANCE (10/20/2015): "I move approval of the T-Mobile West, LLC.. Franchise ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# (1051O ❑ DENIED 1ST reading !0'.0V16 ❑ . TABLED/DEFERRED/NO ACTION Enactment reading I!d MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: October 6,2015 TO: City Council VIA: Jim Ferrell,Mayor FROM• Marwan Salloum,P.E., Public Works Director i/�' • John Mulkey,P.E.,Street Systems Manager SUBJECT: T-Mobile West,LLC Franchise Ordinance BACKGROUND T-Mobile West, 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. West, LLC agrees to pay a fee or a charge in the amount of$1,000.00 to recover the T-Mobile st, L p y g actual reasonable administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. T-Mobile West, 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 T-Mobile West, LLC to post a bond for 120% to guarantee performance of the construction, performance, maintenance or repair in accordance with any permits required by this Franchise. ORDINANCE NO. AN ORDINANCE of the City of Federal Way,Washington,granting T-Mobile West Corporation, 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,T-Mobile West LLC,a Delaware limited liability company("Franchisee")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; 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, 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,Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.2 "Council"means the City of Federal Way Council acting in its official capacity. Ordinance No. 15- Page 1 of 37 Rev 1/15 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. 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 T-Mobile West Corporation and its respective successors and assigns if consented to by the City of Federal Way as provided in Section 24 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,and repairing Facilities within the Franchise Area.This Franchise is specifically limited to 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 to any other third-party, including other third-party 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 Ordinance No. 15- Page 2 of 37 Rev 1/15 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 otherwise to 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. 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. Section 5. Location of Facilities 5.1 Location. In addition to the other requirements of this Franchise,the location of the Facilities, including any underground Facilities and appurtenances, their depths below surface of ground or grade of a right-of-way,and any related existing equipment(such as cellular antennae)to which the Facilities are connected shall be depicted on a map and submitted to the City within thirty (30)days of the installation of the Facilities.The fiber optic line permitted by this Franchise which runs from the pole in the rights-of-way to the equipment shed or building on private property shall be installed underground.Upon written request of the City,Franchisee shall update such map to reflect actual or anticipated improvements to the system. 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. Ordinance No. 15- Page 3 of 37 Rev 1/15 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 underground 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. 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 and rules, as now existing or as hereafter amended; and (3) as required by the Director.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 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, Ordinance No. 15- Page 4 of 37 Rev 1/15 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 required by the Director.The Franchisee shall specify the class and type of materials to be used,equipment to be used,and mode of safeguarding and facilitating the public traffic during construction. Materials 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 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 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 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 Ordinance No. 15- Page 5 of 37 Rev 1/15 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. P p Y tY Final surface restoration shall be completed within thirty (30) days and shall be equal to or better 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. Within fifteen(15)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 licensed by the State of Washington, showing the"as-built" location of the Facilities. Section 9. Survey Markers and Monuments Franchisee shall,using a licensed surveyor,immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. Section 10. Surface Markings/Stakes Prior to Franchisee commencing any excavation work within the Franchise Area,Franchisee shall reference al l monuments and marke r s relating latin 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 Ordinance No. 15- Page 6 of 37 Rev 1/15 expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, shall be borne solely by the Franchisee.A complete set of reference notes for monuments 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 or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of ten(10)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. 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,for any purpose that is not inconsistent 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, Ordinance No. 15- Page 7 of 37 Rev 1/15 equestrian trails,sidewalks,other pedestrian amenities,and other public street improvement projects. This Franchise is not an exclusive Franchise 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, and in compliance with the requirements of the Chapter 19.255 FWRC as it now exists or is hereafter amended.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 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 Chapter 19.255 FWRC as it now exists or is hereafter amended, the City may issue permits for and enter into franchises and leases to allow location or collocation of other telecommunications facilities in the Franchise Area, and the Franchisee consents to the same, provided, however, that the location or collocation must occur in compliance with said Chapter 19.255 FWRC as it exists or is hereafter amended. In the event that any such location or collocation results in 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. In 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/or pursue any and all Ordinance No. 15- Page 8 of 37 Rev 1/15 remedies available to it against the interfering party (but in no event shall Franchisee pursue any action against the City at law, in equity, or for declaratory relief. 12.2 City's Duties. In the event the City undertakes any work, including necessary maintenance within a right-of-way in which Franchisee's facilities are located, and such work necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area,the City shall: (a) Provide written notice of the required relocation to Franchisee within a reasonable time prior to the commencement of such City work; and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications so that Franchisee may relocate its Facilities to accommodate the City work Nothing in this section shall be construed as to relieve Franchisee of its duty and obligation to relocate its Facilities, at Franchisee's sole cost, for any improvement project undertaken by, or on behalf of, the City in the interest of public health, safety, welfare, necessity, or convenience, as adjudged in the sole discretion of the City. 12.3 Franchisee's Duties. Within thirty (30) days of receipt of the City notice under Subsection 12.2(a) requiring relocation and receipt of the plans and specifications pursuant to Subsection 12.2(b),Franchisee shall raise,lower,or move such Facilities within the Franchise Area at its sole cost and expense to the location or position directed by the City, to cause the least interference with the improvement,repair,or alteration contemplated by the City and to conform to such new grades as may be established. If the City improves a right-of-way,Franchisee shall,at its sole cost and expense,upon receipt of notice,replace the Facilities located in the improved subgrade of the improvement with substitute Facilities conforming to the specifications for the improvement of the right-of-way. In the event of relocation or undergrounding,the City and Franchisee agree to Ordinance No. 15- Page 9 of 37 Rev 1/15 reasonably cooperate to relocate the Facilities to a different area of the Franchise Area,if possible. Any relocation of the Facilities shall be performed by Franchisee.City shall provide Franchisee with thirty(30)days'notice,or in the event of emergency,with notice if it is reasonably practicable to do so.The City shall reasonable cooperate with Franchisee in processing any required zoning approvals for relocating the Facilities including suggesting alternative locations in the Franchise Area if such are reasonable possibilities. In addition, Franchisee shall be permitted, at no additional fee,but at Franchisee's cost,to deploy a Cell-on-Wheels or other temporary facilities within a mutually agreeable location in the Franchise Area(not to be unreasonably withheld)so as to minimize any interruption of Franchisee service resulting from such relocation. Section 13. Damage Repair In case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to rights-of-way,or to public and private improvements within or adjacent to 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,immediately notify the City.The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights-of-way,or to public and private improvements within or adjacent to rights-of- way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage.In the event the Franchisee does not repair a right-of-way or an improvement 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 shall Ordinance No. 15- Page 10 of 37 Rev 1/15 fail 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 sixty(60)days from the receipt of such notice in which to comply. 14.2 Revocation of Franchise.If Franchisee is not in compliance with this Franchise after the expiration of the sixty (60) day period, 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. 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 Franchisees 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 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 30 days before vacating all or any portion of the Franchise Area.The City may,after thirty(30)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, Ordinance No. 15- Page 11 of 37 Rev 1/15 franchises,resolutions,regulations,standards,policies 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. The City and Franchisee agree that the terms of this Franchise are consistent with,and not contrary to, local, state and federal law. 18.2 Future City of Federal Way Regulation.Franchisee acknowledges that the City may develop 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 the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by same provided they do not conflict with state or Federal law. Section 19. Guarantee Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of ten(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, Ordinance No. 15- Page 12 of 37 Rev 1/15 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, agents, employees, or by the Franchisee's breach of any provisions of this Franchise;provided,however,that 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 or employees. 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 21,the City shall promptly notify Franchisee thereof.Franchisee's selection of an attorney to defend any such claim, 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 as are satisfactory to the City or that maintain an AM Best Rating of A-VII and are licensed to do business in the state in which the Franchise Area is located. Ordinance No. 15- Page 13 of 37 Rev 1/15 (a) Workers' compensation and employer's liability 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; and (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. 22.2 Mandatory Insurance Provisions. The commercial 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 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 below the requirements set forth herein 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. Ordinance No. 15- Page 14 of 37 Rev 1/15 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 one hundred twenty(120%)of the work to be performed 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 by City Code. 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 of the term 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 to the Franchise or as a result of default thereunder. In lieu of the bond required herein,Franchisee, before commencing work within the City, may elect to post a cash security fund (in a from acceptable to the City)or an Assignment of Funds(in the form attached hereto and made part hereof as Exhibit C)in an amount as provided in and to satisfy the requirements of this Section 23,the other Sections referenced in this Section 23, and the provisions of this Franchise. The City shall have recourse to the cash security fund or Assignment of Funds in the same manner and on the same basis as it would otherwise have recourse to the bond as provided in this Section 23, unless otherwise provided in the cash security fund or Assignment of Funds if a cash security fund or an Assignment of Funds is provided by Franchisee. Section 24. General Provisions 24.1 Entire Agreement. This Franchise contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or Ordinance No. 15- Page 15 of 37 Rev 1/15 understandings pertaining to any such matters shall be effective for any purpose. 24.2 Modification.No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the Parties. 24.3 Assignment. Franchisee shall not have the right to transfer or assign,in whole or in part,any or all of its obligations and rights hereunder without the prior written consent of the City. Any assignee shall,within thirty(30)days of the date of any approved assignment,file written notice of the assignment with the City together with its written acceptance of all terms and conditions of this Franchise.Notwithstanding the foregoing,(i)Franchisee may assign or transfer this Franchise to a parent,subsidiary or affiliated entity(any entity who owns or controls,is owned or controlled by, or is under common ownership or control,with Franchisee),provided that the assignee or transferee must have comparable financial strength as Franchisee or sufficient financial strength as deemed reasonably necessary by City,and must agree in writing to comply with all of the provisions of the Franchise including resolution of any noncompliance issues;and(ii)Franchisee shall have the right, without such notice or such written contest, to mortgage its rights, benefits and privileges in and under this Franchise to the Trustee for its bondholders. 24.4 Attorney Fees.In the event the City or the Franchisee defaults on the performance of any terms in this Franchise,and the Franchisee or the City places the enforcement 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. 24.5 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 Ordinance No. 15- Page 16 of 37 Rev 1/15 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 PAY g's right to declare another breach or default. 24.6 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. 24.7 Authority. Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 24.8 Notices.Any notices required to be given by the City to Franchisee or Franchisee Y q g Y Ty by to the City shall be delivered to the parties at the following addresses: Franchisee: City: T-Mobile USA, Inc. City of Federal Way 12920 SE 38th Street Attn: City Attorney Bellevue, WA 98006 33325 8th Avenue South Attn: Lease Compliance Federal Way, WA 98003 Site No: Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail,postage prepaid(any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing), or sent by next-business-day delivery via a nationally recognized overnight courier to the addresses set forth herein. The Parties may from time to time designate any other address for this purpose by providing written notice to the other Party at least ten (10)business days in advance. 24.9 Captions. The respective captions of the sections 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. Ordinance No. 15- Page 17 of 37 Rev 1/15 24.10 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 Parties at law, in equity or by statute. Section 25. 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 Franchise. Section 26. Ratification Any act consistent with the authority and prior to the effective date ofthis Franchise is hereby ratified and affirmed. Section 27. Effective Date This Franchise shall take effect and be in full force thirty (30) days after its passage and publication, according to law. PASSED by the City Council of the City of Federal Way this day of , 2015. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC Ordinance No. 15- Page 18 of 37 Rev 1/15 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 19 of 37 Rev 1/15 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted License and acknowledges that such rights and privileges are subject to and limited by all ofthe terms,conditions and obligations contained therein. DATED this day of , 2015. T-MOBILE WEST LLC, A Delaware limited liability company, By: Its: Ordinance No. 15- Page 20 of 37 Rev 1/15 EXHIBIT A LOCATION OF FACILITIES WITHIN THE FRANCHISE AREA Ordinance No. 15- Page 21 of 37 Rev 1/15 . ...,. i , 1 { . , „. .. . , 1 , -44 '4! L -....... . ------,-,-,......, <..... , ....- . ... . . m Itt htt t ':■., , - ----- • --- • ---„,,,_.---, -- _---„. .' ' '... E 2 r i.-74 l'i 4 :1 ".Cli i ill 1: ....r— ,,.„/ = ,: liti „1 .. , 1 \ ;...,:. li ig. ., it -, •' t f tg, a§, I: ,,i i. t4 11 4(ik ■ii xi e, 1 k- ;,, ii ,,, ' ,,, jt \ f , , rirl --,__ ..,- 1 • e / t: . ,I .i .., . ',. , . Lii t 1,„ -:* i .. li. . i ;. . : , . I ; A i w 4 1 II* i 1 4?.: §t 1, I . * 11411.101 ; 1 i'. •... 11 ,, la Iti; a.,S;; I— 1-iii 1 ; 1 3:10 I !: i ilT411 *---,,q 1 , ) di 1 1141 k 11 II i 0 141,1: ..,,, .,i,ii,. ii i I 2: 1 1 cr .....iv 4 I . ., ....1. lal. . t g,I . 211 w* 1 . Page 22 of 37 Ordinance No. 15- Rev 1/15 ■ I I 1 i Iii 1 ill * i I lei 1 i 1 r 111 s 1 t 1 . 1 1 8 3 I 1. 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N"--...., 1 1 it 1 1 ill 1,a2 IP al . .. t ,, - - "El 1 11 d't I (1* I ill 1 4 J t- 1'4" ° . - I I 1 1 " I I o ; ' 1 ,* I. 4 I -i 4 . t fin 11744 priirvAtitto 4 P4:1'3 7, (4o pil 1: cto g IIPI Ildi F7 i '44;.,h n ,. at! g il legiiir wr; 1; iri,7 I if l'i 1 1 4P .- Ordinance No. 15- Page 25 of 37 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 the completion of final installation or construction by the Principal,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 in connection herewith. 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 Ordinance No. 15- Page 26 of 37 Rev 1/15 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, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M"). The Parties shall proportionately share in the cost of the mediation. The mediation 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) 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 Ordinance No. 15- Page 27 of 37 Rev 1/15 CORPORATE SEAL OF SURETY: Surety By: Attorney-in-Fact (Attach Power of Attorney) (Name of Person Executing Bond) (Address) (Phone) APPROVED AS TO FORM: Jo Pearsall, City sal , C ty Attorne y Ordinance No. 15- Page 28 of 37 Rev 1/15 EXHIBIT C Applicant: Permit#: Project: Account Amount: $ Property Address: Cash Deposit Amount: $ CITY OF FEDERAL WAY ASSIGNMENT OF FUNDS IN LIEU OF BOND THIS ASSIGNMENT ("Assignment") is dated effective this day of 20 . The parties ("Parties") to this Assignment are the City of Federal Way, a Washington municipal corporation("City")and the undersigned owner or applicant("Assignor"). A. The Assignor is required to perform certain work and/or construct certain improvements including at the above-referenced property address located in Federal Way, Washington("Property")in connection with Assignor's application under the above-referenced permit number; B. The improvements will be constructed or the work will be performed in accordance with record drawings and approved plans on file with the City of Federal Way ("Plans"); C. The City has determined that Assignor must post security with the City pursuant to Chapter 19.25 of the Federal Way Revised Code("FWRC")as now existing or hereafter adopted or amended, to guarantee Assignor's performance of required maintenance or repair and Assignor's performance of construction of certain work or improvements pursuant to the Plans,as a condition of granting the permit. NOW, THEREFORE,the Parties agree as follows: 1. Amount of Account.Pursuant to Section 19.25.040 of the FWRC that portion of this Assignment which is in lieu of a performance bond,shall be equal to one hundred and twenty percent (120%)of the cost of the work or improvements and that portion of this Assignment which is in lieu of a maintenance bond, shall be equal to thirty percent (30%) of the cost of the work or improvements. 2. Assignment.Assignor does hereby assign,transfer and set over unto the City all right, title and interest in and to the sum of and No/100 Dollars ($ ) on deposit at the branch of ("Bank"),under account No. ("Account"); said Account being in the name of the City,as principal with full power and authority to demand, collect and receive the Account and to give receipt and acquittance for the Account. Ordinance No. 15- Page 29 of 37 Rev 1/15 3. Improvements. Assignor shall perform all work, improvements and maintenance required pursuant to the Plans,to the City's satisfaction.The maintenance obligation shall continue for two(2)years from the completion date of the improvements,or such longer period as required by the FWRC or other applicable law,rule or regulation. 4. Release. Assignor agrees that the Account will be released to the City, on demand, with no other conditions of release. This Assignment may be terminated with the City's written consent, which consent shall not be granted until the City has determined that (i) all the improvements have been constructed and installed and all work and maintenance performed to its satisfaction, in full compliance with the Plans and all applicable local, state or federal law, and within the time period prescribed by the City, and (ii) Assignor has performed all its obligations under this Assignment. The City may release this Assignment as follows: (a) Partial Release.Upon completion of the improvements in compliance with the foregoing provisions,the City will release all but thirty percent(30%)of the cost of the work or improvements covered by this Assignment, which amount is equal to and No/100 Dollars ($ ),by executing and delivering the Partial Release of Assignmen t attached hed hereto as Exhibit 1 to Assignor. (b) Full Release. Two (2) years after completion of the improvements and performance of the maintenance in compliance with the foregoing provisions,the City will release the remaining portion of the Account, in the amount of and No/100 Dollars ($ ), by executing and delivering the Full Release of Assignment attached hereto as Exhibit 2 to Assignor. 5. Right to Complete Work.The City may, but in no event is it obligated to,perform any of the necessary work in connection with the construction or completion of the improvements or performance of the maintenance required by the Plans. Upon demand, Assignor agrees to pay the City an amount equal to all of the City's actual and reasonable costs and expenses in performing such work or the City shall be reimbursed its costs and expenses from the Account at the City's election. 6. Notice. The Public Works Department of the City shall be given forty-eight (48) hours' notice prior to the commencement of any work. 7. Indemnification.Assignor agrees to indemnify and hold the City,its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities(including costs and attorney fees)arising from,resulting,or connected with this Assignment,including without limitation,the City's performance of any maintenance or other work or construction of the improvements pursuant to Section 5 herein. 8. Administrative Cash Deposit.In addition to the amount of this Assignment,Assignor agrees to pay a cash deposit to the City, pursuant to Section 19.25.060 of the FWRC, upon the execution of this Assignment equal to the following percentages of the amount of the Account: Ordinance No. 15- Page 30 of 37 Rev 1/15 Amount of Account Amount of Cash Deposit Up to $20,000 5%of Account(minimum $100) $20,001 - $50,000 4%of Account $50,001 - $100,000 3%of Account $100,001 and up 2-1/2%of Account The cash deposit may be used by the City to cover its actual expenses in administering this Assignment and, if necessary, collecting and using the proceeds from the Account. 9. Remedies Cumulative.No remedy provided for by this Assignment shall be deemed exclusive,but shall be deemed cumulative and in addition to every other remedy available to the City at law,in equity or by statute.Assignor agrees that its liability under this Assignment is not limited to the amount of the Account. 10. License.Assignor shall record a license in the form attached hereto as Exhibit 3 and incorporated herein by this reference with the King County Department of Records, immediately upon the execution of this Assignment and at Assignor's cost. 11. General Provisions. This Assignment may not be amended except by written agreement signed by the Parties.Any provision of this Assignment which is declared invalid,shall not invalidate the remaining provisions. The failure or delay of the City to declare any breach or default shall not waive such breach or default.This Assignment may not be assigned by either Party without the other Party's written consent. This Assignment shall be binding upon and inure to the benefit of the Parties' successors in interest.In the event of any dispute between the Parties regarding this Assignment, each Party shall pay its own attorney fees and costs. Each person executing this Assignment represents that he or she is authorized to execute this Assignment on behalf of their respective entity. Time is of the essence. [Signature Page Follows] Ordinance No. 15- Page 31 of 37 Rev 1/15 NAME OF APPLICANT By: (Signature) (Name) Its: (Title) (Address) (Phone) STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me to me known to be the _ of , the corporation that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this day of , 20 (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires APPROVED AS TO FORM CITY OF FEDERAL WAY Amy Jo Pearsall, City Attorney Ordinance No. 15- Page 32 of 37 Rev 1/15 BANK ACCEPTANCE The undersigned financial institution ("Bank") hereby accepts that certain Assignment of Funds in Lieu of Bond provided to the City of Federal Way ("City")by , ("Assignor") dated providing for Assignor's assignment to the City of all right, title and interest in and to the sum of and no/100 Dollars ($ )on deposit at the branch, under account no. ("Account"),payment of which shall be made upon demand by the City with no other conditions of release of the Account.The Bank agrees to hold the Account,without deduction or withdrawal,until it receives a written release of this Assignment from the City.The Bank acknowledges that it has no duty to evaluate any dispute which may exist between the City and Assignor regarding the Account and shall not interplead or in any manner delay payment of the Account to the City,upon its demand. The Bank hereby agrees to bind itself,and its heirs,executors,administrators and assigns,jointly and severally. (BANK) By: (Signature) (Name) Its: (Title) (Address) (Phone) STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me to me known to be the of , the corporation that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this day of , 20_ (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires Ordinance No. 15- Page 33 of 37 Rev 1/15 EXHIBIT 1 PARTIAL RELEASE OF ASSIGNMENT The undersigned hereby acknowledges that a portion of the conditions set forth in that Assignment of Funds in Lieu of Bond("Assignment")provided to the City of Federal Way("City") by ("Assignor") dated for (Project Name and Permit #) have been satisfied and hereby authorizes the release of an amount equal to and no/100 Dollars($ ) from account number ("Account") in Bank.The remaining funds equaling thirty percent (30%) of the cost of the work or improvements shall be held by the Bank in the Account pursuant to the terms of the Assignment for a period of two (2) years as security for Assignor's performance of all maintenance for the project described therein and as a guarantee against defective materials or workmanship in the construction and maintenance of such improvements. DATED this_day of , 20_. CITY OF FEDERAL WAY By: (Name, Title) Ordinance No. 15- Page 34 of 37 Rev 1/15 EXHIBIT 2 FULL RELEASE OF ASSIGNMENT/LICENSE Pursuant to the terms and conditions of that certain Assignment of Funds in Lieu of Bond ("Assignment") provided to the City of Federal Way ("City") by ("Assignor"), dated for (Project Name and Permit#),the City hereby acknowledges that the two(2)year maintenance period has expired,that the work or improvements covered by the Assignment have been completed to the City's satisfaction and that the City is not aware of any defect in workmanship or materials. Accordingly, the undersigned hereby releases the sum of and No/100 Dollars ($ ) from account number in Bank. The undersigned further releases all right, title and interest granted to the undersigned by reason of a certain License Agreement recorded under King County Recording No. ("License Agreement") and acknowledges that all obligations and rights contained in the License Agreement are hereby terminated. DATED this_day of , 20_. CITY OF FEDERAL WAY By: (Name, Title) Ordinance No. 15- Page 35 of 37 Rev 1/15 EXHIBIT 3 Return Address: City of Federal Way Attn:Name/Dept 33325 8th Avenue South Federal Way,WA 98003-6325 LICENSE Grantor(s): Grantee(s):CITY OF FEDERAL WAY,a Washington municipal corporation Property Legal Description(abbreviated): Additional Legal(s)on Exhibit A Easement Legal Description(abbreviated): Additional Legal(s)on Exhibit B Assessor's Tax Parcel ID#(s): The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: • [Insert Legal Description here or state: Legal description attached hereto as Exhibit"A"and incorporated herein by this reference] ("Property")hereby grants an irrevocable license to the City of Federal Way("City")and the City's agents, employees, contractors or representatives to enter upon the Property to inspect the construction of improvements, the performance of work or to allow the City to perform any necessary maintenance or work,all pursuant to that certain Assignment of Funds in Lieu of Bond of even date entered into between the City and the undersigned and incorporated herein by this reference. DATED this_ day of ,20 [Signature Page Follows] Ordinance No. 15- Page 36 of 37 Rev 1/15 (Name of Property Owner) (Signature) STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me to me known to be the of , the corporation that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this day of , 20_ (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires Ordinance No. 15- Page 37 of 37 Rev 1/15