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Council PKT 01-19-2016 RegularThe Council may add items and take action on items not listed on the agenda. CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall January 19, 2016 – 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Swearing In Ceremony of New Police Officers b. Storm Preparedness Presentation by Puget Sound Energy – Katherine Taylor c. Volunteer Recognition – Longtime Human Services Commissioner Ron Secreto d. Certificate of Appointment – Parks Commission e. Proclamation: National Mentoring Month Proclamation f. Mayor’s Emerging Issues and Report  Federal Way Coalition of the Performing Arts Large Donors Report: Theresa Yvonne and Joann Piquette  Performing Arts and Event Center Construction Update – Will Appleton  Report on Martin Luther King Jr. Celebration at TJHS – Jeff Watson  State of the City Address – February 3, 2016 Twin Lake Golf and Country Club  City Council Retreat – February 20, 2016 – Dumas Bay Centre 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: January 5, 2016 Regular Meeting; January 6, 2016 Legislative Breakfast Meeting Summary … page 3 b. Arts Commission 2016 Work Plan … page 14 c. Arts Commission 2016 Contract for Services … page 17 d. Sale of 2 Retired FWPD 2009 Honda ST 1300P Police Motorcycles … page 19 The Council may add items and take action on items not listed on the agenda. e. The Humane Society for Tacoma and Pierce County Agreement for Shelter and Related Services … page 21 f. WTSC Target Zero Team Law Enforcement Liaison Memorandum of Understanding … pg 29 g. 1st Amendment to the Synergy Building Services, Inc. Agreement … page 44 h. Buildings Bid for Town Square Park … page 48 i. Spray Park Installation Bid for Town Square Park … page 50 j. Pervious Concrete Bid for Town Square Park … page 52 k. Site Lighting Bid for Town Square Park … page 54 6. COUNCIL BUSINESS a. 2016-2017 City Council Committee Appointments … page 56 b. Positive Ticket Program/Federal Way Police Department … page 57 c. Amended 2016 Planning Commission Work Program … page 60 d. RESOLUTION: Amended 2016 Fee Schedule … page 63 e. Diversity Commission Appointments … page 126 f. Arts Commission Appointment … page 127 g. Human Services Commission Appointment … page 128 7. ORDINANCES First Reading/Enactment a. Council Bill #700/ Ordinance: City Center Planned Action … page 130 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE CITY CENTER PLANNED ACTION ESTABLISHED PURSUANT TO RCW 43.21C.440 AND AMENDING FWRC 14.15.130 (AMENDING ORDINANCE NOS. 14-779, 10-659, 07-552, AND 07-547) Second Reading b. Council Bill #698/Ordinance Amending Federal Way Revised Code (FWRC) Chapter 19.45 – Variance … page 152 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO VARIANCES; AMENDING FWRC 19.45.010 AND 19.45.020; AND ADDING A NEW SECTION TO CHAPTER 19.45 FWRC. (AMENDING ORDINANCE NOS. 90-43 AND 97-291) c. Council Bill #699/Ordinance Amending Federal Way Revised Code (FWRC) Related to Permits for Encroachments into the Public Right-of-Way Adding a New Section to Chapter 4.25 … page 166 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ADDING A NEW SECTION TO CHAPTER 4.25 FWRC RELATING TO PERMITS FOR ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY. 8. COUNCIL REPORTS 9. EXECUTIVE SESSION a. Collective Bargaining pursuant to RCW 42.30.140(4)(b) b. Property Acquisition pursuant to RCW 42.30.110(1)(b) 10. ADJOURNMENT COUNCIL MEETING DATE: January 19,2016 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 January 5, 2016 Regular City Council Meeting and the January 6,2016 Legislative Breakfast Meeting? 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: 1. Draft minutes from the January 5,2016 Regular City Council Meeting 2. Draft minutes from the January 6,2016 Legislative Breakfast Meeting Options Considered: • 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION:N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council m I N/A N/A CHIEF OF STAFF: Committee Council COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—10/01/2014 RESOLUTION# 0.5T au/ 401 :edra del` 4G 25L— A4.0 OR All CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall January 5, 2016 – 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Regular Meeting to order at 7:06 p.m. City officials in attendance: Mayor Jim Ferrell, Councilmember Jeanne Burbidge, Councilmember Lydia Assefa-Dawson,Councilmember Kelly Maloney,Councilmember Susan Honda,Councilmember Mark Koppang, and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson,Assistant City Attorney Mark Orthmann,and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE King County Councilmember Dave Upthegrove led the flag salute. 3. PRESENTATIONS a. Oaths of Office Position #1 - Councilmember Lydia Assefa-Dawson — King County Superior Court Judge Leroy McCullough thanked the Mayor and Councilmembers for their work on behalf of the city. He administered the Oath of Office and congratulated Councilmember Lydia Assefa-Dawson. Position #3 - Councilmember Susan Honda —Judge David Larson and Judge Rebecca Robertson administered the oath of office and congratulated her. Position #5 - Councilmember Mark Koppang — Mayor Ferrell administered the Oath of Office to Councilmember Mark Koppang and congratulated him. Position #7 - Councilmember Dini Duclos - Mayor Ferrell administered the Oath of Office to Councilmember Dini Duclos and congratulated her. b. Election of Deputy Mayor COUNCILMEMBER KOPPANG MOVED TO NOMINATE COUNCILMEMBER JEANNE BURBIDGE AS DEPUTY MAYOR; COUNCILMEMBER DUCLOS SECOND. Mayor Ferrell called for additional nominations; no additional nominations were received. Federal Way City Council Regular Minutes Page 1 of 7 January 5, 2016 The main motion passed unanimously (roll call vote) as follows: Councilmember Burbidge yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes c. Oath of Office for Deputy Mayor City Clerk Stephanie Courtney administered the Oath of Office to Deputy Mayor Jeanne Burbidge. At 7:27 p.m. Mayor Ferrell announced the Council will be taking a brief recess for a reception in honor of the newly elected Councilmembers and Deputy Mayor. The Mayor reconvened the meeting at 7:46 p.m. d. Proclamation: National Human Trafficking Awareness Day, January 11th Deputy Mayor Burbidge read and presented the Proclamation to Federal Way Coalition Against Human Trafficking member Brenda Oliver. She thanked the Mayor and Councilmembers for their ongoing support of this important issue. e. Certificates of Re-Appointment to the Steel Lake Management District Advisory Committee Councilmember Maloney read and presented Certificates of Re-Appointment to John Pearson, Mark Sabol, Tom Dezutter, and Margaret Rehyner to the Steel Lake Management District Advisory Committee. Ms. Rehyner thanked the Mayor and City Council and to the Surface Water Management Program and staff for their help and support with the upkeep of the lake. f. Mayor's Emerging Issues and Report • Living Holiday Tree Planted at Town Square Park Parks Director John Hutton reported on the recently planted 22 foot tall Nordman Fir at Town Square p Yp Park. The tree was planted into a specially made tree well and will slowly grow to 40 feet tall (can top out as high as 60'). The tree is from the Snohomish area and will be the sight of future Holiday Tree Lighting Celebrations. It currently stands over 26ft tall as it's planted. Mr. Hutton showed updated pictures from Town Square Park from different vantage points. • Performing Arts and Event Center Construction Update Will Appleton, Performing Arts and Event Center Project Manager gave a brief update on the project. He reviewed the schedule overview which includes construction duration of 540 calendar days with a completion date of summer 2017. Construction progress including site mobilization, erosion control measures are installed, and mass excavation is completed. Contractors are beginning formwork for footings including work for the Orchestra Pit, which is the lowest portion of the project. • 2016 Legislative Breakfast—January 6th at Federal Way Community Center Mayor Ferrell reminded and invited everyone to tomorrow's meeting with State Legislators. The doors open at 7:30 a.m. and the meeting begins at 8:00 a.m. Federal Way City Council Regular Minutes Page 2 of 7 January 5, 2016 • Martin Luther King Jr. Event—January 18th at Thomas Jefferson HS Community Services Manager Jeff Watson reported on the Martin Luther King Jr. Event which will be held at Thomas Jefferson High School on Monday January 18th at 10:00 a.m. Each year the Diversity Commission works with local students for this event. He introduced two students from Thomas Jefferson High School who spoke to the multi day celebration. The events include a school assembly on Friday; a Food Drive on Saturday; and Community Festival at Thomas Jefferson High School where the Mayor, Councilmember, and Dr.Tammy Campbell will be speaking,followed by the Day of Service on Monday,January 18th. The Mayor and Councilmembers collectively thanked the students for their hard work on these events. • State of the City Address & City Council Annual Retreat Mayor Ferrell reminded everyone of the upcoming State of the City Address hosted by the Federal Way Chamber of Commerce at the Twin Lakes Golf and Country Club on February 3`d. He also noted the City Council Annual Retreat is scheduled for Saturday, February 20th at Dumas Bay Centre beginning at 8:30 a.m. The Mayor was also pleased to announce he was recently elected to the Sound Cities Association (SCA) Board of Directors and as the Chair of Valley Communications Board. 4. CITIZEN COMMENT Laurie Beaver spoke in concern over youth/student homelessness. She asked the Council to work towards creating resources in the community for students. She currently runs a program and the number of students who are not only homeless, but have no family connect is staggering. She would like to see a safe place for them in Federal Way, and she would be willing to work together with the city to find a solution. Multiple Councilmembers thanked Ms. Beaver for her passion and emotion on youth homeless issue. They support this idea and agree there is a need in the community. Councilmembers asked this be added to a Council Committee and the City Council Retreat Agenda for more discussion and planning. Maria Valenzuela Lewis, spoke on behalf of herself and neighbors Ron and Shelley Zaffino and Nancy and Tad Papineau regarding construction in her neighborhood which they feel is adversely effecting their homes and properties. She stated the ongoing and lengthy construction and excavation process is causing damage and they are requesting an independent engineering firm assess their properties for damage. Betty Taylor, requested the City Council Annual Retreat(Saturday, February 20th)be video recorded. She also encouraged citizens to attend special education workshop for parents with special needs children; the workshop empowers parents and will be held on January 16th 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: December 1, 2015 Regular Meeting Minutes Federal Way City Council Regular Minutes Page 3 of 7 January 5, 2016 b. 2015 Surface Water Management Capital Improvement Program Update c. South 356th Street Regional Detention Facility Retrofit Project— Project Acceptance d. 2016-2017 Neighborhood Traffic Safety (NTS) Program —Rejection of Bids e. Acceptance of Water Quality Stormwater Capacity Agreement f. Acceptance of the King County Flood Control District Sub-Regional Opportunity Fund Award g. Grant Funding for Transportation Improvement Projects—Authorization to Accept Grant Funding h. S 352nd Street Extension from Enchanted Parkway South to Pacific Highway South Project— Bid Award i. State Participating Agreement— Pacific Highway S HOV Lanes Phase V DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER DUCOLS SECOND.The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 6. COUNCIL BUSINESS a. 2016 City of Federal Way Federal and State Legislative Priorities Community Outreach Coordinator Steve McNey highlighted the issues which are important to the city during this Legislative Session. He noted this is a short session and gave a brief overview of each of the categories which will be discussed at tomorrow morning's breakfast meeting.Categories include: Public Health and Environment; Community Development; Veterans Monument; Economic Development; Transportation; and Public Records Reform. Council thanked Mr. McNey for the great job on this document asked questions regarding the FAA and the airplane noise issue. Chief of Staff Brian Wilson responded the city is currently continuing the process of review and discussion with both the FAA and the Airport and the options available. He feels there has been a good amount of discussion and dialog and is impressed with how informed our citizens are on this issue. He noted the city will continue to work on this issue in 2016 including bringing in state and federal partners. DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE 2016 FEDERAL AND STATE LEGISLATIVE PRIORITIES AS PRESENTED; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos " yes Councilmember Honda yes b. Expiration of Temporary Suspension of Impact Fees for Change in Use Senior Traffic Engineer Sarady Long gave a brief PowerPoint presentation on this item. Mr. Long noted the city collects impact fees on all development projects including redevelopment of existing buildings from one use to another if the change increases the number of trips generated. In 2011,the Federal Way City Council Regular Minutes Page 4 of 7 January 5, 2016 city passed a 3 year temporary suspension of these fees due to the economic downturn. This suspension was extended for an additional one year to analyze the data.This temporary suspension expired on December 31, 2015. He noted the City of Kirkland was the only other agency implementing this type of suspension and they have ended their program. Councilmember Maloney noted the December Land Use Council Committee meeting had a good discussion and felt they should not extend the temporary suspension of the TIF. Councilmember Assefa-Dawson agreed with Councilmember Maloney hat they not extend the temporary suspension 9 Y Y another year. Councilmembers also agreed attracting businesses to the city is a delicate balance. Mayor Ferrell asked Economic Development Director Tim Johnson to speak to this issue. Mr. Johnson stated developers are not specifically looking at these fees. COUNCILMEMBER MALONEY MOVED TO ALLOW THE TEMPORARY SUSPENSION OF IMPACT FEES FOR CHANGE OF USE TO EXPIRE ON DECEMBER 31,2015 AND HAVE STAFF REPORT BACK TO LUTC BEFORE THE END OF 2016 WITH QUANTIFIABLE DATA AS TO THOSE BUSINESSES THAT DID NOT MOVE FORWARD WITH DEVELOPMENT BECAUSE OF THE IMPACT FEES; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes c. Appointment to Parks and Recreation Commission to fill unexpired term COUNCILMEMBER HONDA MOVED TO APPOINT DAWN COGGINS TO THE PARKS AND RECREATION COMMISSION TO FILL AN UNEXPIRED TERM THROUGH APRIL 30, 2018; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 7. ORDINANCES First Reading a. Council Bill#698/Ordinance Amending Federal Way Revised Code (FWRC) Chapter 19.45-Variances AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO VARIANCES; AMENDING FWRC 19.45.010 AND 19.45.020; AND ADDING A NEW SECTION TO CHAPTER 19.45 FWRC. (AMENDING ORDINANCE NOS.90-43 AND 97- 291) Senior Planner Matt Herrera gave Council a brief background on this item. He noted the proposal would provide administrative variances to the zoning provision as an alternative to conducting a public hearing and having the Hearing Examiner issue the decision. He noted this is a procedural amendment only and no substantive changes to policy are proposed. He noted the Land Use & Transportation Committee expressed some concern over adequate public notice and the committee recommendation provides for two public notice periods. The Mayor's recommendation is to allow administrative variances for requests that do not exceed 25% of the measurable standard. City Clerk Stephanie Courtney read the ordinance title into the record. Federal Way City Council Regular Minutes Page 5 of 7 January 5, 2016 COUNCILMEMBER MALONEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO SECOND READING/ENACTMENT AT THE NEXT REGULAR MEETING; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follow: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes b. Council Bill#699/Ordinance Amending Federal Way Revised Code (FWRC) Related to Permits for Encroachments into the Public Right-of-Way Adding a New Section to Chapter 4.25 AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON,ADDING A NEW SECTION TO CHAPTER 4.25 FWRC RELATING TO PERMITS FOR ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY. Assistant City Attorney Mark Orthmann gave Council a brief background on this Council Bill. He noted the Federal Way Revised Code does not allow removable, nonpermanent additions to buildings— such as awnings and canopies — to encroach into the public right-of-way. Allowing such encroachments would enhance the aesthetics of new development in the city and improve weather protection for citizens on public sidewalks. This amendment would create a permitting process for such encroachments and require applicants to acquire insurance and indemnify the City. The Mayor recommends approval of the proposed ordinance. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER MALONEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO SECOND READING/ENACTMENT AT THE NEXT REGULAR MEETING;COUNCILMEMBER MOORE SECOND.The motion passed unanimously as follow: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 8. COUNCIL REPORTS Councilmember Assefa-Dawson noted she is honored and grateful to be elected. Councilmember Maloney congratulated her colleagues and peers on their elections to Council and as Deputy Mayor. Councilmember Honda congratulated Carrie Rodriguez at the Federal Way Mirror who has received a promotion and will be no longer covering Federal Way. She congratulated everyone who was elected not only in Federal Way but in our neighboring areas and districts. She announced the next meeting of the Parks, Recreation, Human Services and Public Safety Council Committee would be January 12th. She also reported on the 9th annual Korean day celebration at King County Aquatic Center, and stated it was an honor and a privilege to be a member of the Federal Way City Council. Councilmember Koppang agreed it is an honor and a privilege to be elected. He looks forward to finding the best solutions and working together; he thanked his colleagues for the warm welcome. Federal Way City Council Regular Minutes Page 6 of 7 January 5, 2016 Councilmember Moore noted he is very impressed with the last Human Services Council Committee meeting and wished everyone a Happy New Year. He is looking forward to continuing to serve and echoed his colleagues comments, he feels lucky and fortunate to be able to serve as a voice of the people. He congratulated the new Councilmembers and Deputy Mayor and looking forward to working with everyone. Councilmember Duclos thanked the Historical Society who gave her a copy of their document which is a historical timeline of Federal Way from 1792. She noted it is a fantastic piece of research;its easy to read and encouraged everyone to get a copy. Deputy Mayor Burbidge announced the next meeting of the Lodging Tax Advisory Committee will be in February and will be the annual retreat; the Subcommittee will be meeting in January. She expressed her appreciation to the Council by allowing her to serve another term as their Deputy Mayor. She has tremendous respect for the City Council and the city staff and management. Y p tY Y 9 9. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 9:38 p.m. Attest: Stephanie D. Courtney, CMC City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 7 of 7 January 5, 2016 ST,80, �pp , 2 5- Zc 0 M mersary .64 5,4) OR NI° FEDERAL WAY CITY COUNCIL SPECIAL MEETING WITH 30TH DISTRICT STATE LEGISLATORS Federal Way Community Center January 6, 2016 — 8:00 a.m. SUMMARY 1. Welcome, Introductions, and Meeting Overview Mayor Ferrell welcomed everyone and called the Special Meeting to order at 8:06 a.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa-Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Mark Koppang, and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson, Assistant City Attorney Ryan Call, and City Clerk Stephanie Courtney. Honored Guests: Senator Mark Miloscia, Representative Linda Kochmar, and Representative Teri Rickel Mayor Ferrell thanked everyone for coming and especially thanked both Liz Drake of the Federal Way School Board and Dr. Tammy Campbell, Federal Way School District Superintendent for attending this meeting. 2. Discussion of Priorities for the 2016 Legislative Session A. Public lic Health and Environment Deputy Mayor Burbidge noted increased airplane noise from the Sea-Tac Airport due to changes in flight patterns and elevations has become a large impact on quality of life and property values for many Federal Way residents. She referenced a recent Open House held at City Hall where over 200 people were in attendance and voiced concerns to the Port of Seattle officials and the FAA. Chief of Staff Brian Wilson also noted the city continues to work on exploring the available options. Legislators agreed this is part of a large issue in the region. Councilmembers are interested in working together to seek ways to mitigate impacts the commercial aircraft are having on residents and would be supportive of a joint resolution. B. Economic Development Federal Way City Council Special Meeting Minutes Page 1 of 3 January 6, 2016 Councilmember Duclos spoke regarding the growth in Federal Way and the need for increased tax incentives for the downtown, which may assist with creating livable wage jobs for people to live and work in the city. She spoke to the difference between low income housing and affordable housing. Councilmember Maloney discussed the impacts of large multi-family projects coming on- line within the city and the impacts which are currently and will be felt in the schools servicing these complexes. Councilmember Assefa-Dawson gave additional insight as to how the King County Housing Authority is working towards addressing these impacts. She stated the county has increased the voucher system and Section 8 housing in other parts of King County, including the eastside. Community Development Director Michael Morales responded to comments regarding the Housing Trust Fund and specific multi-family projects in the city. Dr. Tammy Campbell also spoke briefly regarding planning and infrastructure the School District is developing in response to the amount of new students coming into the schools because of these large developments. She noted approximately 70 out of every 100 students is new to the school district. Superintendent Campbell spoke to the need for increased funding to the Federal Way School District, and will be supporting a facilities package in the future. Councilmembers and Legislators further discussed the implications of the Growth Management Act and the need for equity across King County. The panel also discussed the need for an increased corporate business base and infrastructure improvements needed in the downtown. C. Transportation • Work for unallocated money from the gas tax to improve the I-5/SR-18/SR- 161 interchange. Deputy Mayor Burbidge noted the importance of focusing on jobs in Federal Way. Traffic congestion is due in part to residents living in Federal Way and commuting outside the city. She discussed the need for a ballot measure to bring Sound Transit Light Rail further south and into the city. Councilmember Koppang agreed and also suggested evaluating assets that are underutilized such as Park and Ride locations. Representative Kochmar distributed information regarding the Transportation Revenue Package. The package includes dollars for the triangle project which will alleviate some of the traffic concerns and bring construction jobs to the area. D. Community Development • Eliminate the property tax exemption for projects financed through Housing Trust Fund (HTF) This item was discussed earlier in the meeting. E. Public Records Reform • Tools to resolve conflicts created by abusive and excessive requests • Ability to charge for electronic records Councilmember Moore stated transparency in government is a high priority; however the city supports regional and state efforts to look into tools to eliminate abusive requests and Federal Way City Council Special Meeting Minutes Page 2 of 3 January 6, 2016 enable cities to charge for electronic documents. Mayor Ferrell noted abusive Public Records Requests are those that are very broad in scope and may include language such as "every city document". He stated these requests have an impact on city FTE's and staff time. F. Veterans Monument • Seeking $50,000 in funding Councilmember Honda reported on various groups within the city who have been actively raising money for a Veterans Monument in the city. She feels a Veterans Monument will be not only a place of reflection for Veterans past and present, but for families of Veterans. She stated the Council is seeking legislative support of$50K as seed money for this project which will be located at Town Square Park in downtown. Representative Kochmar asked Mayor Ferrell to provide this request in writing to all three of the Legislators present this morning. 3. Legislator Updates —30th District Members • Senator Mark Miloscia • Representative Linda Kochmar • Representative Terri Hickel Legislators thanked the Mayor and Council for inviting them to the discussion this morning. Each reported on the various committees they serve on and the issues they are working on. Councilmembers also gave a brief wrap up and thanked the Legislators for attending the meeting and for their continued support of Federal Way. 4. Wrap-Up & Adjournment There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 9:20 a.m. Attest: Stephanie D. Courtney, CMC City Clerk Approved by Council: Federal Way City Council Special Meeting Minutes Page 3 of 3 January 6, 2016 COUNCIL MEETING DATE: January 19,2016 ITEM#: 5b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Arts Commission 2016 Work Plan POLICY QUESTION: Should the City Council approve the Arts Commission 2016 Work Plan? COMMITTEE: PRHSPS MEETING DATE: 1/12/16 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cody Geddes, Recreation Supervisor DEPT: PROS Attachments: 1. Proposed 2016 Arts Commission Work Plan Options Considered: 1. Approve the Arts Commission 2016 Work Plan 2. Do not approve the Arts Commission 2016 Work Plan, and provide direction to staff MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: I t /I G7 111,-. /2, - ,DIRECTOR APPROVAL: 9Apt i2/$/Jf / Com ii e Council Initial/Date nitia ''ate Initial/Date CHIEF OF STAFF: ., !J, ittee g L Council nitial/Date I//( () Initial/Da COMMITTEE RECOMMENDATION: I move to forward the Arts Commission 2016 Work Plan to the January 19, 2016 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Arts Commission 2016 Work Plan. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-08/12/2010 RESOLUTION# ,A. Arts CITY OF �'v�ssion Federal Way 2016 - WORK PLAN Mission Statement: The charge of the Federal Way Arts Commission is to develop a community where cultural heritage is valued and the Arts are alive! Committee/Project Summary/Objectives Commission Tasks Who When Status 1.A. Maintain City Hall and Knutzen Family a. Distribute gallery applications,select July-Nov Theatre Exhibits and Café Tables Display at artists,and install exhibits. FWCC. b. Submit artist/exhibit information to Ongoing 1. B. Featured artist at the Blue Poppy Day will press-request artists provide digital Fran, Mary T. be given exhibit space in a gallery. photos of their work for promotional purposes. c. City Hall, DBC gallery 3 or more Ongoing exhibits. D. Update Café tables. Public Art Committee 2. Partner with the Court to offer a student art a.Assist with development of criteria for January- contest.Judges need to pay the award fee and be entry and selection. March present at the Council meeting to meet the b.Assist with distribution of marketing Jim, Mary B., Gary winners. materials. March-June Committee Chair: c.Assist with jury of entries. 3. Sponsor Arts Alive in the Arts Juried Art Show Re-format the Arts Alive Exhibition and Sept-Dec Reception. Update the application forms Vickie, Fran 4. Public Art Maintenance Establish an on-going maintenance program for the permanent collection Vickie Ongoing 5. Performing Arts&Events Center Public Art Provide advocacy and direction for public Tina,Vickie,Gary, Ongoing thru Community Committee art component of the PAEC. Mary B Summer 2017 6. Sculpture Garden-include Arts Commission in Work with staff to vote on sculptures to Parks Dept memo about art changes rotate in every six months Fran Ongoing 1. Publish Arts Commission news and calendar in a. Collect information,write copy recreation brochure b. Online Newsletter Mary T. Ongoing 2. Promote on-going Arts Commission programs Write press releases, have them OK'd by Cultural Outreach Media Director&establish media Tina Ongoing Committee _relationships. Chair will update council. 3. Develop a relationship/visibility w/business Organize chamber attendance, distribute Ongoing community. promotional materials Tina Committee Chair: 4. Internet websites(City's site and FB page) Update city arts commission webpage, Gary,Jim,Tina Ongoing check TV Commissioner list 5. Actively search for grant funding Begin research and apply for grant Dan Ongoing funding 6. Partner with School District as art is brought to a. Begin outreach. Assess desire to Federal Way display artwork in public areas Ongoing b. Meet/develop relationship with FWSP Gary,Tina,Jim, Dan superintendent and school board 1. Develop Cultural Arts Opportunities at RWBF. a.Organize artists in action and arts Staff activities and interactive dance areas b. Explore possible collaboration with Arts Tent: Feb-July Youth Commission Tina,Vickie, Fran, c. Sponsor(grant from 4-Culture) Gary performance stage Programs Committee 2. Manage Contract For Services Program a. Review application guidelines b. Provide a workshop for applicants to Staff,Vickie,Jim, Sept-Oct clarify application, review&revise Dan Committee Chair: 3. Sponsor Outdoor Summer Concert Series Sponsor Summer Sounds on Beach— Staff,Tina July-Aug group picnic at concert(s) 4. Partner with the Rhododendron Garden for a. 1 night/weekend event Blue Poppy Day. b.Work with artists to set up photograph or sculpture gallery for duration of event Gary,Vickie, Fran May c. Develop event specific sponsors 5. Ongoing Events RWBF—Tree Lighting Support through July- volunteer and budget Vickie, Mary B. December 1. Comparative Review of other City's Arts a. Research and compare Cultural Plan Programming and Arts Commission Activities and of other cities Tina Cultural Plan b. Update cultural plan Jim Ongoing c.Work to incorporate with City/Council's Vickie strategic plan Special Projects 2. Commissioner Education 3.Quarterly visits to art-related activities as a group. Mary T Ongoing 3. Mini-Mural Utility Box Art Project The city has over 1,500 utility boxes and many of them are located in highly visible areas.Working to install vinyl Gary, Fran, Mary B. Ongoing artwork on every box. Staff Responsibilities: Coordinate agendas with Arts Commission Chair and distribute; prepare monthly minutes for commission meeting; coordinate new commissioner orientation and annual retreat; assist the commission w/development of marketing materials; maintain website; contract management; assist the Arts Commission Chair with development of bi-annual budget. COUNCIL MEETING DATE: January 19,2016 ITEM#: 5C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION 2016 CONTRACT FOR SERVICES POLICY QUESTION: Should the City Council approve the 2016 Arts Commission Contracts for Services funding recommendations? COMMITTEE: PRHSPS MEETING DATE: 1/12/16 CATEGORY: I/ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cody Geddes, Recreation Supervisor DEPT: PROS Attachments: 2016 Contract for Services Recommendation Options Considered: 1. Approve the Arts Commission 2016 Contract for Services funding recommendations and forward to the January 19, 2016 full City Council consent agenda for approval 2. Do not approve the Arts Commission 2016 Contract for Services, and provide direction to staff MAYOR'S RECOMMENDA ION: Mayor recommends option 1 MAYOR APPROVAL: or dr r �Y 5-DIRECTOR APPROVAL: /2 / Commi e; Council Initia/Date Initial 14 Initial/Dat= I CHIEF OF STAFF: ,h A,, 44,-1 4�1 * /4( Co „ Coun Init. :. Initial-at= COMMITTEE RECOMMENDATION: I move to forward the 2016 Arts Commission Contract for Services funding recommendations to the January 19, 2016 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Arts Commission 2016 Contract for Services funding recommendations. (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# Contracts for Services 2016 Request 2016 I 2015 2014 2013 2012 - 2011 2010 2009 2008 2007 Organization Request Allocation Allocation Allocation Allocation Allocation Allocation Allocation Allocation Allocation Current Year Funding Request Centerstage 9,500 9,500 8,500 7,500 8,500 10000 00.c.) 10,000 11,740 11,740 10,525 5 main stage productions 15,000 15000(req) 12000(req) 15000(req) 15000 15000(req) 25000(req) 20000(req) 15000(req) 15000(req) FW Chorale 4,500 4,500 4,000 4,000 4,000 4299 s682(rec.) 4,000 6,120 6,120 5,800 2 concerts:spring&winter 6,000 6000(req) 6000(req) 6000(req) 6000 6000(req) 6596(req) 7900(req) 6120(req) 6100(req) Harmony Kings 1,600 1,600 1,400 1,400 1,000 1096 1182(rec.) 1,500 1,500 1,500 1,100 1 Free Community Appreciation Concert 2,000 1500(req) 1500(req) 1500(req) 1500 1500(req) 2000(req) 2000(req) 1500(req) 1100(req) Jet Cities Chorus 1,500 1,500 1,500 1,500 1,250 1096 3182(rec.) 1,500 1,500 1,500 1,000 Artistic Director&Coaches Fees&Sweetie Pie Social 3,000 3000(req) 3000(req) 3000(req) 3000 3500(req) 3500(req) 2700(req) 2550(req) 1000(req) FW Symphony 18,100 19,100 17,750 16,000 20,000 1782024682 fr.)18,000 13,740 13,740 12,300 7 performances performed at St.Luke's and St Vincent's 30,000 30000(req) 20000(req) 25000(req) 25000 25000(req) 27000(req) 27500(req) 19460(reg) 14353(req) Churches Rosebud Children's 3,000 3,000 2,750 2,500 N/A N/A N/A N/A N/A N/A 2 Mini Musicals,2 Main Stage Musicals,1 community theatre Theatre Conservatory 5,000 5000(req) 3000(req) 3000(req) _ , FW Youth Orchestra 2,300 2,300 2,000 1,750 N/A N/A N/A N/A N/A WA 7 concerts in FW locations Symphony 4,000 4000(req) 6000(req) 8000(req) Rhododendron Species 500 N/A N/A N/A N/A N/A N/A N/A N/A Did not apply for current year Botanical Garden 1000(req) Aria Dance Co. NA NA NA N/A 1,500 2591 3282(rec.) 3,000 3,600 3,600 3,575 Did not apply for current year 3300 3600(req) 4000(req) .4400(req) _3600(req) 3575(req) Historical Society of FW 1,500 , N/A WA 3,250 1,650 1674 1992(rec.) 2,000 N/A N/A N/A WA State Historical Society panel rental rotation for FW 2,000 9050(req) 2,000 2310(req) 2184(req) history "FW Festival Days" N/A N/A WA N/A N/A N/A N/A N/A N/A 3,900 Did not apply for current year 5000(req) Show Stoppers N/A N/A N/A N/A WA N/A 0 WA N/A N/A Did not apply for current year 5000(req) Totals 42,000 42,000 37,900 I 37,900 I 37,900 1 38,576 I 40,000 I 38,200 I 38,200 I 38,200 I k Request 67,000 63,500(req) COUNCIL MEETING DATE: January 19,2016 ITEM#: 5d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SALE OF TWO RETIRED FWPD 2009 HONDA ST1300P POLICE MOTORCYCLES. POLICY QUESTION: Should the City of Federal Way sell two retired FWPD 2009 Honda ST1300P police motorcycles to the Port Orchard and Poulsbo Police Departments? COMMITTEE:PARKS,RECREATION,HUMAN SERVICES&PUBLIC MEETING DATE: Jan 12,2016 SAFETY COUNCIL COMMITTEE(PRHS&PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ Ci ty Council Business 111 Resolution ❑ Other I STAFF REPORT BY:LIEUTENANT KURT SCHWAN DEPT: Police Attachments: 1. PRHS &PS Memo Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATION: 1 MAYOR APPROVAL: /�` frJ3JJISIRECTOR APPROVAL:il Initial CHIEF OF STAFF: 1lrrIAI d H'' / /A4 Comm" unci COMMITTEE RECOMMENDATION: "I move to forward the sale of two retired FWPD 2009 ST1300P police motorcycles to the January 19, 2016 City Council Consent Agenda." Firktf,_____ , 11A/3-1A--7- _, 7 I. _ /... . Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the sale of two retired FWPD 2009 Honda ST1300P , police motorcycles and authorize the Chief of Police to make the sale arrangements. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-08/12/2010 RESOLUTION# I CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: January 12, 2016 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: Sale of two retired FWPD Honda ST1300P police motorcycles Background Patrol vehicles purchased by the City of Federal Way for use by the Police Department are typically placed on a five-year replacement schedule. The traffic unit's Honda ST1300P motorcycles are considered patrol vehicles and also placed on an identical five-year replacement schedule. When the motorcycles rotate out of service and are decommissioned, they are stripped of all police markings and equipment and sent to auction. The funds obtained at auction are deposited back into the city's excess reserve fund and are utilized for future vehicle purchases. Proposal We propose the sale of two retired FWPD 2009 Honda ST1300P police motorcycles. These motorcycles have rotated out of service and have been replaced with two 2015 Honda ST1300P police motorcycles which were purchased using the state bid contractor for motorcycles. Two smaller police agencies, Port Orchard and Poulsbo Police Departments, have agreed to purchase one retired FWPD 2009 Honda ST1300P motorcycle each. The tentatively agreed on purchase price, if approved by Council, is $14,000.00 ($7,000.00 for each motorcycle). This is a fair market value for these motorcycles. The anticipated income for a used 2009 Honda ST1300P at auction is between $3,500 and $4,500. If sent to auction, the City would also incur the cost of stripping all police graphics($50 each) and equipment ($370 each) prior to the sale, which is required by law. The City would stand to benefit by almost$7,000 total by selling the motorcycles instead of them to auction if we received the top anticipated price at auction. The City would sending p p p y obviously benefit even more by the sale if we were to get less at auction. The sale would also benefit the smaller police agencies of Port Orchard and Poulsbo who are not able to purchase new police motorcycles due to budgetary restraints. 1 COUNCIL MEETING DATE: January 19,2016 ITEM#: 5e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY AGREEMENT FOR SHELTER AND RELATED SERVICES POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department enter into the 2016 Humane Society for Tacoma and Pierce County Agreement for Shelter and Related Services? COMMITTEE: Parks,Recreation,Human Services and Public Safety MEETING DATE: January 12, Council Committee—(PRHS&PSC) 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFFREPORT BY: Cathy DEPT: Police...Schrock, Civilian Operation Manager............................................................................................................................................................................................................................. Attachments: 1. PRHS&PSC Staff Memo 2. Humane Society Agreement Options Considered: 1. Approve the Agreement 2. Do not approve. MAYOR'S RECOMMENDATION: 1 MAYOR APPROVAL: ,1/$0411 # 4, DIRECTOR APPROVAL: omm � unci✓✓ �,S Initial CHIEF OF STAFF: 4L t,` Co mine: Council COMMITTEE RECOMMENDATION: "I move to forward The Humane Society for Tacoma and Pierce County Agreement for Shelter and Related Services to the January 19, 2016 Council consent agenda for approval." 61:41-tX-- Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve The Humane Society for Tacoma and Pierce County Agreement for Shelter and Related Services and authorize the Mayor to sign said agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: January 12, 2016 TO: Parks, Recreation, Human Services and Public Safety Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Humane Society for Tacoma and Pierce County Agreement The Federal Way Police Department (FWPD)has entered into an agreement with the Humane Society for Tacoma and Pierce County since 2010. FWPD utilizes the Humane Society for handling stays, impounded and unwanted companion animals, and the disposal of deceased animals. The Society maintains complete and adequate records of operations involving all Federal Way animals and agrees to make its records of investigations available for the City of Federal Way's inspection. In 2016,the City of Federal Way agrees to pay the Society $86.56 per animal and allow the Society to retain all adoption, impound and other fees collected from the public for animals accepted into the shelter. This agreement will be in effect from January 1, 2016 through December 31, 2016. THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY AGREEMENT FOR SHELTER AND RELATED SERVICES The parties to this contract are the CITY OF FEDERAL WAY, a political subdivision of the state of Washington, hereinafter referred to as the "City of Federal Way," and THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY, a non-profit corporation formed and operating pursuant to RCW 16.52.020, hereinafter referred to as the "Society." The terms of this contract shall cover the period from January 1, 2016, through December 31, 2016. In consideration of the mutual benefits derived, the parties agree as follows: THE SOCIETY AGREES: (1) To furnish and maintain and to employ adequate staff for suitable shelter for the handling of stray, impounded, and unwanted companion animals turned over to the Society by the City of Federal Way or its residents. Companion animals are specifically defined as dogs, cats, domestic birds, domestic rabbits and small domestic rodents. Companion animals specifically exclude livestock (horses, cows, pigs, sheep, goats, fowl, etc.) venomous or dangerous reptiles and wild or exotic animals. Such facility shall include cat kennels and dog kennels, as well as facilities for the humane disposal of sick and injured companion animals. The facility will provide disposal (rendering or cremation) services for animals deceased upon arrival or during the time of sheltering. Impounded animals, awaiting disposition by the courts will be held for up to 15 days without additional charge. After 15 days, board will be charged to City of Federal Way at the rate of$10.00 per day per companion animal. (2) To keep the shelter staffed and open for the purposes of receiving companion animals and allowing such animals to be redeemed during regular business hours Monday through Saturday; PROVIDED THAT the Society shall establish and maintain 7-day per week, 24-hour per day access for City of Federal Way animal control officers to drop off companion animals or carcasses outside of normal shelter hours. It is understood that this does not include responsibility for care for sick or injured companion animals outside of normal shelter hours. (3) To provide licensing services for animals adopted or impounded at the Humane Society shelter whose owner resides within the City of Federal Way. The license service for will be provided during normal business hours, with no time limitation. The Humane society shall maintain complete and adequate records of all licenses issued and shall provide a timely report to the City listing the name and address of the licensee and a description of the animal licensed. The Humane Society will retain 100 percent of every license sold and payments shall be made to the Humane Society, however a monthly rebate will be applied to the sheltering contract fee equal to one third of the collected license revenue. 1 (4) To provide orientation and training to City of Federal Way animal control officers and other City staff to the Society shelter and its admissions policies, practices and other Society operations as appropriate. (5) To maintain complete records of animals received and animals disposed of on behalf of the City of Federal Way and other entities with whom the City of Federal Way has contracted. The Society agrees to make its records of investigations available for the City of Federal Way's inspection at reasonable times, and to furnish reports of the Society's activities to the City of Federal Way, and to provide, within reason, such other data as the City of Federal Way requests and as may be inspected or requested by other entities with whom the City of Federal Way has contracted. This means the Society at such times and in such form as the City of Federal Way may require, shall furnish the City of Federal Way with periodic reports pertaining to the work and services undertaken pursuant to this Contract. The Society will make available to the City of Federal Way all work-related records and documents for inspection, or evaluation during normal business hours in order to assess performance, compliance and/or quality assurance under this Contract. (6) To provide access to computers for the City of Federal Way for Animal Control Officers to enter data into the database software for animals picked up by City of Federal Way Animal Control Officers. (7) To provide basic blood draw, fecal sample, lab tests and weight at time of admission for animals involved in cruelty investigation, per request of the City of Federal Way Animal Control Officers. This service will be offered for cases of one to two animals and may be repeated weekly as deemed necessary by the Veterinarian staff at the Humane Society. The costs associated with the lab tests will be born by the City of Federal Way through additional billings. Cruelty cases involving more than 6 animals and/or needing detailed history and physical exams need to be performed by an outside veterinarian of the City of Federal Way's choice. (8) To procure and maintain comprehensive general liability insurance, and professional liability insurance with limits not less than $1,000,000.00 ($1,000,000.00 bodily and personal injury and property damage insurance). The City of Federal Way is to be named as an additional insured as respects this contract and such insurance as is carried by the Society is primary over any insurance carried by the City of Federal Way. In the event of a nonrenewal, cancellation, or material change in the coverage provided, 30 days' written notice will be furnished to the City of Federal Way prior to the date of nonrenewal, cancellation, or change. Such notice shall be sent to the City of Federal Way, Federal Way Police Department, at 33325 8th Ave South, Federal Way, WA, 98003. The City of Federal Way has no obligation to report occurrences unless a claim is filed with the City of Federal Way, and the City of Federal Way has no obligations to pay premiums on such insurance. 2 (9) To furnish equipment and supplies used in the performance of the Society's obligations arising from this contract, except equipment and supplies which the City of Federal Way expressly promises to furnish. (10) The Society agrees to hold harmless, indemnify and defend the City of Federal Way and its officers, officials and employees from any claim, liability, lawsuit or legal judgment arising from or out of the negligent or tortuous actions or inactions of the Humane Society in its performance of the activities and services set forth herein in this agreement to be performed by the Society. The Agreement to indemnify, defend and hold harmless the City of Federal Way by the Society shall not apply to any loss, claim, liability, lawsuit or legal judgment arising from the sole negligence of the City of Federal Way. (11) To allow City of Federal Way animal control officers to sanitize their vehicles in accordance with Society practices. (12) Non-discrimination. The Society agrees to take all steps necessary to comply with all federal, state and City laws and policies regarding nondiscrimination and equal employment opportunities. The Society shall not discriminate in any employment action because of race, religion, color, national origin or ancestry, sex, gender identity, sexual orientation, age, marital status, familial status, or the presence of any sensory, mental, or physical handicap. THE CITY OF FEDERAL WAY AGREES: (1) To pay to the Society $86.56 per animal for the year 2016 based on monthly billings from the Humane Society on net 30 days from date of receipt. Any payment in full over 60 days late may cause a suspension of service and will automatically be charged a 1 percent penalty. (2) To allow the Humane Society to retain all adoption, impound, board, fines and other fees collected from the public for animals accepted into the shelter since the Society has factored retention of such fees into the cost of the contract. (3) To provide the Humane Society all licenses and licensing material for the City of Federal Way and other entities with whom the City of Federal Way has contracted with. (4) Until the Humane Society accepts the animal, the City of Federal Way is responsible for all after-hours emergency care of any animal that it impounds. The City of Federal Way will be responsible for payment of care for impounded animals taken by the City of Federal Way after hours to veterinary clinics by its Animal Control officers. During hours that the Shelter is open, the Society normally has a veterinarian available to provide veterinary care; however, in the event that the Humane Society does not have a veterinarian available to provide 3 veterinary care at the Shelter, any animals needing such care during such times shall be the responsibility of the City of Federal Way. The Society shall immediately inform Civilian Operations Manager Cathy Schrock when the Society does not have a veterinarian available to provide veterinary care at the Shelter and the expected duration. The City of Federal Way is responsible for transporting the animal from any veterinary clinic to the Humane Society once the animal is stabilized. (5) The City of Federal Way animal control officers will completely and accurately perform the data input required for shelter admission as well as scan each animal for microchips Officers must also administer canine vaccines provided by the Society to animals dropped off at the shelter as required by shelter admissions policy, with the exception of when City of Federal Way animal control officers have an emergency situation or the dog's behavior is dangerous, provided the officer notes the exception on the medical. The Society will provide the necessary training for the vaccinations and computer intake requirements. The Society will create the shelter admissions policy and provide it to the City of Federal Way. (6) To hold the Society harmless from any damages or attorneys' fees or costs incurred by the Society, as a result of litigation which (a) names the Society and (b) involves a City of Federal Way ordinance that is declared illegal or unenforceable and upon which the Society relied in the performance of its obligations under this agreement. MUTUAL COVENANTS AND UNDERSTANDINGS — both parties hereto agree to the following conditions: (1) All persons employed by the Society to perform its obligations under this contract shall be employees of the Society and not of the City of Federal Way. (2) Either party can terminate this contract upon 180 days' written notice; provided that either party may terminate this contract upon 60 days' written notice for breach of any material clause herein. To facilitate timely renewal or termination, the parties agree to commence negotiations for the 2017 contract by August 1, 2016, and to gather and provide to each other all pertinent data reasonably necessary to meaningfully negotiate. (3) If this contract is not renewed or terminated by the expiration date of this contract, it shall remain in full force and effect on a month-to-month basis with a 5 percent rate increase, in accordance with the terms of this contract. (4) Modification. This instrument constitutes the entire Agreement between the parties and supersedes all prior agreements. No modification or amendment shall be valid unless evidenced in writing, properly agreed to, and signed by both parties. In the event either party shall desire to renegotiate any 4 provision of the agreement, the party shall provide 90 days' notice to the other party. The notice shall identify the provision or provisions to be renegotiated, the requested changes, and shall state the reasons for the request. The party receiving the request shall respond in writing on or before the end of the 90-day period. (5) Notices. All notices, requests, demands and other communications required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre-paid and addressed to the party at its address as stated in this Agreement or at such address as any party may designate at any time in writing. Notice to City of Federal Way shall be sent to: For animal control issues: Tracy Grossnickle, Police Lieutenant Tracy.grossnickle(a�cityoffederalway.corn 253-835-6736 33325 8th Ave South Federal Way, WA 98003-9718 For licensing or payment issues: Cathy Schrock, Civilian Operations Manager Cathy.schrock(a7cityoffederalway.com 253-835-6850 33325 8th Ave South Federal Way, WA 98003-9718 Notice to the Society shall be sent to: Executive Director 2608 Center Street Tacoma, WA 98409 (6) Litigation Costs and Fees. In the event of litigation concerning the terms of or performance under this Agreement, the prevailing party, in addition to costs, shall be entitled to reasonable attorneys' fees as determined by the court. (7) Benefits. This Agreement is entered into for the benefit of the parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. End of Agreement. Signature page immediately following. 5 XX. Authority to Sign. The individuals signing below on behalf of Humane Society and the City of Federal Way represent and warrant that they each have the requisite power and authority to enter into this Agreement on behalf of their respective organizations. DATED this day of THE HUMANE SOCIETY FOR CITY OF FEDERAL WAY TACOMA AND PIERCE COUNTY Executive Director City Mayor Kathleen Olson Jim Ferrell Attest: City Clerk Approved as to form and legality: City Attorney 6 COUNCIL MEETING DATE: January 161,2016 ITEM#: 5f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION(WTSC)TARGET ZERO TEAM(TZT)LAW ENFORCEMENT LIAISON(LEL)MEMORANDUM OF UNDERSTANDING. POLICY QUESTION: Should the City of Federal Way accept the terms of the WTSC TZT LEL MOU renewing Lieutenant Kurt Schwan as the regional Law Enforcement Liaison and accept up to$1,200.00 in WTSC grant funds to be utilized by the LEL? COMMITTEE:PARKS,RECREATION,HUMAN SERVICES&PUBLIC MEETING DATE: 01/05/2016 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 1 C LE.0 lR Li aeone k-- Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATION: aoor MAYOR APPROVAL: phi , � DIRECTOR APPROVAL: -->7/\ C.0y; • . IF 1 4/ Initial CHIEF OF STAFF: 1"'" AL'A — l� E v f►C1 C V m e Council ,1 COMMITTEE RECOMMENDATION: "I move to forward the WSTC Target Zero Team (1 LT) Law Enforcement Liaison (LEL)MOU to the January 12, 2016 City Council Consent Agenda." / Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the WSTC Target Zero Team (TZT) Law Enforcement Liaison (LEL)MOU and authorize the Chief of Police to sign such purchase 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: January 12, 2016 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) Law Enforcement Liaison (LEL) Memorandum of Understanding. 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 Department to be a leader in traffic safety for south King County and wishes to renew its appointment of FWPD Traffic Lieutenant Kurt Schwan as the regional WTSC Law Enforcement Liaison (LEL). The LEL's responsibilities are as following; • Lead the development of multijurisdictional high visibility enforcement mobilization plans • Coordinate mobilization briefings • Lead news media efforts for Target Zero Team mobilizations • Produce quarterly and annual reports documenting their TZT involvement These responsibilities will not interfere with Lt. Schwan's other traffic unit commitments and responsibilities. We ask that the City of Federal Way agree to the terms of the WTSC TZT LEL memorandum of understanding, which includes up to $1,200.00 in additional WTSC grant funding to be utilized by the LEL. 1 INTERAGENCY AGREEMENT BETWEEN THE FEDERAL WAY POLICE DEPARMENT AND WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT is made and entered into by and between the Federal Way Police Department, hereinafter referred to as "Contractor" and the Washington Traffic Safety Commission, hereinafter referred to as "WTSC." THE PURPOSE OF THIS AGREEMENT is to provide funding for the Law Enforcement Liaison (LEL) to collaborate with local jurisdictions in promoting Target Zero. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK The Law Enforcement Liaison (LEL) program shall provide an opportunity to work with state and local organizations to develop and implement statewide initiatives focusing on traffic safety education and law enforcement as described in the Statement of Work attached in Exhibit A. 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 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 $1,200.00 TWELVE HUNDRED DOLLARS. If the CONTRACTOR intends to charge indirect costs, submission of a cost allocation plan or a Federal cognizant agency letter is required. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount. The following summarizes total project costs under this Agreement: Summary of costs Amount Employee salaries and benefits Travel (includes in-state and out-of-state travel) Equipment* (specify equipment in the table below) TOTAL 1,200.00 • STATE AND FEDERAL TERMS AND CONDITIONS: ACTIVITY REPORTS The CONTRACTOR agrees to submit quarterly reports, through the LEL, and a final report on the activity of this project in the form provided by the WTSC entitled "Traffic Safety Project Report" and incorporated by reference as Exhibit B. Final reports are to be detailed and must describe whether the project objectives were accomplished, if technical and fiscal problems were encountered, and what improvements in traffic safety have resulted or probably will result. Included in the final report will be copies of publications, training reports and any statistical data generated in project execution. The final report is to be submitted to WTSC within 30 days of termination of this Interagency Agreement. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 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. 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 CONTRACTOR 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 Agreement terms, each party agrees to bear its own attorney fees and costs. BILLING PROCEDURE The CONTRACTOR shall submit invoices for reimbursement with supporting documentation to WTSC monthly. All invoices for reimbursement shall be submitted using the form A-19 attached as Exhibit C or its pre- approved equivalent. Payment to the CONTRACTOR 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 August 15. All invoices for goods or services performed on or prior to September 30, must be received by WTSC no later than November 15. BUY AMERICA ACT The CONTRACTOR 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 agreement 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 CONTRACTOR 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 agreement, 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 institutions, and OMB Circular A- 122 for nonprofit entities. The CONTRACTOR 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 CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this agreement 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 CONTRACTOR for the purpose of securing business. The WTSC shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this agreement without liability or, in its discretion, to deduct from the agreement 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 CONTRACTOR (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 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR shall notify WTSC within ten days after such notification by an employee engaged in the performance of the grant. Within 30 days, the CONTRACTOR will take appropriate personnel action against such employee, up to and including termination, and require the employee to participate satisfactorily in a drug 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 CONTRACTOR 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 civil penalty of not less than 10 000 and not more than $100 000 for each such failure. shall be subject to a $10,000 , J p Y 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; b. Terms and Conditions of this agreement; c. Any Amendment executed under this Agreement; d. Any Statement of Work executed under this Agreement; and e. Any other provisions of the agreement, including materials incorporated by reference. INCOME Income earned by the CONTRACTOR 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 CONTRACTOR 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 Agreement. The CONTRACTOR's obligation to indemnify, defend, and hold harmless includes any claim by the CONTRACTOR's agents, employees, representatives, or any subcontractor or its employees. The CONTRACTOR expressly agrees to indemnify, defend, and hold harmless the state for any claim arising out of or incident to CONTRACTOR's or any subcontractor's performance or failure to perform the Agreement. The CONTRACTOR 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. INDUSTRIAL INSURANCE COVERAGE The CONTRACTOR shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the CONTRACTOR fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the WTSC may collect from the CONTRACTOR the full amount payable to the Industrial Insurance accident fund. The WTSC may deduct the amount owed by the CONTRACTOR to the accident fund from the amount payable to the CONTRACTOR by the WTSC under this Agreement, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the CONTRACTOR. LICENSING, ACCREDITATION AND REGISTRATION The CONTRACTOR shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this Agreement. NONDISCRIMINATION The CONTRACTOR will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These 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; (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 CONTRACTOR 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. REGISTRATION WITH DEPARTMENT OF REVENUE The CONTRACTOR shall complete registration with the Washington State Department of Revenue and be responsible for payment of all taxes due on payments made under this Agreement. RIGHT OF INSPECTION The CONTRACTOR 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 Agreement. The CONTRACTOR shall make available information necessary for WTSC to comply with the client's 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 CONTRACTOR 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 Agreement. 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 CONTRACTOR hereby irrevocably assigns all right, title, and interest in data, including all intellectual property rights, to the WTSC effective from the moment of creation. 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 CONTRACTOR 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 Agreement and prior to normal completion, the WTSC may terminate the Agreement 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. SITE SECURITY While on WTSC premises, the CONTRACTOR, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 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 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 CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR. 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 Agreement, the WTSC may, by 10 days written notice, beginning on the second day after the mailing, terminate this Agreement in whole or in part. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement 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 CONTRACTOR, for the cost of which the CONTRACTOR is entitled to be reimbursed as a direct item of cost under this Agreement, shall pass to and vest in the WTSC upon delivery of such property by the CONTRACTOR. Title to other property, the cost of which is reimbursable to the CONTRACTOR under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) 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 CONTRACTOR shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 3. The CONTRACTOR shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the CONTRACTOR or which results from the failure on the part of the CONTRACTOR to maintain and administer that property in accordance with sound management practices. 4. If any WTSC property is lost, destroyed or damaged, the CONTRACTOR shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 5. The CONTRACTOR shall surrender to the WTSC all property of WTSC prior to settlement upon completion, termination or cancellation of this Agreement. 6. All reference to the CONTRACTOR under this clause shall also include CONTRACTOR 's employees, agents or Subcontractors. 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 CONTRACTOR is The Contact for WTSC is Lieutenant Kurt Schwan Edica Esqueda, Program Manager Washington Traffic Safety Traffic Unit y Commission Federal Way Police Department eesqueda @wtsc.wa.gov 621 8th Ave/POB 40944 33325 8th Ave South Olympia, WA 98504 Federal Way, WA 98003 (0) 360-725-9886 kurt.schwan(acityoffederalway.com (F) 360-586-6489 253-835-6875 I pp L 9 IN WITNESS WHEREOF, the parties have executed this Agreement. FEDERAL WAY POLICE DEPARTMENT Signature Andy Hwang Printed Name Chief of Police Title Date WASHINGTON TRAFFIC SAFETY COMMISSION Signature Chris Madill Printed Name Deputy Director Title Date Exhibit A STATEMENT OF WORK The LEL encourages law enforcement officers and leaders to support the enforcement of traffic safety laws, particularly those dealing with impaired driving, occupant protection, distracted driving, and speed management. Additional activities include collaboration with other highway safety partners and stakeholders. The position involves the following actions: • Lead evidence-based efforts to reduce motor vehicle crashes, fatalities, and serious injuries • Communication and coordination of law enforcement highway safety activities in collaboration with the local Region Target Zero Manager, Statewide LEL and WTSC Program Manager as well as allied highway safety organizations. • Active supporters for development and implementation of highway safety plans, programs, and budgets. • Recruiting law enforcement participation in highway safety activities and programs that enhance the success of achieving the WTSC highway safety goals and objectives A. PRIMARY RESPONSIBILITIES 1. Support the Target Zero Manager in the recruitment and coordination of law enforcement participation and reporting during emphasis patrols 2. Ensure law enforcement officers have adequate understanding of High Visibility Enforcement (HVE) strategies, required participation elements, expected results and related communication tasks 3. Assist in the collection of pre- and post-event data and reports 4. Provide guidance on effective traffic safety enforcement strategies 5. Provide support for promoting proven highway safety countermeasures and enforcement strategies 6. Coordinate with the Statewide LEL for information on traffic safety training, data trends, and other projects B. ALLOWABLE COSTS 1. WTSC will reimburse for overtime at 1.5 times officer's normal rate plus Contractors 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. Incidental costs such as copying, phone calls, equipment purchases, etc., must be approved in advance by WTSC. 3. Equipment may be purchased at the documented hourly rate of the LEL in lieu of overtime. 4. Prior approval for any equipment purchases must be obtained in writing from WTSC and such requests shall be accompanied by a completed time log (Exhibit D). 5. WTSC will reimburse for travel, and training expenses as needed at the state per diem rate. 6. No salaries and benefits for the trainee or his/her backfill qualify for reimbursement. Exhibit B FORM STATE OF WASHINGTON AGENCY USE ONLY A 19 g. =1, INVOICE VOUCHER AGENCY NO. LOCATION CODE P.R.ORAUTH.NO a Rev. 4/1/13) 2 280 AGENCY NAME For INTERNAL USE ONLY WA Traffic Safety Commission DATE: PO BOX 40944 PROJECT#: Olympia WA 98504-0944 APPROVED BY: VENDOR OR CLAIMANT(Warrant is to be payable to) INSTRUCTIONS TO VENDOR OR CLAIMANT: Submit this form y(Please fill in mailing address matching Fed ID#) to claim payment for materials,merchandise or services. Show complete detail for each item. BY • (Approval Signature&Title) y (Print Name) (Date) 'Statewide Vendor . FEDERAL I.D.#OR SOCIAL SECURITY#.(For reporting Personal Services Contract Payments to I.R.S. CFDA# UNIT FOR AGENCY DATE DESCRIPTION QUANTITY PRICE AMOUNT USE • • TOTAL* • • • PREPARED BY TELEPHONE NUMBER T DOC.DATE PMT DUE CURRENT DOC. REF DOC. VENDOR NUMBER VENDOR MESSAGE UBI NUMBER DATE NO. REF TRANS M MASTER INDEX SUB SUB ORG WORKCLAS COUNTY,CITY/TOWN PROJEC SUB PROJ DO CODE 0 FUND APPN PROGRAM OBJ SUS INDEX ALLOC BUDGET MOS T PROJ PHAS`< AMOUNT INVOICE NUMBER C n. INDEX INDEX OR.IFeT' UNIT ACCOUNTING APPROVAL FOR PAYMENT DATE WARRANT TOTAL WARRANT NUMBER Exhibit C W A S H I N G T O N Traffic Safety C O M M I S S I O N Traffic Safety Project Report Agency: Date Submitted: Project Title: WTSC Contract Number: Report Submitted By: Grantee Contract Number(if applicable): Quarterly Report Number: 01st Quarter Report Oct. 1 — Dec. 31 Due on Jan. 15 ❑2nd Quarter Report Jan. 1 — Mar. 31 Due on Apr. 15 ❑3rd Quarter Report Apr. 1 —Jun. 30 Due on Jul. 15 04th Quarter Report July 1 —Sept. 30 Due on Oct. 15 Other Report: ❑Final Report Due within 30 days of project close (2) Activity— Briefly describe project activity for this reporting period (Include relevant milestones and deliverables). (3) Goals— Briefly describe how project activity has contributed to accomplishing the stated goals (as included in the original proposal) of the project. (4) Problems or Favorable Developments— Briefly describe any problems that impair your ability to accomplish project goals and any favorable developments that will allow you to meet timelines and objectives sooner or at less cost than anticipated. (5) If applicable, include reports or status updates from contractors (3rd party service providers) and any summary documents or publications created. Exhibit D IMPte Ji4 1 STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION 621 8'"Avenue SE, Suite 409., PO Box 40944, Olympia, Washington 98504-0944, (360) 753-5197 LEL Hours for Equipment Log Agency Total Hours Date Officer Start Time End Time Worked I (printed name) certify under penalty of perjury, the above officer(s) did work on the dates and hours listed on this form. Records of this activity are maintained in accordance with agency policy. These records will be made available for review upon request. Supervisor Date Email Phone Number COUNCIL MEETING DATE: January>,2016 ITEM#: 5 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FIRST AMENDMENT TO THE SYNERGY BUILDING SERVICES,INC.AGREEMENT POLICY QUESTION: Should the City Council authorize a first amendment to the Synergy Building Services, Inc. Agreement? '/l / ' (f, COMMITTEE: PRHSPS • MEETING DATE: Dec. 8, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Ikerd, Parks Deputy Director DEPT: Parks Attachments: Synergy Building Services, Inc. lm Amendment Options Considered: 1).Authorize a first amendment to the Synergy Building Services,Inc. Agreement by extending their term an additional two years and increase the compensation $99,200 for a contract total of$198,400.00. 2).Do not authorize a first amendment and provide direction to staff. MAYOR'S RECOMMEN IO : Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL: 109/ __ Committee ouncil 1 V Initia/Date Initial/Dat- Initial/Date CHIEF OF STAFF: 416v • / /0,, . ! /at„j ,A Co,,ni..- Colin/[ gal/gate Initi. Date I� / COMMITTEE RECOMMENDATION: I move to forward the proposed Amendment to the January e7 2016 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Synergy Building Services, Inc. First Amendment, effective January 1, 2016 through December 31, 2017 with a total compensation of$198,400.00, and authorize the Mayor to sign said agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# .4%, CITY OF CITY HALL 33325 8th Avenue South Federal Federal Way, V'/A 98003-6325 (253) 835-7000 trT W tt'o freak-,ottKr),coin AMENDMENT NO. 1 TO JANITORIAL AGREEMENT FOR CITY HALL JANITORIAL SERVICES This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation("City"),and Synergy Building Services,Inc.,a Washington corporation("Contractor"). The City and Contractor(together"Parties"),for valuable consideration and by mutual consent of the Parties,agree to amend the original Agreement for City Hall Janitorial Services("Agreement")dated effective February 24,2014,as follows: 1. AMENDED TERM.The term of the Agreement,as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services,but in any event no later than December 31, 2017 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment,as delineated in Exhibit B-1,attached hereto and incorporated by this reference.The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for the Amended Term.Except as otherwise provided in an attached Exhibit,the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment, shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement,together with any prior amendments thereto,after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1/2015 CITY OF CITY HALL 4011%thi�» Federal '�lay, +''v 33der 8th y.W �e South Federal Way. 98003-5325 {253} 835-70 00 ?'Jtt off tin(CifWaVCt'fn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: By: y Jim Ferrell, Mayor City Clerk, Stephanie Courtney, CMC DATE: APPROVED AS TO FORM: City Attorney, Amy Jo Pearsall SYNERGY BUILDING SERVICES, INC. By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT - 2 - 1/2015 146, CITY OF CITY HALL 01." 1rY.r. Federal 33325 8th Avenue South Federal'Nay,WA 98003-6325 { 53) 835-7000 u'uu Ctvol`o,_Afan1iv COTfl EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services during the term as amended in Amendment No. 1,the City shall pay the Contractor an additional amount not to exceed Ninety-Nine Thousand Two Hundred and NO/100 Dollars ($99,200.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Hundred Ninety-Eight Thousand Four Hundred and NO/100 Dollars ($198,400.00). 2. Payout Schedule: City Hall . $3,550.00 per month = $42,600 per year Police storage office .$50.00 per month= $600 per year Park/PW Maint. Facility $450.00 per month= $5,400 per year Additional services shall be paid out at $27.00 per hour with $2,000 additional funds in the contract for any City requested extra services. AMENDMENT - 3 - 1/2015 COUNCIL MEETING DATE: January 19,2016 ITEM#: 5h .._............. . ... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: BID FOR THE BUILDINGS AT TOWN SQUARE PARK POLICY QUESTION: Should the City accept the bid results for RFB 15-012; Town Square Park Buildings and authorize the Mayor to enter into a contract with the successful bidder? COMMITTEE: PRHSPS MEETING DATE: 1/12/16 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd—Deputy Parks Director DEPT: Parks Attachments: 2016 Buildings Bid Memo for RFB 15-012 Options Considered: 1. Authorize a bid award for the buildings at Town Square Park in the amount of $373,997.49 which includes 10% contingency to American Guaranteed Roofing & Construction and authorize the Mayor to execute said agreement. (This amount is already presently included in the approved budget. To be clear this is not additional money). 2. Do not authorize a bid award for the buildings at Town Square Park to American Guaranteed Roofing& Construction and rovide direction to staff. MAYOR'S RECOMMEND, I N• Option 1 MAYOR APPROVAL r DIRECTOR APPROVAL: /!�L'9 /S Co itte' until InitilnitiaUD t e �Cp / Inihal/Date Initial/Date CHIEF OF STAFF: M/ A.LA,.,Ifr 4. Co. . e Counci Initia at Initial e COMMITTEE RECOMMENDATION:I move to forward the authorization of a bid award for the buildings at Town Square Park in the amount of$373,997.49 to American Guaranteed Roofing & Construction and authorize the Mayor to execute said agreement and forward to the January 19, 2016 Full Council consent agenda for approval. 1111/1" ---- r aci,„___. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of authorizing a bid award for the buildings at Town Square Park in the amount of$373,997.49 to American Guaranteed Roofing& Construction and authorize the Mayor to execute said agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# CITY OF ' •.. Federal Way Parks Department Date: Jan 8, 2016 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John R Hutton., Director of Parks. From: Stephen Ikerd., Deputy Director of Parks Subject: Town Square Park Improvements - Buildings Background: Staff solicited bids for improvements to Town Square Park as part of a phased development plan requiring multiple requests for bids. This bid includes the ground work and all related construction for the restroom building and the picnic shelter. Staff advertised and also sent to the local plan centers RFB 15-012. Eleven (11) companies responded by submitting the following bids including tax: 1. American Roofing $339,997.72 2. Rod McConkey $354,242.50 3. Danneko Const. $363,102.00 4. Gall Construction $369,813.00 5. American Coatings $387,082.50 6. Stetz Construction $399,500.00 7. Pacific West $414,457.00 8. Collaborative Const. $427,840.59 9. Weleck Const. $446,872.00 10. Westmark $452,386.11 11. Henderson Partners $486,726.40 Recommendation: Staff evaluated the responses to this RFB, checked references and recommends awarding the bid to the lowest responsible bidder, American Roofing & Construction INC. Financial Summary: $339,997.72—Contract award amount. 33,999.77 - 10% contingency. $373,997.49 -Total Council approval request. Note: This bid amount is within the original Council approved park project amount of $1.7m plus $400,000 LID improvements for a grand total of 2.1m. COUNCIL MEETING DATE: January 19,2016 ITEM#: 51 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SPRAY PARK INSTALLATION BID FOR TOWN SQUARE PARK POLICY QUESTION: Should the City accept the bid results for RFB 15-018; Town Square Spray Park installation,and authorize the Mayor to enter into a contract with the successful bidder? COMMITTEE: PRHSPS MEETING DATE: 1/12/16 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd Deputy Parks Director DEPT: Parks Attachments: 2016 Spray Park Installation Bid Memo for RFB15-018 Options Considered: 1. Authorize a bid award for the buildings at Town Square Park in the amount of$241,799.77 which includes bid alternate 1 and 10%contingency to Henderson Partners and authorize the Mayor to execute said agreement. (This amount is already presently included in the approved budget. To be clear this is.not additional money). 2. Do not authorize a bid award for the Spray Park Installation at Town Square Park to Henderson Partners and provide direction to staff.......................................... _._.___. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: 1 1/104 /g/fL DIRECTOR APPROVAL: //��L �Com e f il ndial/Date Inif ■ate Inittiial/Date CHIEF OF STAFF: 4. `L_, . 'vl4 Aksi . Com/ee Council Init',: I ate Initial/Date COMMITTEE RECOMMENDATION: I move to forward the authorization of a bid award for the Spray Park Installation at Town Square Park in the amount of$241,799.77 to Henderson Partners and authorize the Mayor to execute said agreement and forward to the January 19, 2016 Full Council consent agenda for approval. //1/(J &'/ 7i/ 6-;4a,..„2,____ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of authorizing a bid award for the Spray Park Installation at Town Square Park in the amount of$241,799.77 to Henderson Partners and authorize the Mayor to execute said agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# 41kCITY OF ih,AN444,,..., Federal Way Parks Department Date: Jan 8, 2016 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John R Hutton., Director of Parks. From: Stephen Ikerd., Deputy Director of Parks Subject: Town Square Park Improvements—Spray Park Install Background: Staff solicited bids for improvements to Town Square Park as part of a phased development plan requiring multiple requests for bids. This bid includes the ground work and all related construction and the installation of spray park features. Staff advertised and also sent to the local plan centers RFB 15-018. Three (3) companies responded by submitting the following bids including 1 alternate for up lights: 1. Henderson Partners $219,817.97 2. Nordic Construction $232,764.15 3. LW Sundstrom $245,537.33 Recommendation: Staff evaluated the responses to this RFB, checked references and recommends awarding the bid to the lowest responsible bidder, Henderson Partners. The Parks Department has experience with this contractor, as they were the successful bidder for the initial park demolition; grading and infrastructure work to date. Financial Summary: $219,817.97—Contract award amount. 21,981.80 - 10% contingency. $241,799.77 -Total Council approval request. Note: This bid amount is within the original Council approved park project amount of $1.7m plus $400,000 LID improvements for a grand total of 2.1m. COUNCIL MEETING DATE: January 19,2016 ITEM#: 5j CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PERVIOUS CONCRETE BID FOR TOWN SQUARE PARK POLICY QUESTION: Should the City accept the bid results for RFB 15-016; Town Square Park pervious concrete, and authorize the Mayor to enter into a contract with the successful bidder? COMMITTEE: PRHSPS MEETING DATE: 1/12/16 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing El City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd Deputy Parks Director DEPT Parks Attachments: 2016 pervious concrete Bid Memo for RFB15-016 Options Considered: 1. Authorize a bid award for pervious concrete at Town Square Park in the amount of$84,315.00 which includes 10% contingency to Global Contractors, LLC. and authorize the Mayor to execute said agreement. (This amount is already presently included in the approved budget. To be clear this is not additional money). 2. Do not authorize a bid award for the pervious concrete at Town Square Park to Global Contractors,LLC. andprovide direction to staff. MAYOR'S RECOMMEND TION: Option 1 MAYOR APPROVAL: , 7• /JT/J� DIRECTOR APPROVAL: /( .11" Corn itte- Coun 7/ Initial/Date Initial/Da! Initial/Date CHIEF OF STAFF: , w. �l/ Co itt Coun Initi.1/Date Initia ate COMMITTEE RECOMMENDATION: I move to forward the authorization of a bid award for pervious concrete at Town Square Park in the amount of$84,315.00 to Global Contractors, LLC and authorize the Mayor to execute said agreement and forward to the January 19, 2016 Full Council consent agenda for approval. • Alt44\44-11/ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of authorizing a bid award for the pervious concrete at Town Square Park in the amount of$84,315.00 to Global Contractors, LLC and authorize the Mayor to execute said agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# CITY OF ''� r Federal Way Parks Department Date: Jan 8, 2016 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John R Hutton., Director of Parks. From: Stephen Ikerd., Deputy Director of Parks Subject: Town Square Park Improvements— Pervious Paving Background: Staff solicited bids for improvements to Town Square Park as part of a phased development plan requiring multiple requests for bids. This bid includes the installation of all pervious concrete pavement for the interior park pathway and designated restroom plaza area. Staff advertised and also sent to the local plan centers RFB 15-016. Three (3) companies responded by submitting the following bids: 1. Global Contractors $76,650.00 2. Palmer Construction $124,611.00 3. RW Scott Const. $178,485.00 Recommendation: Staff evaluated the responses to this RFB, checked references and recommends awarding the bid to the lowest responsible bidder, Global Contractor, LLC. The Parks Department has prior experience with this contractor, as they were the successful bidder for the Family Funland concrete work and they performed well. Financial Summary: $76,650.00—Contract award amount. 7,665.00 - 10% contingency. $84,315.00 -Total Council approval request. Note: This bid amount is within the original Council approved park project amount of $1.7m plus $400,000 LID improvements for a grand total of 2.1m. COUNCIL MEETING DATE: January 19,2016 ITEM#: 5k .... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SITE LIGHTING BID FOR TOWN SQUARE PARK POLICY QUESTION: Should the City accept the bid results for RFB 15-019; Town Square site lighting and authorize the Mayor to enter into a contract with the successful bidder? COMMITTEE: PRHSPS MEETING DATE: 1/12/16 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd Deputy Parks Director DEPT: Parks Attachments: 2016 site lighting Bid Memo for RFB15-019 Options Considered: 1. Authorize a bid award for the site lighting at Town Square Park in the amount of$96,074.55 which includes 10%contingency to Metro Group LLC,DBA Conserve Energy and authorize the Mayor to execute said agreement. (This amount is already presently included in the approved budget.To be clear this is not additional money). 2. Do not authorize a bid award for the site lighting at Town Square Park to Metro Group LLC, DBA Conserve Energy and rovide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: '//'�7 r i/ 4 DIRECTOR APPROVALQ /��0f Commi ee `��r ' Coun l ® nitial/Date Initial/Date Initial/Date ■ CHIEF OF STAFF: ( . Pt) +v, keil& Committe Comic' Initial/I) a Initial a COMMITTEE RECOMMENDATION: I move to forward the authorization of a bid award for the site lighting at Town Square Park in the amount of$96,074.55 to Metro Group LLC, DBA Conserve Energy and authorize the Mayor to execute said agreement and forward to the January 19, 2016 Full Council consent agenda for approval. 4 jui/jeL.4.—114._____ -- .244%2_ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of authorizing a bid award for the site lighting at Town Square Park in the amount of$96,074.55 to Metro Group LLC, DBA Conserve Energy and authorize the Mayor to execute said agreement". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1"reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-1/2015 RESOLUTION# CITY OF 4%0%44._ Federal Way Parks Department Date: Jan 8, 2016 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John R Hutton., Director of Parks. From: Stephen Ikerd., Deputy Director of Parks Subject: Town Square Park Improvements—Site Lighting Background: Staff solicited bids for improvements to Town Square Park as part of a phased development plan requiring multiple requests for bids. This bid includes the supply of fixtures and the installation of exterior lighting for the parking lot and interior park pathway. Staff advertised and also sent to the local plan centers RFB 15-019. Eight (8) companies responded by submitting the following bids: 1. Metro Group LLC DBA Conserve Energy $87,340.50 2. West Coast Signal $88,256.63 3. Transportation Systems $89,321.34 4. Pioneer Cable $92,882.97 5. Mastercraft $98,142.66 6. American Electric $109,500.00 7. Seahurst Electric $114,914.78 8. Teknon Electric $118,719.28 Recommendation: Staff evaluated the responses to this RFB, checked references and recommends awarding the bid to the lowest responsible bidder, Metro Group LLC DBA Conserve Energy. Financial Summary: $87,340.50—Contract award amount. 8.734.05 - 10% contingency. $96,074.55 -Total Council approval request. Note: This bid amount is within the original Council approved park project amount of $1.7m plus $400,000 LID improvements for a grand total of 2.1m. COUNCIL MEETING DATE: January 19,2016 ITEM#: 6a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2016-2017 CITY COUNCIL COMMITTEE APPOINTMENTS POLICY QUESTION: Should the Council ratify the Council Committee Appointments for 2016-2017? 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 Per Section 20 of the Council Rules of Procedure, Council Committee appointment (chairs and members) shall be made by the Deputy Mayor in January. Membership to the Land Use/Transportation Committee (LUTC), Finance, Economic Development and Regional Affairs Committee (FEDRAC) and the Parks, Recreation and Human Services Committee (PRHSPSC) will consist of three Councilmembers. Appointments to Committees are for two years. Options Considered: 1. Ratify the Deputy Mayor's Council Committee Appointments as presented. 2. Amend the Deputy Mayor's Council Committee Appointments. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A � //Iv/ CITY CLERK APPROVAL: Committee Co ncil � CHIEF OF STAFF: N/A 4„, Committee /-� /4i COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# ' COUNCIL MEETING DATE: January 19,2016 ITEM#: 6b ........................................................................ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: POSITIVE TICKET PROGRAM POLICY QUESTION: N/A COMMITTEE: Parks, Recreation,Human Services and Public Safety MEETING DATE: January 12, Council Committee—(PRHS&PSC) 2016 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing 1J City Council Business ❑ Resolution ® Other—Information Only STAFF REPORT BY: Steve Neal,Deputy DEPT: Police Attachments: ................................................................................................................................................................................................................................................................................................................. Attachments: 1. PRHS&PSC Staff Memo Options Considered: 1. Approve implementation of the program. 2. Do not approve. .................................................................. MAYOR'S RECOMMENDATION: 1 MAYOR APPROVAL: D RECTOR APPROVAL: .•.++. C mute mil 3 I5 1-1l CHIEF OF STAFF: sgeri' iI■ '*AT 1,4- `o i ittee Council COMMITTEE RECOMMENDATION: "I move to forward the Positive Ticket Program recommendation to the January 19, 2016 Council agenda for approval." Itr A - . 7......,,, . 4,.., J . i - Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve the Positive Ticket Program." (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: January 12, 2016 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Positive Tickets Program Background: The Positive Tickets Program is a youth based program designed to foster a more positive and trusting relationship between the police and our youth. The program enhances the department's ongoing Community Oriented Policing efforts to"earn the public's trust,"particularly with young people in the community. The program, issuing Positive Tickets to kids, was originally developed by Ward Clapham, who retired as a superintendent for the Royal Canadian Mounted Police (RCMP)in Richmond B.C. His program focused on the concept of finding kids doing good things and rewarding them with "Positive Tickets" for their efforts. The idea started with a simple vision: cops catching kids for doing things right. The vision is based on the notion that police officers can prevent crime and human tragedy by helping point kids in the right direction by simply bonding with them and building relationships of trust. By proactively identifying and recognizing the positive behavior of young people, police officers can become a community asset in their lives, helping reinforce positive youth development. This program focuses on changing existing paradigms and creating new ones that inspire an atmosphere of trust and respect. Imagine police officers catching kids for positive behavior. Instead of handing out violations for negative behavior, cops would"catch" kids doing good things and reward them with a Positive Ticket. The program requires a partnership with individuals, businesses and the community at large to acquire a variety of ticket items such as food, movies or entrances to fun things providing a great alternative for kids. Individuals and organizations supplying tickets agree that there are no strings attached with the tickets -discounts are not accepted. Individuals and organizations must be committed to participate for"social profit,"not financial gain in order to participate in the program. The Police Department is actively sharing the idea of a Positive Tickets Program with key businesses in our community and looking for partners who are positive and enthusiastic about helping the youth. A single organization simply cannot handle the scope of the program. We will need a wide variety of ticket items from many different sources, such as recreation centers of all kinds, restaurants, amusement parks, movie theaters and City and government organizations. 1 So far,the following businesses have agreed to participate in the program: Wild Waves, The Commons Mall, Century Theaters, Federal Way Community Center, and Pattison's West Skating Center. Stephen Covey wrote: "The program is not primarily about the free tickets. It's about the relationship between the adult giving the ticket and the youth receiving the ticket. Building relationships of trust focuses on root problems that many kids experience. They desperately need positive mentoring and guidance from adults, which many are lacking. The ticket is simply a device that enables adults to build relationships with the kids. The ticket is the means to the end, not the end itself." The Positive Tickets Program is a cooperative effort between the police, elected officials, community members, and businesses showing support to the youth in our community. The outcome of the program is to enhance the City and Police Department's ability to build a positive and trusting relationship with our community, particularly with our youth. There will be no significant budgetary impact with this program. Any incidental costs will be absorbed within the Police Department's budget. 2 • COUNCIL MEETING DATE: January 19, 2016 . ITEM#: 6c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:Amended 2016 Planning Commission Work Program POLICY QUESTION: Should the 2016 Planning Commission Work Program be amended? COMMITTEE: Land Use/Transportation Committee(LUTC) MEETING DATE: January 5, 2016 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Principal Planner Margaret H. Clark ( a" DEPT.: Community Development Attachments: December 23, 2015,Memorandum and Amended 2016 Planning Commission Work Program Options Considered: 1) Approve the Mayor's Recommendation on the Amended 2016 Planning Commission Work Program as outlined in the December 23, 2015, Memorandum to theti 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 �s/f MAYOR APPROVAL: /'i' 'y /5' ,, Ja' DIRECTOR APPROVAL: i��Z Co Mee l Council r S Initial/Da Initial/Date Initial/Date aDa CHIEF OF STAFF: Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the Mayor's Recommendation to the January 19, 2016, City Council meeting for approval. " 4 Committee Chair Co ,!f ittee Member Co r$ ee ember 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 I reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# K:\2016 Planning Commsision Work Program\Amended Work Program\LUTC\Agenda Bill.doc O,9„.? O4 20 O 422 Stab .y 7990.20 MEMORANDUM DATE: December 23, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor 2 A 7j1 FROM: Michael A. Morales, Community Development Director Margaret H. Clark,AICP, Principal Planner MN SUBJECT: Amended 2016 Planning Commission Work Program A. BACKGROUND The City Council approved the Planning Commission's Work Program on October 20, 2015, as shown in Section B of this memorandum. Since that time,the U.S. Supreme Court ruled, in Reed v. Town of Gilbert, that sign codes placing unconstitutional content based restrictions on speech violate the First Amendment. Based on advice from the Law Department, the City will need to review and change its sign code to comply with the holding of the Supreme Court. In addition,the Law Department has advised that the City's open space requirements for subdivisions may be problematic as they are based on a flat 15 percent dedication of gross land area. In order for dedication requirements to be defensible,the City needs to show a nexus between the amount of open space required to be dedicated and the need for additional open space generated by a subdivision. As a result,the Mayor recommends that the 2016 Planning Commission Work Program be amended as shown in Section C of this Memorandum. B. ADOPTED 2016 PLANNING COMMISSION WORK PROGRAM REQUIRED ACTIONS ESTIMATED TIME FRAME FOR COMPLETION 2016 Annual Comprehensive Plan Update 2nd Qtr.2016 Address marijuana-related code amendments in 1s`Qtr.2016(Completed).The City voted to response to its legalization within the state of prohibit all marijuana-related businesses Washington. (medical and recreational).The City has also ended a moratorium on recreational marijuana- related businesses. (The medical marijuana moratorium is still in place.) Staff Report Meeting Date:January 5,2015 Amended 2016 Planning Commission Work Program Page 1 DISCRETIONARY ACTIONS ESTIMATED TIME FRAME FOR COMPLETION Amend the language in the Environmental Policy related to the time 1"Qtr.2016 horizon of the Planned Action SEPA. Advocate for legislation to address the sustainability of manufactured 2nd Qtr.2016 home parks. Review of growth targets as they relate to multi-family housing. 2"d Qtr.2016 Amend regulations to address development regulations and design 3rd Qtr.2016 guidelines in the City Center. Adopt an ordinance establishing a historic preservation program and 3`d Qtr.2016 request certification as a"Certified Local Government." Amend regulations to broaden uses and standardize bulk and 4th Qtr.2016 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. C. MAYOR'S RECOMMENDATION The Mayor recommends that the 2016 Planning Commission Work Program be amended to add those items shown as underlined in the following table: REQUIRED ACTIONS ESTIMATED TIME FRAME FOR COMPLETION 2016 Annual Comprehensive Plan Update. 2"Qtr.2016 Address marijuana-related code amendments in response to its 1St Qtr.2016(Completed) legalization within the state of Washington. Amend the language of the Sign Code to make it content neutral in 1st Qtr.2016 response to case law. DISCRETIONARY ACTIONS Amend the Subdivision Code to address open space requirements. 2nd Qtr. Amend the language in the Environmental Policy related to the time 1"Qtr.2016 horizon of the Planned Action SEPA. Advocate for legislation to address the sustainability of manufactured 2"d Qtr.2016 home parks. Review of growth targets as they relate to multi-family housing. 2"d Qtr.2016 Amend regulations to address development regulations and design 3`d Qtr.2016 guidelines in the City Center. Adopt an ordinance establishing a historic preservation program and 3`d Qtr.2016 request certification as a"Certified Local Government." Amend regulations to broaden uses and standardize bulk and 4th Qtr.2016 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. K:\2016 Planning Commsision Work Program\Amended Work Program\122215 Staff Report.doc Staff Report Meeting Date:January 5,2015 Amended 2016 Planning Commission Work Program Page 2 COUNCIL MEETING DATE: January 19,2016 ITEM#: 6d I'Y........................................................................... .. ........... .................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:RESOLUTION:2016 AMENDED FEE SCHEDULE RESOLUTION POLICY QUESTION: Should the City Council authorize the approval of the 2016 Amended Fee Schedule Resolution? COMMITTEE: N/A MEETING DATE: January 19, 2016 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Ade Ariwoola DEPT: Finance Attachments: 1. Finance Director's Memo 2. Resolution 3. Exhibit A 4. Federal Way Public Schools Resolution 2016-02 5. Federal Way Public Schools Memo 6. Federal Way Public Schools Capital Facilities Plan Options Considered: 1. Approve the Amended Fee Schedule Resolution. 2. Do not approve the Resolution and provide direction to staff. • MAYOR'S RECOMMENDATION: Options 1. ,,' �� *J MAYOR APPROVAL: � / f DIRECTOR APPROVAL ��t� � ��'ib C. mitte• Count Initial/Date Al Initial/Da e Initial/Date CHIEF OF STAFF: Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2016 Amended Fee Schedule Resolution." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# CITYOF FEDERALWAY Finance Department CITY OF Federal Way MEMORANDUM To: Council .01111P From: Ade Ariwoola, Finance Director ,• Via: Jim Ferrell, Mayor Subject: 2016 Fee Schedule (Amended) Date: January 8,2016 Background: The City sets fees for various things within its jurisdictions. These fees are reviewed every year and sometimes adjusted. Last month the Council approved the current 2016 Fee Schedule with the understanding that I will be presenting an amendment to the Schedule in January. The following are the major changes: The Federal Way Public Schools (FWPS) changed their fees as referenced in Section Seventeen of"Exhibit A", and approved by FWPS Board as directed by their Resolution 2016-02. The FWPS desires to change their Impact Fee rate as explained to the Council in December. There was a change in data used for calculation after the original calculation was 9 done, resulting in a new fee. Accordingly, I am presenting the new fee. Community Development: There are some changes made to CD to clarify the rates and the calculation. RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, amending the fee schedule for 2016 and repealing the fee schedule adopted in Resolution No. 15-699 WHEREAS, the City is authorized under RCW 35A.11.020. 35A.63.100(2), and RCW 19.27.040 to require licenses for the conduct of business, permits for the construction of structures and improvements, and to impose fees to recoup the costs of processing and/or providing services; and WHEREAS, the Federal Way Revised Code establishes the basis for the assessment and/or collection of such license, permit fees, and service charges; and WHEREAS, the City Council deemed it is advisable and necessary to provide gradual annual increases in Land Use, Mechanical, Plumbing, Public Works, Electrical, and Building permit fees and to establish the mid-year Consumer Price Index for All Clerical Workers (CPI- W) for the Seattle-Tacoma-Bremerton area as the basis for such adjustments in Resolutions 98- 281, 01-351, 02-377, 03-406, 04-435, 05-462, 06-490, 07-513, 08-537, 09-567, 10-585, 10-599, 11-612, 12-626, 13-654, 14-673 and 15-699; and WHEREAS, the City Council has historically adjusted development services and permit fees under the Land Use, Mechanical Code, Plumbing Code, Public Works, Electrical Code, and International Building Codes in accordance to the percentage of inflation measured by the mid- year CPI-W for the Seattle-Tacoma-Bremerton area; and WHEREAS, the Transportation Impact Fees is indexed to provide for an automatic increase each year based on a three-year moving average of the Washington State Department of Transportation Construction Cost Index; and Resolution No. 16- Page 1 of 22 Rev 1/15 WHEREAS, the City Council finds it necessary to provide for an annual inflationary adjustment as the basis for an increase; and WHEREAS, the City Council finds it necessary to revise building-related permit fees in order to ensure that fees reflect changes in the types of permits issued, more accurately recover costs associated with permit issuance, to remain consistent with surrounding jurisdictions, and to correct inconsistencies and errors; and WHEREAS, the City Council finds it necessary to revise the City fee schedule upon review of the Federal Way Public Schools Resolution No. 2016-02 restating its 2016 Capital Facility Plan and its Impact Fee requirements. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, HEREBY RESOLVES AS FOLLOWS: Section 1. Fee Schedule. The City of Federal Way hereby adopts the Amended 2016 Fee Schedule as attached hereto, identified as Exhibit A and hereby incorporated in full by this reference, for fees associated with the various licenses, permit processes, and other business activities of the City. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this 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. Resolution No. 16- Page 2 of 22 Rev 1/15 Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. The fee schedule adopted by this resolution shall be effective January 20, 2016. An act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 19th day of January, 2016. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 16- Page 3 of 22 Rev 1/15 EXHIBIT A 2016 REVISED FEE SCHEDULE 2016 TYPE OF FEE Fee SECTION ONE. ANIMAL LICENSE AND OTHER FEES.(PD) Unaltered Cat license per year $60.00 Unaltered Dog license per year $60.00 Altered Cat: Altered Cat license for one year $20.00 Altered Cat license for two year $35.00 Altered Cat license for three year $50.00 Altered Dog: Altered Dog license for one year $25.00 Altered Dog license for two year $45.00 Altered Dog license for three year $65.00 Permanent License(owners 65 years of age and older)-if Altered No Fee Permanent License(disabled)-if Altered No Fee Other Fees: Replacement Tag $2.00 Impound Redemption: First Impound $25.00 Second Impound(mandatory spay/neuter) $50.00 Third Impound $75.00 24 Hour Retention $10/day Additional License Fee(for unlicensed dogs/cats impounded) $50.00 Hobby Kennel/Hobby Cattery(Plus each individual animal must be licensed) $50.00 Page 4 of22 Resolution No. 16- Rev 1/15 EXHIBIT A 2016 REVISED FEE SCHEDULE 2016 TYPE OF FEE Fee SECTION THREE. BUSINESS REGISTRATION.(FI) General Business License: New Business,all categories unless otherwise identified herein $75.00 Business Renewal $50.00 Temporary Business License $50.00 Duplicate Registration(replacement) $15.00 Gambling: Business Establishments Authorized by the State Gambling Commission to Operate Social Card Games and/or expanded card room activities: New Business,Expansion,or Change of Ownership $525.00 Renewal $125.00 Restaurants&Taverns: Restaurants per RCW 66.24.400 and Taverns per RCW 66.24.330 authorized to sell spirits,beer,and wine or beer and wine only,by the drink for on-premises consumption with less than 50%in dedicated dining areas: New Business,Expansion,or Change of Ownership $525.00 Renewal $50.00 Late Penalty: Failure to pay any registration fee due within thirty(30)days after the day it is due shall result in a penalty of 5%on the amount of the registration fee but not less than$5,and an additional penalty of 5%or$5 whichever is higher for each succeeding month of delinquency or part thereof not to exceed 25%of the registration fee or$25 dollars. Page 5 of 22 Resolution No. 16- Rev 1/15 EXHIBIT A 2016 REVISED FEE SCHEDULE subO TYPE OF FEE Fee SECTION FOUR. CONSTRUCTION PERMITS(CD) PERMIT FEES A.BUILDING The Building,Mechanical,Plumbing,Electrical and Sign Permit fees are calculated by applying Valuation Table A to the value of the work proposed.The value of the work shall be determined by using Building Value Data as published and further updated by the International Building Code or by submission of a written project bid subject to approval by the Building Official. VALUATION TABLE A $1 to$500 $36.00 For each additional$100 or fraction thereof up to and including$2,000 $36, Plus $4.50 For each additional$1,000 or fraction thereof up to and including$25,000 $103.5, Plus $21.75 For each additional$1,000 or fraction thereof up to and including$50,000 $603.75, Plus $15.50 For each additional$1,000 or fraction thereof up to and including$100,000 $991.25, Plus $10.50 For each additional$1,000 or fraction thereof up to and including$500,000 $1,516.25, Plus $8.50 For each additional$1,000 or fraction thereof up to and including$1,000,000 $4,916.25, Plus $7.00 For each additional$1,000 or fraction thereof over$1,000,000 $8,416.25, Plus $5.50 Note:Additional fees will apply to a permit,as noted here: All development permits are charged an automation fee.See Section Four,I for details. All building permits are charged an SBCC surcharge.See Section Four,I for details. Some building permits require plan review.See Section Four,G for details. Some building permits require plumbing fees.See Section Four,D-for details. Some building permits require mechanical fees.See Section Four,C for details. Some building permits require a digitizing fee.See Section Four,I for details. Some building permits require an impact fee.See Section Sixteen for details. Some building permits require zoning review. See Section Eight,B for details. Some building permits require a South King Fire fee.See Section Six for details. B.DEMOLITION Permit Fee is based total project demolition valuation. See Section Four,A,Valuation Table A to calculate fees. C.MECHANICAL General permit fees are based on total installation valuation. See Section Four,A.Valuation Table A to calculate fees. Permit and plan review fees for a New Single-Family Residence is a flat fee of $352.00 D.PLUMBING General permit fees are based on total installation valuation. See Section Four,A.Valuation Table A to calculate fees. Permit and plan review fees for a New Single-Family Residence is a flat fee of $352.00 E.ELECTRICAL Permit fee is based on total installation valuation. See Section Four,A.Valuation Table A to calculate fees Page 6 of 22 Resolution No. 16- Rev 1/15 EXHIBIT A . 2016 REVISED FEE SCHEDULE 2016 TYPE OF FEE Fee SECTION FOUR. CONSTRUCTION PERMITS(CD)(continued) F.SIGN (1)Permanent sign. Permit fee is based on total construction installation valuation. See Section Four,A,Valuation Table A to calculate fee. The total permit feel for electrical signs includes an electrical connection fee,as follows: First sign $60.50 Each additional sign on same application $28.50 The total permit fee'includes a per sign planning surcharge,as follows: First sign $42.50 Each additional sign on same application $17.00 Note 1. Fee is based on actual hourly personnel costs. (2)Temporary sign.Note:temporary signs are by separate permit. Permit fee $42.50 G.PLAN REVIEW FEES The specified plan review fees are separate from and in addition to the permit fees and are collected at application submittal. Building permit: 65%of the building permit fee Mechanical permit: 65%of the mechanical permit fee Plumbing permit: 65%of the plumbing permit fee Sign permit: 65%of the sign permit fee Electrical permit:65%of the electrical permit Commercial building permits ONLY: 15%of permit fee goes to South King Fire&Rescue plan review Additional plan review required by changes/additions/revisions to plans,per hour or portion thereof' $58.50 Outside consultant plan review Actual Costs Note 1. Fee is based on actual hourly personnel costs. Note:Fire prevention system plan review fees are found in Section Six.Fire Code-Annual Permits fee section. H.ADDITIONAL OR SPECIAL INSPECTIONS The following fees are separate from and in addition to the permit fees and are collected in advance of work performed. 1.Reinspection (second and subsequent reinspections)(Hourly Rate) $58.50 2.Inspections for which no fee is specifically indicated(1-hour minimum)(Hourly Rate') $58.50 3.Inspections outside of normal business hours(2-hour minimum)(Hourly Rated $87.00 4.Weekend,holiday,and emergency call-out inspections(4-hour minimum) (Hourly Rate) $87.00 5.Inspections performed by outside consultants Actual Costs Note I. Fee is based on actual hourly personnel costs. Page 7 of 22 Resolution No. 16- Rev 1/15 EXHIBIT A 2016 REVISED FEE SCHEDULE 2016 TYPE OF FEE Fee SECTION FOUR. CONSTRUCTION PERMITS(CD)(continued) I.MISCELLANEOUS PERMIT-RELATED FEES Adult family home facility inspection(3 hour minimum,Hourly Rate') $175.50 Automation(applies to all land use and development permits) $20.00 Digitizing,for single-family plans not submitted in digitized form $39.50 Digitizing,for commercial and multi-family plans not submitted in digitized form $118.50 Over-The-Counter(OTC)permit and review' $58.50 Permits expired up to 360 days past expiration date or past date of last inspections are subject to Building Official's discretion.The renewal fee is one-half the original permit fee. State Building Code Council(SBCC)surcharge $4.50 For each additional multi-family housing unit on the same permit $2.00 Single-family solar panel/sytem permit fee $251.50 Note I. Fee is based on actual hourly personnel costs. J.REFUNDS Permit applications:The Building Official may authorize the refunding of not more than 80%of the permit plan review fees paid, provided the applicant presents a written request to withdraw the application prior to the commencement of staff review. The automation fees are non-refundable.[NOTE: The Building Official does not have purview over another department's or jurisdiction's fees.Please apply for other potential refunds separately,if applicable.' Issued permits:The Building Official may authorize the refunding of not more than 80%of other,non-plan review-related building permit fees paid,provided the applicant presents a written request to cancel the permit prior to the commencement of any construction work covered by the permit and/or prior to the completion of any inspections by City staff.The automation fees are non-refundable.[NOTE:The Building Official does not have purview over another department's or jurisdiction's fees. Please apply for other potential refunds separately,if applicable. . K.PENALTIES Any person who shall commence any work for which a permit is required by this Code without first having obtained a permit may be required to paydouble the permit fee fixed by this section for such work. Such double permit fee shall be in additional to any penalty for a violation of the provisions of this Code. Page 8 of22 Resolution No. 16- Rev 1/15 EXHIBIT A 2016 REVISED FEE SCHEDULE 2016 TYPE OF FEE Fee SECTION FIVE. FALSE ALARMS.(EMS) False Alarm Fee Burglary 1st and 2nd false alarms in a registration year(July 1 -June 30) Free 3rd false alarms in a registration year(July 1 -June 30),each alarm $50.00 4th false alarms in a registration year(July 1 -June 30),each alarm $100.00 5th false alarms in a registration year(July 1 -June 30),each alarm $150.00 6th and successive false alarms in a registration year(July 1 -June 30),each alarm $200.00 Robbery 1st and 2nd false alarms in a registration year(July 1 -June 30) Free 3rd false alarms in a registration year(July 1 -June 30),each alarm $75.00 4th false alarms in a registration year(July 1 -June 30),each alarm $150.00 5th false alarms in a registration year(July 1 -June 30),each alarm $225.00 6th and successive false alarms in a registration year(July 1 -June 30),each alarm $300.00 Registration Fee $25.00 Late Registration Fee Penalty $50.00 Late False Alarm Payment Penalty $25.00 Appeal Hearing Cancellation Fee $10.00 SECTION SIX. FIRE CODE-ANNUAL PERMITS.(FIRE) Fire Department Review and Inspection of Building Permits 15%of Building Permit Fee,min$75.00 Fire Prevention System Permits Permit Fee(based on valuation) Per IBC Section 108.2 Plan Review Fee 65%of FP Permit Fee Note:City retains $20.00 of total fee for processing SECTION SEVEN. FIREWORKS.(FIRE) Public Display Permit(together with$100.00 cash bond) $100.00 Page 9 of 22 Resolution No. 16- Rev 1/15 EXHIBIT A 2016 REVISED FEE SCHEDULE 2016 TYPE OF FEE Fee SECTION EIGHT. LAND USE.(CD) A. PRINCIPAL LAND USE AND SUBDIVISION-RELATED FEES: Boundary Line Adjustment,Plus: $887.00 Fire Review @ 5% $44.50 Public Works Review $481.00 Binding Site Plan,Plus: $1,346.50 Fire Review(a7 5% $65.00 Public Works Review $851.00 Lot Line Elimination $173.50 Plat,Preliminary,Plus: $3,997.00 Per Acre Fee $80.00 Fire Review na 5% $199.50 Public Works Review $3,277.50 Plat,Final,Plus: $1,688.50 Public Works Review $1,238.50 Plat,Short,Plus: $1,340.50 Fire Review na,5% $65.00 Public Works Review $851.00 Pre-Application Meeting $460.50 Process I-Director's Approval for interpretations no charge Process I-Other minor site review,per hour $77.50 Process 2-Site Plan Review[Base Land Use Feel,Plus: $1,088.50 over 25,000 sq.ft $346.00 over 50,000 sq.ft $606.00 over 100,000 sq.ft $867.00 Fire Review @ 5% $55.00 Public Works Review $920.50 Process 3-Project Approval[Base Land Use Fee],Plus: $1,284.00 over 25,000 sq.ft $346.00 over 50,000 sq.ft. $606.00 over 100,000 sq.ft. $865.50 Fire Review na,5% $64.50 Public Works Review $916.00 Process 3-Applications(for radio tower&antenna structures for use by amateur radio operators required by Federal Way City Code,Section 22-1047(3)),Plus: $173.50 Fire Review @ 5% $9.00 Process 3-Administrative Variances $1,971.00 Public Works Review $94.00 Page 10 of 22 Resolution No. 16- Rev 1/15 EXHIBIT A 2016 REVISED FEE SCHEDULE 2016 TYPE OF FEE Fee SECTION EIGHT. LAND USE.(CD)(continued) Process 4-Hearing Examiner's Decision, [Base Land Use Fee],Plus: $2,317.50 Fire Review(A,5% $116.00 Public Works Review $1,250.00 Process 4-Hearing Examiner Variance[Base Land Use Fee],Plus: $3,256.00 Public Works Review $94.00 Process 5-Quasi-Judicial Rezones[Base Land Use Fee],Plus: From one RS designation to another RS designation $779.50 Per Acre $432.50 Maximum $19,050.00 From one RM designation to another RM designation $1,125.50 Per Acre $1,385.50 Maximum $30,134.00 Process 5-Comprehensive Plan Amendments[Base Land Use Fee],Plus: $865.50 Per Acre $86.00 Process 6-Comprehensive Plan Amendments,Plus: $865.50 Per Acre $86.00 Public Notice Fee(for each required published notice) $145.50 SEPA City Center Planned Action,Plus: $148.00 Fire Review Fee 5 5%a, /o $7.00 Public Works Review $148.00 SEPA Environmental Checklist Only,Plus: $1,048.00 Fire Review Fee A 5% $50.00 Public Works Review $509.50 SEPA Checklist as Part of Project,Plus: $524.50 Fire Review Fee na,5% $25.00 Public Works Review $254.00 Shoreline Permit,[Base Land Use Fee],Plus: $1,545.00 over$15,000 value $693.50 over$50,000 value $2,078.50 over$100,000 value $3,810.00 over$500,000 value $7,620.50 over$1,000,000 value $11,429.00 Public Works li o s Review $913.50 Page 11 of22 Resolution No. 16- Rev 1/15 EXHIBIT A 2016 REVISED FEE SCHEDULE 2016 TN PE OF FEE Fee SECTION EIGHT. LAND USE.(CD)(continued) Shoreline Conditional Use Permit,Plus: $3,670.50 Public Works Review $2,216.50 Shoreline(Exemption Determination) $86.00 Shoreline Variance,Plus: $2,647.50 Public Works Review $1,248.50 Zoning Compliance Review—C-O-U $148.50 B. MISCELLANEOUS LAND USE FEES: Accessory Dwelling Units $173.50 Appeals $121.00 Appeal of Administrative Decision $183.50 Appeal of Hearing Examiner Decision $173.50 Appeal of Notice of Violation $502.50 Appeal of SEPA Determination $121.00 Automation fee(Applies to all Land Use and Development permits) $20.00 In-Home Day Care Facilities: 12 or fewer attendees $51.50 Miscellaneous Zoning/Subdivision Fees Extension requests and general zoning/subdivision review not otherwise covered by this schedule4(1-hour minimum) $77.50/hr Zoning inquiries and determinations $100.50 Notes: 1.Appeal Fee shall be reimbursed in the event the reviewing authority determines that the appellant has substantially prevailed in the appeal action. 2.The fire district administrative review fee in an amount equal to 5%of the land use fee imposed is charged and collected by the City and paid to the fire district. 3.Additional fees will be required to pay for any time spent on Land Use Applications by the Department of Public Works above the number of hours covered by the base amount allocated to Public Works for each application. 4. Fee is based on estimated hourly staff costs. C. REFUNDS OF LAND USE FEES. The Filing Fees as set forth in the Fee Schedule for the City are established to defray the cost of posting and processing and the proceedings in connection with a land use application. The Director of Community Development may authorize the refunding of not more than 80%of the total application fees paid provided the applicant presents a written request to withdraw or cancel the application. The refund amount shall be determined at the Director's discretion and be based on the amount of staff resources utilized at the time of the request. D. MULTIPLE FEES • When multiple land use fees are required for the same project,the highest fee shall be charged at full cost and each additional fee shall be charged at 25%of listed cost.Exceptions: 1)If a land use permit is required in conjunction with a subdivision application(preliminary plat, short subdivision or binding site plan),full fees for both types of permit shall be charged.2)SEPA fees shall be charged at the full rate shown. Page 12 of 22 Resolution No. 16- Rev 1/15 EXHIBIT A 2016 REVISED FEE SCHEDULE 2016 TYPE OF FEE Fee SECTION NINE. MISCELLANEOUS.(MAYOR) Miscellaneous Review,Inspection or other Activity(Land Use,Public Works&Building Permit Services): Any public works,land use or building permit-related review,inspection or other activity not covered by the fee schedule,if performed by a City employee,is based on actual hourly cost,plus benefits of 30%,plus overhead of 25%,plus a$15/hr computer usage fee.Any private or public professional services contract needed will be billed 100%,plus 10%billing and administrative charges. Maps,Plats,Miscellaneous Cost+ 10% Photocopies,Black and White Per Page $0.15 Photocopies,Color Per Page $0.25 Scanning Per Page $0.15 D Size Rolled Plan Copies,Per Sheet $5.00 E Size Rolled Plan Copies,Per Sheet $7.00 Audio Duplication,Per CD $10.00 Video Duplication,Per DVD $25.00 Clerk's Certification $5.00 Facsimile Usage(incoming/outgoing) 1st Page $3.00 each additional page $1.00 Bound Printed Documents Actual Cost Non-sufficient Funds Fee $25.00 GIS Map and Data Requests*: 8 1/2 by 11 -Paper-Color $4.00 8 1/2 by 11 -Paper-Black&White $3.00 8 1/2 by 11 -Mylar-Color $5.00 8 1/2 by 11 -Mylar-Black&White $4.00 11 by 17-Paper-Color $5.00 11 by 17-Paper-Black&White $4.00 11 by 17-Mylar-Color $6.00 11 by 17-Mylar-Black&White $5.00 Up to 34 by 44-Paper-Color $10.00 Up to 34 by 44-Paper-Black&White $7.00 Up to 34 by 44-Mylar-Color $37.00 Up to 34 by 44-Mylar-Black&White $31.00 31/2 Floppy Disk or CD ROM(per disk/CD) $1.50 * Maps that require extensive processing time or require additional ink and plotting supplies will be charged at a higher rate. Applicable sales tax will be added to the costs Staff Time to Complete Request,Per Hour $35.00 Computer Usage,Per Hour $15.00 Note:Staff time and computer usage will only be charged on requests for custom products. Page 13 of 22 Resolution No. 16- Rev 1/15 EXHIBIT A 2016 REVISED FEE SCHEDULE 2016 TYPE OF FEE Fee SECTION TEN. PARK AND CITY FACILITY USE FEES.(PARKS) Steel Lake Picnic Rentals&Special Events Picnic Rentals Friday-Sunday Reservations are from 10:00 am-3 pm-or 4:00pm-9:00pm #1 Steel Lake Park Covered Area-Tables 12/Capacity 120/BBQ 2 Season Rate $120.00 Additional Hour $30.00 #2 Steel Lake Park-Tables 8/Capacity 80/BBQ 2 Season Rate $75.00 Additional Hour $20.00 #3 Steel Lake Park-Tables 8/Capacity 80/BBQ 2 Season Rate $75.00 Additional Hour $20.00 #4 Steel Lake Park-Tables 8/Capacity 80/BBQ 1 Season Rate $75.00 Additional Hour $20.00 #5 Steel Lake Park-Tables 12/Capacity 120/BBQ 1/small ballpark Season Rate $75.00 Additional Hour $30.00 Monday-Thursday Reservations are from 10:00 am-3 pm-or 4:00pm-9:00pm #1 Steel Lake Park Covered Area-Tables 12/Capacity 120/BBQ 2 Season Rate $100.00 Additional Hour $25.00 #2 Steel Lake Park-Tables 8/Capacity 80/BBQ 2 Season Rate $60.00 Additional Hour $15.00 #3 Steel Lake Park-Tables 8/Capacity 80/BBQ 2 Season Rate $60.00 Additional Hour $15.00 #4 Steel Lake Park-Tables 8/Capacity 80/BBQ 1 Season Rate $60.00 Additional Hour $15.00 #5 Steel Lake Park-Tables 12/Capacity 120/BBQ 1/small ballpark Season Rate $60.00 Additional Hour $15.00 *Note:Groups over 120 require a Special Events Permits and subject to a different fee schedule and requirements. Page 14 of22 Resolution No. 16- Rev 1/15 EXHIBIT A 2016 REVISED FEE SCHEDULE 2016 TYPE OF FEE Fee SECTION TEN. PARK AND CITY FACILITY USE FEES.(PARKS) Special Events For Residents Group Size: 50 or less Season Permit $50.00 Off-Season Permit $38.00 51-150 Season Permit $100.00 Off-Season Permit $75.00 151-250 Season Permit $150.00 Off-Season Permit $113.00 *Season rates applies May-Oct and Off-season rate applies Nov-April For Non-Residents ALL year round Group Size: 50 or less Permit $75.00 51-150 Permit $150.00 For Non-Residents ALL year round-continued Group Size: 151-250 Permit $225.00 Damage Deposit Group Size: 1-250 $100.00 251-500 $200.00 501-800 $300.00 800-1000 $400.00 Refundable if no damage on-site Additional charges on ALL permits/reservations: City-supplied additional tables/$10 ea City-supplied additional trash cans/$5 ea Electricity(if on-site)/$20 for 4 hours or$50 for day(10 hr max) City Hall Room Rentals Council Chambers(per hour) $60.00 Non-Council Chamber Meeting Rooms(per hour) $30.00 Page 15 of22 Resolution No. 16- Rev 1/15 EXHIBIT A 2016 REVISED FEE SCHEDULE 2016 TYPE OF FEE Fee SECTION ELEVEN.PAWNBROKER.(FI) Pawnbroker License $325.00 Secondhand Dealer License $50.00 Late Penalty: A late penalty shall be charged on all applications for renewal of a license received later than seven(7)days after the expiration date(being December 31 of each year)of such license. The amount of penalty is calculated as a percentage of the license: Late Penalty:-Continued 8-30 days past due 25% 31 -60 days past due 50% 61 and over days past due 100% SECTION TWELVE. PUBLIC DANCE AND DANCE HALL.(FI) Annual Fee $175.00 Annual fee after July 1 $100.00 Per Event or Limited Permit,per day $50.00 Renewal late charge fee $75.00 Processing fee for applications received less than 30 days from the event $75.00 Litter control security deposit-cash or bond $1,000.00 Appeal fee $75.00 Page 16 of 22 Resolution No. 16- Rev 1/15 EXHIBIT A 2016 REVISED FEE SCHEDULE 2016 TYPE OF FEE Fee SECTION THIRTEEN.PUBLIC WORKS.(PW) A. Building Moving and Oversize/Overweight vehicle Permit. I. Building moving through City $140.00 2. Building moving into or within City $140.00 Pre-move inspection,the higher of actual cost or $204.00 3. Oversize/overweight vehicle permit $140.00 B. Street and/or Easement Vacation Application 1-300 lineal feet $837.50 every100 lineal feet thereafter,per 100 LF $140.00 C. Right-of-Way Use Permit, includes 1 inspection 1.Individual single family homeowner applications $273.25 2.All other applications S367.00 3.Supplement plan review fee for any and all permits,per hour $93.75 4.Supplement construction inspection for any and all permits,per hour $85.75 5. Inspection outside of normal business hours(at standard Inspection rate times 1.5) $128.63 6.Weekend,holiday,and emergency call out inspection(4 hours minimum) 7.Re-inspection $128.63 8.Job start penalty fee $120.50 D. Right-of-Way Code Variance Request,plus recording fee* $140.00 E. Development Review Fee. I. Single Family $93.75 2. Short Subdivisions Construction Plans(Up to 8 hours of review time) $750.00 a.Supplemental plan review/construction service fee,per hour $93.75 b.Construction Inspection Fee,per hour $85.75 3. Subdivisions and Commercial/Industrial Developments $1,125.00 Construction Plans(up to 12 hours of review time) a.Supplemental plan review/construction service fee,per hour $93.75 b.Construction Inspection Fee,per hour $85.75 F. Concurrency Trips generated: -If less than 10 trips(12 hours) $822.00 -If between 10 and 50 trips(12 hours) $2,055.00 -If between 50 and 500 trips(63 hours) $4,315.50 -If greater than 500 trips(101 hours) $6,918.50 G. Miscellaneous Public Works Permits and Services(Same fee structure under Section Nine/Miscellaneous Fees) *Recording Fee per chapter 36.198.010 RCW and as amended and K.C.Code 1.12.120 and as amended SECTION FOURTEEN. RIGHT-OF-WAY ACTIVITY.(FI) Right of Way Activity Permit Fee $42.50 Page 17 of 22 Resolution Aro. 16- Rev 1/15 EXHIBIT A 2016 REVISED FEE SCHEDULE 2016 TYPE OF FEE Fee SECTION FIFTEEN.TAXICABS. Pursuant to King County Fee Schedule SECTION SIXTEEN.PUBLIC BATHHOUSE BUSINESSES.(FL) PUBLIC BATHHOUSE BUSINESSES: 1. Public Bathhouse Business(in addition to business license) $75.00 2. Bathhouse Attendant $75.00 3. Bathhouse Manager $75.00 4. Late Penalty: A late penalty shall be charged on all applications for renewal of a license received later than seven(7)days after the expiration date(being December 31 of each year)of such license. The amount of penalty is calculated as a percentage of the license: 8-30 days past due 25% 31 -60 days past due 50% 61 and over days past due 100% Proration:The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30 the license fee for the remainder of that year shall be one-half of the annual license fee.Annual license renewals shall be required to be obtained and paid in full by January 31 of each respective year. Page 18 of 22 Resolution No. 16- Rev 1/15 EXHIBIT A 2016 REVISED FEE SCHEDULE 2016 TYPE OF FEE Fee SECTION SEVENTEEN.IMPACT MITIGATION. School Impact Fee(FWPS RESOLUTION#2016-02): Single-Family Residences,per dwelling unit $2,899.00 Plus City Administrative Fee @ 5% $144.95 Multi-Family Residences,per dwelling unit _ 3.00 Plus City Administrative Fee na,5% ',463.65 ***Ordinance No.14-757 provides 50%reduced fee within City Center Zone.*** Traffic Impact Fee(PW): Land Use A. Residential Single Family(Detached)per dwelling $3,718.23 Multi-Family per dwelling $2,412.31 Senior Housing per dwelling $912.83 Mobile Home in MH Park per dwelling $1,737.25 B. Commerical-Services Drive-in Bank per sf/GFA $24.45 Hotel per room $2,482.81 Motel per room $1,977.40 Day Care Center per sf/GFA $19.65 Library per sf/GFA $9.79 Post Office per sf/GFA $14.91 Service Station per VFP $9,920.47 Service Station with Minimart per sf/GFA $52.08 Auto Care Center per sf/GLA $5.47 Movie Theater per seat $143.38 Health Club per sf/GFA $8.64 C. Commercial-Institutional Elementary School per sf/GFA $1.73 Middle/Jr High School per sf/GFA $2.70 High School per sf/GFA $3.02 Assisted Living,Nursing Home per bed $647.58 Church per sf/GFA $2.14 Hospital per sf/GFA $3.84 D. Commercial-Restaurant Restaurant per sf/GFA $16.07 High Turnover Restaurant per sf/GFA $16.19 Fast Food Restaurant per sf/GFA $35.59 Espresso with Drive-Through per sf/GFA $31.55 Page 19 of22 Resolution No. 16- Rev 1/15 EXHIBIT A 2016 REVISED FEE SCHEDULE 2016 TYPE OF FF,F, Fee SECTION SEVENTEEN. IMPACT MITIGATION.(continued) E. Commercial-Retail Shopping .......__. Shopping Center per sf/GLA $5.99 Supermarket per sf/GFA $17.40 Convenience Market per sf/GFA $32.25 Free Standing Discount Store per sf/GFA $7.22 Hardware/Paint Store per sf/GFA $3.46 Specialty Retail Center per sf/GFA $2.43 Furniture Store per sf/GFA $0.48 Home Improvement Superstore per sf/GFA $3.67 Pharmacy with Drive-Through per sf/GFA $9.25 Car Sales-New/Used per sf/GFA $8.72 F. Commercial-Office General Office per sf/GFA $5.64 Medical Office per sf/GFA $10.92 G. Industrial Light Industry/Manufacturing per sf/GFA $4.09 Heavy Industry per sf/GFA $2.86 Industrial Park per sf/GFA $3.62 Mini-Warehouse/Storage per sf/GFA $1.10 Warehousing per sf/GFA $1.35 City Center Impact Fee Rates A. Residential Multi-Family(CC)per dwelling $1,737.25 Senior Housing(CC)per dwelling $657.14 B. Commercial-Services Drive-in Bank(CC)per sf/GFA $17.11 Day Care Center(CC)per sf/GFA $13.76 Library(CC)per sf/GFA $6.85 Post Office(CC)per sf/GFA $10.44 Movie Theater(CC)per seat $100.36 Health Club(CC)per sf/GFA $6.05 C. Commercial-Restaurant Restaurant(CC)per sf/GFA $11.26 High Turnover Restaurant(CC)per sf/GFA $11.34 Fast Food Restaurant(CC)per sf/GFA $24.91 Page 20 of 22 Resolution No. 16- Rev 1/15 EXHIBIT A 2016 REVISED FEE SCHEDULE 2016 TYPE OF FEE Fee SECTION SEVENTEEN.IMPACT MITIGATION. (FWPS RESOLUTION#2015-10)(continued) D. Commercial-Retail Shopping Shopping Center(CC)per sf/GLA $4.19 Supermarket(CC)per sf/GFA $12.18 Pharmacy with Drive-Through(CC)per sf/GFA $6.48 E. Commercial-Office General Office(CC)per sf/GFA $3.38 Medical Office(CC)per sf/GFA $6.55 GFA=Gross Floor Area GLA=Gross Leasable Area • CC=City Center For uses with Unit of Measure in sF,trip rate is given as trips per 1,000 sF VFP=Vehicle Fueling Positions(Maximum number of vehicles that can be fueled simultaneously) Note: City Administrative fee of 3%will be added to the total Traffic Impact Fees charged. SECTION EIGHTEEN.PUBLIC SAFETY.(PD) Photocopies, Black u... Page Photocopies,Color Per l'agc Scanning Per Page Photograph Duplication(from film) $2 per photo/$10 Video Duplication,Per DVD $25.00 Digital Image Duplication,Per CD $10.00 Fingerprint Card $10 1st/$3 ea Concealed Pistol License Fees may change pursuant to State of Washington Firearms fee schedule Concealed Pistol License-New $52.50 Concealed Pistol License -Renewal $32.00 Concealed Pistol License-Duplicate/Reissuance $10.00 Lamination $5.00 Concealed Pistol License Late Fee(if applicable) $10.00 Traffic School(including Police and Court costs) $175.00 Page 21 of 22 Resolution No. 16- Rev 1/15 FEDERAL WAY PUBLIC SCHOOLS School District No. 210 - King County 33330 - 8th Avenue South Federal Way, WA 98003 RESOLUTION NO. 2016-02 A RESOLUTION of the Board of Education of the Federal Way School District No. 210, to adopt the Restated 2016 Capital Facilities Plan for the City of Federal Way. WHEREAS, the Plan documents present and future facility requirements of the District, and WHEREAS, the Plan contains all elements required by the Growth Management Act and King County Code 21A which addresses concurrency, allows each school district to establish their own standards of service, and provides for future school impact fees. NOW, THEREFORE BE IT RESOLVED that the Board of Education of the Federal Way School District No. 210, King County, Washington, adopts the Restated 2016 Capital Facilities Plan. ADOPTED this 12th day of January, 2016. i A /f " l s ‘1", r_ 11.0 • t EST 4111' I - • Federal Way Public Schools • • Finance & Operations Office M To: Dr. Tammy Campbell From: Sally D. McLean Date: January 4, 2016 Re: Restated 2016 Capital Facilities Plan—City of Federal Way Amendment Due to the extraordinary changes in student generation rates between the King County composite rate and the District's actual student generation rates, I am requesting the Board of Directors adopt the Restated 2016 Capital Facilities Plan on January 12, 2016. It is this document that establishes the school impact fees for the calendar year. Once adopted by the Board, it will be immediately forwarded to the City of Federal Way for adoption by the City Council. In summary, the King County composite student generation rates for multi-family housing was .0990 for elementary, .0320 for middle school, and .0310 for high school. At the time the 2016 Plan was prepared, we were legally required to use this composite rate, as no new multi-family housing had been constructed and fully occupied during the required 5 year horizon. Based on our actual student generate rates this fall, our new factors are .3204 for elementary, .1647 for middle school, and .1257 for high school. This changes the multi-family school impact fee from $506 to $9,273 within the City of Federal Way. For multi-family units within the City's frame and core, this fee is discounted an additional 50%. As a reminder the intent of school impact fees is to help offset the impact of providing instructional space for new students. Typically these fees are used to purchase new portables or modular buildings. The District worked with legal counsel (in this case with Denise Stiffarm of Pacifica Law Group) to prepare these modifications. A detailed synopsis of the changes from the July adopted plan to this plan can be found on the next page of this memo. The Capital Facilitites Plan has historically been adopted via of resolution. The Resolution No. 2016 —02 is included for Board action on January 12, 2016. Thank you for your consideration. Federal Way Public Schools — All Means All 33330 86 Avenue South, Federal Way, WA 98003 1 p.253.945.2042 1 f.253.94 1.04421 www.fwps.org WY 41' Federal Way Public Schools • � cf • Finance & Operations Office The changes in the introductory section (in italics) best describe the reason for this amendment: In response to the requirements of the State of Washington Growth Management Act(SHB) 2929 (1990) and ESHB 1025 (1991)), and under the School Impact Fee Ordinances of King County Code 21A, City of Federal Way Ordinance No. 95-249 effective December 21, 1995 as amended, City of Kent Ordinance No.3260 effective March 1996, and the City of Auburn Ordinance No. 5078 effective 1998, Federal Way Public Schools has updated its 2016 Capital Facilities Plan as of May 2015. This 2016 Capital Facilities Plan as Restated for the City of Federal Way (the "Restated 2016 Capital Facilities Plan') is prepared for adoption by the City of Federal Way. The 2016 Capital Facilities Plan was adopted recently by King County,the City of Kent, City of Federal Way and the City of Auburn and is incorporated in the Comprehensive Plans of each jurisdiction by reference. To date, the City of Des Moines has not adopted a school impact fee ordinance. The City of Des Moines collects school mitigation fees as part of the SEPA process. This Restated 2016 Capital Facilities Plan is the same substantively as the 2016 Capital Facilities Plan with one exception; it is restated only for the City of Federal Way to consider the multi family student generation factor as it relates to the school impact fees collected by the City of Federal Way. The Restated 2016 Capital Facilities Plan is otherwise identical to the 2016 Capital Facilities Plan and does not affect the validity of the 2016 Capital Facilities Plan as adopted by the other jurisdictions. The CFP as currently adopted will stay the same except for additions as follows: a. Modifying page 27 to recognize, under"Student Generation Factor Analysis,"that the District is uses actual generation factors from MF units constructed in the District for purposes of the fee calculation recommended for the City of Federal Way. b. Modifying the table on Page 28 to add a line for City of Federal Way MF fee --- and adding a footnote to explain that the $506 figure applies in the other jurisdictions. c. Adding a table to page 29 to show the MF data that you have from the MF units constructed in the District in the last five years. d. Adding a page 31 to show the impact fee calculations applicable to the City of Federal Way. e. Adding data to page 34 to identify the MF student generation rates from the MF units constructed in the District in the last five years, and then also modifying the note under "Updated County-Wide Average"to explain how that data is used. f. Adding the proposed City of Federal Way MFR to the bottom of page 34. Federal Way Public Schools — All Means All 33330 8th Avenue South, Federal Way, WA 98003 I p.253.945.2042 I f.253.941.04421 www.fwps.org FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN as Restated for the City of Federal Way r "'''''' ' r1-71—"21P5,--,----- ., ,...- .-. -.. ,.---,,-, ..----',.•,...., -, !-..:' '1.4P, I lir, € r,„,:- , . .J., ,,, ,40.1■1 • *----t,.: ` i ;, .,4, • * •37 I; . tt, . , 1, , :, , t„,,, , ., '-e4'' ''--4 , pr 1p r --;°■-t '' t 4 ,ti. .1_,..., 7--- -ii ! 1 . --le-1 ___I .. f -' ' • , ...it.;:.:• t 1 -k■7,, , -4,i't 1..i ),,,,, epti;;;- ; : ' . Ir"7..... •iii.'';:,:.: - —‘,1•,:.:1 - , ,1 "kr, ••It;;.Ktt 1 ' ! 1 _,..., .-:-. , •: 1 ,-- r;t'4'4 ■'''''l It ! - ; ir ".17, '1 • . 41.":"'i,c. 7it t . , ---4.4_ I 1 " 1.__. _I 1 i -- 1_,. . _ r, „...., , , 43_ 4„ ,• :fm. .):•. - 7 — „ , , , at ..• . I { , I t, .., • 1 , - --1 , *,,, 1`.- , s '-,,, Fr -'”- . . f ''' ' tL 1 .1 ■t' A ,, -41•-' --- ■ , 1 ' —,-.. 11T, . 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I* -- II .0"'" 16 .0"" 16 -4,4*'' * ,0'''''' * ,0" ob 0*- It ."'" * .0'' * ''' * • #"'' FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN As Restated for the City of Federal Way Adopted January 12, 2016 BOARD OF EDUCATION Geoffery McAnalloy Claire Wilson Liz Drake Carol Gregory Hiroshi Eto SUPERINTENDENT Dr. Tammy Campbell Prepared by: Tanya Nascimento FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY TABLE OF CONTENTS TABLE OF CONTENTS 1 INTRODUCTION 2-3 SECTION 1 THE CAPITAL FACILITIES PLAN Introduction 4 Inventory of Educational Facilities 5 Inventory of Non-Instructional Facilities 6 Needs Forecast-Existing Facilities 7 Needs Forecast-New Facilities 8 Six Year Finance Plan 9 SECTION 2 MAPS OF DISTRICT BOUNDARIES Introduction 10 Map -Elementary Boundaries 11 Map-Middle School Boundaries 12 Map- High School Boundaries 13 SECTION 3 SUPPORT DOCUMENTATION Introduction 14 Building Capacities 15-16 Portable Locations 17-18 Student Forecast 19-21 Capacity Summaries 22-26 King County Impact Fee Calculations 27-31 SECTION 4 SUMMARY OF CHANGES FROM THE 2015 32-34 PLAN 1 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY INTRODUCTION In response to the requirements of the State of Washington Growth Management Act (SHB)2929 (1990) and ESHB 1025 (1991)), and under the School Impact Fee Ordinances of King County Code 21A, City of Federal Way Ordinance No. 95-249 effective December 21, 1995 as amended, City of Kent Ordinance No.3260 effective March 1996, and the City of Auburn Ordinance No. 5078 effective 1998, Federal Way Public Schools has updated its 2016 Capital Facilities Plan as of May 2015. This 2016 Capital Facilities Plan as Restated for the City of Federal Way (the"Restated 2016 Capital Facilities Plan") is prepared for adoption by the City of Federal Way The 2016 Capital Facilities Plan was adopted recently by King County, the City of Kent, City of Federal Way and the City of Auburn and is incorporated in the Comprehensive Plans of each jurisdiction by reference. To date,the City of Des Moines has not adopted a school impact fee ordinance. The City of Des Moines collects school mitigation fees as part of the SEPA process. This Restated 2016 Capital Facilities Plan is the same substantively as the 2016 Capital Facilities Plan with one exception; it is restated only for the City of Federal Way to consider the multi-family student generation factor as it relates to the school impact fees collected by the City of Federal Way. As more fully explained on pages 27 and 29 herein, following adoption of the 2016 Capital Facilities Plan, the District became aware that recently constructed and occupied multi-family units located in the City of Federal Way include student generation significantly in excess of the King County composite student generation factor used by the District for purposes of the multi- family school impact fee calculation in the 2016 Capital Facilities Plan. The City of Federal Way anticipates additional multi-family projects in 2016. With these extraordinary circumstances,the District believes that the District-specific student generation factor used in this Restated 2016 Capital Facilities Plan is needed to adequately reflect the impacts of new multi-family development within the City of Federal Way. The Restated 2016 Capital Facilities Plan is otherwise identical to the 2016 Capital Facilities Plan and does not affect the validity of the 2016 Capital Facilities Plan as adopted by the other jurisdictions. The Growth Management Act requires the County to designate Urban Growth areas within which urban growth can be encouraged. The Growth Management Planning Council adopted and recommended to the King County Council four Urban Growth Area Line Maps with designations for urban centers. A designation was made within the Federal Way planning area, which encompasses Federal Way Public Schools boundaries. King County will encourage and actively support the development of Urban Centers to meet the region's need for housing,jobs, services, culture, and recreation. This Plan's estimated population growth is prepared with this underlying assumption. This Capital Facilities Plan will be used as documentation for any jurisdiction, which requires its use to meet the needs of the Growth Management Act. This plan is not intended to be the sole planning tool for all of the District needs. The District may prepare interim plans consistent with Board policies or management need. Currently, construction is underway to replace Federal Way High School and to increase capacity by approximately 200 students. Federal Way High School was built in 1938. The estimated cost to rebuild Federal Way High School is $106 million. The District began Phase I in Summer 2014. Phase I consists of site work and preparation for the 2 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY portable village that will house students during the construction of the new building. Phase II, demolition of the existing classrooms and rebuild, began in January 2015. The existing cafeteria, gymnasium, and kitchen will continue to be in use during construction. Construction of the new building will continue throughout the 2015-16 school year and should be available for use beginning in the 2016-17 school year. The District continues to monitor factors that may have an impact on enrollment and capacity at our schools. SHB 2776 will continue to phase in full-day kindergarten for all students and decrease K-3 class size from 20 to 17. This is proposed to be fully funded by 2017-18. Another factor is the passing of Initiative Measure 1351. This measure reduces class sizes at High Poverty schools from 17, under SHB2776,to 15 for K-3 students, from 27, under the current funding formula, to 22 for grade 4, and from 27 to 23 for grades 5-8. For the 2015-16 school year, 19 out of 21 elementary schools and both K- 8 schools are designated as High Poverty. The implementation of SHB 2776 and the passing of Initiative Measure 1351 have created a need for 150 additional classrooms at our elementary and K-8 schools by the 2017-18 school year. This is the equivalent of 5 and a half elementary schools. In addition, Initiative Measure 1351 calls for class size reductions at our middle and high schools also. We will also continue to study school boundaries as new housing and fluctuating populations impact specific schools. Some shifts in boundaries may be required in the coming years. The maps included in this Plan reflect our current boundaries. 3 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY SECTION 1 -THE CAPITAL FACILITIES PLAN The State Growth Management Act requires that several pieces of information be gathered to determine the facilities available and needed to meet the needs of a growing community. This section provides information about current facilities, existing facility needs, and expected future facility requirements for Federal Way Public Schools.A Financial Plan that shows expected funding for any new construction, portables and modernization listed follows this. 4 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY INVENTORY OF EDUCATIONAL FACILITIES ELEMENTARY SCHOOLS(K-5) Adelaide 1635 SW 304th St Federal Way 98023 Brigadoon 3601 SW 336th St Federal Way 98023 Camelot 4041 S 298th St Auburn 98001 Enterprise 35101 5th Ave SW Federal Way 98023 Green Gables 32607 47th Ave SW Federal Way 98023 Lake Dolloff 4200 S 308th St Auburn 98001 Lake Grove 303 SW 308th St Federal Way 98023 Lakeland 35827 32nd Ave S Auburn 98001 Mark Twain 2450 S Star Lake Rd Federal Way 98003 Meredith Hill 5830 S 300th St Auburn 98001 Mirror Lake 625 S 314th St Federal Way 98003 Nautilus(K-8) 1000 S 289th St Federal Way 98003 Olympic View 2626 SW 327th St Federal Way 98023 Panther Lake 34424 1st Ave S Federal Way 98003 Rainier View 3015 S 368th St Federal Way 98003 Sherwood Forest 34600 12th Ave SW Federal Way 98023 Silver Lake 1310 SW 325th P1 Federal Way 98023 Star Lake 4014 S 270th St Kent 98032 Sunnycrest 24629 42nd Ave S Kent 98032 Twin Lakes 4400 SW 320th St Federal Way 98023 Valhalla 27847 42nd Ave S Auburn 98001 Wildwood 2405 S 300th St Federal Way 98003 Woodmont(K-8) 26454 16th Ave S Des Moines 98198 MIDDLE SCHOOLS(6-8) Federal Way Public Academy(6-10) 34620 9th Ave S Federal Way 98003 Illahee 36001 1st Ave S Federal Way 98003 Kilo 4400 S 308th St Auburn 98001 Lakota 1415 SW 314th St Federal Way 98023 Sacajawea 1101 S Dash Point Rd Federal Way 98003 Saghalie 33914 19th Ave SW Federal Way 98023 Sequoyah 3450 S 360th ST Auburn 98001 Totem 26630 40th Ave S Kent 98032 TAF Academy(6-12) 26630 40th Ave S Kent 98032 HIGH SCHOOLS(9-12) Decatur 2800 SW 320th St Federal Way 98023 Federal Way 30611 16th Ave S Federal Way 98003 Thomas Jefferson 4248 S 288th St Auburn 98001 Todd Beamer 35999 16th Ave S Federal Way 98003 Career Academy at Truman 31455 28th Ave S Federal Way 98003 ADDITIONAL SCHOOLS Internet Academy(K-12) 31455 28th Ave S Federal Way 98003 Merit School (6-12) 36001 Ist Ave S Federal Way 98003 Employment Transition Program(12+) 33250 21'Ave SW Federal Way 98023 Federal Way Acceleration Academy 2104 S 314th St, Ste 2104 Federal Way 98003 5 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY CURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES Developed Property Central Kitchen 1214 S 332"d Federal Way 98003 Federal Way Memorial Field 1300 S 308th St Federal Way 98003 Educational Services Center 33330 8th Ave S Federal Way 98003 Support Services Center 1211 S 332nd St Federal Way 98003 Surplussed Space Undeveloped Property Site Location 75 SW 360th Street& 3rd Avenue SW—9.2 Acres 65 S 351st Street& 52nd Avenue S—8.8 Acres 60 E of 10th Avenue SW - SW 334th & SW 335th Streets - 10.04 Acres 73 N of SW 320th and east of 45th PL SW—23.45 Acres 71 S 344th Street&46th Avenue S - 17.47 Acres 82 1St Way S and S 342"d St—Minimal acreage 96 S 308th St and 14th Ave S—.36 Acres Notes: Not all undeveloped properties are large enough to meet school construction requirements. Properties may be traded or sold depending on what locations are needed to house students in the District. 6 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY NEEDS FORECAST-EXISTING FACILITIES EXISTING FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF FUNDS Purchase and Relocate Interim Capacity Anticipated source of funds is Portables Impact Fees. Federal Way High School Replace Existing Building, Capital levy request Increase Capacity As part of the multi-phase plan,the District intends to increase capacity for high school students with expansion at the Federal Way High School site. Increased capacity at Federal Way High and Decatur High in later phases, supplant the need for construction of a fifth comprehensive high school. 7 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY NEEDS FORECAST-ADDITIONAL FACILITIES NEW FACILITY I LOCATION I ANTICIPATED SOURCE OF FUNDS No current plans for additional facilities. 8 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY Six Year Finance Plan Secured Funding Sources Impact Fees(1) ($179,132) Land Sale Funds(2) ($4,648,403) Bond or Levy Funds(3) $13,599,421_ State Match(4) $13,097,850 TOTAL $21,869,736 Projected Revenue Sources State Match(5) $34,000,000 Bond or Levy Funds(6) $56,000,000 Land Fund Sales(7) $0 Impact Fees(8) $2,800,000 TOTAL $92,800,000. Actual and Planned Expenditures TTotal Secured Fronting and Projected Revenue 1$114,669,736 NEW SCHOOLS Estimated and r Budget 2017 2018 2019 2020 2021 2022 Total Total Cost Prior Years 2 015-1 6 2016-17 2017-18 2018-19 2 019-2 0 2020-21 2021-22 2016-2022 MODERNIZATION AND EXPANSION Federal Way High School(9) 927,000,000 $46,000,000 $23,000,000 $4,000,000 86,000,000 $79,000,000 5106,000,000 SITEACQUISITION Norman Center $990,000 $215,000 $220,000 $225,000 $235,000 $235,000 $1,130,000 $2,120,000 (Employment Transtion Program)(10) TEMPORARY FACILITIES Portables(II) $1,600,000 $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 $2,800,000 82,800,000 TOTAL $27,990,000 $47,815,000 $23,420,000 $4,425,000 $6,435,000` $435,000 $200,000 $200,000 $82,930,000 $110,920,000 NOTES: I. These fees are currently being held in a King County,City of Federal Way and City of Kent impact fee account,and will he available for use by the District for system improvements. This is year end balance on 12/31/14. 2.This is year end balance on 12/31/14. 3. This is the 12/31/14 balance of bond funds and capital levy funds.This figure includes interest earnings. 4. This represents the balance of State Match Funds which will be used to to support the rebuilding of Federal Way High School. This is the balance on 12/31/14. 5.This is anticipated State Match for the rebuilding of Federal Way High School. Application for funds was made in July 2013. 6.These include$10m of voter approved,but not issued and a$46m of the$60m six-year levy approved in November 2012. 7.Projected sale of surplus properties. 8.These are projected fees based upon known residential developments in the District over the next six years.This filyre assumes$1.3m for the three new multi-family complexes being built in 2015 and$25,000 per month for the next five years. 9.Project budget has been adjusted to match current project cost estimates. 10.Norman Center was purchased in 2010 to house the Employment Transition Program. The$2.1m purchase has been financed through a state approved LOCAL program through 2020. 11.These fees represent the cost of purchasing and installing new portables. The portable expenditure in future years may replace existing portables that arc not functional. These may not increase capacity and are not included in the capacity summary. 9 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY SECTION 2 - MAPS OF DISTRICT BOUNDARIES Federal Way Public Schools has twenty-one elementary schools(grades K-5),two schools with a K-8 grade configuration, seven middle school schools (grades 6-8), four high schools (grades 9-12) and three small secondary schools. The Federal Way Public Academy serves students in grades 6-10. The TAF Academy serves students in grades 6- 12 who reside in the Totem Middle School service area.The programs at Career Academy at Truman High School serves students in grades 9-12. The following maps show the service area boundaries for each school, by school type. (Career Academy at Truman High School and Federal Way Public Academy serve students from throughout the District). The identified boundaries are reviewed annually. Any change in grade configuration or adoption of programs that affect school populations may necessitate a change in school service areas. The Growth Management Act requires that a jurisdiction evaluate if the public facility infrastructure is in place to handle new housing developments. In the case of most public facilities, new development has its major impact on the facilities immediately adjacent to that development. School Districts are different. If the District does not have permanent facilities available, interim measures must be taken until new facilities can be built or until boundaries can be adjusted to match the population changes to the surrounding facilities. Adjusting boundaries requires careful consideration by the District and is not taken lightly. It is recognized that there is a potential impact on students who are required to change schools. Boundary adjustments impact the whole district, not just one school. It is important to realize that a single housing development does not require the construction of a complete school facility. School districts are required to project growth throughout the district and build or adjust boundaries based on growth throughout the district, not just around a single development. 10 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY PT\' Federal Way ' Public shoo s •■ ELEMENTARY SCHOOLS MIDDLE SCHOOLS 3 ADELAIDE ELEMENTARY 36 FW PUBLIC ACADEMY Y ab 2 BRIGAD{x3N ELEMENTARY 313 ILLAHEE MIDDLE SCHOOL «., 4 t. 3 CAMELOT ELEMENTARY 31 KILO MIDDLE SC HOO! --,_,✓ • d ENTERPRISE ELEMENTARY 32 LAKOTA MIDDLE SCHOOL �� t S GRE ENGA BLES ELEM4ENTARY _ t 33 SACAJAWEAMIDDLESCHOOL 6 LAKE DOLLOFF ELEMENTARY 34 SAGIiAIIE MIDDLE SCHOOL t' .r-�. k 7 LAKEGROVE ELEMENTARY ; w ,,,,+"� �,..,,,,,�. " 37 SECtuOYAH MIDDLE sCHOOL ,, 8 LAKELANDELEMENTARY 3g TOTEM MIDDLE SCHOOL ';(.4.4' �� 9 MARK TWAIN ELEMENTARY f ' 382 TAFACADEMY ¢ 10 MEREDITH HILL ELEMENTARY `,.∎.' = i 1 Si MIRROR LAKE ELEMENTARY 11" ,-*; 12 NAi.fTllUS K-85CHC�G�L HIGH SOHOOLS 1: T' ➢ .$ 13 OLYMPIC VIEW ELEMENTARY 41 FEDERARHIGH u- "`1 III-XIV"S3 FE QERAL WAY HIGH 1 °'"I ��' g.. 14 PANTHERLAKE ELEMENTARY ° z- E 15 RAINIER VI E'N ELEMENTARY �' TODD SEAM FERSON HIGH 16 SHERWOOQFORESTELEMENTARY �' TODD BEAM ER HIGH €II Ni' °S 17 SILVER LAKE ELEMENTARY 51 CAREER ACADEMY TE TRUMAN r 52 ETP/NORMANCENTER „ � �� 18 STAR LAKE ELEMENTARY �� i '.°-: la 19 SUN N'YCREST ELEMENTARY qty n# p I *JAI 4 a 20 TWIN LAKESELEMENTARY • ADMINISTRATIVE SITES ,* „ 3 '." 4 `.*°' 21 VALHALLA ELEMENTARY 'fY ''' .� 22 WILDWOOD ELEMENTARY � g as €� ,�� 23 WOOQMO NT K-8 SCHOOL �--� _ Vey.;.- .3 r*" € yy I _ ' ■ FWPS PROPERTY �. - _ -�j 'Y -..{a �'+ �.• - w - E a£ nss A i qua - ' � _ f,1-2_, e i 33 3 j j jjj'- -tt4 -- r3 ys �. C i .� T. Tf `�--� # y :11k7----ir 74.7 '- ;3,:33 1;1,V' -r �1 '' s� x ..,-47 as p .11:"*. 'r e , -'$ ?'° If,".-.. - -.4.!„. ' €a. t may'.. :e ':;:,4T-, . _ des",, ',.-,4 . r ELEMENTARY 7 BOUNDARIES %I, -:,...../ -44:4 ,- .' ,.. -, .3,,,,,,, e,, '. 4 I A,,_1..." a __,,,,,,cf 1 N _ .1 Qt183 06 Q4 L1-4 Ies Date:6.2.12 11 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY • • Federal Way • J Public Schools • ELEMENTARY SCHOOLS M MIDDLE SCHOOLS iir F - T,, 'Ir ` 1 ADELAIDE ELEMENTARY 36 RV PUE4LICACADEMY 4� t .. 2 BRIGADOON ELEMENTARY 30 ILLAHEE MIDDLE SCHOOL t 3 CAMELOT ELEMENTARY 31 KILO MIDDLE SCHOOL ••I as r-^v.. 4 ENTERPRISE ELEMENTARY 32 LAKOTA MIDDLE SCHOOL tt( t� 5 GREEN GABLES ELEMENTARY 33 SACA)A�.'EA MIDDLE SCHOOL a,� ), *r,,' n 6 LAKE DOLLOFF ELEMENTARY 34 SAGHALIE MIDDLE SCHOOL il"I s h -^ t 7 LAKE GROVE ELEMENTARY w O ..--., ' 37 SEQUOYAH MIDDLE SCHOOL \ ' , P/ t 8 LAKELANDELEMENTARY 35 TOTEM MIDDLE SCHOOL �' r� k. t �'� �. r 9 MARK TWAIN ELEMENTARY 381 TAF ACADEMY 'I t I t, r 10 MEREDITH HILL ELEMENTARY I - a , L' 11 MIRROR LAKE ELEMENTARY 12 NAUTILUS K-8 SCHOOL HIGH SCHOOLS .r W 13 OLYMPIC VIEW ELEMENTARY 30 DECATUR HIGH %g ' I 41 TI-O FEDERAL'NAY HIGH + �Mite f4 14 PANTHER LAKE ELEMENTARY 423 THD h9A57EFFERSON HIGH � I� i 15 RAINIER VIEW ELEMENTARY I ,� -.r 45 TODD BEAM ER HIGH I.'16 SHERWOODFORESTELEMENTARY ' ( P 17 SILVER LAKEELEMENTARY 490 CAREER ACADEMY ETRUMAN h 18 STAR LAKE ELEMENTARY 51 ETP/NORh#ANCENTER j.t Al I ., �, 19 SUN NYCREST ELEMENTARY R! )eye ,. 20 TWIN LAKES LE ME NTARY . ADMINISTRATIVE SITES '�., Y'E 4 i 1 717,,w,,, 21 VALHALLA ELEMENTARY 4 ((EEEEYYYY - ' . [�{� III. r 22 WILDWt3OD ELEMENTARY -�+� Vy� -4 i��'''�: ��M„ifir12 �i 23 WOODMONT K-B SCHOOL i� .t I ,~ ! i all■ F1NPS PROPERTY r "'- k 'j � - .�;,I_I, .11 './iv kl4 ra-L. 1 E' 11, , m1i 'rho' j�al i Ship,. } k r... Lr�� r ll t I �1 �� , Tn ► , ,, '! '^' . 4 72,,. . _ f., ,' C CA 7•1?!.ti iirl' 1. 6 , kr 1, � ' I-k �' '1 1�. , n I �....I )I ri Rf I-, ,,.•, h.. dd i r ,� � Mi 4 'c a .__ ..i " i �!IV t .t .) t .q r 1 -, ..�l� +C fir. MIDDLE `- ` A..1._I SCHOOL `�,$ � 3 �, f I BOUNDARIES . , '� - N Oa 15.3 66 R9 L2 := Mies Date: 5.4.12 12 I FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY • i Federal Way Public Schools I .C.4). . .4 3 In ELEMENTARY SCHOOLS M MIDDLE SCHOOLS 0\ '44 , • 1 ADELAIDEELEMENTARY 36 FWPUBLIC ACADEMY i—, 4 2 BRIGADOON ELEMENTARY 30 ILLAHEE MIDDLE SCHOOL ff##>,,./1< A_"""''"s 3 CAMELOT ELEMENTARY 31 KILO MIDDLE SCHOOL 7 I}-*-�. I """`-'' 4 ENTERPRISE ELEMENTARY 32 LAKOTA MIDDLE SCHOOL _ , . t NA 5 GREEN GABLES ELEMENTARY 33 SACAJAWEA MIDDLE SCHOOL 1 1 5 LAKEDOLLOFFELEMENTARY 34 SAGHALIE MIDDLE SCHOOL ,. ))) a ` 7 LAKE GROVE ELEMENTARY � _t.�1, j~e °""`{ �'"'^� . 37 SEOUOYAH MIDDLESCHdOt iii 3 LAKELAND ELEMENTARY 35 TOTEM ODLE SCHOOL ...y 4 -{_,,, 9 MARK TWAIN ELEMENTARY 381 TAF ACADEMY "� I�� : k Y e . 10 MEREDITH HILL ELEMENTARY • 11 MIRROR LAKE ELEMENTARY 7. 12 NAUTILUS K-8 SCHOOL HIGHSCtiDOLS 13 OLYMPICVIEW ELEMENTARY 40 DECATUR HIGH k../ . , (it 41 FEDERAL WAY HIGH 14 PANTHER LAKE ELEMENTARY �I FM i 15 RAINIER VIEW ELEMENTARY 421 THOMAS JEFFERSON HIGH �� I ___._ L... t, ' �N 16 SHERWOODFORESTELEMENTARY 45 TODD REAMER HIGH r�1 yy�y. .�,-�`7 < 17 SILVER LAKE ELEMENTARY 490 CAREER ACADEMY @ TRUMAld ■ ° '? 51 ETPJNORMANCENTER _ 11' *I~ IIIP I1 1$ STAR LAKE ELEMENTARY i r �' 19 SUN NYCREST ELEMENTARY - N 1!i iii .,®, !'. 20 TWIN LAKES ELEMENTARY ■ ADMINISTRATIVE SITES � pay `' 21 VALHALLA ELEMENTARY SF h �• 11 d >;I ta' III °• ' 22 WILDWODD ELEMENTARY 1 II- I Ci .:y 23 WOODMONT K-8 SCHOOL E ■ FWPS PROPERTY J-t't ' I 1 1 1 le :, MIA _ 6,syn+� `.,a r F AVM = "AVIV ! I �r � I 11I*! . i '' 7.7::,== _ 1 4 [Ijw 1"7" , .? - e. � ,� Alit' R: , j • ln 'a . h III . �� Y ��r a F � pIIII . 3 ?f E.. p f 7 nfii HIGH . , • ' •�.L i• I SCHOOL men u,4` .,.I f ;i S 1 BOUNDARIES ~1~� ,i , ,. :. ,, `� 3 ,r N CD 19,3 466 09 L2 Date:5.4.12 13 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY SECTION 3 - SUPPORT DOCUMENTATION Building Capacities -The Education Program Portable Locations Student Forecast—2016 through 2022 Capacity Summaries King County Impact Fees - Single and Multi-Family Units 14 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY Building Capacities This Capital Facilities Plan establishes the District's"standard of service"in order to ascertain the District's current and future capacity. The Superintendent of Public Instruction establishes square footage guidelines for capacity,but these guidelines do not take into consideration the education program needs. In general,the District's current target class size provides that the average class size for a standard classroom for grades K through 2 should be 20 students. Due to current economic conditions,the target class size for K through 2 has been temporarily increased. With the legislative compliance with McCleary,we intend to decrease K though 3 class sizes to 17 by the 2017-18 school year. In grades 4-5 the target is 25 students. For grades 6 to 12 the target class size is 26 students. Classrooms for students with Individualized Education Program (Special Education) needs are calculated at 12 seats per classroom. Using the OSPI square footage calculation as a base line,the District has calculated a program capacity for all schools. The following list clarifies the adjustments to the OSPI calculation. Music Rooms: Each elementary school requires a standard classroom for music instruction. All Day Kindergarten: Every elementary school operates only all day Kindergarten programs. These all day Kindergarten programs require additional capacity because the standard classroom is available for one all day session rather than two half day sessions. The District will operate 84 sections of all day Kindergarten in 2015-16. Special Education Resource Rooms: Each elementary and middle school requires the use of a standard classroom(s)for special ry q education students requiring instruction to address specific disabilities. English as a Second Language Programs: Each elementary,middle school and high school requires the use of a standard classroom for students learning English as a second language. Middle School Computer Labs: Each middle school has computer labs,except Totem Middle School. Wireless access has been installed at all secondary schools. If additional classroom space is needed,these computer labs may be converted to mobile carts. High School Career Development and Learning Center(Resource)Room: Each high school provides special education resource room and career development classrooms for students requiring instruction to address specific disabilities. Preschool/ECEAP/Headstart: Our district currently offers preschool programs for both special needs&typically developing students at 8 elementary schools. We also have the ECEAP and Headstart program at 6 schools (4 elementary&3 high schools). These programs decrease capacity at those sites. Alternative Learning Experience: Federal Way offers students the opportunity to participate in an Alternative Learning Experience through our Internet Academy. These students have never been included in the capacity calculation of unhoused students. 15 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY BUILDING PROGRAM CAPACITIES ELEMENTARY BUILDING MIDDLE SCHOOL BUILDING PROGRAM CAPACITY PROGRAM CAPACITY School Name Headcount School Name Headcount FTE Adelaide 361 Illahee 770 778 Brigadoon 258 Kilo 759 767 Camelot 255 Lakota 757 765 Enterprise 410 Sacajawea 615 621 Green Gables 412 Saghalie 750 758 Lake Dolloff 415 Sequoyah 544 549 Lake Grove 352 Totem 739 746 Lakeland 361 Federal Way Public Academy 199 201 Mark Twain 344 Technology Access Foundation Academy** Meredith Hill 425 Merit School** Mirror Lake 337 TOTAL 5,133 5,185 Nautilus (K-8) 336 Olympic View 340 *Middle School Average I 705 I 712 Panther Lake 410 Rainier View 401 HIGH SCHOOL BUILDING Sherwood Forest 395 PROGRAM CAPACITY Silver Lake 402 Star Lake 328 SchoolName Headcount FTE Sunnycrest 391 Decatur 1189 1,272 Twin Lakes 309 Federal Way 1431 1,530 Valhalla 379 Thomas Jefferson 1282 1,371 Wildwood 312 Todd Beamer 1082 1,157 Woodmont(K-8) 335 Career Academy at Truman 153 164 TOTAL 8,268 Federal Way Public Academy 109 117 Employment Transition Program 48 51 Technology Access Foundation Academy** Elementary Average I 359 Merit School** TOTAL 5,294 5,662 *High School Average I 1,246 I 1,333 Notes: * Federal Way Public Academy,Career Academy at Truman High School,and Employment Transition Program are non-boundary schools. These schools are not used in the calculated averages. ** Technology Access Foundation Academy is housed entirely in portables on the Totem Middle School site. Merit School is housed entirely in portables on the Illahee Middle School site. 16 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY Portable Locations The Washington State Constitution requires the State to provide each student a basic education. It is not an efficient use of District resources to build a school with a capacity for 500 students due to lack of space for 25 students when enrollment fluctuates throughout the year and from year to year. Portables are used as temporary facilities or interim measures to house students when increasing population impacts a school attendance area. Portables may also be required to house students when new or changing programs require additional capacity. They also provide temporary housing for students until permanent facilities can be financed and constructed. When permanent facilities become available,the portable(s) is either used for other purposes such as storage or child care programs, or moved to another school for an interim classroom. Some portables may not be fit to move due to age or physical condition. In these cases, the District may choose to buy new portables and surplus these unfit portables. It is the practice and philosophy of Federal Way Public Schools that portables are not acceptable as permanent facilities. The District is investigating alternatives to portables. We are currently in the planning phase of designing buildings that would require shorter construction time and provide permanent classroom space for our students. These buildings may replace the need for portables in the future. The following page provides a list of the location of the portable facilities, used for temporary educational facilities by Federal Way Public Schools. 17 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY PORTABLE LOCATIONS PORTABLES LOCATED PORTABLES LOCATED AT ELEMENTARY SCHOOLS AT HIGH SCHOOLS NON NON INSTRUCTIONAL INS TRUCTIONAL INS TRUCTIONAL INSTRUCTIONAL Adelaide 1 2 Decatur 8 l Brigadoon 1 Federal Way 2 Camelot 1 Thomas Jefferson 10 Enterprise 3 Todd Beamer 8 Green Gables 1 TAF Academy 8 2 Lake Dolloff 1 1 TOTAL 36 3 Lake Grove 1 1 Lakeland Mark Twain 3 Meredith Hill 1 2 Mirror Lake 10 PORTABLES LOCATED Nautilus 1 AT SUPPORT FACILITIES Olympic View 2 Panther Lake 4 MOT Rainier View 1 2 TDC 5 Sherwood Forest 2 2 TOTAL 5 Silver Lake 4 Star Lake 4 Sunnycrest 4 HEAD START PORTABLES AT DISTRICT SITES Twin Lakes 1 2 Valhalla 4 Sherwood Forest 1 Wildwood 4 Woodmont 3 Total 1 TOTAL 51 18 PORTABLES LOCATED AT MIDDLE SCHOOLS NON INSTRUCTIONAL INSTRUCTIONAL Illahee 3 Kilo 7 Lakota Sacajawea 4 Saghalie 1 3 Sequoyah 2 Totem Merit 3 TAF Academy 8 2 TOTAL 18 15 In the 2014-15&2015-16 school years,students at Federal Way HS will be housed in a portable village during construction of the new classrooms. 18 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY Student Forecast Student enrollment projections are a basic component of budget development. Enrollment projections influence many of the financial estimates that go into budget preparation. The majority of staffing requirements are derived directly from the forecasted number of students. Allocations for instructional supplies and materials are also made on the basis of projected enrollment. Other expenditures and certain revenue projections are directly related to enrollment projections. Enrollment projections are completed annually in the Business Services Department. Projections must be detailed at various levels, district total, school-building totals, grade level and program level to include vocational and special education students. The basis of projections has been cohort survival analysis. Cohort survival is the analysis of a g r oup t h at h as a common statistical value(grade level) as it progresses through time. In a stable population the cohort would be 1.00 for all grades. This analysis uses historical information to develop averages and project the averages forward. This method does not trace individual students; it is concerned with aggregate numbers in each grade level. The district has used this method with varying years of history and weighted factors to study several projections. Because transfers in and out of the school system are common, student migration is factored into the analysis as it increases or decreases survival rates. Entry grades (kindergarten)are a unique problem in cohort analysis. The district collects information on birth rates within the district's census tracts, and treats these statistics as a cohort for kindergarten enrollment in the appropriate years. The Federal Way School District is using various statistical methods for projecting student enrollments. The resultant forecasted enrollments are evaluated below. The first method is a statistical cohort analysis that produces ten distinct forecasts. These are forecast of enrollment for one year. The projections vary depending on the number of years of historical information and how they are weighted. A second method is a projection using an enrollment projection software package that allows the user to project independently at school or grade level and to aggregate these projections for the district level. The Enrollment MasterTM software provides statistical methods including trend line, standard grade progression (cohort)and combinations of these methods. This software produces a five-year projection of school enrollment. In December 2012,the District contracted a demographer to develop projections for the Federal Way School District. The report was complete in March 2013. The model used to forecast next year's enrollment uses cohort survival rates to measure grade to grade growth, assumes market share losses to private schools(consistent with county-wide average), assumes growth from new housing or losses due to net losses from migration. This forecast was provided as a range of three projections. The long-range forecast provided with this report used a model with cohort survival rates and growth rates based on projected changes in the 5-19 age group for King County. Most of the methods used for long range enrollment reporting assume that enrollment is a constant percent of 19 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY something else(e.g. population) or that enrollment will mirror some projected trend for the school-age population over time. The report included 5 different calculations to provide a range of possible projections for the District to the year 2022. This model produces a projection that is between 23,000 and 24,000 when applied to the low, medium and high range modes. This provides a reasonable range for long-range planning and is consistent with estimates from various models. Long-range projections that establish the need for facilities are a modification of the cohort survival method. The cohort method of analysis becomes less reliable the farther out the projections are made. The Federal Way School District long-range projections are studied annually. The study includes information from the jurisdictional demographers as they project future housing and population in the region. The long-range projections used by Federal Way Public Schools reflect a similar age trend in student populations as the projections published by the Office of Financial Management for the State of Washington. Near term projections assume some growth from new housing, which is offset by current local economic conditions. The District tracks new development from five permitting jurisdictions. Currently there are three new multi-family complexes planned within the District. These three complexes have a total of 819 units. All three developments will be open and ready for occupancy within the 2015-16 school-year. Long range planning assumes a student yield from proposed new housing consistent with historical growth patterns. Growth Management requires jurisdictions to plan for a minimum of twenty years. The Federal Way School District is a partner in this planning with the various jurisdictions comprising the school district geography. These projections create a vision of the school district community in the future. 20 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY Full Time Equivalent Enrollment History and Projections Simplified FTE(K Headcount=.5 FTE;Middle School FTE=.99 Headcount;High School FTE=.935Headcount) Total K-12 Percent Calendar Yr School Year Elementary Middle School High School FTE Change 2010 2009-10 8,738 5,119 6,594 20,451 2011 2010-11 8,753 5,142 6,544 20,439 -0.1% 2012 2011-12 8,800 5,134 6,448 20,382 -0.3% 2013 2012-13 8,914 4,963 6,367 20,244 -0.7% 2014 2013-14 9,230 4,801 6,354 20,384 0.7% 2015 2014-15 9,177 4,884 6,393 20,454 0.3% 2016 B2015-16 9,269 4,968 6,349 20,585 0.6% 2017 P2016-17 9,322 5,140 6,092 20,554 -0.2% 2018 P2017-18 9,400 5,152 6,054 20,606 0.3% 2019 P2018-19 9,497 5,125 6,207 20,829 1.1% 2020 P2019-20 9,567 5,260 6,261 21,088 1.2% 2021 P2020-21 9,644 5,355 6,396 21,395 1.4% 2022 P2021-22 9,763 5,407 6,430 21,600 0.9% Elementary K-5 Middle School 6-8 High School 9-12 Enrollment History and Six Year Forecast 22,000 21,000 20,000 a„r I � 19,000 18,000 17,000 16,000 15,000 cD cD cp c3 co c� <9 "3 ^3 ^0 A ^3 q 00 O> O> O� O> O> �0 `'o `'o `'o a0 `'o `'o s 0 r? o Q > > > > > C3 V) > > > > S 6' --I 6' c9 0 0 cp a S >6, >> >0 >0 C - ice O ij / School Year .FTE 21 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY Capacity Summaries All Grades, Elementary, Middle School, and High Schools The Capacity Summaries combine Building Capacity information and the Student Forecast information. The result demonstrates the requirements for new or remodeled facilities and why there is a need for the District to use temporary facilities or interim measures. The information is organized in spreadsheet format, with a page summarizing the entire District,and then evaluating capacity vs. number of students at elementary, middle school, and high school levels individually. The notes at the bottom of each spreadsheet provide information about what facilities are in place each year. 22 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY CAPACITY SUMMARY-ALL GRADES Budget -- Projected-- Calendar Year 2016 2017 2018 2019 2020 2021 2022 CAPACITY School Year 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 BUILDING PROGRAM HEADCOUNT CAPACITY 18,695 18,695 18,895 18,895 18,895 18,895 18,895 En c, 'gory' r! '4' 19,115 19,115 19,315 19,315 19315 19,315_ 19315 Add or subtract changes to capacity Increase Capacity at Federal Way HS 200 Adjusted Program Headcount Capacity 18,695 18.895 18.895 18.895 18,895 18.895 18,895 Adj=usted Program F'TE Ca® i� 19,115 19,315 19.315 19,315 19,315" 19.315 19,315 ENROLLMENT Basic FTE Enrollment 20,586 20,554 20,606 20,829 21,088 21,395 21.600 Internet Academy Enrollment(AAFTE) (315) (315) (315) (31�) (31�) (315) (315) Basic FTEEtircillinent witl out lute;a,a.' y 20, t; 91 20,514 20,773 21.080 21,285 S URPLUS OR(UNHOUS ED) PROGRAM FTEC:'" (1,156) (924) (976) , (1,199) (1,458) (1.765) (1,970) RELOCATABLE CAPACITY Current Portable Capacity 2.X75 2.523 2,450 2,450 2.450 2,450 2.450 Deduct Portable Capacity (75) Add New Portable Capacity ISO Adjusted Portable Capacity ,, 2.525 2.150 2,450 2.450 2,450 2,450 2,450 SURPLUS OR(UNHOUS ED) PROGRAM AND RELOCATABLE ;i ., CAPACITY 1,369 1,526 1,474 1,251 992 685 ` 480 23 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY CAPACITY SUMMARY-ELEMENTARY SCHOOLS Budget -- Projected-- Calendar Year 2015 2016 2017 2018 2019 2020 2021 CAPACITY School Year 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 BUILDING PROGRAM HEAD COUNT CA PA( I IY 8,268 8.268 8.268 8.268 8.268 8,268 8,268 uFTESAPACII Y 8.268 8.268 8,268 8,268 8,26S,A, 268 8,268 Add or subtract changes in capacity Adjusted Program I-leadcount Capacity 8.268 8.268 8.268 8.268 8.268 8,268 8,268 Adjusted Program FTE Capacity 8.268 _ 8,268 - `8,268 8,268 8,268 8,268 8,268 ENROLLMENT Basic FTE Enrollment 9,269 9,322 9,400 9,497 9,567 9,644 9,763 Internet Academy(AAFTE)' (36) (3(,) (36) (36) (36) (36) (36) vg without Internet Academy 9233 9.286 9,364 9,461 9.531 9,608 .9;727.x; SURPLUS OR(UNHOUSED) 'rte :,3 ;�� ; OGRAM CAPACITY (965) (1,018) (1,096) (1,193) (1,263) (1,340) (1,459) RELOCATABLE CAPACITY Current Portable Capacity 1,000 1,150 1.150 1,150 1,150 1,150 1.150 Add/Subtract portable capacity Add portable capacity at Mirror Lake and 5 f I Panther Lake Adjusted Portable Capacity 1,150 1,150 1,150 1,150 1,150 1,150 %1 1,150 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 185 132 54 (43) (113) (190) (309) NOTES: 1 Internet Academy students are included in projections but do not require full time use of school facilities. 2 Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available.This is a calculated number only. The actual number of portables that will be used will be based on actual student population needs. The District may begin to pull portables from the instructional inventory. Age and condition of the portables will determine feasibility for continued instructional use. 24 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY CAPACITY SUMMARY-MIDDLE SCHOOLS Budget -- Projected-- Ca lendar Year 2016 2017 2018 2019 2020 2021 2022 CAPACITY School Year 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 BUILDING PROGRAM HEADCOUNT CAPACITY 5,133 5,133 5,133 5,133 5,133 5,133 5,133 5,185 5,185 5,185 5,185 5,185 5,185 7 m Add or subtract changes in capacity Adjusted Program Headcount Capacity 5,133 5,133 5.1 33 5.133 5,133 5,133 5133 Adju tdPrograml~TECapacity 5,185 5,185 5.185 5.185 5.185 5,185 5,18 ENROLLMENT Basic FTE Enrollment 4,968 5,140 5,152 5,125 5,260 5,355 5,407 Internet Academy(AAFTE)1 (74) (74) (74) (74) (74) (74) (74) Basic Enro s § ,( µ 3, cademy 4,894 5.066 5.078 5,051 5,186 5,281 SURPLUS OR(UNHOUSED) IALLA,CAPACITY 291 119 107 134 (1 RELOCATABLE CAPACITY2 Current Portable Capacity 55)) 550 550 55) 550 550 550 Add/Subtract portable capacity Wed Portable Capacity v„ 550 550 550 550 550 550 550 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE dam;,: ,. APACITY 841 669 657 684 549 454 402 NOTES: 1 Internet Academy students are included in projections but do not require full time use of school facilities. 2 Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available.This is a calculated number only. The actual number of portables that will be used will be based on actual student population needs. The District may begin to pull portables from the instructional inventory. Age and condition of the portables will determine feasibility for continued instructional use. • 25 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY CAPACITY SUMMARY-HIGH SCHOOLS Budget -- Projected-- Calendar Year 2016 2017 2018 2019 2020 2021 2022 CAPACITY School Year 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 BUILDING PROGRA M HEADCOUNT CAPACITY 5,294 5,294 5,494 5,494 5,494 5,494 5,494 mar Fl E CA PA CI"1 Y 5,612 5.662 'Mgr' c a 62 5,862 Add or subtract changes in capacity ,{ Add capacity to Federal Way HS H I 1 * 111 1f Adjusted Program Headcount Capacity 5.294 5.494 5.494 5.494 5.494 5.494 5A94 Adjusted Program I F Capacity 5.662 5,862 5.862 5.862 5,862 5.862 5,862 ENROLLMENT Basic FTE Enrollment 6,349 6,092 6,054 6,207 6,261 6,396 6,430 InternetAcadcmv (AAFT I;)i (2051 (205) (205) (205) (205) (205) (205) Basic Ed s'4thout Internet Academy 6,144 5,887 5,849 6.002 6056 6,191 6.225 St'RPLLS OR(l PROGRAM C AP ACITY (482) (25) 13 (140) (194) (329) (363) RELOCATABLE CAPACITY2 Current Portable Capacity 825 825 750 750 750 750 750 Add/Subtract portable capacity Subtract portable capacity at Federal Way HS (75) G, i � iii pia Adjusted PortablOOpacity 825 750 750 750. 750 750 750 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE . WI, 343 725 763 610 4*W:4,1, ,4 L-: 387 NOTES: 1. Internet Academy students are included in projections but do not require full time use of school facilities. 2 Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available.This is a calculated number only. The actual number of portables that will be used will be based on actual student population needs. The District may begin to pull portables from the instructional inventory. Age and condition of the portables will determine feasibility for continued instructional use. 3. Capacity for unhoused students will be accommodated with traveling teachers and no planning time in some classrooms. 26 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY King County,the City of Federal Way, and the City of Kent Impact Fee Calculations Single and Multi-Family Residences Each jurisdiction that imposes school impact fees requires that developers pay these fees to help cover a share of the impact of new housing developments on school facilities. To determine an equitable fee throughout unincorporated King County, a formula was established. This formula can be found in King County Code 21A and was substantially adopted by the City of Federal Way and Kent. The formula requires the District to establish a "Student Generation Factor" which estimates how many students will be added to a school district by each new single or multi-family unit and to gather some standard construction costs, which are unique to that district. - STUDENT GENERATION FACTOR ANALYSIS Federal Way Public Schools student generation factor was determined separately for single-family units and multi-family units. The factors used in the 2016 Capital Facilities Plan were derived using actual generation factors from single-family units that were constructed in the District in the last five (5)years and using composite student generation factors drawn from other school districts in King County for multi-family units that were constructed in the last five (5) years. The factors used in the Restated 2016 Capital Facilities Plan for the multi-family impact fee calculation for the City of Federal Way were derived using actual generation factors from multi-family units that were constructed in the District in the last five(5) years. The District has prepared the Restated 2016 Capital Facilities Plan in recognition of recently completed and occupied multi-family units located in the City of Federal Way. The documented student generation factor from these units shows that, for at least development within the City of Federal Way, multi-family units generate considerably more students than those units used to establish the composite student generation factors. This finding is consistent with the District's historical findings related to multi-family student generation: these types of units located within the District tend to yield a higher student generation than the composite student generation factors.The District believes that this District-specific data is a more accurate reflection of the impacts of multi-family units in the District. The District will consider in the next Capital Facilities Plan update whether it will continue to look to the composite student generation factors, particularly given that there are now, for the first time in several years, recently completed and soon to be completed multi-family projects within the District. 27 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY - IMPACT FEE CALCULATION Following the calculations for the student generation factor is a copy of the Impact Fee Calculation for single family and multi-family units based on King County Code 21A and the Growth Management Act. ➢ Temporary Facility Cost is the average cost of a portable purchased within the last 5 years. Plan Year 2015 Plan Year 2016 Single Family Units $5,171 $2,899 Multi-Family Units (King $1,834 $506 County,Auburn, Kent)' Multi-Family Units—City $1,834 $9,273 of Federal Way Mixed-Use Residential2 $917 $4,637 Based on impact fee calculation in the 2016 Capital Facilities Plan,this fee applies to King County,City of Auburn,City of Kent and,if an impact fee ordinance is adopted,City of Des Moines. 2 In accordance with the City of Federal Way Ordinance No.95-249. 28 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY STUDENT GENERATION NEW CONSTRUCTION IN PRIOR 5 YEARS Single Family Student Generation Number of Number of Number of Number of Elementary Middle School High School Total Single Family Elementary Middle School High School Student Student Student Student DEVELOPMENT Dwellings Students Students Students Factor Factor Factor Factor (15)Swan Song 28 8 4 3 0.2857 0.1429 0.1071 0.5357 (15)Wynstone East 96 28 19 7 0.2917 0.1979 0.0729 0.5625 (14)North Lake Rim 37 3 4 3 0.0811 0.1081 0.0811 0.2703 (14)Wynstone 43 13 5 2 0.3023 0.1163 0.0465 0.4651 (13)Saghalie Firs 34 11 3 4 0.3235 0.0882 0.1176 0.5293 (13)Lake Point 22 5 _ 3 1 0.2273 0.1364 0.0455 0.4092 (12)Ming Court 15 6 _ 4 5 0.4000 0.2667 0.3333 1.0000 (12)Sunset Gardens 12 12 2 1 1.0000 0.1667 0.0833 1.2500 (11)Brighton.Park 27 10 - 4 6 0.3704 0.1481 0.2222 0.7407 (11)The Greens 20 11 7 10 0.5500 0.3500 0.5000 1.4000 ■Total 334 107 55 42 Student Generation' 0.3204 0.1647 0.1257 0.6108 Multi-Family Student Generation-City of Federal Way Number of Number of Number of Number of Elementary Middle School High School Total Multi Family Elementary Middle School High School Student Student Student Student DEVELOPMENT Dwellings Students Students Students Factor Factor Factor Factor (15)Park 16 293 170 90 82 0.5802 0.3072 0.2799 1.1672 Total 293 170 90 82 Student Generation* 0.5802 0.3072 0.2799 1.1672 Student Generation rate is based on totals. Composite Multi-Family Student Generation-King County Averages Elementary Middle School High School Total Auburn 0.065 0.038 0.022 0.124 Issaquah 0.156 0.051 0.049 0.256 Kent 0.111 0.022 0.039 0.172 Lake Washington 0.062 0.016 0.014 0.092 Average 0.099 0.032 0.031 0.162 29 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY IMPACT FEE-KING COUNTY,CITIES OF AUBURN AND KENT School Site Acquisition Cost: Student Student Facility Cost/ Facility Factor Factor Cost/ Cost/ Acreage Acre Capacity SFR MFR SFR MFR Elementary 0.3204 0.0990 $0 $0 Middle School 0.1647 0.0320 $0 $0 High School 4.85 $216,718 51 0.1257 0.0310 $2,588 $638 TOTAL $2,588 $638 School Construction Cost: Student Student %Perm Fac./ Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Capacity SFR MFR SFR MFR Elementary 94.76% 0.3204 0.0990 $0 $0 Middle School 97.12% 0.1647 0.0320 $0 $0 High School 96.65% $13,780,000 200 0.1257 0.0310 $8,371 $2,064 TOTAL $8,371 $2,064 Temporary Facility Cost: Student Student %Temp Fac. Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Capacity SFR MFR SFR MFR Elementary 5.47% $184,183 150 0.3204 0.0990 $22 $7 Middle School 2.75% 0.1647 0.0320 $0 $0 High School 3.35% 0.1257 0.0310 $0 $0 TOTAL $22 $7 State Matching Credit Calculation: Student Student Construction Cost Sq.Ft. State Factor Factor Cost/ Cost/ Allocation/Sq Ft Student Match SFR MFR SFR MFR Elementary $200.40 0.3204 0.0990 $0 $0 Middle School $200.40 0.1647 0.0320 $0 $0 High School $200.40 130 64.73% 0.1257 0.0310 $2,120 $523 Total $2,120 $523 Tax Payment Credit Calculation SFR MFR Average Assessed Value (March 2015) $257,998 $99,030 Capital Bond Interest Rate(March 2015) 3.68% 3.68% Net Present Value of Average Dwelling $2,126,332 $816,172 Years Amortized 10 10 Property Tax Levy Rate $1.44 $1.44 Present Value ofRerenue Stream $3,062 $1,175 Single Family Multi-Family Residences Residences Mitigation Fee Summary Site Acquisition Cost $2,588 $ 638 Permanent Facility Cost $8,371 $ 2,064 Temporary Facility Cost $22 $ 7 State Match Credit $ (2,120) $ (523) Tax Payment Credit $ (3,062) $ (1,175) Sub-Total $ 5,798 $ 1,011 50%Local Share $ 2,899 $ 506 'Calculated Imaact Fee $ 2,899 $ 506 12016 Impact Fee(King Co.,Auburn,Kent) $ 2,899 $ 5061 30 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY CITY OF FEDERAL WAY IMPACT FEE School Site Acquisition Cost: Student Student Facility Cost/ Facility Factor Factor Cost/ Cost/ Acreage Acre Capacity SFR MFR SFR MFR Elementary 0.3204 0.5802 $0 $0 Middle School 0.1647 0.3072 $0 $0 High School 4.85 $216,718 51 0.1257 0.2799 $2,588 $5,763 TOTAL $2,588 $5,763 School Construction Cost: Student Student %Perm Fac./ Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Capacity SFR MFR SFR MFR Elementary 94.76% 0.3204 0.5802 $0 $0 Middle School 97.12% 0.1647 0.3072 $0 $0 High School 96.65% $13,780,000 200 0.1257 0.2799 $8,371 $18,639 TOTAL $8,371 $18,639 Temporary Facility Cost: Student Student %Temp Fac. Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Capacity SFR MFR SFR MFR Elementary 5.47% $184,183 150 0.3204 0.5802 $22 $39 Middle School 2.75% 0.1647 0.3072 $0 $0 High School 3.35% 0.1257 0.2799 $0 $0 TOTAL $22 $39 State Matching Credit Calculation: Student Student Construction Cost Sq.Ft. State Factor Factor Cost/ Cost/ Allocation/Sq Ft Student Match SFR MFR SFR MFR Elementary $200.40 0.3204 0.5802 $0 $0 Middle School $200.40 0.1647 0.3072 $0 $0 High School $200.40 130 64.73% 0.1257 0.2799 $2,120 $4,720 Total $2,120 $4,720 Tax Payment Credit Calculation SFR MFR Average Assessed Value (March 2015) $257,998 $99,030 Capital Bond Interest Rate(March 2015) 3.68% 3.68% Net Present Value of Average Dwelling $2,126,332 $816,172 Years Amortized 10 10 Property Tax Levy Rate $1.44 $1.44 Present Value of ReNenue Stream $3,062 $1,175 Single Family Multi-Family Residences Residences Mitigation Fee Summary Site Acquisition Cost $2,588 $ 5,763 Permanent Facility Cost $8,371 $ 18,639 Temporary Facility Cost $22 $ 39 State Match Credit $ (2,120) $ (4,720) Tax Payment Credit $ (3,062) $ (1,175) Sub-Total $ 5,798 $ 18,545 50%Local Share $ 2,899 $ 9,273 Calculated Impact Fee $ 2,899 $ 9,273 12016 Impact Fee(City of Federal Way) $ 2,899 $ . 9,273 1 31 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY SECTION 4 SUMMARY OF CHANGES FROM THE 2015 CAPITAL FACILITIES PLAN The 2016 Capital Facilities Plan is an updated document, based on the 2015 Capital Facilities Plan. The changes between the 2015 Plan and the 2016 Plan are listed below. SECTION I -THE CAPITAL FACILITIES PLAN SIX-YEAR FINANCE PLAN The Six Year Finance Plan has been rolled forward to reflect 2016-2022 and adjusted for anticipated Federal Way High School construction schedule. The plan is found on page 9. SECTION III - SUPPORT DOCUMENTATION CAPACITY Elementary capacity includes space for All Day Kindergarten programs at every elementary school. Changes to the Building Program Capacities calculation are found on page 16. PORTABLES The list of portables reflects the movement of portables between facilities or new portables purchased. Portable Locations can be found on page 18. STUDENT FORECAST The Student Forecast now covers 2016 through 2022 Enrollment history and projections are found on page 21. CAPACITY SUMMARY The changes in the Capacity Summary are a reflection of the changes in the capacities and student forecast. New schools and increased capacity at current buildings are shown as increases to capacity. Capacity Summaries are found on pages 23-26. IMPACT FEE CALCULATION-KING COUNTY CODE 21A The Impact Fee Calculations have changed due to changes in several factors. The adjustment made in the Impact Fee Calculation, causing a change in the Impact Fee between the 2015 Capital Facilities Plan and the 2016 Capital Facilities Plan can be found on page 33 and 34. 32 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY IMPACT FEE CALCULATION CHANGES FROM 2015 TO 2016 STUDENT GENERATION FACTORS Student Generation factors are based on rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation. The changes in P Y p student Generation factors between the 2015 Capital Facilities Plan and the 2016 Capital Facilities Plan are due to developments that were deleted or added based upon the age of the developments and the year placed in the survey. The Student Generation worksheet is found on page 29. SCHOOL CONSTRUCTION COSTS The anticipated cost based on 2013 estimate for replacing Federal Way High is $106,000,000. The replacement will add 200 additional seats. The current capacity of Federal Way High is 1538. The addition of 200 seats will increase capacity by 13%. Total Cost $106,000,000 x.13=$13,780,000 SCHOOL ACQUISITION COSTS The district purchased the Norman Center to house the Employment Transition Program and to allow for the expansion of the ECEAP program. The purchase and use of this site increased our high school capacity by 51 students. Total Cost $2,100,000/2=$1,050,000 Cost per Acre $1,050,000/4.85=$216,718 The District will use the above formulas created as a base for the 2016 Capital Facilities Plan. The capacity of Federal Way High may vary from year to year as programs are added or changed and construction cost may increase over time. 33 FEDERAL WAY PUBLIC SCHOOLS 2016 CAPITAL FACILITIES PLAN AS RESTATED FOR THE CITY OF FEDERAL WAY IMPACT FEE CALCULATION CHANGES FROM 2015 TO 2016 IMPACT FEE Item From/To Comment Percent of Permanent Facilities 95.23%to 95.10% Report#3 OSPI Percent Temporary Facilities 4.77%to 4.87% Updated portable inventory Average Cost of Portable $183,020 to$184,183 Updated 5-yr rolling average of Classrooms portables purchased and placed in 2014. Construction Cost Allocation $200.40 to$200.40 Change effective July 2014 State Match 66.10%to 64.73% Change effective July 2014 Average Assessed Value Per Puget Sound Educational SFR- $214,952 to $257,998 Service District(ESD 121) MFR- $88,900 to$99,030 Capital Bond Interest Rate 4.38%to 3.68% Market Rate Property Tax Levy Rate $1.55 to$1.44 King County Treasury Division Student Generation Factors Updated Housing Inventory Single-Family Note:Student generation factors for are Elementary .2818 to.3204 single family units are based on new developments constructed within the District Middle School .1581 to.1647 over the last five(5)years prior to the date of High School .1856 to.1257 the fee calculation. Multi-Family- City of Federal Way Student generation factors for multi-family Elementary 1920 to.5802 units within the City ofFederal Way are based on new developments constructed Middle School .0570 to.3072 within the City ofFederal Way over the last High School .0680 to.2799 five(5)years Multi-Family- Composite Updated County-Wide Average Elementary .1920 to.0990 Note:This data was used to calculate the Middle School .0570 to.0320 multi family impact fee for King County,City High School 0680 to.0310 ofAuburn,City ofKent and,if impact fee ordinance is adopted,City ofDes Moines. Impact Fee SFR- $5,171 to$2,899 SFR based on the updated calculation MFR(King Co, Auburn&Kent)- $1,834 to$506 MFR based on the updated calculation MFR(City of Federal Way)- $1,834 to$9,273 Proposed MFR based on City of Federal Way student generation rate calculation 34 GLOBAL END Each student will graduate with the skills and academic knowledge to succeed as a responsible, contributing member of a global society. STUDENT ACHEIVEMENT Each student at every grade level will perform at or above the state or district standard in all disciplines. Each student's progress shall be measured annually by academic growth. RESPONSIBILITY Each student will take responsibility for their academic success; exhibiting positive and ethical personal behaviors; treating others with respect, courtesy, and dignity. PARENT ENGAGEMENT Each student will benefit from the relationship each school will establish with each parent, guardian or advocate. fib Federal VVay Federal Way Public Schools 33330 8th Avenue S Public Schools Federal Way,Washington 98003 (253) 945-2000 4110 11) This document is published by the Business Services Department of the Federal Way Public Schools.January 2016 COUNCIL MEETING DATE: January 19,2016 ITEM#: 6e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPOINTMENT TO THE DIVERSITY COMMISSION POLICY QUESTION: Should the City Council appoint members to the Diversity Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney,City Clerk DEPT: Mayor's Office _._............--._._...._..-......._....._.._ Background: The Diversity Commission is comprised of nine voting members (per FWRC 2.65.030) that are appointed by the City Council and serve three-year terms. There are two voting positions recently vacated due to Commissioner resignations with unexpired terms through May 31, 2016. There is also a vacant alternate position with an unexpired term of May 31, 2018. In accordance with the Council Rules of Procedures the City Councilmembers interviewed three candidates seeking appointment(Randall Smith,Trenise Rogers,and William Yi)at their January 19, 2016 Special Meeting. Options Considered: 1. Fill the vacancies as follows: Name Type of Nation Term Voting May 31,2016 Voting May 31,2016 Alternate May 31,2018 2. Direct the City Clerk to advertise for additional applicants for the Human Services Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A I ` CITY CLERK APPROVAL: Committee C ncil • Inih CHIEF OF STAFF: N/A 11/• Committee 1 / ou cil COMMITTEE RECOMMENDATION:N/A PROPOSED COUNCIL MOTION: "I move the following appointments to the Diversity Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING ordinances only) ORDINANCE# ( y) REVISED—08/12/2010 RESOLUTION# COUNCIL MEETING DATE: January 19,2016 ITEM#: 6f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPOINTMENT TO THE ARTS COMMISSION POLICY QUESTION: Should the City Council appoint members to the Arts Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: The Arts Commission is comprised of nine voting members (per FWRC 2.50.030) that are appointed by the City Council and serve three-year terms. There are two vacant voting positions with terms through December 31,2018. There are also two vacant alternate positions with unexpired terms of December 31, 2017. The City received two new applications (Dana Fox and Iveta Felzenberg) seeking appointment to the Arts Commission and held interviews at the City Council Special Meeting on January 19, 2016. An application from a Commissioner in good standing (Fran Tanner) was also received seeking reappointment. Per City Council Rules of Procedure an interview is not required for those seeking reappointment. Options Considered: 1. Fill the vacancies as follows: Name Type of Position Term, Voting December 31,2018 Voting December 31,2018 Alternate December 31,2017 2. Direct the City Clerk to advertise for additional applicants for the Arts Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A OF . t ,� CITY CLERK APPROVAL: Committee / •.uncil — phial CHIEF OF STAFF: N/A '/ i Committee LCoic jir1, COMMITTEE RECOMMENDATION:N/A PROPOSED COUNCIL MOTION: "I move the following appointments to the Arts Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# COUNCIL MEETING DATE: January 19,2016 ITEM#: 6 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPOINTMENT TO THE HUMAN SERVICES COMMISSION POLICY QUESTION: Should the City Council appoint members to the Human Services Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney,City Clerk DEPT: Mayor's Office Background: The Human Services Commission is comprised of nine voting members (per FWRC 2.55.20)that are appointed by the City Council and serve three-year terms. There are five vacant voting positions with terms through January 31,2019. There is also one vacant alternate position with unexpired term of January 31,2018. The City received four applications from Commissioners in good standing requesting re-appointment (Jack Stanford, Ken Stark, Mary Schultz, and Sinh Nguyen). Current alternate (Michael Pellicciotti) is seeking appointment as a voting member. Additionally a new application was received from a citizen requesting appointment(Julie Hiller). City Councilmembers interviewed the candidate seeking appointment(Julie Hiller)at their January 19, 2016 Special Meeting. Per City Council Rules of Procedure interviews are not required for re- appointments. Options Considered: 1. Fill the vacancies as follows: Name;: . Type of Position Voting January 31, 2019 Voting January 31, 2019 Voting January 31,2019 Voting January 31,2019 Voting January 31,2019 Alternate January 31,2018 2. Direct the City Clerk to advertise for additional applicants for the Human Services Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A / CITY CLERK APPROVAL: Committee oun CHIEF OF STAFF: N/A /!,`/( r+'" Committee Pfr ;J�tgpiJ 1, COMMITTEE RECOMMENDATION:N/A J PROPOSED COUNCIL MOTION: "I move the following appointments to the Human Services Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# • • COUNCIL MEETING DATE: January 19,2016 ITEM#: • 7a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE:RELATING TO CITY CENTER PLANNED ACTION AND AMENDING FWRC 14.15.130 POLICY QUESTION: Should the City amend and extend the City Center Planned Action? COMMITTEE: Land Use and Transportation Committee • MEETING DATE: Jan. 5,2016 CATEGORY: ❑ Consent ►1 Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stacey Welsh, Senior Planner DEPT: CD Attachments: 1) LUTC staff report and 2) proposed ordinance amending and extending the City Center Planned Action through 2025 (includes Exhibit A (City Center Planned Action Area Map) & Exhibit B (Planned Action Mitigation Document)). Options Considered: 1. Pass the ordinance. 2. Do not pass the ordinance and provide further direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: 0/0,05° � �/ "� DIRECTOR APPROVAL: 2��5 Com Council �///S Initial/Date do9 Initial/Date Initial/Date CHIEF OF STAFF: f.t W,19 y Rti1 ii, ij i 'Y C ee Couy11 / Imtial/Date Initia late COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading and Enactment on January 19, 2016. • AcLa_. x- xnl� ti Committee Chair Co mittee Member Committee PROPOSED COUNCIL MOTION(S): 1sT READING OF ORDINANCE AND ENACTMENT (JANUARY 19): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# C/04/100 ❑ 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: December 22, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: Michael A. Morales, Community Development Director Stacey Welsh,AICP, Senior Planner iv SUBJECT: City Center Planned Action BACKGROUND: The City of Federal Way issued the City of Federal Way City Center Planned Action Final Environmental Impact Statement (EIS) in 2006. Subsequently four Addenda to the 2006 EIS have been issued. A Planned Action Ordinance was adopted in 2007. Addendum #4 to the 2006 EIS extended the end timeframe of development for which the Planned Action Ordinance applied from 2014 to September 30, 2015. Pursuant to State SEPA laws and rules, the City issued a Draft Supplemental Environmental Impact Statement (DSEIS) on October 16, 2015. The SEIS includes an update to the transportation analysis for the City Center Planned Action subarea. A 30-day comment period followed issuance of the DSEIS. A public meeting on the DSEIS was held on November 9, 2015. The City of Federal Way issued the 2016 City Center Planned Action Final Supplemental Environmental Impact Statement (SEIS) on December 30,2015. The Planned Action designation means further environmental review on development within the designated Planned Action area is not necessary if the proposed development is consistent with the development levels and mitigation requirements of the adopted Planned Action Ordinance. For reference, the planned action project area is located in the City Center subarea,bounded on the north by South 312th Street, on the south by South 324th Street, on the west by Pacific Highway South, and on the east primarily by 23rd Avenue South. Additional area is located east of 23rd Avenue South, bordered on the north by South 317th Street and on the south by South 319th Place(see Exhibit A of the ordinance). The next step is adoption of an ordinance amending and extending the designation of a portion of the City Center subarea as a Planned Action for the purposes of State Environmental Policy Act (SEPA) compliance, pursuant to RCW 43.21C.440 and WAC 197-11-164. The Planned Action designation would apply to proposed residential, commercial, office, hotel, and other development within the development envelope analyzed in this SEIS. The Planned Action designation would apply to development that occurs through the end of year 2025. This action includes procedural text amendments to the Federal Way Revised Code (FWRC) Title 14 (Environmental Policy) Section 14.15.130 (City Center Planned Action) related to the Planned Action designation and process. MAYOR'S RECOMMENDATION: Adopt the ordinance extending the City Center Planned Action through 2025. ORDINANCE NO. AN ORDINANCE of the City of Federal Way,Washington,relating to the City Center Planned Action established pursuant to RCW 43.21C.440 and amending FWRC 14.15.130.(Amending Ordinance Nos. 14-779, 10-659, 07-552, and 07-547) WHEREAS,the State Environmental Policy Act("SEPA")and its implementing regulations authorize cities planning under the Growth Management Act("GMA")to designate planned actions that have had their significant impacts adequately addressed in an environmental impact statement (EIS)prepared in conjunction with a comprehensive plan,subarea plan,fully contained community, master planned resort, master planned development, or a phased project; and WHEREAS,RCW 43.21C.440 and WAC 197-11-164,-168,and-172 allow and govern the application of a planned action designation; and WHEREAS,the City of Federal Way is located within an urban growth area and has adopted a Comprehensive Plan that addresses the City Center subarea and has prepared an EIS and Supplemental Environmental Impact Statement("SEIS")that consider a planned action designation in a portion of the City Center subarea; and WHEREAS, Chapter 7 of the City of Federal Way Comprehensive Plan addresses the City Center subarea and contains policy CCP5 that states the City should "[u]tilize the SEPA Planned Action to provide streamlined permit review in the City Center in order to accelerate progress towards meeting the vision"; and WHEREAS, designation of a project as a planned action streamlines subsequent review of the project by eliminating the need for preparation of a threshold determination or EIS; and WHEREAS, the City Council enacted Ordinance No. 07-547 on February 20, 2007, Ordinance No. 16- Page 1 of 11 Rev 1/15 establishing the City Center Planned Action,pursuant to RCW 43.21 C.031; and WHEREAS, the City. Council enacted Ordinance No. 14-779 on December 2, 2014, approving a short-term extension of the designated development timeframe for a period of nine(9) months. During that time the city conducted a detailed transportation analysis, as part of a plan to subsequently extend the EIS for a longer period of time; and WHEREAS,renewing the designation of a portion of the City Center subarea as a planned action with appropriate standards and procedures will help achieve permit processing efficiency and promote environmental quality; and WHEREAS,on October 16,2015,the City issued a Draft Supplemental EIS to the 2006 City Center Planned Action EIS; and WHEREAS, on November 9, 2015, the City held a public meeting to receive comments regarding the Draft SEIS; and WHEREAS,the City considered comments received and issued a Final Supplemental EIS on December 30, 2015; and WHEREAS,proposed development within the City Center planned action area is subject to the mitigation measures identified by the Supplemental EIS; and WHEREAS,the Land Use and Transportation Committee("LUTC")of the Federal Way City Council considered these procedural code amendments on January 5, 2016, and recommended adoption of the text. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 14.15.130 of the FWRC is hereby amended to read as follows: Ordinance No. 16- Page 2 of 11 Rev 1/15 14.15.130 City center planned action. (1)Purpose. The city of Federal Way declares that the purpose of this section is to: (a) Combine environmental analysis with land use planning; and (b) Set forth a procedure designating certain project actions in a portion of the city center subarea as "planned actions" consistent with state law RCW 43.21C.440; and (c) Streamline and expedite the land use permit review process by relying on completed and existing environmental analysis for the planned action area; and (d)Apply the Federal Way Revised Code together with the mitigation framework in subsection(3) of this section for the purpose of processing planned action development applications. (2)Findings. The city of Federal Way finds that: (a) The city of Federal Way is required to prepare and implement plans in accordance with the provisions of the Growth Management Act, Chapter 36.70A RCW; (b) The city of Federal Way has adopted a comprehensive plan and city center subarea plan in compliance with the GMA; (c) The city center planned action environmental impact statement and supplemental environmental impact statement identifiesy and addresses all significant environmental impacts associated with the proposed planned action as defined in subsection(3)of this section; (d) The mitigation measures contained in Exhibit B, "Planned Action Mitigation Document,"adopted by ordinance on January 19, 2016 of Ordinance 07 517 ,together with applicable city development standards, are adequate to mitigate the significant adverse environmental impacts of planned action development as defined in subsection(3)(c)of this section, subject to project review; (e) The expedited permit review procedures as set forth in this section are and-will-be a benefit to the public, protect the environment, and enhance economic development; and (f) Opportunities for public involvement and review have been provided, and comments considered as part of preparation of the planned action environmental impact statement and supplemental environmental impact statement. (3)Procedures and criteria for evaluating and determining projects as planned actions. Ordinance No. 16- Page 3 of 11 Rev 1/15 (a)Planned action site. The planned action designation shall apply to the approximately 2.00215-acre site generally bounded by South 312th Street on the north, South 324th Street on the south, Pacific Highway South on the west and 23rd Avenue South on the east, Additional area is located east of 23rd Avenue South, bordered on the north by South 317th Street and on the south by South 319th Place and shown in Exhibit A, "City Center Planned Action Area Map,"adopted by ordinance on January 19, 2016 of Ordinance 07 517. (b)Environmental document. A planned action designation for a site-specific application shall be based on the environmental analysis contained in the city center planned action environmental impact statement(EIS) completed by the city ein September-832006 and the supplemental environmental impact statement (SEIS) completed in 2015. "EIS"means the city center planned action environmental impact statement composed of the draft EIS (June 2006) and the final EIS (September 2006)and "SEIS"means the supplemental environmental impact statement composed of the draft SEIS (October 2015)and the final SEIS (December 2015). The planned action mitigation document 07 547)is based upon the analysis of the EIS and SEIS. The mitigation document,together with applicable city codes, ordinances and standards, shall provide the framework for the decision by the city to impose conditions on a planned action project. (c)Planned action qualifications. (i)Land uses. The following uses are the primary uses analyzed in the SEIS. (A) Retail goods and services. (B) Office. (C)Lodging. (D) Residential. (E) Civic. (F) Structured parking. (ii)Development thresholds. The planned action designation applies to future development proposals that cumulatively do not exceed the development envelope established by the SEIS, as and shown in the planned action development envelope table below: Planned Action Development Envelope Table Uses Development Envelope Ordinance No. 16- Page 4 of 11 Rev 1/15 Retail 750,000 175 000 sf Office 350,000 100,000 sf Lodging 600 rooms Residential 750 2,400 units Civic 500,009-sf Strut ing 750 stalls The planned action designation also applies to demolition of existing parking f cil tie development(no limitation on square footage). If proposed plans significantly change the . - . • .. . - , . - the-environmental determinations of the SEIS, additional SEPA review may be required. Additional SEPA review may be conducted . . - - - - -• . .. . . . - . consistent with city SEPA procedures and state law. Shifting the total build-out of development among uses, or similar uses that may not be specifically listed in the above table, may be permitted so long as the total build-out does not exceed the aggregate amount of the development envelope;or trip generation reviewed in the SEIS,,and so long as the impacts of that development have been identified and mitigated in the SEIS and mitigation document. (iii) The project is located within the planned action area. (iv) Transportation. (A) Vehicle trip ranges generation. The ranges of vehicle trips generation alternatives reviewed in the SEIS are as follows: 2009 Total-Trips AM Peak Ho,,,. t Saturday Peak Hour 2446 4r6 eak-Heoc 2,727 Ordinance No. 16- Page 5 of 11 Rev 1/15 2044 otal4rips AM- 1 919 1,073 2,537 2,552 PM Doak Hour 2,360 2,370 Trip Generation by Alternative 2025 No Action 2025 Action Alternative Alternative Time Period Total Trips Total Trips AM Peak Hour 3,040 3,617 PM Peak Hour 6,919 6,792 The SEIS conducted quantitative analysis on a per-intersection basis of impacts and mitigation through 2009 2025 (or the equivalent time, based on the cumulative totals of projected vehicle trips). EIS analysis of 2010 2011 vehicle werks-direeter. (B) Trip threshold Proposed development that would result in a cumulative total of trips that exceeds the maximum trip levels shown above would not qualify as a planned action. (C)Public works discretion. The public works director shall have discretion to determine incremental and total trip generation, consistent with the Institute of Traffic Engineers (ITE) General Manual (latest ed.), for each pl project permit application . . .. . -• . ., . . . _ . (v)Elements of the environment analyzed in the SEIS. A project that would result in a significant change in impacts to any of the elements of the environment identified in the SEIS would not qualify as a planned action. (vi) Time horizon. The planned action designation is intended to be applicable until all development shown in the planned action development envelope Ordinance No. 16- Page 6 of 11 Rev 1/15 table (subsection(3)(c)(ii) of this section) is constructed or until the total trips in the trip generation by alternative table (subsection(3)(c)(iv)of this section) are exceeded, or until September 30, 2015 December 31, 2025, whichever occurs first. sShould environmental conditions significantly change from those analyzed in the SEIS, the city SEPA official may determine that the planned action designation is no longer applicable unless additional;supplementary-environmental review is conducted, regardless of the date. (d)Planned action review criteria. (i)Uses and activities described in the SEIS, subject to the qualifications described in subsection(3)(c) of this section and the mitigation measures in the planned action mitigation document €67-54-7, may be designated planned actions pursuant to RCW 43.21C.440. (ii) The SEPA official or designee is authorized to designate a project application as a planned action pursuant to RCW 43.21C.440, if the project meets all of the following conditions: (A) The project is not otherwise exempt from SEPA; and (B) The project is consistent with the city of Federal Way Comprehensive Plan adopted under Chapter 36.70A RCW; and (C) The project is subsequent for is-implementing a project which has had its significant adverse environmental impacts that-have-been adequately identified in the SEIS; and (D) The project falls within the planned action qualifications identified in subsection(3)(c) of this section; and (E) The SEPA official has determined that the project's adverse impacts are able to be mitigated through the application of mitigation measures detailed in the planned action mitigation document ' 07- 517, as well as other applicable city, county, state, and federal requirements and conditions, - •- • . - - - •-• _ •. - • _ - ' . . . . .. ; and (F)The proposed project complies with all applicable local, county, state, and federal regulations, =, - - . -- - - • -- - • •- - - - - - - and Ordinance No. 16- Page 7 of 11 • Rev 1/15 (G) The proposed project is not an essential public facility, as defined in RCW 36.70A.200, unless an essential public facility is accessory to or part of a development that is designated a planned action under this subsection. (e)Effect ofplanned action.' (i)Upon designation by the SEPA official that the development proposal within the planned action area qualifies as a planned action pursuant to this section and WAC 197-11-172,the project shall not be subject to a SEPA threshold determination, an environmental impact statement(EIS), SEPA appeal or any other additional review under SEPA. the EIS. - • - (iii)Additionally, projects will be subject to applicable city, state and federal regulatory requirements. The planned action designation shall not exempt a project from meeting the-cityls code requirements precess. This includes paying applicable transportation impact fees (Chapter 19.91 FWRC) and making development improvements, including those for safety and access purposes (Chapter 19.135 FWRC). Projects that qualify as Planned Actions are not exempt from the Transportation Concurrency Management Program (Chapter 19.90 FWRC). (f)Planned action permit process. The director of community development sefviees-or designee shall review projects and determine whether they meet the criteria as planned actions . . . . . - . ., . , ., . , -_ . •- , -- .. . . - . The review procedure shall consist, at a minimum, of the following: (i) Development applications will meet the requirements of the Federal Way Revised Code(FWRC)Titles 4, 8, 11 (Division III), 13, 14, 15 and 19 and Chapter 1.35 FWRC. Applications shall be made on forms provided by the city Ordinance No. 16- Page 8 of 11 Rev 1/15 (ii) The director of community development sees-will determine whether the application is complete as provided in FWRC 19.15.0405. (iii) After the city receives and reviews a complete application,the SEPA official shall determine, utilizing the criteria and procedures contained in subsection(3)(d) of this section and WAC 197-11-172, whether the project qualifies as a planned action. If the project does qualify as a planned action,the director of community development services-shall notify the applicant, and the project shall proceed in accordance with the appropriate permit procedures, except that no additional SEPA review,threshold determination or EIS will be required. (iv) For projects that qualify as planned actions, public notice shall be provided as specified in FWRC 14.15.060(3). (v) If a project is determined not to be a planned action, the director of community development services shall notify the applicant and prescribe a SEPA review procedure consistent with the city SEPA procedures and state laws. The notice to the applicant shall describe the elements of the application that result in disqualification as a planned action. (vi)Projects disqualified as a planned action may use or incorporate relevant elements of the environmental review analysis in the SEIS prepared for the planned action, as well as other environmental review documents to assist in meeting SEPA requirements. The SEPA official may choose to limit the scope of the SEPA review to those issues and environmental impacts not previously addressed in the SEIS. (4)Planned action area monitoring. The city center planned action section shall be reviewed periodically by the director of community development services to determine its continuing validity with respect to the environmental conditions of the project area and vicinity and applicability of planned action requirements, to ensure continued applicability of the transportation analysis and impacts. Based upon this review, this section may be amended as needed, and another review period may be specified. (5) Conflict. In the event of a conflict between this section or any mitigation measures imposed pursuant thereto and any ordinance or regulation of the city, the provisions of this section shall control. 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 r easo n,suc h decision shall not affect the validity i tY of the remainin g p ortions of this cha p ter or its application to any other person or situation. The City Council of the City of Federal Way hereby Ordinance No. 16- Page 9 of 11 Rev 1/15 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 five(5)days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 19th day of January, 2016. 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: Ordinance No. 16- Page 10 of 11 Rev 1/15 PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 16- Page 11 of 11 Rev 1/15 Y Map Date:November 2015 C it Of City of Federal Way GIS Division Federal Way 33325 8th AveS Exhibit A Federal Way WA 98003 253-835-7000 City Center Planned Action Area www ciryofledera way com i fi 7 yp 1. ilr s 4,-,... T-:.f ', J"7J*r 4:..4',.:.....:11. P. `E`i S. lic '1 r **, ray+ y+ j .�{ y .I!.. , : -41, •._ ' 1�2 3 th.St g- 1 . . r ti ,put I _ ,.x: a Sr L �, A -:- . p`a,ifi I. I •-•• ':- **^.- '' Ni -7.e.'1- :i ;•'''--Ili ' '::''''- : ' --:'IC ''''' " ' .'''''''' '''' , illi Iii ;:- • ,.cY >i, ,swomet j � . i f i" ► 1 +`fir a''}' '� } '' F, t S , .-7': ,� } .7,,:� ',} , ." '. — f i' • i :. - . S 320th St ' ' >• ,.-,it - ,-,. 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Exhibit B Planned Action Mitigation Document The City of Federal Way issued the 2016 City Center Planned Action Draft Supplemental Environmental Impact Statement on October 16, 2015, and Final Supplemental Environmental Impact Statement on December 30, 2015. The Draft and the Final Supplemental Environmental Impact Statements are referenced collectively herein as the "SEIS." The SEIS has identified probable, significant impacts that would occur with the future development of the Planned Action area, together with a number of potential measures to mitigate those significant impacts. USE OF TERMS The Planned Action area may be referred to as the "City Center Planned Action area," "project site,"or"project area" in this document. Unless stated specifically otherwise, the mitigation measures that require preparation of plans, conduct of studies, construction of improvements, conduct of maintenance activities, etc., are the responsibility of the applicant or designee. MITIGATION Mitigation measures identified in the SEIS are listed here for use in conjunction with proposed projects to mitigate related impacts and to qualify as Planned Action projects. Consistency review under the Planned Action and other permit approvals will be required for specific development actions under the Proposed Action pursuant to WAC 197-11-172 and Federal Way Revised Code (FWRC) 14.15.060. Additional project conditions may be imposed on Planned Action projects based upon the analysis of the proposal in relationship to requirements of the city, state, or federal requirements or review criteria. Compliance with FWRC 14.15.130 (City center planned action) is required. ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Chapter 3 of the SEIS identifies significant impacts, unavoidable adverse impacts and mitigation measures for potential impacts associated with air quality, land use, aesthetics, light and glare, transportation, public services, and utilities. Please refer to the Final SEIS for complete text associated with each element of the environment. Following are the mitigation measures identified in the SEIS: Air Quality Mitigation Measures • Construction activities related to development approved under the Planned Action Designation could generate fugitive dust, which could be mitigated using the following best management practices: o Use water sprays or other non-toxic dust control methods on unpaved roadways. o Minimize vehicle speed while traveling on unpaved surfaces. o Prevent track-out of mud onto public streets. o Cover soil piles when practical. o To the extent practical, minimize work during periods of high winds. • Burning of slash or demolition debris is not permitted without express approval from PSCAA. No slash burning is anticipated for any construction projects in the City Center. • Mobile construction equipment and portable stationary engines would emit air pollutants including NOx, CO, and PM10. These emissions would be temporary and localized. It is highly unlikely that the temporary emissions would cause ambient concentrations at adjoining parcels to approach the NAAQS limits. Typical mitigation measures to minimize air quality and odor issues caused by tailpipe emissions include the following: o Maintain the engines of construction equipment according to manufacturers' specifications. o Minimize idling of equipment while the equipment is not in use. Land Use Mitigation Measures • Existing development standards along the edges of the Planned Action area appear to be adequate to allow for a compatible transition from more intensive to less intensive uses. However, as development occurs this transition area should be evaluated to confirm that long- term land use compatibility impacts are not being created. If necessary, new development standards for edge areas should be considered. Techniques could include site and building lighting limits, requirements for landscaping,noise control, and other measures. Aesthetics,Light and Glare Mitigation Measures • Continued use of the city's Community Design Guidelines and review/approval process to monitor and mitigate potential impacts associated with light and glare, shadows, and aesthetic impacts resulting from new development, including structured parking. • Increased building height for multi-unit structures in the City Center Core zone would be permitted only with review through the city's design review process, as set forth in the Community Design Guidelines. • Monitor shade conditions as development occurs and amend the city's Community Design Guidelines to require site-specific shadow analysis in public places as needed. Transportation Mitigation Measures This section summarizes the proposed mitigation anticipated to be required beyond the roadway improvements assumed to be constructed by 2025. These projects are listed on the City Transportation Improvement Plan and Capital Improvement Program. Planned Action Mitigation Document Page 2 of 8 Existing Roadway Network Both the No Action and Action Alternatives would increase the density and activity within the Federal Way City Center area. The increased density could increase traffic congestion; however, these increases may be offset by reduced vehicle travel demand resulting from mixed-use development, improvements to pedestrian facilities, and improved transit services. The Action Alternative results in a decrease in average vehicle delay at all study area intersections during the PM peak hour except for 3 intersections that experience an increase of approximately 3 seconds of average vehicle delay. For all intersections, the level of service (LOS) grade does not degrade between the No Action and Action Alternatives. Because the level of service grade does not change, the transportation impacts of the Action Alternatives are less than significant and no mitigation is proposed under the Transportation Impact Analysis. While there are no impacts and thus no mitigation required for the Action Alternatives, Federal Way, Sound Transit, and WSDOT are making and planning significant investments in the area's transportation network to increase the capacity of the transportation system. These projects include the following: • Interstate 5 — SR 161/SR18 Triangle Project: the reconstruction upgraded ramps and improved connections to and from I-5, SR 18 and SR 161. The benefits of this project are increased travel capacity and safety improvements. • Pacific Highway (SR 99) Phase V High Occupancy Vehicle (HOV) Lane improvements, which widened the existing 5-lane roadway to a 7-lane section including center median, curb, sidewalk and streetlight. The project is planned for construction in 2016. • Federal Way Link Extension project with plans to extend light rail from Downtown Seattle to the Federal Way Transit Center. • The City's adopted Pedestrian and Master Plan, which proposes projects to add capacity for walking and bicycling and enhance accessibility in the area. These types of projects also reduce vehicle trip making by making it easier for people to park once and walk to multiple destinations. • The City's ITS Plan, which when implemented, will provide better traffic signal coordination and operations, improved corridor management during incidents, and increased vehicle capacity. Parking Additional parking spaces will be required on site for both the No Action and Action Alternatives. These spaces may be provided on the site or as part of parking garages assumed as part of the City Center development. The number of parking spaces required could be reduced through h shared parking arrangements or transportation demand management programs. This reduction could vary from 10 to 20 percent based on the effectiveness and robustness of the programs implemented. Planned Action Mitigation Document Page3of8 Additional Mitigation The mitigation identified in this section is focused on additional improvements that could be required to meet the expected travel demand on area roadways associated with the proposed development in the project area. Development will need to meet the requirements of applicable codes at the time of application. Such requirements might include the dedication of right-of-way; installing curbs, gutters, and sidewalks; drainage improvements; and other requirements of the city. Additional mitigation may be required for individual development applications within the project area to reduce area traffic impacts, or improve on-site circulation and to meet city and state requirements for Commute Trip Reduction and Transportation Demand Management. Actions to be considered include: On-Site Improvements Includes driveway and circulation action/improvements to minimize impact on area roadways. Actions may include management of access points, traffic control measures, construction of internal roadways, turn lanes, pedestrian and bicycle improvements, and connections to adjacent developments. Non-Motorized Mode Improvements Mitigation may be required per site specific and land use development proposals to address pedestrian, bicycle, and transit improvements to support the plans, policies, and goals as noted within the City of Federal Way Transportation Element. Grid Roadway Development Part of the City Center Plan is to develop a numbe r of internal roadways to create smaller blocks that will improve the grid network and improve the access for pedestrians and vehicles. Right-of- way dedication and street improvements shall be a component of the development submittal phase of a proposed project within the project area. Roadways within the project area must meet specific "City Center" design standards as specified in the Transportation Element (Chapter 3) of the City of Federal Way Comprehensive Plan. Right-of-Way Dedication Right-of-way dedication and frontage improvements may be required in conjunction with proposed developments. Roadways within the project area must meet specific "City Center" design standards as specified in the Transportation Element (Chapter 3) of the City of Federal Way Comprehensive Plan. Transportation Demand Management (TDM) TDM actions can be used to reduce the impact of the project and as a mitigation action. These actions may include provision of transit passes to tenants and employees, ridesharing programs, priority carpool parking, and guaranteed ride home programs. TDM actions are designed to primarily address commute trips and may not be applicable as mitigation for all developments. The Federal Way Comprehensive Plan summarizes TDM alternatives by their functional grouping and potential effectiveness, implementation difficulties, and expected cost Planned Action Mitigation Document Page 4 of 8 effectiveness. These strategies include: telecommuting; parking management and pricing; flexible work schedule; rideshare programs; traveler information; public relations; and marketing. Following is a list of recommended mitigation measures that can be considered in conjunction with individual development projects within the project area: 1. Encourage voluntary expansion of the CTR Program to employers of less than 100 employees. The encouragement by employers may be as diverse as subsidized bus passes, car pool space priority, bike racks, shower facilities, van pools, car pool information access, telecommuting, variable work hours, etc. 2. Encourage the formation and expansion of area-wide ride-sharing programs. Such programs operate with little direct cost to the city and are highly cost effective. 3. Support the enhancement of park and ride facilities and transit centers to supplement the regional system, either directly through physical development or enhancements, or indirectly through development conditions where employer vans are required to shuttle employees to park and ride facilities or transit centers. 4. Facilitate enhancements to the HOV system. This may include the dedication of property for HOV lanes, construction of arterial HOV lanes within existing city right-of-way, and priority treatments for buses at traffic signals. At the very least, where feasible, opportunities to enhance access to the state system of HOV lanes should be considered. 5. Achieve increased densities and mix of uses to support public transportation, decrease trip generation and parking impacts. 6. Encourage facilities (shelters, loading spaces, etc.) to accommodate City Center shuttle service in association with development projects, together with enhanced pedestrian and bicycle access and security. 7. Improve pedestrian and bicycle access to bus routes and transit centers. This can be a requirement of subdivision, development, and redevelopment. The city may need to acquire easements and construct trail connections. Development incentives could be granted for providing such amenities that are pedestrian, bike, and transit friendly. While bicycle, pedestrian, and bus transit services and facilities may be desirable for other reasons; they should not be looked on as highly cost-effective strategies to the exclusion of those actions listed above. Neighborhood Traffic Control Development within the project area may be required to include actions to reduce the impact of cut through traffic on residential areas. Examples of neighborhood traffic control actions include: turn restrictions, speed controls, traffic enforcement, and parking restrictions. Parking Mitigation actions that reduce the parking requirements within the project area should be encouraged. Examples include shared parking, employee parking programs, parking time restrictions, and paid parking programs. Shared parking strategies focus on looking at Planned Action Mitigation Document Page 5of8 opportunities where adjacent uses have parking demand profiles that can support the sharing of a smaller amount of parking spaces. For example, an office building with an 8 am to 5 pm demand could share its parking with evening dominated uses such as restaurants or a cinema. A parking demand study, which shows the hourly parking demand profiles for adjacent uses and the potential for joint parking opportunities within a mixed-use development, can be used to reduce the number of parking spaces. In addition, contained in the above TDM mitigation are strategies that overlap with parking mitigation plans for development. A development may propose a plan and management system to the city for approval upon submittal of the development permit. Those items may contain the following in support of the City of Federal Way and state Commute Trip Reduction (CTR) requirements: Alternative Mode Support Measures Public education and promotion may increase the effectiveness of these other strategies up to three percent. Area-Wide Ride Matching Services May result in a 0.1-3.6 percent reduction in vehicle miles traveled (VMT) and an up to 2.5 percent VMT reduction in transit services. Reductions in parking required may be calculated on the basis of these lower trip-generation rates. Vanpool Service May result in an up to 8.3 percent in commute VMT, as well as a reduction in transit and vanpool fares up to 2.5 percent. Reductions in parking required may be calculated on the basis of these lower trip-generation rates. Non-Motorized Modes Plan and Implementation May result in an up to 0-2 percent regional VMT reduction. Reductions in parking required may be calculated on the basis of these lower trip-generation rates. HOV Facilities May result in an up to 1.5 percent VMT reduction and 0.2 percent vehicle trip reduction. Reductions in parking required may be calculated on the basis of these lower trip-generation rates. On Site Development of Park and Ride Program May result in up to 0-0.5% VMT reduction. Reductions in required parking may be calculated on the basis of these lower trip-generation rates. Employer-Based TDM Measures Parking Mitigation Monetary incentives may result in an up to 8-18 percent trip reduction at the site. Reductions in required parking may be calculated on the basis of these lower trip-generation rates. Planned Action Mitigation Document Page 6 of 8 Alternative Work Schedules May result in as much as a 1 percent regional VMT reduction. Reductions in required parking may be calculated on the basis of these lower trip generation rates. Commute Support Programs May result in up to 0.1-2.0 percent regional VMT reduction. Reductions in required parking may be calculated on the basis of these lower trip generation rates. Parking Management May result in up to a 20 to 30 percent reduction in SOV trips to/from the site. Reductions in required parking may be calculated on the basis of these lower trip-generation rates. Telecommuting Up to 10 percent commute VMT reduction. Reductions in required parking may be calculated on o the basis of these lower trip-generation rates. Other Strategies Parking Tax May result in up to a 1 to 5 percent reduction in regional VMT and trip generation, but requires City Council and/or legislative action. Reductions in required parking may be calculated on the basis of these lower trip-generation rates. Development Parking Impact Mitigation Requires City Council approval to allow for payment of parking-mitigation funds towards long term investments in structured parking solutions in lieu of full parking requirement. Reductions in required parking may be calculated on the basis of these lower trip-generation rates. Mixed Land Use/Jobs Housing Balance May result in VMT reductions up to 10 percent. Parking stall credit is given based on overlapping shared usage of mixed facility, per city code provisions. Transit-Oriented and Pedestrian-Friendly Design Site and building design that encourages transit usage and/or walking may reduce overall parking requirement. Requires design review and staff approval. Employment Center Density i employment Achievement of sufficient density within the City Center to constitute a regional p ym ent center may reduce SOV work trips to individual development projects by up to 50 percent. Parking stall reductions may also apply to developments. Other Parking Management Plans May mitigate 1 to 5 percent region-wide VMT, provided enforcement issues are addressed in the mitigation plan. Action Mitigation A ation Document g Page 7 of 8 Transportation Impact Fee Under 2006 EIS Addendum #3 (November 2010), the transportation impact fee (TIF) program (FWRC 19.91), was to replace the established pro-rata mitigation fee per PM vehicle trip identified in Exhibit B to Ordinance 07-547,the Planned Action adoption ordinance. Development within the Planned Action area will be required to pay the required transportation impact fee as prescribed in FWRC 19.91 and the adopted city fee schedule. This practice complies with the state's Growth Management Act (GMA) intent that new growth would pay a proportionate share of the cost of new facilities needed to serve the new growth, and also mitigate the adverse impact of future development within the Planned Action area. The transportation impact fee is collected and spent for system improvements included within the list of transportation capital facilities in the city's comprehensive plan transportation element. Public Services Mitigation Measures • Coordinate with the Police Department and South King Fire & Rescue during final design, construction, and operation of future development to ensure that reliable emergency access is maintained. • Coordinate with the Parks, Recreation, & Cultural Services Department to identify opportunities for increased recreational open space for general public use throughout the project area, and within new development proposals. • Reduce public safety impacts through adherence to crime prevention through environmental design(CPTED) design standards. • Provide emergency service providers with advanced notice of construction schedules and any planned street closures or blockages. • Avoid or minimize street closures or blockages during construction to avoid impact to emergency response times. Utilities Mitigation Measures • Ensure that all new development complies with local, state, and federal standards for energy conservation. • Encourage drought-tolerant landscaping (xeriscaping) for new development. • Encourage new development to incorporate appropriate water conservation measures into their operations. • Plan with service providers to minimize impacts of utility relocations (equipment procurement times,relocate in advance of construction, etc.). • Inform utility customers of any planned temporary service disruptions. • Coordinate with all utility companies on the design of the new services and connections. Planned Action Mitigation Document Page 8 of 8 COUNCIL MEETING DATE: To/wry iq ttgo ITEM#: 71) CITY OF FEDERAL WAY CITY COUNCIL • AGENDA BILL SUBJECT: ORDINANCE:Amending Chapter 19.45 Federal Way Revised Code(FWRC)-Variances POLICY QUESTION: Should the City amend the zoning variance procedures to allow administrative variances for requests that do not exceed 25 percent of the measurable standard. COMMITTEE: Land Use and Transportation Committee MEETING DATE: Dec. 7, 2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Matt Herrera, AICP—Senior Planner DEPT: Community Development Attachments: 1. Updated LUTC Memorandum. 2. Updated Draft ordinance. 3. Planning Commission Public Hearing Packet(Oct. 7, 2015). Options Considered: 1. Adopt the Planning Commission's recommendation as further amended by the LUTC as shown in the updated draft ordinance; 2. Do not adopt the amended recommendation and provide direction to staff. MAYOR'S RECOMMEND ION: Option 1 MAYOR APPROVAL: # 5f�" f / •DIRECTOR APPROVAL: '� d) C mittee ouncil Initial/Date ial/D./ Initial/r-e CHIEF OF STAFF: j.L.14J■ Aril N /, �/' _ 1.1111 I ou•. nit y��)ate Initi.'l ate COMMITTEE RECOMME DATION: I move to forward the proposed ordinance to First Reading on January 5, 2016 e � fit," .C. Lt - >1 �"c, �,/10 a Bob Celsi, Dally Maloney, r'7 Lydia Assef. D a Chair Committee Member - Committee ember PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (DATE): "I move to forward approval of the ordinance to the January 19, 2016 Council Meeting for enactment. " 2ND READING OF ORDINANCE(DATE): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: �n ❑ APPROVED COUNCIL BILL# v ❑ DENIED IsT reading O i-O5 y V I( ❑ TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-1/2015 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: November 24,2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: Matt Herrera,AICP—Senior Planner SUBJECT: Variance Procedure Text Amendment BACKGROUND: The City provides a mechanism for property owners to apply for variances to the Zoning and Development Code.Variances are only approved for hardships due to special circumstances relating to size,topography, location,or surroundings of their lot or parcel that result in property owners being unable to build improvements that are typical of that area. Four specific criteria need to be met in order to obtain variance approval. The Community Development Department currently processes variances via the City's contracted Hearing Examiner.This process requires a public hearing,two notice periods, and up to 10-business days following the hearing for a decision. This type of decision-making process adds additional time and costs to applicants and the City compared to the administrative land use review procedure. Update—During the November 2,2015, LUTC meeting,the committee requested that staff amend the ordinance to provide additional opportunity for citizen comment. MAYOR'S RECOMMENDATION: The proposed text amendment allows administrative variances issued by the Community Development Director for variances up to 25 percent from code requirements.For example,a single-family homeowner who applies for a variance to reduce their 20-foot front yard setback to a 15-foot setback due to hardship would qualify for an administrative review process. No changes to the approval criteria are proposed. The text amendment is procedural only.The existing public hearing and Hearing Examiner approval procedure would remain in place for variance requests exceeding the 25 percent threshold. Update — The Mayor's recommendation now provides an additional notice period prior to issuing an administrative variance decision. A Notice of Impending Decision will be issued at least 15-days prior to an administrative variance decision. The amended recommendation now provides two notice periods (Notice of Application and Notice of Impending Decision)that will follow administrative land use permit distribution methods. The Mayor recommends the proposed code amendment be adopted by City Council. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to variances; amending FWRC 19.45.010 and 19.45.020; and adding a new section to Chapter 19.45 FWRC. (Amending Ordinance Nos. 90- 43 and 97-291) 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 a new administrative variance procedure for proposals that do not exceed 25 percent of the measurable zoning standard within the City of Federal Way; and WHEREAS, the proposed amendments provide an efficient and timely decision making process; and WHEREAS, the proposed amendments relate to governmental procedures containing no substantive standards respecting use or modification of the environment; therefore, the proposed amendments are categorically exempt from environmental threshold determination requirements delineated in WAC 197-11-800(19); and Ordinance No. 15- Page 1 of 5 Rev 1/15 LU WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on October 7, 2015, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on November 2, 2015 and requested staff include provisions for a second notice period prior to issuing an administrative variance decision; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on December 7, 2015, and recommended adoption of the text amendments. 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. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by making the variance process more efficient. (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. Ordinance No. 15- Page 2 of 5 Rev 1/15 LU (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: LUG2 Develop an efficient and timely development review process based on a public/private partnership. LUP4 Maximize efficiency of the development review process. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. EDP2 Periodically monitor local and regional trends to be able to adjust plans, policies, and programs. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it provides timely decision-making for applicants who may • have unique hardships in developing a particular property. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it streamlines decision-making and reduces costs for applicants and the city. Section 3. FWRC 19.45.010 is hereby amended to read as follows: 19.45.010 Procedure generally. Ordinance No. 15- Page 3 of 5 Rev 1/15 LU The city will use process IV, Chapter 19.70 FWRC, to review and decide upon an application for a variance.-, with the exception of an administrative variance pursuant to FWRC 19.45.015 in which case the city will use process III, Chapter 19.65 FWRC. Section 4. Chapter 19.45 of the Federal Way Revised Code is hereby amended to add a new section"Administrative variance"to read as follows: 19.45.015 Administrative variance (1) Scope. The community development director may grant a variance that does not exceed 25 percent of the measurable standard. (2) Additional notice. A notice of impending decision shall be issued with content items and distribution methods set forth in FWRC 19.65.070 at least 15-days prior to the director's decision. Section 5. FWRC 19.45.020 is hereby amended to read as follows: 19.45.020 Application information. In addition to the application materials required in Chapter 19.65 FWRC or Chapter 19.70 FWRC, the applicant shall submit a completed application on the form provided by the community development department, along with all of the information listed on that form. Section 6. 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 7. 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 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 15- Page 4 of 5 Rev 1/15 LU Section 9. 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 ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 15- Page 5 of 5 Rev 1/15 LU QpsT e4 44'41, Federrai Way % WJ ■ s990_2o,�ti PLANNING COMMISSION MEMORANDUM TO: Tom Medhurst,Chair of the Federal Way Planning Commission VIA: Michael A.Morales, Community Development Director FROM: Matthew Herrera,AICP, Senior Planner Isaac Conlen, Planning Manager DATE: September 30,2015 SUBJECT: Zoning and Development Code Text Amendments Related to Variance Procedures HEARING DATE: October 7,2015 A. POLICY QUESTION Should the City allow an administrative process for variances to provisions of the zoning and development code? B. MAYOR'S RECOMMENDATION The Mayor recommends allowing administrative variances in limited circumstances by allowing up to 25 percent relief to zoning code requirements such as setbacks,lot coverage, lot size,and height. C. ATTACHMENTS • Exhibit A—Proposed Text Amendments to Federal Way Revised Code(FWRC)Title 19, "Zoning and Development Code" • Exhibit B—Jurisdictional Comparisons • Exhibit C—Stakeholder Group Notification D. SUMMARY This city-initiated proposal is an effort to streamline decision-making procedures in the zoning code and reduce costs associated with the use of the city's third party Hearing Examiner.Current review procedures require all variances to zoning regulations be issued by the city's contracted Hearing Examiner.The Hearing Examiner presides over a public hearing on the variance and then is allowed 10-working days following the hearing to issue a written decision. Planning Commission Staff Report October 7,2015 Variance Procedures Text Amendment Page 1 The Mayor's recommendation allows administrative variances issued by the Community Development Director for variances of up to 25 percent from code requirements. The result of this text amendment would provide timelier decision-making and reduced costs for the city,while preserving the ability for public hearings presided over by the Hearing Examiner for significant variances or if an administrative variance decision is appealed. E. ANALYSIS OF RECOMMENDATION Current Practice Cities that administer zoning regulations provide a mechanism to allow relief from those regulations when they cause an undue hardship or the inability for a property owner to build improvements that are typical for that property.The City of Federal Way administers this relief by way of a variance. The city may grant a variance if all of the following four criteria can be met: 1. That the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located. 2. That the variance is necessary because of special circumstances relating to the size, shape,topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located. 3. That the granting of the variance will not be materially detrimental to the public welfare,or injurious to the property or improvements in the vicinity and zone in which the subject property is located. 4. That the special circumstances of the subject property are not the result of the actions of the owner of the subject property. The city's permitting database indicates that most variance applications have been associated with single-family residential improvements.Examples of variances that have been granted are instances related to lot coverage,' setbacks,lot size,and height. The current process to review variances is for staff to review the application and then provide an analysis and recommendation for approval or denial to the city's contracted Hearing Examiner.A public hearing is then scheduled where the Hearing Examiner presides and hears testimony. Following the hearing,the examiner is allowed 10-working days to issue a decision. Proposed Changes The purpose of this text amendment is to allow an administrative decision by the Community Development Director for variance applications that request up to 25 percent relief of code requirements. All variance applications that exceed the above-referenced thresholds would remain Hearing Examiner decisions. This text amendment does not propose to amend any substantive decision-making criteria. If approved as presented,the text amendment only changes the decision- maker for those applications that are below the aforementioned thresholds. Lot coverage is the amount of impervious surfaces the are allowed on a property. Planning Commission Staff Report October 7,2015 Variance Procedures Text Amendment Page 2 The Community Development Department requested this item for Planning Commission consideration as a streamline and cost-saving measure.Processing time for applications that require a public hearing and Hearing Examiner decision is longer than administrative decisions,which are issued by the Community Development Director.This is due to additional noticing requirements, scheduling the public hearing with the Hearing Examiner,and the standard 10-working day allowance provided to the examiner to issue the decision following the hearing.Additionally,the cost for public hearings is considerable. Staff resources to review and provide a recommendation along with the hourly rate and reimbursable for the Hearing Examiner to preside over the hearing and then issue a decision can exceed the permit fee the city takes in for a variance. The text amendment would allow an applicant to receive a decision on a variance application in a shorter time period with a cost savings to the city.Also,the proposal requires similar public notice requirements as the public hearing requires. The ability for citizens and neighbors to provide comments to the decision-maker for an administrative variance would remain under the proposed amendments.Existing public hearing and Hearing Examiner decision requirements would continue for significant variance requests(those over the thresholds)and any variance that is appealed. Providing a procedure for administrative variances is typical for local jurisdictions.As provided in the attached South King County City Comparison,five of the six surveyed cities provide administrative variances,with Renton and Burien processing all variances administratively. F. PROCEDURAL SUMMARY The proposed text amendment is a procedural amendment to the zoning and development code and therefore exempt from an environmental threshold determination pursuant to State Environmental Policy Act Rules 197-11-800(19)(a). Public notice of the Planning Commission hearing was published in the Federal Way Mirror and posted on the city designated bulletin boards September 18,2015.This staff report was issued on September 30,2015,and emailed to members of the Planning Commission and department stakeholders. G. BASIS FOR PLANNING COMMISSION ACTION FWRC Title 19,"Zoning and Development Code,"Chapter 19.80,"Process VI Review,"establishes a process and criteria for development regulation amendments.Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the proposed development regulation amendments. 2. To determine whether the proposed development regulation amendment meets the criteria provided by FWRC 19.80.130(item H below). 3. To forward a recommendation to City Council regarding adoption of the proposed development regulation amendment. Planning Commission Staff Report October 7,2015 Variance Procedures Text Amendment Page 3 H. DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for development regulation amendments. The following section analyzes the compliance of the proposed amendments with the criteria provided by FWRC 19.80.130. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. Staff Response—The proposed code amendment is consistent with the following goals and policies: LUG 2—Develop an efficient and timely development review process based on a public/private partnership. L UP4-Maximize efficiency of the development review process L UP6-Conduct regular reviews of development regulations to determine how to improve upon the permit review process. EDP2—Periodically monitor local and regional trends to be able to adjust plans, policies and programs. 2. The proposed amendment bears a substantial relationship to public health,safety,or welfare. Staff Response—The proposed code amendment bears a substantial relationship to public welfare as it provides timely decision-making for applicants that may have a unique hardship in developing a particular property. 3. The proposed amendment is in the best interest of the residents of the city. Staff Response—The proposed code amendment is in the best interest of the city as it. streamlines decision-making and reduces costs. I. PLANNING COMMISSION ACTION The Mayor recommends allowing administrative variances for up to 25 percent relief from code requirements as shown in Exhibit A. Consistent with the provisions of FWRC 19.80.240;the Planning Commission may take the following actions regarding the proposed development regulation amendments: 1. Recommend to City Council adoption of the FWRC text amendments as proposed; 2. Modify the proposed FWRC text amendments and recommend to City Council adoption of the FWRC text amendments as modified; 3. Recommend to City Council that the proposed FWRC text amendments not be adopted;or 4. Forward the proposed FWRC text amendments to City Council without a recommendation. Planning Commission Staff Report October 7,2015 Variance Procedures Text Amendment Page 4 Exhibit A Chapter 19.45 Variances Sections: 19.45.010 Procedure generally. 19.45.015 Administrative variance. 19.45.020 Application information. 19.45.030 Criteria for grant. 19.45.040 Denial. 19.45.010 Procedure generally. The city will use process IV,Chapter 19.70 FWRC,to review and decide upon an application for a variance:,with the exception of an administrative variance pursuant to FWRC 19.45.015 where the city will use process III,Chapter 19.65 FWRC. (Ord.No.97-291,§3,4-1-97;Ord.No.90-43,§2(120.10),2-27-90.Code 2001 §22-196.) 19.45.015 Administrative variance The community development director may grant a variance that does not exceed 25 percent of the measurable standard. 19.45.020 Application information. In addition to the application materials required in Chapter 19.65 FWRC or Chapter 19.70 FWRC,the applicant shall submit a completed application on the form provided by the went of community development department,along with all of the information listed on that form. (Ord.No.90-43,§ 2(120.15),2-27-90.Code 2001 §22-197.) 19.45.030 Criteria ria C to for g rant. The city may grant the variance only if it finds all of the following: (1)That the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located. (2)That the variance is necessary because of special circumstances relating to the size,shape,topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located. (3)That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. (4)That the special circumstances of the subject property are not the result of the actions of the owner of the subject property. (Ord.No.90-43,§ 2(120.20),2-27-90.Code 2001 §22-198.) 19.45.040 Denial. The city may grant a variance to any of the provisions of this title except: (1)The city may not grant a variance to any provision establishing the uses that are permitted to locate or that may continue to operate in any zone; (2)The city may not grant a variance to any of the provisions of this chapter; (3)The city may not grant a variance to any of the procedural provisions of this title;and • (4)The city may not grant a variance to any provision that specifically states that its requirements are not subject to variance. (Ord.No.90-43,§2(120.25),2-27-90.Code 2001 §22-199.) Planning Commission Staff Report October 7,2015 Variance Procedures Text Amendment Page 5 Exhibit B South King County City Comparison City Code Citation Administrative Terms Federal Way 19.45.010 No All variances require Hearing Examiner decision. 25 %maximum for setbacks, lot coverage, lot width, and Auburn 18.70.015 Yes lot area. 50% for height. All others granted by Hearing Examiner. Des Moines 18.35.070 No Hearing Examiner grants all variances. Burien 18.65.085 Yes All variances administrative 25%maximum for setbacks, Kent 15.09.042 Yes lot coverage, and building height. All others granted by the Hearing Examiner. All variances administrative, Renton 4-9-250 Yes unless underlying permit requires Hearing Examiner decision. 20% maximum. Variances for height, aesthetics, equipment enclosure, PWSF Sea-Tac 15.22.020 Yes freestanding pole height, and all other regulations over the 20%threshold require Hearing Examiner decision. Planning Commission Staff Report October 7,2015 Variance Procedures Text Amendment Page 6 Exhibit C Stakeholder Group Notification Name Affiliation E-Mail Alex Wilford Master Builders Association awilford @mbaks.com Bill McCaffrey WJM Studio wjmccaffrey@comcast.net comcast.net Bob Cooper Lloyd Enterprises bobc@lloydenterprisesinc.com Bob Roper Citizen bob.roper @comcast.net Chad Weiser OTAK chad.weiser @otak.com Chris Ingham South King Fire&Rescue chris.ingham(a,southkingfire.org Cynthia Stanley Lee The Commons cleena,tcafw.com Dale A Roper The Roper Company roperdalena,aol.com Dave Thorstad Developer dltarchitect @comcast.net Gareth Roe BCRA groe @bcradesign.com Gil Hulsmann Abbey Road Group gil.hulsmann@abbeyroadgroup.com Gordon Goodsell South King Fire&Rescue gordon.goodsell@southkingfire.org Jeff Greene Greene Gassaway jeffggarchAseanet.com Jennifer Dovey Windermere jsdovey @windermere.com John Bowman Lakehaven Utility District jbowman @lakehaven.org Mark Clirehugh GVA,Kidder,Mathews, Segner markc @gvakm.com Mark Freitas Developer markfccimAcs.com Mike Bailey LDG Architects mike @ldgarchitects.com Monte Powell Powell Homes monte @powell-homes.com Peter Townsend Citizen petert8@me.com Rebecca Martin Federal Way Chamber rmartin @federalwaychamber.com Rod Leland Federal Way Public Schools rleland @fwsd.wednet.edu Sam Pace Sea/KC Association of Realtors sampace @concentric.net Tom Barghausen Barghausen Consulting Engineering tbarghausen@barghausen.com Planning Commission Staff Report October 7,2015 Variance Procedures Text Amendment Page 7 COUNCIL MEETING DATE: -4-In{,{C{2 lei, Wl(Ii ITEM#: 7c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: Proposed code amendment related to permits for encroachments into the public right-of-way adding a new section to Chapter 4.25 FWRC. POLICY QUESTION: Should the City Council adopt and enact the proposed ordinance adding a new section to Chapter 4.25 FWRC to allow applicants to apply for and acquire permits to add removable,nonpermanent additions to buildings that would encroach into the public right-of-way? COMMITTEE:Land Use and Transportation Committee MEETING DATE: December 7, 2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Mark Orthmann, Assistant City Attorney DEPT: Law Attachments: Proposed Ordinance Background: The FWRC does not allow removable,nonpermanent additions to buildings—such as awnings and canopies—to encroach into the public right-of-way. Allowing such encroachments into the right-of-way would enhance the aesthetics of new development in the City and improve weather protection for citizens on public sidewalks. The proposed amendment will create a new right-of-way encroachment permit and permitting process for such encroachments. Options Considered: (1)Approve the proposed ordinance and forward to City Council for first reading; or (2)Decline to adopt the ordinance as proposed and provide direction to staff. MAYOR'S RECOMMEND I N: Option 1. MAYOR APPROVAL: `/ J DIRECTOR APPROVAL: 43P (1-30"IS Qom- ittee C r 'I Initial/Date doler Initial/Dat- Inii Pate CHIEF OF STAFF: ,l6.(411/��;� Q�l die Co Pi '. .i ncil Ini,�l I t /Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to first reading on January 5, 2016 ' ,, ,C. ), eft r�k ' I.%►�\� 1 � �... � Iii:... ��--- Bob Celski, Chair Kell M.ine , Member L (•f. Assefa-..11 son,Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (JAN. 5): "I move to forward the proposed ordinance to the January 19, 2016, Council Meeting for second reading and enactment. " 2ND READING OF ORDINANCE(JAN. 19): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading 01-06-20i(i ❑ TABLED/DEFERRED/NO ACTION Enactment reading or MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-1/2015 RESOLUTION# ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, adding a new section to Chapter 4.25 FWRC relating to permits for encroachments into the public right-of-way. WHEREAS,the City of Federal Way regulates activities and uses in the public right-of-way in order to protect the use of the public right-of-way, regulate traffic, and promote public health, safety, and welfare; and WHEREAS, the Federal Way Revised Code does not currently allow for removable, nonpermanent additions to buildings to encroach into the right-of-way; and WHEREAS,allowing removable,nonpermanent additions to buildings,such as awnings and canopies,to encroach into the right-of-way would enhance the aesthetics of new development in the City; and WHEREAS,removable, nonpermanent additions to buildings that extend into the right-of- way improve the pedestrian experience by providing weather protection for citizens on public sidewalks; and WHEREAS,the City Council wishes to modify the regulation of the public right-of-way and finds it reasonable to permit removable, nonpermanent additions to buildings to encroach into the right-of-way under certain circumstances; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 4.25 of the Federal Way Revised Code is hereby amended to add a new section 4.25.105 to read as follows: Ordinance No. 15- Page 1 of 4 Rev 1/15 4.25.105 Encroachments into public right-of-way • (1) The public works director, or designee, is authorized to issue a permit for removable, nonpermanent additions to buildings to encroach into the public right-of-way at the property owner's risk and subject to the following conditions: (a) The applicant shall file a completed application with the public works department on the form provided by the department. (b) With the application, the applicant shall submit the fee established by resolution of the City Council. The application shall not be accepted unless it is accompanied by the required fee. (c) Proper plans and specifications for the proposed encroachment are submitted to the public works department. (d) The encroachment complies with the applicable sections of the Federal Way Revised Code with regard to structural safety, traffic, sanitation, fire safety requirements, and any other criteria deemed necessary by the public works director or designee. (e) The request shall be evaluated by the public works director, or designee, in regard to any adverse effect on adjoining property. (f) There shall be no interference with the use of the public street for roadway, sidewalk, existing or proposed utilities, and other authorized uses. (g) The applicant shall provide any information or material that the public works director, or designee, determines is reasonably necessary to evaluate the request. (h) The encroachment will be maintained in good order. (i) The encroachment must be removable so that when requested to do so by the public works director, designee, or other public authority having jurisdiction, the owner will remove the encroachment from the right-of-way at his or her expense. (j) No permanent encroachment into the right-of-way will be allowed under this section. (k) The permit shall be revocable for failure to comply with this chapter by the director of public works or designee. (1) The owner will hold the City of Federal Way and all its elected officials, officers, employees, agents, representatives, and volunteers harmless on account of the encroachment and will provide the City with a certificate of insurance for the encroachment into the right-of-way in an amount approved by the director of public works. (m)The requirements of this Section shall not supersede or act in lieu of permitting requirements under other Sections of the Code. Regardless of any review, approval, inspection, or other actions of the City, it is the responsibility of the applicant to ensure that all work, actions, or conditions on the subject property comply with this title, any permits or approvals granted under this title, and all other applicable laws or permits. Ordinance No. 15- Page 2 of 4 Rev 1/15 Section 2.The permit fee shall be set at the rate for the right-of-way use permit as prescribed in the City's Fee resolution. Section 3. 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 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5.Ratification.Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 20 CITY OF FEDERAL WAY MAYOR, JIM FERRELL Ordinance No. 15- Page 3 of 4 Rev 1/15 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 4 of 4 Rev 1/15