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Council PKT 07-19-2016 RegularThe City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall July 19, 2016 – 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Proclamation “National Friendship Day – August 7, 2016” b. Proclamation “Salute to Boeing – 100 Years” c. Volunteer Recognition – Northwest Church Senior Pastor Steven Schell d. Certificates of Appointment – Diversity Commission e. Mayor’s Emerging Issues and Report  Town Square Park Grand Opening Report  Summer Movies in the Park – “Pan” at Town Square Park on July 30th at 9:00 p.m.  National Night Out – August 2nd  August City Council Meeting Schedule 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: July 5, 2016 Regular and Special Meetings … page 3 b. Sacajawea Middle School Safe Routes to Schools – Bid Award … page 10 c. Submittal of Transportation Grant Applications … page 13 d. Laser Technology, Inc. TruSpeed Mapping Kit Crime Scene Documentation & Collision Reconstruction Equipment Purchase & Replacement Reserve Fund … page 15 e. Reallocation of Red Light Traffic Safety Cameras to School Zone Traffic Safety The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. Cameras … page 24 f. Edward Byrne Memorial Justice Assistance Grant (JAG) Program for FY 2016 … page 31 g. CHI Franciscan Health Violence Prevention Initiative Youth Safety Mini -Grant … page 39 h. King County Registered Sex Offender Cost Reimbursement Agreement … page 44 6. PUBLIC HEARING a. Abatement Cost Recovery - Garner … page 55  Staff Report – Scott Sproul, Interim Community Development Director  Citizen Comment  Council Questions/Discussion 7. ORDINANCES First Reading … page 65 a. Council Bill #709/Amending Title 19, Federal Way Revised Code (FWRC) Impact Fee Collection Deferral Program AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AN IMPACT FEE PAYMENT DEFERRAL PROGRAM; AMENDING FWRC 19.91.060, 19.95.050, 19.100.060, AND 19.100.070; REPEALING FWRC 19.91.065; AND ADDING NEW SECTIONS TO CHAPTERS 19.91, 19.95, AND 19.100 FWRC. (Amending Ordinance Nos. 90-39, 95-249, 97-293,09-627, 10-658, 11-710, 12-727 AND 15-783) 8. COUNCIL REPORTS 9. EXECUTIVE SESSION  Property Acquisition Pursuant to RCW 42.30.110(1)(b) 10. ADJOURNMENT .d11111I11111t111111I,1ii1IIIit1 1111111111111111111111111111111 IIIIIII111i111IIIII1111111IIII1111t11111IIIII1:'IIII11,11!111111111111111111III111111IIIIII11..1.1111II1IllitlIIIII.I111111 tltlll llllltllllI111111111It1111tllllIII11111111IIIIII IIIIIII IIIII IItII 111111111111111111II IIIIIIIIIIIIIIIIIIIll IIII111111IIIIi Ii IIII{IIIIIIIIlttI N":9 Irqf W4:0 X Calitagg NqC*40 W°C.,IOW NSW 3141"4"NW'W SW IOW WA:1 WA:fl Wxf Wex,WV W.44? r 111111111 11111111111111111111111111111111111111111111111111111111111,YI1i1111f IIIllll11111111111111111111111111111t II111111111111111111111111111II111 t11111111111111111111111111111i111111111111t11111111111111111111111I II111illilillll11111111111111111111111111111111111111111111111: 4e. s vA i A, t . i. I CITY OF C '�. Federal WayAZ*. AA" ^A� !y <.gt, PROCLAMATION 7...-.•> 11*.,V1, National Friendship Day —August 7, 2016" VA; �<-. . f- q`• "101 I WHEREAS, National Friendship Day is a meaningful holiday reminding us to to lei "46:X1`'s observe this day in an appropriate manner, in accordance with •the culture and A ^e regional y►' other appropriate riate circumstances or customs of their local, national and a �i .�E i4,®!. PP P g ssi :e, >, � � communities, including through education and public awareness-raising A,w� .v II* activities;activities; and .4�!vAl AZ*, VWWHEREAS, Friendship Day helps people in recovery so they can heal and help V ,• ;r' ' one another, including those facing the tragic thoughts of suicide; and *Z . " •,r ,A" A ' it .�N. WHEREAS, saying a simple hello or being kind can literally change the life of A*v. $-. someone you may not even know; and sr. "r +4 WHEREAS, Friendship Day promotes happiness and health to our Community; ;- �!v. and b ,d, A� A, <a > i6 > *4' WHEREAS Federal Way residents Nick Wilson and our very own Superhero Aivk: Skyman have promoted the importance of this day showing a true and meaningful A.Z. VI" example of what it is to be a friend; and �A,X b!3k A-W.*; **1 NOW, THEREFORE, we the undersigned Mayor and City Council of the City win . of Federal Way do hereby proclaim August 7, 2016 as Friendship Day and 7-0--C; �if encourage everyone in our community to reach out to their friends and say hello I V�"'9! *:k and even try and make a new friend or two! A SIGNED this 19t day ofJuly, 2016 AAA, :40tede AAA, *1-49. F DERAL WAY MAYOR AND CITY COUNCIL 'A" t -> Jim ferret%Mayor / Jeanne Burbidge,Deputy Mayo, .i, ,, / AA. _• . to . _ 411x..:' , -Ile s• � i �.,,k L . -Ass f a-D a w s n ou n c member Kelly atone y, Counaimemb �V.*. 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Federal Way . .1t41.. �; PROCLAMATION "Salute to Boeing—100 Years' le AvAL WHEREAS, The Boeing Company Centennial occurs on July 15, 2016;and 'k� i � ,c4#a> AAA WHEREAS, The Boeing Company founded in Seattle, Washington by William Edward Itkie+7449,1 Boeing grew from a small red barn on the shores of the Duwamish River to the largest : ! �� aerospace and defense contractor in the world, the largest exporter in the United States ^=�Nt s providing products to 150 countries, was named the No. 1 innovator among aerospace and k.V-ir'v.� defense companies;anies; and �� p F. 1 r414 AK WHEREAS, The Boeing Company contributes significantly to the health of the State of AA Washington, employing more than 79,000, in the State and purchasing $5.7 billion annually ikvk in materials, supplies and services from 1,943 Washington State vendors; and 0.4144 - A WHEREAS, with the The Boeing Company at its root, Washington has become one of the A as' ;�i i largest aerospace industry clusters in the world, supporting more than 1,350 aerospace and ); , ow% related companies that directly and indirectly support more than a quarter of a million jobs � .�' Ai and generate$85.7 billion in annual economic activity; and iI►;, ii +i 61,10111 WHEREAS, The Boeing Company embraces a culture of caring and support for all, 1 :4041- j encouraging employees to volunteer, and investing more than $53 million annually in the > y`,.YOQ areas of education, health and human services, arts and culture, environment, and civic . dt0� v� ! engagement; and �v�► . ii 'WHEREAS, The Boeing Company on a national level employs more than 23,000 veterans, ! A i'+* many still serving in the National Guard and Reserve, and partners with more than 50 1 i°v"I'l► airline customers completing over 170 humanitarian relief flights since 1992; and AAA elftvzh V 0 NOW, THEREFORE, we, the undersigned Mayor and City Council of the City of Federal ' !Z i t*off Way, do hereby recognize and celebrate The Boeing Company and the thousands of proud A :lk 10 Boeing employees for the significant contributions they have made to Federal Way Nttoi *IA community over the past 100 years. A014 1. 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O ( T N Q' 11 O • , 0 -I (I) M.% CM .,` . • Q -p., fli■i - )10o (I) . , , ■< 0 Z 3 —• T "0 CU =1. 11111111111111I 2 % ( o ,‘ x (D n N..• * ..., , , t CI)1 tZr rb in 3 cD .., O, ,..< —h CJ1 , W = Dig) 1..) eiD go< ; ., ,,, O I__ i,.. e,i • !, j ii P COUNCIL MEETING DATE: July 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 the July 5,2016 Regular and Special City Council Meetings? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Attachments: Draft minutes from the July 5,2016 Regular and Special City Council Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION:N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: I Committee Council Writr CHIEF OF STAFF: N/A N/A Committee Council COMMITTEE RECOMMENDATION:N/A N/A N/A 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—1/2015 RESOLUTION# CITY OF .4kh, Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall July 5, 2016 — 7:00 P.M. www.citvoffederalway.corn 1. CALL MEETING TO ORDER Mayor Ferrell called the Regular Meeting to order at 7:02 p.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, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Bob Woolley led the flag salute. 3. PRESENTATIONS a. Mayor's Emerging Issues and Report • Town Square Park Grand Opening Mayor Ferrell invited everyone to the Grand Opening of Town Square Park, Saturday, July 9th at noon. Parks Director John Hutton overviewed the elements of the park and noted it will be a a great event. The program includes bands, speakers, and the unveiling of fun new playground equipment and the new spray park will be turned on. • Red, White and Blues Festival Recap Parks Director John Hutton also reported the Red, White and Blues Festival was a great success again this year. The annual celebration included 250 runners for the "Miles for Meso" Run (raising over $100,000 in four years), a kids parade, various vendors, multiple bands, and impressive fireworks. Attendance is estimated in excess of 20,000 with no major incidents reported. • Fireworks Enforcement Report Chief of Police Andy Hwang was pleased to report that there were no significant firework related Federal Way City Council Regular Minutes Page 1 of 5 July 5, 2016 injuries or fires during this Fourth of July holiday period within in the City of Federal Way. Calls for service(CFS)from June 27th to July 5th were down this year at 2,067 CFS; compared to 2,428 CFS in 2015. Fireworks related CFS were also down from 148 in 2015 to 110 in 2016. Officers issued 49 citations and 6 warnings with approximately 200 pounds of fireworks confiscated. Mayor Ferrell also reported that the Ribbon Cutting for Café Rio occurred last week with Councilmembers and chamber members in attendance. The 61st Annual North Lake Parade also occurred yesterday with the Mayor and various Councilmembers taking part. He thanked the Parks Department staff for all their work on the Red, White and Blues Festival. 4. CITIZEN COMMENT Arnold Ellingson discussed his plan to develop four pieces of property (33 acres), which includes taking down trees. He has received an approved permit from the State Department of Natural Resources and believes the city should accept this if they do not have their own standards. Mayor Ferrell asked Interim Community Development Director Scott Sproul to follow up with Mr. Ellingson. Bob Woolley spoke regarding ongoing issues with Lake Jeane. He noted the Lake Jeane issue has been before the Council for twenty weeks and he wants to know what action will be taken by the city. He feels the well water used by the Twin Lakes Golf and Country Club for irrigation is a contributing factor to the toxic conditions. Don Smith shared his positive view regarding the Annual National Night Out and looks forward to the event each year. He extended an open invitation to the Mayor and Council to visit his neighborhood event(Lake Jeane). He feels the lake residents have generated ideas for cleanup, but due to the lack of ownership are unable to treat the lake. He feels the discussions are at an impasse with the Club; and feels it is a safety issue; not a private matter. Councilmembers thanked Mr. Woolley and Mr. Smith for coming in and would like the city to look into this issue further. Councilmember Duclos has had similar problems with lake algae issues; she understands what th individuals are facing. Mayor Ferrell will continue to review this matter and discuss options with staff.The city has to ensure there are no unintended consequences with enacting additional restrictions, which may trigger additional costs to the city due to the number of lakes in the city. Reverend Tyson Haywood is a traveling minister and Federal Way resident recently relocating from Chicago. He plans to start a radio show within three to four months along with a Gospel Fest similar to what he started in Illinois. 5. CONSENT AGENDA a. Minutes: June 21, 2016 Special and Regular Meeting; June 22, 2016 Special Meeting b. Monthly Financial Report— May 2016 c. Vouchers— May 2016 DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF CONSENT AGENDA ITEMS A-C AS PRESENTED; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 2 of 5 July 5, 2016 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. Community Center Pool Filter Media Replacement Project Aquatics Coordinator Craig Feldman gave a brief report to Council regarding the Community Center Pool Filter replacement.The original proposal was presented to the Finance, Economic Development and Regional Affairs Committee (FEDRAC) on June 28th where the committee members instructed staff to research a better filter media. He stated that rather than sand, glass can be used for an increased cost of$2,800. Spending this additional amount would result in a more environmentally friendly material being used which filters just as well with less water and chemicals; and can be recycled once done filtering. When sand is used it becomes toxic waste and cannot be recycled. Councilmembers thanked the staff for researching this and asked clarifying questions regarding cost, timing to accommodate the work during the already scheduled pool closure, and pool components. COUNCILMEMBER DUCLOS MOVED APPROVAL OF AN AGREEMENT WITH ORCA PACIFIC IN AN AMOUNT NOT TO EXCEED TO$25,339.88 TO REPLACE THE POOL FILTER MEDIA WITH GLASS AND AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT; 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. Diversity Commission Appointments The City Council held Diversity Commission interviews earlier this evening during a Special Meeting. COUNCILMEMBER KOPPANG MOVED TO APPOINT TRENISE ROGERS; RANDALL SMITH; WILLIAM Yl; AND HIROSHI ETO TO THE DIVERSITY COMMISSION WITH TERMS EXPIRING MAY 31,2019;COUNCILMEMBER MOORE 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 c. Reschedule of August 2, 2016 City Council Meeting to August 9, 2016 DEPUTY MAYOR BURBIDGE MOVED TO SUSPEND COUNCIL RULE 2.1(1)FOR THE PURPOSE OF RESCHEDULING THE AUGUST 2,2016 REGULAR CITY COUNCIL MEETING TO AUGUST 9, 2016; COUNCILMEMBER ASSEFA-DAWSON SECOND. Deputy Mayor Burbidge noted rescheduling the August 2, 2016 City Council meeting allows the Mayor, Council, and staff to participate in the Annual National Night Out activities throughout the city. The motion of ion p unanimously passed unanimousl as follows: Federal Way City Council Regular Minutes Page 3 of 5 July 5, 2016 Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes d. Cancellation of August 16, 2016 City Council Meeting DEPUTY MAYOR BURBIDGE MOVED TO SUSPEND COUNCIL RULE 2.1(1)FOR THE PURPOSE OF CANCELING THE AUGUST 16, 2016 REGULAR CITY COUNCIL MEETING; COUNCILMEMBER DUCLOS SECOND. Deputy Mayor Burbidge indicated that the second meeting in August has traditionally been canceled to accommodate the Mayor, Council and staff taking vacations. 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 7. COUNCIL REPORTS Councilmember Assefa-Dawson was impressed by the Diversity Commission interviews tonight. This is the first time interviewing incumbents due to a recent change in the Council Rules of Procedure. She was glad to gain perspective on how they are doing and learning of their vision for the community. Councilmember Maloney had no report. Councilmember Honda announced the 60th Annual Salmon Bake hosted by the Kiwanis Club at Steel Lake scheduled for July 22nd at Steel Lake Park. She thanked City Attorney Amy Jo Pearsall for all her help over the years and wished her luck at Sound Transit with her new position. Councilmember Koppang reported on the great events held for the Fourth of July including the Northlake Parade and the Red, White and Blues Festival. It was great seeing the diverse population coming together as a community. He participated in jury duty this past week and reflected that it is a privilege to serve in such a vital part of our government. Councilmember Moore reflected that the Fourth of July was a great day with people connecting as a community. He also shared that great things are happening in the City of Federal Way and highlighted the Performing Arts and Events Center, the parks, and citizen commissions. The conversations had during the Diversity Commission interviews tonight were amazing. He would like to continue to work on the Lake Jeane issue. He will be not be at the August 9th meeting as he will be on his honeymoon. Councilmember Duclos attended a meeting with the Chamber of Commerce,the Mayor and Chief of Staff where they discussed how to strengthen partnerships. She thanked Finance Director Ade Ariwoola for taking the Special Meeting Budget Goal Setting session and categorizing their brainstorming into a draft for review. She wished City Attorney Amy Jo Pearsall all the best in her new Federal Way City Council Regular Minutes Page 4 of 5 July 5, 2016 position and will miss her clear explanations on legal matters. Deputy Mayor Burbidge announced the next Lodging Tax Advisory Committee(LTAC)meeting will be July 12th at 8:00 a.m. and the Symphony Garden Show is scheduled for July 16th at 10:00 a.m. She used to live in the North Lake area for six years and is pleased to see the parade continuing. Upon moving to their current neighborhood her daughter continued the tradition and started a parade in their current neighborhood which continues now, 35 years later. She also thanked City Attorney Amy Jo Pearsall for the high level of quality of her work and personality; she will be missed. Mayor Ferrell thanked City Attorney Amy Jo Pearsall for her clear,cogent,and caring work. He stated she has been a true friend of everyone at the dais and to the City of Federal Way. 8. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 8:10 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 5 of 5 July 5, 2016 44k CITY OF '�.... Federal Wa y 074)*‘* CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall July 5, 2016 — 5:45 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Special Meeting to order at 6:45 p.m. City officials in attendance: Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa-Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall, and City Clerk Stephanie Courtney. 2. COMMISSION INTERVIEWS • Diversity Commission The Diversity Commission is comprised of nine voting members and one alternate member who all serve 3-year terms (per FWRC 2.65.030). There are currently four vacant voting positions with terms through May 31, 2019. The City Council interviewed three applicants (current incumbents): William Yi; Trenise Rogers; and Randall Smith. The Council also considered application materials from incumbent Hiroshi Eto who was unable to attend tonight's interviews. 3. ADJOURNMENT There being nothing further on the agenda; Deputy Mayor Burbidge adjourned the Special Meeting at 6:45 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of 1 July 5, 2016 COUNCIL MEETING DATE: July 19,2016 ITEM#: 5b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SACAJAWEA MIDDLE SCHOOL SAFE ROUTES TO SCHOOLS—BID AWARD POLICY QUESTION: Should City Council award the Sacajawea Middle School Safe Routes to Schools project to the lowest responsive,responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 11,2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine Mullen,P.E Street Systems Project En DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated July 11, 2016. Options Considered: 1. Award the Sacajawea Middle School Safe Routes to Schools project to Sound Pacific Construction, LLC, the lowest responsive, responsible bidder, in the amount of $979,830.00, and approve a 10% contingency of $97,983.00,for a total amount of$1,077,813.00,and authorize the Mayor to execute the contract. 2. Reject all bids for the Sacajawea Middle School Safe Routes to Schools project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The mayor recommends forwarding option 1 to the July 19,21 6 City Council consent agenda for approv 1. MAYOR APPROVAL: Qr9(7A/, DIRECTOR APPROVAL: r ! fi'ZTt flu' Committee Counci 4 Initia sate Initial/Dat, Initial/Date CHIEF OF STAFF: ,(3,l✓.� 4 w4 IV Co 40, Counci Initi. I.to Initial/ e COMMITTEE RECOMMENDATION:I move to forward Option 1 to the July 19, 2016 City Council consent agenda for approval. Ke Maloney, Chair Lydia Assefa-Dawson, Member Mark Ko pang,Member PROPOSED COUNCIL •TIQ ::`I move to authorize to to award the Sacajawea Middle School Safe Routes to Schools project o -., bwest responsive, responsible bidder, in the amount of $979,830.00 and approve a 10% contingency of$97,983.00, for a total of$1,077,813.00, and authorize the Mayor to execute the contract." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: July 11,2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor ` FROM: Marwan Salloum,P.E.,Public Works Director 452"\"---. Christine Mullen,P.E., Street Systems Project EngineerC'J \ SUBJECT: Sacajawea Middle School Safe Routes to School Project—Bid Award BACKGROUND Four bids were received and opened on June 23, 2016 for the Sacajawea Middle School Safe Routes to School Project. Please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Sound Pacific Construction, LLC with a total bid of$979,830.00. PROJECT ESTIMATED EXPENDITURES Design $300,000 Right-Of-Way Acquisition N/A Low Bid $979,830 10%Construction Contingency $97,983 Project Management(In house) $122,187 TOTAL PROJECT COSTS $1,500,000 PROJECT AVAILABLE FUNDING Safe Routes to Schools Funding(Federal) $1,200,000 City Funds(2015 Budget) $300,000 TOTAL AVAILABLE BUDGET $1,500,000 00000o00000000000000000000888g088880888008880008 0888888808880008p 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1OO 0 0 0 0 0 0 0 0 O N N 0 0 0 0 0 0 O 0 0 0 0 04 000000000010 nn o0ONNQ 0006600000 V 01001000004)11)CO NI-ON ON OON(0000010 O N NN-100000 n O I�eo 6 GOO 696 N I9 O_666�6G 6666 0•G-m 660 G-V 6969;so�1A�19r,f9(A6 W.ft 49.6694-694- .694-66.0 0 690 0NM69 60 E O HM 6 66 6 6 6 66 ^666 19 0 r W ..L Et C O'O O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O o O O O O O O O O LO O O o O o o O O O O O O O O O O O O O O O O O o O O O N O O O O O O O O O o O O O O O O O 6n O O O O O N 69 69 0 W U o 0 0 0 0 0 p 0 N 6 0 0 0 N 6 6669 Q6 m 0 0 O 0 0 0 4-W 6 6 0 0 O 10106 p N 0 6 0 0 0 0 e 69 N 6 6 6 6 6 y f9 Q 6 6 6 6 CO 6 0« 0 0 a a On C94-O�N O ON O 1'l N N OC ! 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N u a o J w or pN 3 7 U mt0 E m� m v °w W 5 4 m 4 m 2m m n �w— it ~= y ¢ u m U U U m c U U m.o$ m m ¢ x ` a n L m r r_ 1 m m m m m 'n3 3 V o g m a m m m y i ca'y w m m E t m $8 5,m m m��c m 5 g g i °_oo cmUn�- �t t c'2 m ma E E E 3 >m ym ' > ;¢ Em-0 7%ate °'-'co $ca� ag o'°sEE1'EE E5EOEc'cE- ,n ¢0O W oZ U7U¢a iOmi O oo_— ommmm 7oc )amo ommo. om otn oommUwQ_U3mm 6m0020o(m OUmUU CC CC,CC CC N0 CC 70 C x r Ct.2 0 OU U Q U N W_r CO N N a d 2¢JU o.-N 6QNWn CO 0)04-N CO N CO 1-I�0000 G-N C7 Q NCO,CO 01 0.-N C7 6p N CO N.CO TO N C)Q N COn CO A0 N ¢Z 0CL Z G-N 67 a N 10 n co 07 N N N N N N N N N N N 6 6 C7 1'3 6 6 1')6 C9 6 Q Q 61-6 a Q Q Q Q Q 0 N N N 0 N N N N N O CO CO 46 CO am ° lil MCC@ _ COUNCIL MEETING DATE: July 19,2016 ITEM#: 5c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SUBMITTAL OF TRANSPORTATION GRANT APPLICATIONS POLICY QUESTION: Should the City Council authorize the Mayor to submit grant applications for transportation projects? COMMITTEE: Land Use/Transportation MEETING DATE: July 11,2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E. City Traffic Engineer DEPT: Public Works Attachments: Memo to LUTC dated July 11, 2016 Options Considered: 1. Authorize the Mayor to submit the proposed transportation grant applications 2. Do not authorize the Mayor to submit the proposed transportation grant applications and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1. MAYOR APPROVAL: (p DIRECTOR APPROVAL: (012.Alkklt o tree ouncil /' m�a ate initial/Date Initial/Date CHIEF OF STAFF: 4 L,)& /f i.Wi Comm)i:i Cou r' Initial//o ate Initia.'f ate COMMITTEE RECOMMENDATION:I move to forward Option 1 to the July 19, 2016 consent agenda for approval. Kell aloney, Chair Lydia Assefa-Dawson, Member Mark I pang,Membe PROPOSED COUNCIL MOTION: "I move approval of Option 1 to authorize the Mayor to submit the proposed transportation grant applications." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED Isl.reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: July 11, 2016 TO: Land Use/Transportation Committee VIA: Jim Ferrell, Mayor FROM• Marwan Salloum, P.E.,Director of Public�ks Rick Perez, P.E., City Traffic Engineer SUBJECT: Submittal of Transportation Grant Applications BACKGROUND: This memorandum provides the Council with the current status of grant funding programs for transportation improvement projects in response to a Transportation Improvement Board (TM) call for projects. Staff has evaluated all projects listed on the City's Capital Improvement Program (C1P) and negotiations for the Town Center Hotel proposal and concluded that the following projects will likely be competitive in the 2016 Sidewalk Program. Project(Funding Phase) Estimated Project Possible Grant Proposed Grant Cost Fund City Match Town Center"Grand Stair"Pedestrian Connection -21st Ave S: S 314th St—S 316th St (Desi n and Construction) . Regional Mobility Grant via King * ** County(State Funds) $3,000,000 $500,000 $300,000 Celebration Park—Steel Lake Park Pedestrian Connection —S 312th St: Steel Lake Park—28th Ave S (Design and Construction) TIB Sidewalk Program $675,000 $500,000 $175,000** (State Funds) Adaptive Traffic Signal Control System—Phase 2 —SR 99 South, SR 161, S 348w St (Design and Construction) Highway Safety Improvement Program $1,000,000 $900,000 $100,000** (Federal Funds) High Collision Safety Remediation —Locations to be Determined pending WSDOT collision data (Design and Construction) Highway Safety Improvement Program $1,000,000 $900,000 $100,000** (Federal Funds) * The remaining project funding consists of$1 million in developer contribution,and$1.2 million in LIFT contributions. ** The City match for this grant will be provided by transferring the proposed amount from the Annual Transportation Safety Improvements Fund to this project cc: Project File Day File COUNCIL MEETING DATE: July 19,2016 ITEM#: 5d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Laser Technology Inc.TruSpeed Mapping Kit crime scene documentation and collision reconstruction equipment purchase and replacement reserve fund. POLICY QUESTION: Should the City authorize the Federal Way Police Department to purchase the Laser Technology Inc.TruSpeed Mapping kit to replace the outdated and unserviceable back-up Total Station equipment for the purpose of crime scene documentation and collision reconstruction and establish a 10- year replacement reserve fund for the equipment? COMMITTEE: Parks, Recreation,Human Services&Public Safety MEETING DATE: July 12,2016 Council Committee(PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing City Ci Council Business ❑ Resolution ❑ Other ❑ STAFF REPORT BY: Lieutenant Kurt Schwan DEPT: Police Department Attachments: 1. PRHS&PSC Staff Report Memo 2. Laser Technology Inc. price quotation 3. Laser Technology Inc. Crash and Crime Scene Mapping brochure(copy) Options Considered: 1. Approve 2. Deny ..............................._......................................_._......_...................._. MAYOR'S RECOMMENDATION: Approve the purchase of the Laser Technology Inc. TruSpeed Mapping Kit and establish a 10-year replacement reserve fund for the equipment. MAYOR APPROVAL: ,11 :////e. IRECTORAPPROVAL: AL•"h om ee ounci �Dder Initial CHIEF OF STAFF: 72.4.4ni 4'. 2/ 4bir.) Com • e- Council COMMITTEE RECOMMENDATION: I move to forward the purchase of the Laser Technology Inc. TruSpeed Mapping Kit and the establishment of a 10 year replacement reserve fund for the equipment to the July 19, 2016 Council consent agenda for approval. 8'6-51-- a' , t�A�.,.'.a atAitat►�..---- Ie. C mittec Chai Committee Me ber Committ-ei ember PROPOSED COUNCIL MOTION: "I move approval of the purchase of the Laser Technology Inc. TruSpeed Mapping Kit and the establishment of a replacement reserve and authorize Police Chief Andy Hwang to make the purchase." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: July 12, 2016 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Laser Technology Inc. TruSpeed Mapping kit crime scene and collision reconstruction equipment purchase, and establishment of a 10-year replacement reserve. The Federal Way Police Department utilizes two types of equipment systems to collect mapping data for crime scene documentation and collision reconstruction,the FARO 3D Scanner and the Trimble Total Station. The FARO 3D Scanner, our primary device, is used to capture numerous mapping points in a small area. The Trimble Total Station, our back-up device, is used to document single points over great distances (over 200 ft). The systems can be used in concert with each other or individually depending on the situation and scenario (indoor, outdoor, weather conditions, etc). The Trimble Total Station system,purchased in the late 1990s was discontinued by the manufacturer in 2006. The manufacturer has also discontinued producing replacement and repair parts for this device and we are no longer able to have the device certified and calibrated. To replace this device with a similar system would cost approximately $15,000, not including training for the new equipment, annual software costs, annual calibration costs, etc. Laser Technology Inc. produces a system that collects and provides the same data as our current unserviceable Trimble Total Station device at a cost of approximately $6,300. The name of the system is"TruSpeed Mapping Kit"(see attached brochure). The system utilizes a ruggedized Lidar speed and distance measuring device(TruSpeed SXB)in conjunction with an angle measuring head (Mapstar TruAngle). These pieces of equipment can be mounted to our current survey tripods and the data collector would be replaced with a ruggedized Android tablet. Training on the equipment would be minimal due to how closely it resembles our current data collection systems and the manufacturer would provide the on-site training at no charge. The data collector Android tablet is delivered with all necessary software installed and works with our current CAD software,which is used to translate the data points into a usable document or image. Software updates are free and there is no yearly software maintenance fee. Hardware maintenance costs are minimal (approximately $100 annually) for the calibration of the speed measuring device. As stated above, the cost for the Laser Technology Inc. TruSpeed Mapping Kit was quoted at $6,240.80 (see attached quote). Included in the equipment package: TruSpeed SBX, Mapstar 1 TruAngle,mounting brackets,filters,ruggedized Adroid tablet data collector with software installed, and a hard sided"Pelican style" storage and travel case. We are recommending the purchase of this Laser Technology Inc.,TruSpeed equipment as a back-up for 'our primary FARO 3D device and to replace the old Trimble Total Station device for documentation of major crime scenes and serious injury/fatal traffic collisions. Funding for the equipment can be drawn from the city's Traffic Safety Fund. We also recommend a 10-year replacement reserve fund be established for the eventual replacement of this equipment, in the amount of$600.00 per year. 2 9LRER= L A TECHf1OLOGY Quotation— Measurably Superior 6912 South Quentin Street Centennial, CO 80112 Validity Date: 06/19/16 To: FEDERAL WAY POLICE DEPARTMENT (FEDERAL WAY, US) Date: 05/19/16 33325 8TH AVENUE SOUTH FEDERAL WAY Washington 98063 United States LTI Rep: Joe Cronn Attn: Curtis Tucker Phone: 360.798.9928 Phone: 253-835-6737 Email: jcronn @lasertech.com Email: curtis.tucker @cityoffederalway.com Shipping Method FOB Point Payment Terms FedEx Ground Centennial, CO Net 30 Special Instructions: Qty Item Description Unit Price Total 1 7006000 (TS)MAPSTAR TRUANGLE $1,295.00 $1,295.00 1 7007051 TRUSPEED SX BT $2,195.00 $2,195.00 1 7024867 (TS)TRUPULSE 360R MOUNTNG BRACKET FOR $135.00 $135.00 TRUANGLE 1 7035142 (TS)ASSY, FOLIAGE FILTER W/STRING,TS SX/TP $60.00 $60.00 1 7035152P (PM)PREMIUM HARD CASE W/FOAM FOR TRUANGLE $280.00 $280.00 M 1 7035165 KIT,CedarCT7 Data Col.BasicPkg $1,675.00 $1,675.00 TERMS AND CONDITIONS: Subtotal $5,640.00 Prices noted above are not valid with any other quotes or offers. Pricing does not Sales Tax @9.50% $535.80 include applicable sales tax.A 15%restocking fee will be added to all cancelled Freight $65.00 or returned orders. Shipping charges are estimated and subject to change. Please allow 3-4 weeks for delivery,unless otherwise specified.Quote valid for Total(USD) $6,240.80 30 days. Authorized By Date Authorized By Date Tel 303.649.1000 I Toll Free 1.877.696.2584 I Fax 303.649.1066 I Web lasertech.com } o IA sure/f, gL WT A W v / � hi v) c ` r C H, Z t X c 0 Cr mos o U C ci. u E V .Q u iiii C3 0 0) a QX ii ' o l / , o (flz o0 0 W -0 a) 0 —a / _ N IX V O N villa t r U 3� r Ii 0 (J) + + + � lb ft 3 Crash Scene Mapping Field Data Collection $ -` Typical surveying equipment is pricey and known to be with QuickMap 3D® ea OOOa difficult to use and set up. With the high cost of shutting down roadways and the dangerous risk of secondary accidents, In the 1990's, LTI released the very first time is always of the essence. crash mapping software designed for the non-surveyor. It's known for being • Set up in seconds and mop , 4°,P very intuitive, making it easy to coiled, the scene quicker to maximize `,'0't store and identify critical evidence as everyone's safety )''. 'f fast as you can point and shoot a laser. ., �� • Map in any surrounding f' , OO�®O landmark without a prism - • Adapt to any scene terrain challenge with reflectorless technology �`" „ by choosing from three mapping techniques • Save thousands on d�,' >` '4 • Quickly identify points with a custom-built pick list of equipment and ovoid the / commonly mapped features need for extensive training • Use the CAD program of your choice and save all your collected data in .txt, .csv, .dxf, .raw,and .bmp formats TruPulse® 200X + MapStar® Compatible CAD Programs TruAngle® for Outdoor Use • IMS Map360 by Leica Geosystems • CrashZone by FARO • Achieve a wide vantage point and minimize traversing with the • Aras 360 by FARO laser's powerful 7x magnification by •• Set up and measure in less time with lightweight, CSI O ce Visual Statement • easy-to-operate equipment CSI Office by Carlson • Measure only the points you need and transfer them into CAD on the computer you already have _ t� li t _ " mor ' t 4t ti ,. , OF -.1 1 AlZ" fII o,* — 1 IK • ! + •LACER TECI-1f1OLOGY Desktop Diagramming Crime Scene Mapping with IMS Map360 Surveying a crime scene is a tedious task that needs to be .,)1 documented quickly,yet with a high level of accuracy. The evidence cannot be disturbed, and the documentation needs to be carefully preserved. • Have confidence that valuable points \ accurately collected • Use advanced technology that '�: . .r ce fir✓ ' -'; is affordable for any department • Set up and measure your first , : r. 4,, • Automatically join your line work from QuickMap 3D point within seconds ^,. ' _ points with Scene-to-Map functionality • Preserve the scene by plotting `P '° ;* k 5 • Access commonly used incident reconstruction formulas via points from a preferred distance ";r ,,�' . the scene analysis tool ,, • Benefit from using the trajectory insertion feature to make a '`"V•1--,°s.- stronger case TruPoint'" 300 for Indoor Use Reasons Why to Buy LTI • Obtain millimeter accuracy with precision of • Has served law enforcement agencies for over 25 years red-dot targeting and camera aiming • Specializes in laser-based technology and is • Only get the points you need and work with reasonably a holder of over 66 patents sized files on the computer you already have • Manufactures high-quality,cost-effective instruments • Fit into any room and measure evidence within tight spaces t m New! V V. t. , . ,f. teosr \ "' O 01 _ � _ter .. •� 7 a "--. .... 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BASELINE RANGE/RANGE RADIAL WITH ANGLE I l l Occupy the roadside Occupy the point of , Occupy any safe and measure features interest and measure the location and measure n Tat a 90 degree angle some same two remote targets. ]` A°9e features at any angle.,. i;ate, Baseline: PoGHf i: Ref.P Laser Specifications . 0 1 TruPulse®200X TruSpeed®Sxb TruPoint'" 300 Range Reflective 8,200 ft(2500 m) g Nonref!ective 6,233 ft(1900 m) 2,000 ft(609 m) 1,000 ft(300 m) Speed N/A 0 to 200 mph, ±1 mph accuracy N/A Range Accuracy ±1.6 in (4 cm)Typical ±0.04 in(1 mm)Typical Inclination Accuracy ± 0.1°Typical ± 0.1°Typical Power (1) CR123A Battery Li-ion rechargeable Angle Encoder , ,T Specifications 4 ' 1r MapStar®TruAngle® TruPoint'" 300 Angle Range 0 to 359.99° Angle Accuracy(Mounted) ±0.05' ±0.1° Power (2)AA Batteries,up to 8 hours use Li-ion rechargeable Communication RS 232, NMEA Bluetooth®SMART and WiFi ,,, LIVER E_) Tel: 1.303.649.1000 Toll Free: 1.877.696.2584 0 TECHf1OLOG T v Email: infoPlasertech.com Measurably Superior - Web: www.laserfech.com COUNCIL MEETING DATE: July 19,2016 ITEM#: 5e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Reallocation of Red Light Traffic Safety cameras to School Zone Traffic Safety cameras. POLICY QUESTION: Should the City authorize the Federal Way Police Department to reallocate two red light traffic cameras from Pacific Highway South and South 320th Street to School Zone Safety cameras in the Saghalie Jr.High School zone near the 1700 block of SW Campus Drive? COMMITTEE: Parks,Recreation,Human Services&Public Safety MEETING DATE: July 12,2016 Council Committee(PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Lieutenant Kurt Schwan DEPT: Police Department Attachments: 1. PRHS&PSC Staff Report Memo 2. Excerpt from the July-December 2015 Bi-annual Traffic Report(showing collision data) 3. 2013 1-day and 2016 3-day ATS speed analysis reports for the Mark Twain and Saghalie school zones Options Considered: 1. Approve 2. Deny........................._............._.__...._..._..............................._._._. MAYOR'S RECOMMENDATION: Approve the reallocation of two Red Light Safety cameras to School Zone Traffic Safety cameras in the Saghalie Jr. High School zone. MAYOR APPROVAL: ' D RECTOR APPROVAL: j Zv �. Eomm. e�� /-Council � Initial CHIEF OF STAFF: .b.)41 , 1 a elm- comyri„ Council COMMITTEE RECOMMENDATION: move to forwar the reallocation of two Red Li g ht Tra ffic cameras from m Pacific Highway South and South 320`h Street to School Zone Traffic Safety cameras in the Saghalie Jr. High School zone near the 1700 block of SW Campus Drive to the July 19, 2016 consent agenda for approval. II�, Q Comm Chair Committee Member Committe4 tuber PROPOSED COUNCIL MOTION: "I move approval of the reallocation of two Red Light Traffic cameras from Pacific Highway South and South 320th Street to School Zone Traffic Safety cameras in the Saghalie Jr. High School zone near the 1700 block of SW Campus Drive and authorize Police Chief Andy Hwang to make the necessary 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# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: July 12, 2016 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Red Light Traffic Safety to School Zone Traffic Safety camera reallocation. Traffic safety is a high priority for the Police Department. The Photo Enforcement program uses available technology to focus on citizen compliance with traffic control devices at intersections and speed rules in our school zones. Statistical data review has continually shown the ability to improve and further enhance traffic safety in multiple locations around the city. The photo-enforced intersections and school zones were chosen by the Police Department as the locations with the highest incidents of red-light running and school zone speeding. Judging by the consistent infraction reductions over the life of the program,the inference can be made that the photo enforcement program is having the desired effect—drivers are slowing down in school zones and stopping at red lights at monitored intersections. Good driving behavior, evidenced by motorists obeying traffic laws, is much more prevalent with the onset of our photo enforcement program. The Federal Highway Administration (FHWA) and the National Highway Traffic Safety Administration (NHTSA) maintains that "A comprehensive approach to intersection safety incorporates engineering, education, and enforcement countermeasures to prevent red-light running and improve intersection safety. Red-light camera systems can be a very effective countermeasure to prevent red-light running."Photo enforcement technology does not replace traditional methods of traffic enforcement. Rather, it serves as a supplement to traditional traffic enforcement techniques, in addition to educational and engineering efforts designed to enhance traffic safety. The Police Department continues to measure and evaluate the effectiveness of the photo enforcement program with regard to safety,traffic flow and citizen compliance with traffic control devices. In May 2016, Traffic Lieutenant Kurt Schwan conducted one such review of the program. As evident by a statistical data review regarding collisions at the three RLPE intersections(see attached excerpt from July-December 2015 bi-annual Traffic Report)we are succeeding at gaining voluntary compliance to traffic laws. Two of the camera approaches at Pacific Highway South and South 320th Street were identified as camera systems that could be utilized to increase safety at a school zone instead of the intersection. These two approaches,southbound Pacific Highway South left turn lanes to eastbound South 320th Street (FD15) and eastbound S 320th Street at Pacific Highway South 1 (FD04),between 2012 and 2015 have averaged 318 violations annually at FD15 and 413 violations annually at FD04. Over the past few years, the SW Campus Drive school zone of Saghalie Jr. High School has generated numerous traffic complaints from citizens and school district employees. The school zone has been identified as a traffic concern due to the high volume of traffic traveling in excess of the posted speed limit. Traffic officers regularly conduct enforcement patrols in the school zone and witness speeding on a regular basis. American Traffic Solutions, our traffic safety camera system vendor, has completed two speed studies in both the Saghalie Jr. High School and Mark Twain school zones (see attached VIMS reports). Of the two school zones evaluated, the Saghalie school zone was identified as the location that would most benefit from school zone traffic safety camera installation. In April 2013,a 1-day study was conducted and revealed 304 vehicles were traveling 26 MPH or higher in the 20 MPH school zone and 610 total vehicles passed through the Saghalie school zone during the active school zone timeframe. In May 2016,a 3-day study was conducted and revealed 1,042 vehicles were traveling 26 MPH or higher in the 20 MPH school zone and 5,744 total vehicles passed through the Saghalie school zone during the active school zone timeframe. 26 MPH is the speed at which our current school zone camera systems capture violations,giving drivers 5 MPH over the 20 MPH school zone speed limit before having a violation issued. SW Campus Drive is the main thoroughfare for residents of NE Tacoma and western Federal Way to P g reach Interstate 5. It is heavily traveled by tens of thousands of vehicles daily,as evident from the zone timeframe. With the number of school aged ' i above for only the 70 minute daily school zo S statist statistics a Y Y children that utilize the crosswalk on SW Campus Drive to cross from their apartment homes to the school property,and because the safety of our citizens is our biggest concern, we recommend the tY reallocation of the two intersection cameras listed above (FD04 and FD15) for use as school zone safety cameras in the SW Campus Drive Saghalie Jr. High School zone. As stated above,this would be a reallocation of the intersection equipment to a school zone location in order to increase safety, not an expansion of the number of cameras in the city. The monthly cost of the cameras in the school zone would remain the same as they were for the intersection cameras($4,750 per camera per month) and the installation costs would be included in the monthly fee. There would be a$7,500 per camera removal fee that would be billed as a line item allowing it to be paid in monthly installments. The FWPD overtime funding would need to be increased to cover the traffic officers additional overtime required to monitor the program. This entire program would be 100%violator funded, requiring no new money,with all cost pertaining to its operation being funded by the Traffic Safety fund. 2 Excerpt from July-December 2015 bi-annual Traffic Report Red Light Photo Enforcement (RLPE) Intersection Collisions: The following data compares the number of collisions occurring in all RLPE intersections prior to and after the implementation of the program. RLPE Intersections - Total Collisions Year 5 348th/Enchanted Pkwy 5 5 320th/Pacific Hwy 5 5 312th/Pacific Hwy 5 2005 41 54 18 2006 44 58 26 2007 38 35 19 2008* 33 48 32 2009* 49 52 23 2010 20 33 18 2011 26 22 20 2012 26 22 24 2013 21 11 22 # 2014 18 12 23 2015 14 8 19 *Because 2008 and 2009 were inception/expansion years for the program, the most accurate comparison is reflected during the "fully operational"years of 2010 and later. #Collision statistics starting in 2014 are now compiled solely using the SECTOR(Statewide Electric Collision d Ticket Online Records)database **Statistics only reflect the first six months of the year >,< < +r a U) co gs U- > • as O a) 4` .< as ;�., LL E ✓ W y 4 u) L CO U C /^��, L W C CO O E N V O H 7 I CD O ~ N L E ul U) 00 N m C 0) 7 01 ci 00 00 C — m IN ri 1-1 •= C = c a N 0 o d 2 03 m N O O 0 d N Q 3 AI N ut >7: c v C o v 0 Fa °)▪ "' 3 Z m u d 'oO 0 m w u. v O I C I - v 0 0 a y m m CO CO LI N N M 0 -0 W 0 O u1 Y C co a y 1 00 00 in m o Ln ) 1:3 N .-i I00 > E 5. w t.c N N '-1 N 7 •"1 d J --, O C rsi CO CU \ co D_ : ar d E Y QC L O O co 0 U v p 'O C . 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U N p N 0 H " .0 C � ° E E v Eco 0 ° ° w Q it h 00 a c > m 0 j ° 0 1 CD LO 71 r Z -�0 C (n G N .° a J CL Is CIS o a, ra 4•- C s H 13 0 ca Ci COUNCIL MEETING DATE: July 19,2016 ITEM#: 5f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT(JAG) PROGRAM FOR FY 2016 POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department accept the Edward Byrne Memorial Justice Assistance Grant(JAG)Grant for FY 2016? Acceptance of grant requires no matching funds. COMMITTEE: PARKS,RECREATION,HUMAN SERVICES AND PUBLIC MEETING DATE: July 12,2016 SAFETY COUNCIL COMMITTEE—(PRHS&PSC) CATEGORY: • Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:CATHY M. SCHROCK,CIVILIAN OPERATIONS DEPT: Police MANAGER Attachments: 1. PRHS&PS Memo 2. JAG 2016 Project Narrative 3. JAG 2016 Budget Worksheet Options Considered: 1. Accept Proposal 2. Reject Proposal..... — ._..... .-...._................................................................. MAYOR'S RECOMMENDATION: 1—Accept the FY 2016 JAG Grant MAYOR APPROVAL: fj $ /LIrJRECTOR APPROVAL: ' Initial/ CHIEF OF STAFF: Corn-tt=' Cou�d COMMITTEE RECOMMENDATION: "I move to forward the FY 2016 JAG Grant, with a total compensation of $33,628, to the July 19, 2016, City Council Cons t -genda." AO t /ins.. idAdf, - �...:;�_ Co ittee Chair Committee Me ber Committ a em s er PROPOSED COUNCIL MOTION: "I move approval to accept the FY 2016 JAG Grant, with a total compensation of$33,628, and authorize the Mayor to accept said Grant. " (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: July 12, 2016 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: FY 2016 Edward Byrne Memorial Justice Assistance (JAG) Grant Program Background JAG funds support all components of the criminal justice system. JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems,processes, and procedures. Acceptance of the FY 2016 Edward Byrne Memorial Justice Assistance Grant will ensure that services under this Agreement will be conducted for the stated purpose of the Byrne Memorial Justice Assistance Grant(JAG)Program(42.U.S.C.3751(a.)The Edward Byrne Memorial Justice Assistance Grant(JAG)Program is the primary provider of federal criminal justice funding to state and local jurisdictions. Proposal The JAG Program allows for investment in technology and equipment improvements to enhance efficiencies, and service to the Community through the Police Department. Specific projects are described in the attached financial and narrative summary document. Project Award: $33,628. 1 c gam... �' ', :. f w `* 'ar say. r Wt Zak:, Ast s 1 a a t, .1; 7.". FY 2016 JAG Purpose Areas Law enforcement programs Prosecution and court programs, including indigent defense. Prevention and education programs Corrections and community corrections programs and reentry programs Drug treatment and enforcement programs Planning, evaluation, and technology improvement programs Crime Victim and witness programs (other than compensation) BJA 2015 Priority Areas (Please see full descriptions in 2016 Local Solicitation): • Reducing Gun Violence • Body-Worn Cameras, Storage, and Policies • National incident-based Reporting system (NIBRS) • Justice System Reform and Reentry • Public Defense • Improving Mental Health Services • DOJ Universal Accreditation with Forensic Service Providers Evidence-Based Programs or Practices OJP strongly emphasizes the use of data and evidence in policy making, program development, and program implementation in criminal justice, juvenile justice, and crime victim services. OJP is committed to: • Improving the quantity and quality of evidence OJP generates • Integrating evidence into program, practice, and policy decisions within OJP and the field • Improving the translation of evidence into practice Project Name: Project Cost: $32,619 (1) Sector Equipment— printers, scanners (1) 3,000 (2) Desktop— Personal Computers (2) 18,000 (3) Surface Pro 4 (3) 9,000 (4) Teen Police Academy (4) 2,619 Seattle PD Admin Fee: 1,009 Base Allocation $ 33,628 Project Description: (1) Replacement printers and scanners needed due to normal wear and tear. (equipment) (2) Personal Computers (desktop)— 10 each (equipment) (3) Surface Pro 4 tablets—Command Staff—6 each (equipment) (4) Teen Police Academy—(supplies) 1 Please describe the need for the program or project you are proposing (as it relates to one of the JAG Purpose Areas listed above): (1) Sector is the software program that is implemented statewide to accomplish electronic ticketing and collision reporting. Initial capital equipment was supplied through grants from WA State Patrol. It is now necessary to regularly replace equipment through normal wear and tear; this expense is not part of the general fund budget. Technology improvement program. (2) As a result of a new downtown substation in 2014, three specialty units moved away from the headquarters building, creating a deficit of desktop PC's. PC's were normally shared among these units and Patrol. This purchase will bring us up to the adequate number of computers, and replacement costs will be built into the general fund budget 2017-2018. Technology improvement program and Prevention and Education Program (Downtown substation). (3) Commanders act as the command duty officer on all significant incidents. With an agency our size; it is necessary to equip the unmarked Commander's vehicle as a rolling command duty station. The addition of a tablet allows the CDO to have access to critical real-time CAD call information, and all law enforcement support programs with enhanced technology and communication. Technology improvement Program. (4) Summer of 2016 Federal Way Police Department will host their first Teen Police Academy. This program will be modeled much like the department's highly successful Citizen's Academy. With dramatic increases in violent crime involving juveniles, it has become increasing necessary to take innovative steps to reach the youth in our community. The academy will be a week long opportunity to be on site at the police department and learn all aspects of each department and have hands on experiences with our Community Educators and all the different police department areas of command (patrol, traffic, detectives, bomb squad, and crime scene investigations). This program has also received support from local business, school district and community groups, setting up long-term success. Prevention and Education Program. Please describe the proposed program activities for the 4-year grant period: (1) Sector equipment will be replaced as needed to ensure spares are available to eliminate any down time. (2) Desktop PC's will be purchased 2nd Qtr of 2017 and replace the current inventory of computers that no longer being supported. This is will immediately impact efficiency and multiple service calls to IT staff for problems associated with outdated technology equipment. Replacement reserves will be built into the future general fund budget to ensure adequate equipment needs at end of life of these PC's. (3) Tablets will be purchased 2nd Qtr of 2017 and immediately deployed. Not only will these tablets be an immediate benefit for significant incidents; but command staff members are regularly attending meetings in the community and with regional LE agencies; paperless technology is a growing trend and a necessary way of conducting business. (4) 2016 will be the first Teen Police Academy, and we are expecting it to be a tremendous success, so having the extra funding for supplies that can utilize throughout the grant period will ensure that the Academy does not negatively affect general fund expenditures. During the grant period, we will closely track expenses and staff time to ensure adequate future grant requests, and community partnerships. Please describe anticipated coordination efforts involving JAG and related justice funds: (1) Sector is a WA State wide implementation of e-collision and e-ticket program that accomplishes paperless submission to local RMS, municipal courts, Wa State Patrol Records, and Wa State Department of Transportation. (2) Having paperless technology for police incident reports, submission of cases to the municipal and superior courts requires access to desktop computer. Although much work is conducted in the field via laptop computer, a desktop PC is utilized for the 2 submission of digital evidence/audio/video, etc. Having an adequate number of desktop PC's available to Police Operations is critical to efficient operation. The additional of neighborhood/downtown substations require the same access to technology, and it keeps Officers in their work"beats" vs at headquarters. (3) Adding tablets to Command Duty Officer vehicles enhances communication in the field, and provides effective field management during significant incidents, by providing access to enhanced technology programs. In addition, the command staff members have a mobile office available to them as their job requires in the community and working with regional partners. (4) Prevention and Education programs are a proven law enforcement tool. The insurgence of youth gun violence is becoming a national epidemic. Reaching out to our youth is a first line of defense to education them, to create lasting trusting relationships that will ultimately prevent or deter crime. Please list your objectives, and describe how they are linked to meaningful and measurable outcomes, and the likelihood of achieving such outcomes: (1) Maintain serviceable equipment for the deployment of enhanced technology. (2) Increasing the number of desktop computers will enhance efficiency and ensure the use of advanced technology and paperless systems. (3) The addition of tablets to command duty officer's vehicles enhances communication. It provides the ability to have real-time incident data to establish effective command operations. It further provides Command Duty Officer's with a portable office when responding to requests in the community or other when working with regional LE agencies. (4) Preventing or deterring crime though education is a proven successful tool in law enforcement. Creating a program that targets youth in our community, bringing them into the police department and allowing them to learn and explore the business of LE in a comfortable, summertime setting will create invaluable relationships. Building a youth community that trusts, and supports the police department will result in invaluable rewards in the future. Applicants must identify between 1 and 5 Project Identifiers that would be associated with proposed project activities. The list of all identifiers is attached to this document. Communications Crime Prevention Education Equipment—General BUDGET: Please identify the elements (e.g., personnel, equipment, supplies, travel/training, etc.) of your project, and list them on the attached Budget Worksheet Template. Please provide computations for all entries. 1) Sector Printers/Scanners— Equipment $ 3,000 2) Desktop Personal Computers— Equipment $18,000 3) Surface Pro 4 Tablet— Equipment $ 9,000 4) Teen Police Academy - Supplies $ 2,619 Please indicate the project's compliance with federal grant criteria and briefly explain any 3 affirmative responses. No JAG funds maybe expended outside of the JAG purpose areas. Even within these purpose areas, however, JAG funds cannot be used directly or indirectly for security enhancements or equipment to nongovernmental entities not engaged in criminal justice or public safety. Nor may JAG funds be used directly or indirectly to provide for any of the following matters unless BJA certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order: • Vehicles, vessels, or aircraft • Luxury items • Real estate • Construction projects, other than penal or correctional institutions • Any similar matters Is there anything in your project that could be interpreted as inconsistent with this requirement? NO. Federal funds must be used to supplement existing funds for program activities and cannot replace or supplant nonfederal funds that have been appropriated for the same purpose Is there anything in your project that could be interpreted as inconsistent with this requirement? NO. Applicant Disclosure of Pending Applications Applicants are to disclose whether they have pending applications for federally funded grants or subgrants (including cooperative agreements) that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. The disclosure should include both direct applications for federal funding (e.g., applications to federal agencies) and indirect applications for such funding (e.g., applications to state agencies that will subaward federal funds). OJP seeks this information to help avoid any inappropriate duplication of funding. Leveraging multiple funding sources in a complementary manner to implement comprehensive programs or projects is encouraged and is not seen as inappropriate duplication. Applicants that have pending applications as described above are to provide the following information about pending applications submitted within the last 12 months: -the federal or state funding agency -the solicitation name/project name -the point of contact information at the applicable funding agency. Please use table below for any pending applications: Federal or State Solicitation Name/Phone/E-mail for Funding Agency Name/Project Name Point of Contact at Funding Agency 4 A. Personnel Name/Position Computation Cost TOTAL: $0.001 B. Fringe Benefits Name/Position Computation Cost TOTAL: $0.001 C. Travel/Training Purpose Location Item Computation Cost (TOTAL: $0.001 D. Equipment Item Computation Cost SECTOR Equipment-Printers/Scanners $3,000.00 Desktop Personal Computers 10 EA 1,800 $18,000.00 Surfact Pro 4 Tablet 6 1,500 $9,000.00 'TOTAL: $30,000.001 E. Supplies Supply Items Computation Cost Teen Police Academy Supplies $2,619.00 'TOTAL: $2,619.001 G. Consultants/Coal Name of Contract/Consultant Computation Cost (TOTAL: $0.001 Computation H. Other Costs TOTAL: $0.00 I. Indirect Costs TOTAL: $0.00 (GRAND TOTAL: $32,619.00I COUNCIL MEETING DATE: July 19,2016 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CHI Franciscan Health Violence Prevention Initiative Youth Safety Mini-Grant. POLICY QUESTION: Should the City of Federal Way accept$1,000.00 in funds from the CHI Franciscan Health Violence Prevention Initiative Mini-Grant program to support the Federal Way Police Department's Youth Safety Academy? COMMITTEE:PARKS,RECREATION,HUMAN SERVICES&PUBLIC MEETING DATE: 7/12/16 SAFETY COUNCIL COMMITTEE(PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:CRIME ANALYST/PREVENTION COORDINATOR ROY DEPT: Police Attachments: 1. PRHS&PSC Memo 2. CHI Franciscan Health Youth Violence Mini-Grant Program and Application Options Considered: 1. Accept Proposal 2...........Reject Proposal ..........................................................._...._........._._._. MAYOR'S RECOMMENDATION: Accept the CHI Franciscan Youth Safety Mini-Grant MAYOR APPROVAL: G a� 4 9% Jj/ D IRECTOR APPROVAL:10 Initial CHIEF OF STAFF: .Q Z✓t `, aVil �CJt �/�L Co•m• e Council COMMITTEE RECOMMENDATION: "I move to forward the proposal to accept grant funding in the amount of $1,000.00 from the CHI Franciscan Health Violence Prevention Initiative Youth Safety Mini-Grant program for the Federal Way Police Department's Youth Safety Academy, to the July 19, 2016, City Council Consent Agenda." Com i ee Chair Committee M- ber Committee em.er PROPOSED COUNCIL MOTION: "I move approval of the request for grant funding in the amount of$1,000.00 from the CHI Franciscan Health Violence Prevention Initiative Youth Safety Mini-Grant program for the Federal Way Police Department's Youth Safety Academy and authorize Chief Andy Hwang to accept said Grant" (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: July 12, 2016 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: CHI Franciscan Health Violence Prevention Initiative Youth Safety Mini-Grant. Background The Summer Youth Safety Academy was created as a way to reach out and partner with high school age students in Federal Way. Members of the Build the Bridge Coalition visited Advancement Via Individual Determination(AVID)classes at Federal Way High School and Thomas Jefferson High School to survey the students about their thoughts on their neighborhood. The goal was to gather feedback and input regarding the Neighborhood Revitalization Strategy Area. After gathering the students' responses, it was clear that they had concerns about safety in their neighborhood and wanted direction on how to partner with police and other community groups to make their neighborhoods safer. With this feedback the Federal Way Police Department's Crime Prevention Unit created the Youth Safety Academy to create relationships with the youth in our city revolving around crime prevention and safety. Proposal Crime Analyst and Prevention Specialist ecialist Lindsey Sperry of the Federal Way Police Department's Crime Prevention Unit organized a Youth Safety Academy from June 27, 2016—June 30, 2016, g tY to be held here at city hall in our council chambers. Funds were solicited from the community at large to offset the cost of supporting such a program. A mini grant of$1000.00 was requested from CHI Franciscan Health Violence Prevention Initiative Mini-Grant Program. This grant would be used to provide t-shirts for the students and lunch on one day. CHI Franciscan Health Violence Prevention Initiative is supportive of this Youth Safety Academy and wishes to provide $1000.00 in funding for this program. There are no reporting requirements for this grant. I propose we accept the funding from the CHI Franciscan Health Violence Prevention Initiative Mini-Grant program. 1 ,t11r 'i1 CHI Franciscan Health Our best care.Your best health.' CHI FRANCISCAN HEALTH YOUTH VIOLENCE PREVENTION INITIATIVE Youth Violence Prevention Mini-Grant Program Health Violence Prevention Initiative works collaboratively The CHI Franciscan H Vio in the communities where we have hospitals to create and implement youth violence prevention strategies. Through a grant received from our parent company,Catholic Health Initiatives(CHI), CHI Franciscan has the opportunity to offer limited funding for local initiatives that clearly advance coalition-defined youth violence prevention goals. These focus communities include Federal Way—especially the Westway and Camelot Square neighborhoods,the Enumclaw Plateau area,Key Peninsula and Des Moines. Eligible Organizations: Lead applicant must be a 501(c)(3)non-profit entity or a school/school district. Priority will be given to organizations already engaged in a Violence Prevention coalition in one of our focus communities. Eligible Projects/Programs: Mini-grants will be provided to start or expand projects or programs that will help the FHS Violence Prevention Initiative reach the following goals: Federal Way Goals: 1. Implement community-based, youth violence prevention projects and activities in the Westway and Camelot Square communities. 2. By 2018: Decrease school expulsions and suspensions for violent or risky behavior by 25% in Federal Way middle schools and by 15%in all Federal Way Public Schools. Our action plan for school violence prevention includes addressing attendance, transitions and building social/emotional skills. Enumclaw Area Goals: 1. Work with Rainier Foothills Wellness Foundation and their task forces on youth violence Key Peninsula: 1. By 2015: Reduce suspensions and expulsions for substance use or violence by 20%. Des Moines: 1. Reduce juvenile arrests in the City of Des Moines by 30%by 2019. 2. Reduce the number of students at Pacific Middle School with 10 or more absences by 22% (to 20%)by 2019. Funding Information: Total grant funding available this fiscal year is$25,000,and funding will be awarded on an ongoing basis until funding runs out. Organizations are encouraged to submit proposals in the range of$500 minimum to $5,000. Please allow for at least 30 days for a funding decision to be reached. We encourage you to contact Doug Baxter,Violence Prevention Coordinator,with any questions. He can be reached at 253-426-6730 or at douglasbaxter @chifranciscan.org. Alb 'lr CHI Franciscan Health Our best care.Your best health." FRANCISCAN HEALTH SYSTEM VIOLENCE PREVENTION INITIATIVE Youth Violence Prevention Mini-Grant Application Applicant Organization: Feele rat,I a../ i I t C e De j (4 mart t Federal Tax-Exempt Number: Please send 501(c)(3)documentation with your grant application Address: A532S Ave nt City: F L kYtt I a.„. ‘../ State: �- Zip: CI' o Org. Contact: 1,,,1 f CL L Sperm/ Phone: ;5 3- g35- CL'7a`7 E-mail address: LiraSt‘6. s , e, 0 . r uto .Cb Name of Project: '4 our*. f i A C ctd ryl 0�v Requested Amount:SI j 0 ,0 'Total Cost of Project l 000 . Org. Leader Name: Arc1 HWa nq Signature J Please answer the questions below on no more than 2 pages using at least an 11 point font. 1. Describe your project. 2. What measurable outcome do you hope to reach with this project? How does this project connect to CHI Franciscan Violence Prevention Goals? 3. How will you monitor and measure your results? 4. Do you have other partners on this project or other funding? 5. Describe how the project will be sustained in the future. Please send grant application to: Doug Baxter,Violence Prevention Coordinator, St.Joseph Medical Center, 1717 S J St,MS 01-123,Tacoma, WA 98405. You can also email or fax applications,to douglasbaxter@ehifranciscan.org or 253-426-6393. CHI Franciscan Health Violence Prevention Initiative Mini-Grant Application 1. The Federal Way Police Department, in partnership with South King Fire and Rescue,will be hosting a Youth Safety Academy June 27th-30th.The Youth Safety Academy will serve approximately 25 students from Federal Way High School.These students have been identified to live in the NRSA area for our City. During the four day Safety Academy,the students will have the opportunity to partner with police to learn about crime prevention and how we can work together to make an impact on youth violence in Federal Way. 2. The measureable outcome that we hope to achieve would be more youth involved in crime prevention programs such as Neighborhood Block Watch, National Night Out, School Watch and various other community partnerships. We would also hope that this Academy would create 'safety ambassadors' within Federal Way High School that would directly affect the climate of safety in the school and lower suspensions and expulsions in connection with the CHI Franciscan Violence Prevention Goals. 3. We will monitor and measure our goals by how many additional block watch programs, National Night Out Events, and School Watch programs are created after the Academy. We will also measure our goals by the suspension and expulsions rates at Federal Way High School and also how many additional youth we get to apply to the Youth Safety Academy for June 2017. 4. We have others partners on this project who are providing services or funds to make the program possible.Those partners include:The Federal Way School District, Federal Way Police Department Explorers,The Federal Way Police Officers Guild, Police Support Services Association,South King Fire and Rescue Firefighters Foundation. 5. In the future, our plan to sustain the program is to apply for use of JAG (Justice Assistance Grant)program money,Target and Walmart grant funding, as well as continue partnerships with local community groups and organizations for donations of such things as food, program t-shirts, materials and program supplies. COUNCIL MEETING DATE: July 19,2016 ITEM#:.h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: KING COUNTY REGISTERED SEX OFFENDER COST REIMBURSEMENT AGREEMENT POLICY QUESTION: Should the City Of Federal Way/Federal Way Police Department accept the Registered Sex Offender "RSO" Overtime Cost Reimbursement Agreement from the King County Sheriff's Office (KCSO)? COMMITTEE: Parks,Recreation,Human Services and Public Safety MEETING DATE: July 12,2016 Council Committee(PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Lynette Allen Executive Assistant DEPT: Police Attachments: 1. PRHS&PS Staff Memo 2. KCSO Cost Reimbursement Agreement Options Considered: 1. Accept the KCSO RSO Cost Reimbursement Agreement 2. Reject the KCSO RSO Cost Reimbursement Agreement......................................................_...................._............._......................._......_.........._......._.........._.._........_._.. ___.._............ MAYOR'S RECOMMENDATION: Accept the KCSO RSO Overtime Cost Reimbursement Agreement MAYOR APPROVAL: 1fr,II DI RECTOR APPROVAL:`Co nittee S2Fly4 4 n Imhal CHIEF OF STAFF: •!/ Z i V� �U- �W ll. �S� � i .m if ee Council ' COMMITTEE RECOMMENDA ON: "I move to forward the RSO Overtime Cost Reimbursement Agreement between the Federal Way Police Department and the King County Sheriff's Office to the July 19, 2016 Council consent agenda for approval." _.. ,v_______7_ i ii I Co lttee Chair Committee Member 4 Committee iem i er PROPOSED COUNCIL MOTION: "I move to accept the RSO Overtime Cost Reimbursement Agreement between the Federal Way Police Department and the King County Sheriff's Office and authorize the Chief of Police to 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—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: July 12, 2016 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: King County Sheriff's Office"KCSO", Registered Sex Offender"RSO" Cost Reimbursement Agreement The Federal Way Police Department(FWPD) is seeking grant funding from the King County Sheriff s Department in support of the Federal Way Police Department's Registered Sex Offender and Kidnapping Offender Address and Residency Verification Program. The grant is for reimbursement of overtime expenses incurred while verifying current addresses and residencies of sex and kidnapping offenders, up to a maximum amount of$25,052.27. FWPD will be partnering with King County Government in implementing multiple program elements to ensure that sex offenders are in compliance under the guidelines of current laws. A strong enforcement effort to apprehend and prosecute offenders will help improve the quality of life for our citizens. We have been participating in the King County RSO Grant Funding since at least 2009. 1 Cost Reimbursement Agreement Executed By King County Sheriffs Office, a department of King County, hereinafter referred to as "KCSO," Department Authorized Representative: John Urquhart, Sheriff King County Sheriffs Office W-150 King County Courthouse 516 Third Avenue Seattle, WA 98104 and Federal Way Police Department, a police department in King County, hereinafter referred to as""Contractor," Department Authorized Representative: Andy Hwang, Chief of Police 33325 8th Avenue South Federal Way, WA 98002 WHEREAS, KCSO and Contractor have mutually agreed to work together for the purpose of verifying the address and residency of registered sex and kidnapping offenders; and WHEREAS, the goal of registered sex and kidnapping offender address and residency verification is to improve public safety by establishing a greater presence and emphasis by Contractor in King County neighborhoods; and WHEREAS, as part of this coordinated effort, Contractor will increase immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction, and WHEREAS, KCSO is the recipient of a Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program grant through the Washington Association of Sheriffs and Police Chiefs for this purpose, and WHEREAS, KCSO will oversee efforts undertaken by program participants in King County; NOW THEREFORE,the parties hereto agree as follows: KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program funding to reimburse for expenditures associated Cost Reimbursement Agreement with the Contractor for the verification of registered sex and kidnapping offender address and residency as set forth below. This Interagency Agreement contains eight(8) Articles: ARTICLE I. TERM OF AGREEMENT The term of this Cost Reimbursement Agreement shall commence on July 1,2016 and shall end on June 30, 2017 unless terminated earlier pursuant to the provisions hereof. ARTICLE II. DESCRIPTION OF SERVICES This agreement is for the purpose of reimbursing the Contractor for participation in the Registered Sex and Kidnapping Offender Address and Residency Verification Program. The program's purpose is to verify the address and residency of all registered sex and kidnapping offenders under RCW 9A.44.130. The requirement of this program is for face-to-face verification of a registered sex and kidnapping offender's address at the place of residency. In the case of • level I offenders, once every twelve months. • of level II offenders, once every six months. • of level III offenders, once every three months. For the purposes of this program unclassified offenders and kidnapping offenders shall be considered at risk level I, unless,in the opinion of the local jurisdiction a. higher classification is in the interest of public safety. ARTICLE III. REPORTING Two reports are required in order to receive reimbursement for grant-related expenditures. Both forms are included as exhibits to this agreement. "Exhibit A" is the Offender Watch generated"Advanced Verification Request Report"that the sex or kidnapping offender completes and signs during a face-to-face contact. "Exhibit B"is an"Officer Contact Worksheet"completed in full by an officer/detective during each verification contact. Both exhibits representing each contact are due quarterly and must be complete and received before reimbursement can be made following the quarter reported. Original signed report forms are to be submitted by the 5th of the month following the end of the quarter. The first report is due October 5, 2016. Quarterly progress reports shall be delivered to: Attn: Tina Keller, Project Manager King County Sheriff's Office 500 Fourth Avenue, Suite 200 M/S ADM-SO-0200 Seattle, WA 98104 Page 2 of 5 June 27,2016 Cost Reimbursement Agreement Phone: 206-263-2122 Email: tina.keller @kingcounty.gov ARTICLE IV. REIMBURSEMENT Requests for reimbursement will be made on a monthly basis and shall be forwarded to KCSO by the 10th of the month following the billing period. Overtime reimbursements for personnel assigned to the Registered Sex and Kidnapping Offender Address and Residency Verification Program will be calculated at the usual rate for which the individual's time would be compensated in the absence of this agreement. Each request for reimbursement will include the name, rank, overtime compensation rate, number of reimbursable hours claimed and the dates of those hours for each officer for whom reimbursement is sought. Each reimbursement request must be accompanied by a certification signed by an appropriate supervisor of the department that the request has been personally reviewed,that the information described in the request is accurate, and the personnel for whom reimbursement is claimed were working on an overtime basis for the Registered Sex and Kidnapping Offender Address and Residency Verification Program. Overtime and all other expenditures under this Agreement are restricted to the following criteria: 1. For the purpose of verifying the address and residency of registered sex and kidnapping offenders; and 2. For the goal of improving public safety by establishing a greater presence and emphasis in King County neighborhoods; and 3. For increasing immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction Any non-overtime related expenditures must be pre-approved by KCSO. Your request for pre-approval must include: 1) The item you would like to purchase, 2) The purpose of the item, 3) The cost of the item you would like to purchase. You may send this request for pre-approval in email format. Requests for reimbursement from KCSO for the above non-overtime expenditures must be accompanied by a spreadsheet detailing the expenditures as well as a vendor's invoice and a packing slip. The packing slip must be signed by an authorized representative of the Contractor. All costs must be included in the request for reimbursement and be within the overall contract amount. Over expenditures for any reason, including additional cost of sales tax, shipping, or installation, will be the responsibility of the Contractor. Page 3 of 5 June 27,2016 Cost Reimbursement Agreement Requests for reimbursement must be sent to: Attn: Tina Keller, Project Manager King County Sheriff's Office 500 Fourth Avenue, Suite 200 M/S ADM-SO-0200 Seattle, WA 98104 Phone: 206-263-2122 Email: tina.keller @kingcounty.gov The maximum amount to be paid under this cost reimbursement agreement shall not exceed Twenty Five Thousand Fifty Two Dollars and Twenty Seven Cents ($25,052.27). Expenditures exceeding the maximum amount shall be the responsibility of Contractor. All requests for reimbursement must be received by KCSO by July 31, 2017 to be payable. ARTICLE V. WITNESS STATEMENTS "Exhibit C" is a"Sex/Kidnapping Offender Address and Residency Verification Program Witness Statement Form." This form is to be completed by any witnesses encountered during a contact when the offender is suspected of not living at the registered address and there is a resulting felony"Failure to Register as a Sex Offender" case to be referred/filed with the KCPAO. Unless, due to extenuating circumstances the witness is incapable of writing out their own statement,the contacting officer/detective will have the witness write and sign the statement in their own handwriting to contain, verbatim,the information on the witness form. ARTICLE VI. FILING NON-DISCOVERABLE FACE SHEET "Exhibit D"is the "Filing Non-Discoverable Face Sheet." This form shall be attached to each"Felony Failure to Register as a Sex Offender" case that is referred to the King County Prosecuting Attorney's Office. ARTICLE VII. SUPPLEMENTING,NOT SUPPLANTING Funds may not be used to supplant(replace) existing local, state, or Bureau of Indian Affairs funds that would be spent for identical purposes in the absence of the grant. Overtime - To meet this grant condition, you must ensure that: • Overtime exceeds expenditures that the grantee is obligated or funded to pay in the current budget. Funds currently allocated to pay for overtime may not be reallocated to other purposes or reimbursed upon the award of a grant. • Additionally, by the conditions of this grant, you are required to track all overtime funded through the grant Page 4 of 5 June 27,2016 • Cost Reimbursement Agreement ARTICLE VII. AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. IN WITNESS WHEREOF,the parties have executed this Agreement by having their representatives affix their signatures below. FEDERAL WAY POLICE KING COUNTY SHERIFF'S DEPARTMENT OFFICE Andy Hwang, Chief of Police John Urquhart, Sheriff Date Date Page 5 of 5 June 27,2016 £XN IFS IT A Page: 1 Verification Request Agency: King County WA Sheriffs Office Administrator: King County Sheriffs Office RSCPhone: (206)263-2120 Date: 6/16/2016 Offender Information Offender Photo Name test,test Registration# 2353765 POB SSN DOB 01/01/1990 Age 26 Alt Reg# Sex Orient Dry.Lic./State PHOTO NOT AVAILABLE Race Nat. No Selection FBI Height Hair State ID Weight Eyes Last Verified: Risk Type Date Comm. Active Officer Alert LOOK HERE FOR OFFICER SAFETY INFORMATION Employment/School Name Address Supervisor Phone Residence (Bold-Primary Home Address) Street Alias Phone (Bold-Primary Contact Numbers) Scars/Tattoos Number Type Description Location Type Description Vehicle Make Model Color Year License State VIN Comments Offense Date RS Code/Description Convicted Released Case# Crime Details do hereby attest, under penalties of perjury,that any and all information contained here is current and accurate on this day of 20 Offender Signature: Officer Signature: Date: Produced by OffenderWatch-www.watchsystems.com © 7 Z a a , W - z 44 Z z U N ¢lt O H a 0. O a U d a d a.- W W U w w z CO i U F A 0 A ° z w w .. ° 1-1 F J w a W � a d a.. HA O FW x z v1 O U z U o °4 � e ; g ., - � A ° OCN ° o ❑ L , 7 �w W FUN , zaz dW - o 64 QQ o .- ° O 1 < 0 A U O et * a � � � �A w G �o z H H a ❑ U ° W w H � z °z z z w ° z a ❑ ❑ H o AD W a o H 0 x z � 2 H i, E� O Wc ^ p v a .a .4 Z z ¢ _ Z 44 6.4 I 61y H Z omz � .. w - .. W W a 4 U W W w z w A z x z z Z 0 ° O CO Z x w a ro O W U rs! x W a .. xax a z a Q O Q N W O Q w H O w .� Wv1WWW A �, z 7 < zz " p� ..,_ .7.z al w w � xo ¢ w ,.: f� a c.) w0waw W W a . a , w W O � OWO H H HW Q A A o H v 0 EXHIBIT C Date Agency/Officer Incident number Witness Statement—Failure to Register Suspect's Name: Suspect's Last Registered Address: Witness'Name: Witness's Home Address: Witness' Home Phone Number Cell: Other: How do they know the suspect(please be as detailed as possible)? *If suspect rented an apartment or a room from the witness,please have them provide a copy of any documentations to this effect and any documentations the suspect moved out. Did the witness ever see the suspect at his/her last registered address? How often would they see him/her there? When did the witness start seeing him/her there? When did they stop? Why did the suspect stop staying at the address? Did the suspect keep any personal belongings there? In general,when is the last time they saw the suspect? Do they know where the suspect moved to or their current whereabouts? Can they provide the names and contact information of any other witnesses who would have seen the suspect staying at his/her last registered address? Is the witness willing to assist in prosecution? Under penalty of perjury of the laws of the State of Washington,I certify that the foregoing is true and correct. Witness' Signature date EXHIBIT D WASPC GRANT FILING NON-DISCOVERABLE TO: KCPAO—Special Assault Unit—Seattle DATE: FROM: INCIDENT#: AGENCY: SUSPECT#1: DOB: RACE: SEX: M ❑ FE HGT: WGT: SUSP#1 ADDRESS: CHARGE: Failure to Register as a Sex Offender DATE OF CRIME: VICTIM#1: State of Washington DOB: VICTIM#2: DOB: INTERVIEWED BY: NO ONE DPA NAME: TYPE OF CASE: FTR-Failure To Register OTHER TYPE: THIS CASE IS BEING REFERRED FOR THE FOLLOWING REASONS ❑ FILING OF CHARGES: - Comments: ❑ DECLINE: -Comments: WASPC STATISTICAL REPORTING TO KCSO Case Referral Received by KCPAO on this date: Case filed by KCPAO: YES ❑ NO ❑ Cause Number Assigned: If no, please indicate why: Other Explanation: COUNCIL MEETING DATE: July 19,2016 ITEM#: ha CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: GARNER PROPERTY ABATEMENT COST ASSESSMENT AND LIEN AUTHORIZATION POLICY QUESTION: Should City Council authorize staff to collect the total costs to abate code violations on Mr. Charles Garner's three properties, including fees and penalties, and place a special assessment lien against the three properties to ensure payment through the property tax system? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Scott Sproul,Acting.Director DEPT: Community Development Background: On November 19, 2014, the City served Charles Garner with a Notice of Violation and Order to Correct ("NOV") for three nuisance properties violating the FWRC. Mr. Garner failed to comply with the NOV and, on August 17, 2015, the City abated the code violations on all three properties. The total costs associated with the abatement, including fees and penalties, totaled $38,878.21. Pursuant to FWRC 1.15.080, staff requests authorization to place a tax lien on the three nuisance properties to recover this amount. Attachments: Staff Report. Options Considered: 1. Confirm the amount of$38,878.21 and authorize placement of assessment liens on each parcel as recommended by staff. 2.Revise the amount and authorize placement of assessment liens on each parcel. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL:j// . jaj� ( /�j 4,,>/( --DIRECTOR APPROVAL 7 / �(o �mm Ci , nji' 7)9j Initial/D e Initial/!.to AIM ate` CHIEF OF STAFF: ,Nt, QM.. F. t ee Counci niti.rDate Initial/) e COMMITTEE RECOMMENDATION:N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move that City Council confirm the amount of$38,878.21 assessed against Mr. Charles Garner and authorize placement of assessment liens on each individual parcel as recommended by staff" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# STAFF REPORT TO THE FEDERAL WAY CITY COUNCIL Report of Expense- Garner Abatement Assessment of Abatement Costs Pursuant to Chapter 1.15 of Federal Way Revised Code for the Abatement of Public Nuisance Property DATE AND TIME OF HEARING: July 19,2016, 7:00 p.m.,Federal Way City Hall Council Chambers VIOLATION NUMBER: 14-101846 SUBJECT PROPERTIES: 1. Parcel No. 515320-0095, adjacent to 29811 Marine View Drive SW,"Property 1" 2. Parcel No. 515320-0090,29811 Marine View Drive SW,"Property 2" 3. Parcel No. 072104-9190, 1403 SW Dash Point Rd,"Property 3" PROPERTY OWNER: Charles Garner STAFF REPRESENTATIVE: Scott Sproul,Acting Director of Community Development DATE OF ABATEMENT: August 17,2015 TOTAL COST OF ABATEMENT: $38,878.21, see itemized report attached as Exhibit A. STAFF RECOMMENDATION: Authorize staff to collect the total costs to abate the violation, administrative fees,and fines assessed by the City of Federal Way Hearing Examiner as a special assessment against each property to ensure payment through the property tax system. BACKGROUND Charles Garner's properties have a long history of documented,repeated code violations dating back to the incorporation of the City of Federal Way. Since 1990 the complaints and violations have included exterior junk, storage of building materials, construction vehicles and City Council Staff Report Page 1 Report of Expense/Gamer Abatement equipment, generators,motors, scrap metal, farm equipment and tractors, lawn mowers,boats, trailers,junk cars, and commercial vehicles. Although records show numerous attempts by the City to obtain and retain compliance, the property has a cyclical history of reverting back into a state of violation. The City has, over time,investigated,and attempted to enforce City public nuisance provisions,unfit premises, and provisions of the Development Code,Title 19 FWRC, and Building Code,Title 13 FWRC, related to Properties 1,2, and 3. ABATEMENT AND APPEAL In the most recent case,No. 14-101846, a Notice of Violation and Order to Correct ("NOV")was filed on November 19,2014 for Properties 1,2, and 3. Mr. Gamer appealed the NOV to the City Hearing Examiner("HX").After holding a hearing,the HX upheld most of the violations on the property, dated March 31,2015,upholding the City's complaint of a Public Nuisance. The HX determined Mr. Garner's appeal to be frivolous and penalized Mr. Gamer $12,800 payable by September 30, 2015 or under a reasonable payment plan approved by City staff. $9,800 could have been waived if Mr. Garner corrected the violations sustained by the decisions by April 24,2015. Mr. Gamer filed a motion for reconsideration of the HX's order, which was denied in its entirety on May 14,2015. Mr. Garner did not correct the violations. Mr. Gamer also failed to make any arrangements to pay the penalty or pursue a payment plan, Mr. Garner filed an appeal of the HX's decision to the King County Superior Court. On July 7,2015,the Superior Court granted the City's motion to dismiss,and upheld the HX's decision. Staff moved forward with abatement of the Properties in accordance with Chapter 1.15 FWRC, and obtained cost estimates from local contractors. Special Interest Towing("SIT") responded with the lowest responsive bid and provided a cost estimate of$18,000.20. The building official approved abatement of the properties by SIT. Abatement of Properties 1, 2, and 3 occurred on August 17,2015 to obtain compliance with the FWRC. SIT removed the vehicles, equipment,junk and debris, stored the items, and invoiced the City in the amount of$17,825.36: $17,820.00 Storage Fee $1,541.13 Less Scrap value paid to City of Federal Way $16,278.87 Storage less Scrap value $1,546.49 Plus 9.5%WA Sales Tax $17,825.36 Total Billing from SIT Mr. Gamer paid$591.30 directly to SIT to reclaim one trailer,which is not included in the above totals. In addition to the above billing from SIT and the HX imposed a$12,800 penalty, the City is also allowed to collect incidental expenses,which include administrative fees,personnel costs, and other associated expenses incurred by the City to abate the violations,which totaled $8,252.84.The invoice to Mr. Gamer, for the cost of abatement and the penalties ordered by the City Council Staff Report Page 2 Report of Expense/Garner Abatement HX,totaled$38,878.21. The itemized report of the penalty and costs incurred by the City to abate Properties 1,2, and 3 is attached as Exhibit A. To date,Mr. Gamer has made no attempt to pay the City. Pursuant to FWRC 1.15.080,the City may seek reimbursement for the costs of the abatement and HX imposed penalties by placing an assessment lien on the property. PROCEDURE Pursuant to FWRC 1.15.080 4(a),a copy of the report and a notice of the time and date when the report shall be heard by the City Council must be served on the person responsible for payment at least five days prior to the hearing before the City Council. The City properly served Mr. Garner before this hearing. CITY COUNCIL ACTION Pursuant to FWRC 1.15.080 4(b),the City Council shall review the report and such other information on the matter as it receives and deems relevant at the hearing. The City Council shall confirm or revise the amounts in the report, authorize collection of that amount or, in the case of a debt owed by a property owner, authorize placement of an assessment lien on the property as provided herein. STAFF RECOMMENDATION Based on the record, staff believes the charges incurred are just and reasonable, and should not be reduced. Furthermore, staff recommends the City Council authorize these costs as an assessment lien against the properties to ensure payment through the tax system. COUNCIL OPTIONS 1. Confirm the$38,878.21 amount and authorize placement of an assessment lien on each individual parcel for the amounts listed in Exhibit A. 2. Revise amount and authorize placement of an assessment lien on each individual parcel. City Council Staff Report Page 3 Report of Expense/Garner Abatement EXHIBIT A Itemized Report of Abatement Costs Property 1 Costs: $21,638.79 Property 2 Costs: $11,689.00 Property 3 Costs: $5,550.42 Total for all Parcels: $38,878.21 Property 1, Parcel No. 515320-0095,adjacent to 29811 Marine View Drive SW Abatement Costs Invoice CD-0820 $11,912.37(SIT Costs, see breakdown below) +$4,126.42 (City Costs, see breakdown below) +$5,600.00(HX Penalty) Parcel Total=$21,638.79 SIT Invoiced Costs Weight Scrap Make/Model Location Charge Days in Value Storage Per Day Paid aid to Fee City Versa Generator Parcel next to 29811 W/wheels Marine View DR 515320-0095 $45.00 24 2985 $75 $1,080.00 GMC 6000 Flat bed Parcel next to 29811 truck Marine View DR 515320-0095 $45.00 24 11970 $299 $1,080.00 Parcel next to 29811 Wells Utility Trailer Marine View DR 515320-0095 $45.00 24 6615 $165 $1,080.00 Mercedes C280 4 Parcel next to 29811 Door Marine View DR 515320-0095 $45.00 24 3205 $80 $1,080.00 • Parcel next to 29811 Hydraulic Box Marine View DR 515320-0095 $45.00 4 180 $5 $180.00 Parcel next to 29811 Bull Dog Trailer Marine View DR 515320-0095 $45.00 12 0 $0 $0.00 City Council Staff Report Page 4 Report of Expense/Gamer Abatement Jeep Grand Parcel next to 29811 Cherokee Marine View DR 515320-0095 (ROW) $45.00 24 4300 $108 $1,080.00 Parcel next to 29811 Trailer Marine View SR 515320-0095(ROW) $45.00 24 1840 $46 $1,080.00 Simplicity Tractor Parcel next to 29811 (lawn) Marine View DR 515320-0095 $45.00 24 595 $15 $1,080.00 Kubota Parcel next to 29811 Tractor/B1750 Marine View DR 515320-0095 $45.00 24 1800 $45 $1,080.00 Landlord Tractor Parcel next to 29811 (lawn) Marine View DR 515320-0095 $45.00 24 780 $20 $1,080.00 Allis Chalmer Parcel next to 29811 Tractor Marine View DR 515320-0095 $45.00 24 2505 $63 $1,080.00 Parcel next to 29811 Tiller Attachment Marine View DR 515320-0095 $45.00 4 730 $18 $180.00 Large Cylinder Parcel next to 29811 (metal) Marine View DR 515320-0095 $45.00 4 610 $15 $180.00 Bobcat Shovel Parcel next to 29811 Attachment Marine View DR 515320-0095 $45.00 4 235 $6 $180.00 Parcel next to 29811 Cylinder(metal) Marine View DR 515320-0095 $45.00 4 850 $21 $180.00 Parcel next to 29811 Woods Brush Hog Marine View DR 515320-0095 $45.00 4 865 $21 $180.00 Storage Fee $11,880.00 (Less) scrap paid ($1,001.13) Sales Tax(9.5%) $1,033.49 Total $11,912.36 City Council Staff Report Page 5 Report of Expense/Garner Abatement Ci of Federal Wa Labor Cost Description Department Hours Labor Cost Civil Standby Police Department Labor 4.75 hrs. $233.33 Code Enforcement Community Abatement Labor Development 16 hrs. $652.03 Code Enforcement Community Case Admin.Labor Development 81.6 hrs. $3,241.06 Labor Total 102.35 hrs. $4,126.42 Storage(SIT) $11,912.37 Labor (CFW) $4,126.42 Fine(HX) $5,600.00 Parcel Total $21,638.79 City Council Staff Report Page 6 Report of Expense/Garner Abatement Property 2, Parcel No. 515320-0090, 29811 Marine View Drive SW Abatement Costs Invoice CD-0819 $3,562.58 (SIT Costs, see breakdown below) +$4,126.42 (City Costs, see breakdown below) +$4,000 (HX Penalty) Parcel Total=$11,689.00 S I eclat Interest Towin Char les Weight Scrap Make/Model Location Charge Days in Value Storage Per Day Pounds Paid to Fee City SUNI Boat Trailer ROW of 29811 Marine 1999 View DR _ $45.00 24 650 $16 $1,080.00 Bayliner Boat ROW of 29811 Marine View DR $45.00_ 24 500 $13 $1,080.00 International 29811 Marine View Tractor DR $45.00 4 1330 $33 $180.00 Whiteman Concrete 29811 Marine View Finisher DR $45.00 4 230 $6 $180.00 Robbins&Myers 29811 Marine View Overhead Wench DR $45.00 4 625 $16 $180.00 International 29811 Marine View Tractor DR $45.00 4 5015 $125 $180.00 Wisconsin Engine 29811 Marine View VR4D DR $45.00 4 920 $23 $180.00 Wisconsin Air 29811 Marine View Cooled Motor DR $45.00 4 930 $23 $180.00 International 29811 Marine View Harvester Tractor DR $45.00 4 2095 $52 $180.00 Tractor 29811 Marine View DR $45.00 4 1565 $39 $180.00 Storage Fee $3,600.00 (Less)scrap paid ($346.50) Sales Tax(9.5%) $309.08 Total $3,562.58 City Council Staff Report Page 7 Report of Expense/Garner Abatement Ci of Federal Wa Labor Cost Description Department flour` l.`►hur Cost Civil Standby Police Department Labor 4.75 hrs. $233.33 Code Enforcement Community Abatement Labor Development 16 hrs. $652.03 Code Enforcement Community Case Admin. Labor Development 81.6 hrs. $3,241.06 Labor Total 102.35 hrs. $4,126.42 Storage(SIT) Labor (CFW) $3,562.58 Imposed Fine $4,126.42 (HX) $4,000.00 Parcel Total $11,689.00 City Council Staff Report Page 8 Report of Expense/Gamer Abatement Property 3, Parcel No. 072104-9190, 1403 SW Dash Point Rd. Abatement Costs Invoice CD-0818 $2,350.42 (SIT Costs, see breakdown below) + $3,200 (Hearing Examiner Penalty) Parcel Total= $5,550.42 S ecial Interest Towin: Char es Weight Scrap Make/Model Location Charge Days in Value Storage Per Day Pounds Paid to Fee City Chevrolet Dump 1403 Dash Point RD Truck C 6500 $45.00 24 5860 $162 $1,080.00 Truck Weld Dump 1403 Dash Point RD Bed $45.00 24 1185 $30 $1,080.00 Hydraulic Valve 1403 Dash Point RD and Tank $45.00 4 75 $2 $180.00 Storage Fee $2340.00 (Less) scrap paid ($193.50) Sales Tax(9.5%) $203.92 Total $2,350.42 Storage(SIT) Labor (CFW) $2,350.42 Imposed Fine $0.00 (HX) $3,200.00 Parcel Total $5,550.42 City Council Staff Report Page 9 Report of Expense/Garner Abatement COUNCIL MEETING DATE: July 19,2016 ITEM#: 7a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amending Title 19,Federal Way Revised Code (FWRC) Impact Fee Collection Deferral Program POLICY QUESTION: Should the City revise the Federal Way Revised Code(FWRC)to allow a deferment of impact fee collection until the time a new single-family residence receives final inspection? COMMITTEE: Land Use &Transportation Committee MEETING DATE: July 1 I, 2016 CATEGORY: n Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Planner Jim Harris DEPT: Community Development Attachments: 1. LUTC Memorandum 2. Draft Ordinance 3. Planning Commission Public Hearing Packet(June 15, 2016) Options Considered: 1. Adopt the proposed ordinance; 2. Adopt the proposed ordinance as amended; or 3. Do not adopt the proposed ordinance and provide guidance to staff. MAYOR'S RECOMMENDATION: Option 1 /1 MAYOR APPROVAL: • '? • - DIRECTOR APPROVAL• Commi ee / Council vial/Date Initial/Date Initial/Date CHIEF OF STAFF: AW N. t 4 L) ��. ►(.� Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION:I move to forward the proposed ordinance to First Reading on July 19, 2016. - Mir C KI o an lly Maloney Lydia Assefa-Dawson pp g Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (JULY 19,2016): `I move to forward approval of the ordinance to the August 9, 2016, Council Meeting for enactment. " 2ND READING OF ORDINANCE(AUGUST 9,2016): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading • ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# • • REVISED—1/2015 RESOLUTION# CITY OF a Federal Way MEMORANDUM DATE: June 28,2015 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM: Jim Harris, Planner SUBJECT: Zoning and Development Code Text Amendment-Impact Fee Payment Deferral Program BACKGROUND This code amendment is in response to state legislation adopted in 2015.The state legislature enacted ESB 5923, requiring counties, cities,and towns to adopt a deferral system for the collection of impact fees for new single-family residential construction. Under the new state legislation,the City of (school and transportation) Federal Way must adopt a deferral system for the collection of impact fees(s d p ) that, upon developer request, delays payment until the time of: 1. Final inspection; 2. Issuance of the certificate of occupancy or equivalent certification; and/or 3. The closing of the first sale of the property. Other provisions of the new law that are included in the proposed Federal Way Revised Code ("FWRC")revisions include: • The term of the deferral is not more than 18 months from issuance of the building permit. • The amount of impact fees that may be deferred is determined by the fees in effect at the time the applicant applies for a deferral. • Deferral of impact fees are limited to the first 20 single-family residential building permits annually, per applicant. • An applicant seeking deferral must grant and record a lien against the property in favor of the municipality in the amount of the deferred impact fee. • Municipalities and school districts are authorized to institute foreclosure proceedings if impact fees are not paid. • Municipalities may collect reasonable administrative fees from applicants seeking a deferral. MAYOR'S RECOMMENDATION The Mayor recommends adopting the proposed ordinance to defer school and transportation impact fee collection to the point of the final building permit inspection for new single-family residences. k\2016 Code Amendments\Impact Fee Deferral-Procedural\LUTC Memo.doc ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to an impact fee payment deferral program; amending FWRC 19.91.060, 19.95.050, 19.100.060, and 19.100.070; repealing FWRC 19.91.065; and adding new sections to Chapters 19.91, 19.95, and 19.100 FWRC. (Amending Ordinance Nos. 90-39, 95-249, 97-293, 09- 627, 10-658, 11-710, 12-727 and 15-783) 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 code amendments to allow for deferred collection of impact fees as required by Washington State law in ESB 5923, which was passed in 2015; and WHEREAS, the new Washington State law requires cities to adopt a deferral system for the collection of impact fees; and WHEREAS, the City of Federal Way is adopting impact fee payment deferral regulations in compliance with the new State law; and WHEREAS, the Washington State law deadline for adopting the impact fee deferral regulations is September 1, 2016; and WHEREAS, the proposed amendments implement business friendly procedures and provide assurances for collection of impact fees; and WHEREAS, the proposed amendments relate to governmental procedures and do not contain substantive changes respecting use or modification of the environment; therefore, the proposed Ordinance No. 16- Page 1 of 9 Rev 1/15 LU amendments are categorically exempt from environmental threshold determination requirements pursuant to WAC 197-11-800(19); and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on June 15, 2016, 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 July 11, 2016, and recommended adoption of the text amendments as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as the amendments implement a legislative mandate to allow deferral of impact fee collection and address the financial burden of paying all fees during the early stages of the building process. (b) These code amendments comply with Chapter 36.70A RCW,Growth Management. (c) These code amendments are required by Washington State law ESB 5923. (d) 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. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect,the public health, safety, and welfare. (f) 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: Ordinance No. 16- Page 2 of 9 Rev 1/15 LU (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 amendments bear a substantial relationship to the public health, safety, and welfare because they implement business friendly procedures and will address the financial burden of paying fees at the early stages of the building process, and the amendments are required by Washington State law. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they implement a legislative mandate to allow deferral of impact fee collection. Section 3. Section 19.91.060 of the FWRC is hereby amended to read as follows: 19.91.060 Assessment of impact fees. (1)The city shall collect impact fees, based on the land use categories and rates on the current fee schedule,from any applicant seeking development permits or plat approval from the city where such .. •-• . • . .. - - . . - . •. . ..• • •.•, issuance of a building permit or approval for a change in use, except for development exempt under FWRC 19.91.080.This shall include, but is not limited to,the development of residential,commercial,retail,office,and industrial land,and includes the expansion of existing uses that creates a demand for additional system improvements as well as a change in existing use that creates a demand for additional system improvements. The public works department is authorized to determine the appropriate land use category found in the rate schedule that applies to the application. (2)All impact fees shall be due and payable pursuant to the guidelines established in FWRC 19.100.070(3), except as authorized under FWRC 19.91.066. (3)The public works department shall establish the traffic impact fee rate for a land use that is not listed in the fee schedule. The applicant shall submit all information requested by the city for purposes of determining the impact fee rate pursuant to FWRC 19.91.070. (4)For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building that generates additional trips,the impact fee shall be the Ordinance No. 16- Page 3 of 9 Rev 1/15 LU applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. If no impact fee was paid for the prior use,the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate of the current use. (5)For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the traffic impact fee rates set forth in the fee schedule. (6)The department of community development services shall not record a residential plat or issue the required building permit until a covenant lien has been recorded pursuant to FWRC 19.100.070(3)(b) 19.100.075(3),or the traffic impact fees set forth in the fee schedule have been paid as set forth in the fee schedule or in the amounts that they exceed any credits allowable under this chapter. For a change in use where a building permit is not required,the applicant shall not occupy or permit a tenant to occupy the subject property unless and until the impact fee has been paid. Section 4. Section 19.91.065 of the FWRC is hereby repealed in its entirety. .! , : • •- . . - - use category that results in a higher fee.This section shall net apply to a project that expands the renovation or remodeling of existing stctures and does net apply to redevelopment projects in (Ord.No. 15 783, § 1, 2 3 15; Ord.No. 11 710, § 1, 12 6 11) Section 5. Chapter 19.91 of the FWRC is hereby amended to add a new section 19.91.066 to read as follows: 19.91.066 Option for deferred payment of transportation impact fee. An applicant may request, at any time prior to building permit issuance,and consistent with the requirements of this section,to defer to final building inspection the payment of a transportation impact fee for single-family residential dwelling units pursuant to FWRC 19.100.075. Section 6. Section 19.95.050 of the FWRC is hereby amended to read as follows: 19.95.050 Assessment of impact fees. (1)The city shall collect school impact fees,based on the fee schedule adopted by city council, from any applicant seeking development approval from the city where such development activity requires the issuance of a residential building permit or a manufactured home permit. (2)The impact fees due-en-a plat or a PUD-shall be assessed and collected from the lot owner at shall be governed by subsection(3)of this section. (3)(2)For existing lots or lots not covered by subsection (2)of this section,all applications for single-family,and multifamily residential building permits, and manufactured home permits,and site . . .. . . • . • . . _ .. . ... :, the total amount of the impact fees shall be assessed and collected from the applicant when the building permit is issued,using the fee schedule then in effect. Irrespective of the date that the application for a building permit or manufactured home permit was submitted, no permit shall be issued until the required school impact fees set forth in the fee schedule have been paid, except as authorized under FWRC 19.95.055. Ordinance No. 16- Page 4 of 9 Rev 1/15 LU ('1)The city shall not issue the required building permit-or manufactured home permit unless and Section 7. Chapter 19.95 of the FWRC is hereby amended to add a new section 19.95.055 to read as follows: 19.95.055 Option for deferred payment of school impact fee. An applicant may request, at any time prior to building permit issuance, and consistent with the requirements of this section, to defer to final building inspection the payment of a school impact fee fora single-family residential dwelling unit pursuant to FWRC 19.100.075. Section 8. Section19.100.060 of the FWRC is hereby amended to read as follows: 19.100.060 Methods of mitigation. (1)The methods of mitigating identified direct impacts required as a condition of any development approval may include,but are not limited to, dedication of land to any public body, off- site improvements, on-site improvements, and other capital or noncapital methods that may effectively reduce direct impacts. (2)In lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development,the city may approve a voluntary payment agreement with the developer,provided no such agreement shall be required as a condition of approval, and shall be subject to the following provisions: (a)The official or body approving development must find that the money offered will mitigate or is a satisfactory alternative to mitigate the identified direct impact. (b)The payment shall be held in a reserve account and may only be expended to fund a capital improvement or program agreed upon by the parties to mitigate the identified direct impact. (c)The payment shall be expended in all cases within applicable time limitations of Chapter 82.02 RCW, unless otherwise agreed to by the developer. (d)Unless the property owner elects to defer payments authorized in FWRC 19.100.070(1)(b) or(3)(b) 19.100.075, any payment not expended within applicable time limitations shall be refunded to the property owners of record at the time of the refund with interest at the rate earned in the city's reserve account applicable at the time of refund. If the payment is not expended within the applicable time limitations due to delay attributable to the developer,the payment shall be refunded without interest. (e)Property owners entitled to a refund and/or interest under the provisions of this chapter may voluntarily and in writing waive their right to a refund for a specified period of time in the interest of providing the designated capital improvement or other capital improvement or program identified by the property owner and acceptable to the city. (f)The developer may voluntarily and in writing waive on behalf of the developer and subsequent purchasers the right to interest and/or a refund in order to facilitate completion of an improvement. Under no condition shall such a waiver be required as a condition of approval. Such waiver shall be recorded with the county where the property is situated and shall be binding on subsequent owners. Section 9. Section 19.100.070 of the FWRC is hereby amended to read as follows: Ordinance No. 16- Page 5 of 9 Rev 1/15 LU 19.100.070 Timing of fee payments. Various sections of this Code require payment of fees to mitigate direct impacts of the development approval.Notwithstanding those fees eligible for deferment pursuant to subsections (1)(b), (1)(c), and(3)(c) of this section,the following describes when such fees shall be calculated and paid: (1) Open space fee-in-lieu. (a)As provided in FWRC 18.55.060 and 19.1 15.115, a fee in lieu of open space may be made to satisfy open space requirements at the discretion of the parks director and shall be calculated and paid at the time of plat recording for residential land divisions, or prior to building permit issuance for multifamily developments in the city center core and city center frame zoning districts,unless space deferred as noted below. The fee shall be calculated based upon the square footage of open s P q g p which otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value. (b) For those residential land divisions vested prior to July 2,2015, open space fees-in-lieu may be deferred, but shall be paid no later than the closing of sale of each individual house or five years from deferment of the fee,whichever is earlier. Covenants prepared by the city shall be recorded at the applicant's expense on each lot at the time of plat recording to enforce payment of deferred fees. The fee shall be calculated at the time of plat recording and divided equally among all newly created lots. The fee shall be calculated based upon the square footage of open space which otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value. As consideration for the ability to defer open space fee-in-lieu payments beyond plat recording,the applicant agrees to waive the right to interest and/or a refund if payment is not expended within five years of collection. (c)For multifamily developments in the city center core and city center frame,open space fees-in-lieu may be deferred, but shall be paid no later than the completion of construction and prior Y P P p to receipt of certificate of occupancy/approval to occupy for each floor or each building if phased,or five years from the recording of the deferment covenants, whichever is earlier. Covenants prepared by the city shall be recorded at the applicant's expense, prior to building permit issuance,to enforce payment of deferred fees. The fee shall be calculated at the time of recording of the covenants and shall be divided equally among all residential units within the project. The fee shall be calculated based upon the square footage of open space that otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value. As consideration for the ability to defer open space fee-in-lieu payments beyond building permit issuance,the applicant agrees to waive the right to interest and/or a refund if payment is not expended within five years of collection. (2)Regional stormwater facility fee-in-lieu. Developments may be able to utilize stormwater detention in one of the city's regional stormwater facilities based on an area fee-in-lieu established by the city. Fees are used for construction cost recovery and shall be paid at the time of plat recording for residential land divisions and prior to building permit issuance for commercial and multifamily developments. (3) Transportation impact fee. Unless the use of an independent fee calculation has been approved, or unless a development agreement entered into pursuant to RCW 36.70B.170 provided otherwise,the fee shall be calculated and er following: aid the followin P per g (a) -_ • •. . •. _ _ , - . . . . . . .. . . •_ •- . . . recording. For unplatted single family-residential lots and commercial and-multifamily developments, fees shall be calculated based on the impact fee schedule in effect at the time a completed building permit application is filed and paid prior to permit issuance. For a change in use for which no building Ordinance No. 16- Page 6 of 9 Rev 1/15 LU permit is required,the fee shall be calculated and paid based on the impact fee schedule in effect on the date of an approved change of use. (10 For residential land divisions and unplattcd single family residential lots, the transportation impact-fee may be deferred, but shall be paid no later than the closing of sale of ach individual house. (b)The city shall collect transportation impact fees, based on the fee schedule adopted by city council,from any applicant seeking development approval from the city where such development activity requires the issuance of a residential building permit or a manufactured home permit. (c) For all applications for single-family, multifamily residential building permits, and manufactured home permits,the total amount of the impact fees shall be assessed and collected from the applicant when the building permit is issued, using the fee schedule then in effect. Irrespective of the date that the application for a buildingpermit or manufactured home permit was submitted, no permit shall be issued until the required transportation impact fees set forth in the fee schedule have been paid,except as authorized under FWRC 19.100.075. (d) Where a building permit is not required for the development activity,the transportation impact fees shall be paid prior to issuance of the permit that authorizes the activity. Section 10. Chapter 19.100 of the FWRC is hereby amended to add a new section 19.100.075 to read as follows: 19.100.075 Option for deferred payment of transportation and school impact fee. An applicant may request, at any time prior to building permit issuance, and consistent with the requirements of this section,to defer to final building inspection the payment of a transportation impact fee and/or a school impact fee for a single-family residential dwelling unit. The following shall apply to any request to defer payment of an impact fee: (1)The applicant shall submit to the city a written request to defer the payment of an impact fee for a specifically identified building permit. The applicant's request shall identify, as applicable,the applicant's corporate identity and contractor registration number,the full names of all legal owners of the property upon which the development activity allowed by the building permit is to occur,the legal description of the property upon which the development activity allowed by the building permit is to occur,the tax parcel identification number of the property upon which the development activity allowed by the building permit is to occur, and the address of the property upon which the development activity allowed by the building permit is to occur. All applications shall be accompanied by an administrative fee as provided for in the city's adopted permit and impact fee schedule. (2)The impact fee amount due under any request to defer payment of impact fees shall be based on the schedule in effect at the time the applicant provides the city with the information required in subsection(1)of this section. (3)Prior to the issuance of a building permit that is the subject of a request for a deferred payment of the impact fee, all legal owners of the property upon which the development activity allowed by the building permit is to occur must sign a deferred impact fee payment lien in a form acceptable to the city attorney. The deferred impact fee payment lien shall be recorded against the property subject to the building permit and be granted in favor of the city in the amount of the deferred impact fee. Any such lien shall be junior and subordinate only to one mortgage for the purpose of construction upon the same real property subject to the building permit. In addition to the Ordinance No. 16- Page 7 of 9 Rev 1/15 LU administrative fee required in subsection(1)of this section,the applicant shall pay to the city the fees necessary for recording the lien agreement with the King County recorder. (4)The city shall not approve a final inspection until the impact fees identified in the deferred impact fee payment lien and the administrative deferral fee are paid in full. (5) In no case shall payment of the impact fee be deferred for a period of more than 18 months from the date of building permit issuance. Eighteen months after building permit issuance,the impact fee shall be paid regardless of the status of the building permit,unless the building permit has been canceled by the city. (6) Upon receipt of final payment of the deferred impact fee as identified in the deferred impact fee payment lien, the city shall execute a release of lien for the property. The property owner may, at his or her own expense, record the lien release. (7) In the event that the deferred impact fee is not paid within the time provided in this section, the city may institute foreclosure proceedings under the process set forth in Chapter 61.12 RCW. The school district may also institute foreclosure proceedings as set forth in RCW 82.02.050(3). (8)An applicant is entitled to defer impact fees pursuant to this section for no more than 20 single-family dwelling unit building permits per year in the city. For purposes of this section,an "applicant" includes an entity that controls the applicant, is controlled by the applicant, or is under common control with the applicant. Section 11. 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 12. 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 13. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 14. 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 Ordinance No. 16- Page 8 of 9 Rev 1/15 LU 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. 16- Page 9 of 9 Rev 1/15 LU AgA. CITY OF ‘11"—"'40■0000- Federal Way PLANNING COMMISSION MEMORANDUM To: Lawson Bronson, Chair of the Federal Way Planning Commission VIA: Scott Sproul,Acting Community Development Director FROM: Jim Harris, Planner Isaac Conlen, Planning Manager DATE: June 8,2016 SUBJECT: Zoning and Development Code Text Amendments Related to Impact Fee Payment Deferral Program HEARING DATE: June 15,2016 A. POLICY QUESTION Should the City revise the Federal Way Revised Code(FWRC)to allow a deferment of impact fee collection until the time a new single-family residence receives final inspection? B. MAYOR'S RECOMMENDATION The Mayor recommends allowing the deferment of school and transportation impact fee collection to the point of the final building permit inspection for new single-family residences. 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—May 27, 2016, Federal Way Public Schools Letter from Sally McLean,Assistant Superintendent D. SUMMARY This code amendment is in response to state legislation adopted in 2015. The state legislature enacted ESB 5923,requiring counties, cities, and towns to adopt a deferral system for the collection of impact fees for new single-family detached and single-family attached residential construction.Under the new state legislation, the City of Federal Way must adopt a deferral system for the collection of impact fees(school and transportation)that, upon developer request, delays payment until the time of: Planning Commission Staff Report June 8,2016 Deferral System for Collection of Impact Fees-Text Amendment Page 1 1. Final inspection; 2. Issuance of the certificate of occupancy or equivalent certification; and/or 3. The closing of the first sale of the property. Other provisions of the new law include • The term of the deferral is not more than 18 months from issuance of the building permit. • The amount of impact fees that may be deferred is determined by the fees in effect at the time the applicant applies for a deferral. • Deferral of impact fees can be limited to the first 20 single-family residential building permits annually,per applicant. • An applicant seeking deferral must grant and record a lien against the property in favor of the municipality in the amount of the deferred impact fee. • Municipalities may collect reasonable administrative fees from applicants seeking a deferral. • To limit the"spin—off LLC"issue,"applicant" is defined to include,"an entity that controls the applicant, is controlled by the applicant,or is under common control with the applicant." • Limited grandfathering is authorized for an existing deferral system(in effect on or before April 1,2015); even if it does not fully match the new state requirements,as long as all impact fees are deferred. • Municipalities and school districts are authorized to institute foreclosure proceedings if impact fees are not paid. The Mayor's recommendation allows the deferment of impact fee collection to the point of the final building permit inspection. E. ANALYSIS OF RECOMMENDATION Current Practice School Impact Fee FWRC 19.95.050 currently requires the collection of school impact fees at the time the building permit is issued for a new single-family residence. Transportation Impact Fee FWRC 19.100.070(3)currently requires the collection of transportation impact fees as follows: For new subdivisions, the payment of transportation impact fees must be paid prior to recording the final plat; except FWRC 19.100.070(3)(b)allows deferring the payment(with specific conditions) to a point no later than the closing of the sale of each individual house. For existing single-family lots,the payment of transportation impact fees must be paid at the time the building permit is issued fora new single-family residence; except FWRC 19.100.070(3)(b) allows deferring the payment(with specific conditions)to a point no later than the closing of sale of each individual house. Proposed Changes The purpose of this text amendment is to implement the state law mandate to allow deferral of collection and payment of impact fees. Planning Commission Staff Report June 8,2016 Deferral System for Collection of Impact Fees-Text Amendment Page 2 The proposed amendments will result in consistent treatment of school and transportation impact fee collection points and processes. The proposed amendments will result in a consistent default point for collection of school and transportation impact fee payments (at the time of the issuance of a building permit). The proposed amendments will result in a consistent school and transportation impact fee deferral collection point of 18 months after the issuance of a building permit, or fmal building inspection,whichever is sooner. Staff has found that the current FWRC provision to allow deferral of the collection of transportation impact fees to the point of house sale is problematic due to the following reasons: • The city is not involved in purchase/sale of houses and has no knowledge or involvement when houses sell; • Sometimes there is a last minute request to the city to release/sign off before the sale closing. Appropriate staff may not be available immediately, or are expected to prioritize such requests at the expense of other important work; • Collection at time of sale will require the city staff and school district to create and implement a new and better process for tracking collections and deferrals; • Some houses are not sold(retained by developer)and collection never occurs under the current deferral system; and • Collection could fall through the cracks and create a title cloud in future. The proposed code amendments include procedures and requirements for deferring collection, so the city and school district are assured these fees are paid within 18 months of deferral. One last provision of the code amendments is a house keeping amendment in the transportation mitigation section relating to suspension of impact fees for a change of use,to eliminate a paragraph (FWRC 19.91.065)which is inapplicable as it has a sunset date of December 31,2015. F. PROCEDURAL SUMMARY The proposed text amendments are procedural amendments 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's designated bulletin boards on May 27, 2016. This staff report was issued on June 8, 2016, and emailed to members of the Planning Commission. 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: Planning Commission Staff Report June 8,2016 Deferral System for Collection of Impact Fees-Text Amendment Page 3 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. 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 relation to public health,safety,or welfare. Staff Response—The proposed code amendments bear a substantial relationship to public welfare as they implement business friendly procedures and will address the financial burden of paying fees at the early stages of the building process; before a development project is generating any revenue for developers. The draft code amendments include provisions for collection of fees within 18 months of permit issuance or sooner,and include procedures for collection of deferred payment. Adoption of the code amendments is required by Washington State law. 3. The proposed amendment is in the best interest of the residents of the city. Staff Response—The proposed code amendments are in the best interest of the city as they implement a legislative mandate to allow deferral of impact fee collection and address the financial burden of paying all fees at the early stages of the building process. Planning Commission Staff Report June 8,2016 Deferral System for Collection of Impact Fees-Text Amendment Page 4 I. PLANNING COMMISSION ACTION The Mayor recommends allowing deferral of the collection of transportation and school impact fees until the point of final inspection for new single-family residences 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 June 8,2016 Deferral System for Collection of Impact Fees-Text Amendment Page 5 5 19 16 5-23-16—2nd Draft 5-26-16—3rd Draft 6-6-16 -4th draft Draft code language for Impact Fee Deferral Chapter 19.91 TRANSPORTATION IMPACT FEES Sections: 19.91.010 Title. 19.91.020 Purpose and intent. 19.91.030 Findings and authority. 19.91.040 Definitions. 19.91.050 Transportation impact fees methodology and applicability. 19.91.060 Assessment of impact fees. 19.91.065 Option for deferred payment of transportation impact fee. 19.91.070 Independent fee calculations. 19.91.080 Exemptions. 19.91.090 Credits. 19.91.100 Adjustments. 19.91.110 Establishment of impact fee account. 19.91.120 Authorization for interlocal agreement. 19.91.130 Administrative guidelines. 19.91.140 Refunds. 19.91.150 Use of funds. 19.91.160 Periodic adjustment of rates. 19.91.170 Administrative fees. 19.91.180 Review by director and appeals. 19.91.190 Existing authority unimpaired. 19.91.200 Relationship to State Environmental Policy Act(SEPA). EX !1 R IT 4 19.91.210 Relationship to concurrency management. PAGE 1 I OFD 1 19.91.010 Title. ..... ..... ........... ...................................................................................................................................................................................................................................................................................... This chapter shall be hereinafter known as the city of Federal Way transportation impact fee (TIF). (Ord. No. 09-627, §3, 10-20-09) 19.91.020 Purpose and intent. The purpose and intent of this chapter is for the collection of impact fees for streets and roads, and providing for certain other matters in connection therewith. (Ord. No. 09-627, §3, 10-20-09) 19.91.030 Findings and authority. The city council of the city of Federal Way hereby finds and determines that development activities, including but not limited to new residential, commercial, retail, office, and industrial development, in the city of Federal Way will create additional demand and need for public facilities in the city, and the council finds that such new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. The city of Federal Way has conducted extensive research and analysis documenting the procedures for measuring the impact of new developments on public facilities, has prepared the"Rate Study for Transportation Impact Fees, City of Federal Way"dated February 2009 ("rate study"), and incorporates that rate study into this title by this reference. The rate study utilizes a methodology for calculating impact fees that fulfills Is a!I of the requirements of RCW 82.02.060(1).A copy of the rate study shall be kept on file with the city clerk and is available to the public for review. Therefore, pursuant to Chapter 82.02 RCW,the council adopts this chapter to assess impact fees for streets and roads.The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing the impact fee program. (Ord. No. 09-627,§3, 10-20-09) 19.91.040 Definitions. The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090 or given their usual and customary meaning. Applicant"means a person who applies for a building permit under Chapter 19.20 FWRC and who is the owner of the subject property or the authorized agent of the property owner. EXPIRIT PACE, 2 OF '3' .2 "Building permit"means an official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure. "Capital facilities plan"means the capital facilities element of the city's comprehensive plan adopted pursuant to Chapter 36.70A RCW and such plan as amended. "City code section"means the Federal Way Revised Code or,when followed by a numerical designation, a provision of the FWRC. "Council"means the city council of the city. "Department"means the city's department of public works. "Development activity"means any work, condition, or activity which requires a permit or approval under the city's subdivision,zoning, or building code. Exempt permits are set forth in FWRC 19.91.080. "Development approval"means any written authorization from the city authorizing the commencement of a development activity or use. "Director"means the director of the department of public works of the city of Federal Way or her/his designee. "Encumbered"means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities. "Hearing examiner"means the hearing examiner operating pursuant to the powers and duties set forth by Chapter 2.95 FWRC. "Impact fee"means a payment of money imposed by the city of Federal Way on development activity pursuant to this title as a condition of granting development approval. "Impact fee"does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, or the cost of reviewing independent fee calculations. "Independent fee calculation"means the street and road impact calculation, and/or economic documentation prepared by an applicant, to support the assessment of an impact fee other than by the use of the rates listed in the fee schedule, or the calculations prepared by the director where none of the fee categories or fee EXPKIIT A 3 PAGE '2) OF, 3 3 amounts in the traffic impact fee in the fee schedule accurately describe or capture the impacts of the development activity on public facilities. "Interest"means the average interest rate earned in the last fiscal year by the city of Federal Way. "ITE land use code"means the classification code number assigned to a type of land use by the Institute of Transportation Engineers in the latest edition of Trip Generation. "P.M.peak hour"means the highest volume of traffic for a continuous hour between 4:00 p.m. and 6:00 p.m. on weekdays. "P.M.peak hour trips"means the total vehicular trips entering and leaving a place of new development activity on the adjacent public road or street during the p.m. peak hour. "Project improvements"means site improvements and facilities that are planned and designed to provide service for a particular development project and are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the council shall be considered a project improvement. "Public facilities,"for purposes of this chapter, means the following capital facilities owned or operated by the city of Federal Way or other governmental entities: public streets and roads. "Rate study"means the Transportation Impact Fees Program, City of Federal Way, by Fehr& Peers/Mirai, dated February 2009. "RCW"means the Revised Code of Washington or,when followed by a numerical designation, a provision of the Revised Code of Washington. "Residential"or"residential development"means all types of construction intended for human habitation. This shall include, but is not limited to, single-family, duplex, triplex, and other multifamily development. "Square footage"means the square footage of the gross floor area of the development as defined in this Code. "Street"or"road"means a public right-of-way and all related appurtenances which enables motor vehicles, transit vehicles, bicycles and pedestrians to travel between destinations, and affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, street, and other EX IR 4 thoroughfare. For purposes of this chapter, public streets and roads are collectively referred to as "transportation." "System improvements"means public facilities that are included in the city of Federal Way's capital facilities plan, and such plan as amended, and are designed to provide service to service areas within the community at large, in contrast to project improvements. "Transportation"means public streets and roads and related appurtenances. "Transportation impact fee account(s)"means the account(s) established for the transportation impact fees that are collected.The account(s) shall be established pursuant to FWRC 19.91.110 and shall comply with the requirements of RCW 82.02.070. (Ord. No. 09-627,§3, 10-20-09) 19.91.050 Transportation impact fees methodology and applicability. The transportation impact fee rates are generated from the formula for calculating impact fees set forth in the rate study,which is on file with the public works department. Except as otherwise provided for independent fee calculations in FWRC 19.91.070, exemptions in FWRC 19.91.080, and credits in FWRC 19.91.090, all new development activity in the city will be charged the transportation impact fee applicable to the type of development as set forth in the traffic impact fee in the current fee schedule as adopted by council. (Ord. No.09-627,§3, 10-20-09) 19.91.060 Assessment of impact fees. (1)The city shall collect impact fees, based on the land use categories and rates on the current fee schedule, from any applicant seeking development permits or plat approval from the city where such development activity requires the recording of a residential subdivision, issuance of a building permit or approval for a change in use, except for development exempt under FWRC 19.91.080. This shall include, but is not limited to,the development of residential, commercial, retail, office, and industrial land, and includes the expansion of existing uses that creates a demand for additional system improvements as well as a change in existing use that creates a demand for additional system improvements. The public works department is authorized to determine the appropriate land use category found in the rate schedule that applies to the application. (2)All impact fees shall be due and payable pursuant to the guidelines established in FWRC 19.100.070(3). EX/41'11T 5 PAGE ¶ OF 33 (3)The public works department shall establish the traffic impact fee rate for a land use that is not listed in the fee schedule. The applicant shall submit all information requested by the city for purposes of determining the impact fee rate pursuant to FWRC 19.91.070. (4) For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building that generates additional trips,the impact fee shall be the applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate of the current use. (5) For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the traffic impact fee rates set forth in the fee schedule. (6)The department of community development services shall not record a residential plat or issue the required building permit until a covenant has been recorded pursuant to FWRC 19.100.075 et al, or the traffic impact fees set forth in the fee schedule have been paid as set forth in the fee schedule or in the amounts that they exceed any credits allowable under this chapter. For a change in use where a building permit is not required, the applicant shall not occupy or permit a tenant to occupy the subject property unless and until the impact fee has been paid. (Ord. No. 10-658, §3,5-18-10;Ord. No. 09-627, §3, 10-20-09) Notwithstanding any other provision of this chapter, the city temporarily suspends the imposition of (Ord. No. 15-783,§ 1,2-3-15; Ord. No. 11-710,§ 1, 12-6-11) 19.91.065 Option for deferred payment of transportation impact fee. An applicant may request, at any time prior to building permit issuance,and consistent with the requirements of this section,to defer to final building inspection the payment of a transportation impact fee for a single-family residential dwelling unit pursuant to FWRC 19.100.075. EXPIR1T /� 6 19.91.070 Independent fee calculations. (1) If, in the judgment of the director, none of the fee categories or fee amounts set forth in FWRC 19.91.060 accurately describes or captures the impacts of a new development on roads, the department may conduct independent fee calculations and the director may impose alternative fees on a specific development based on those calculations. (2) The applicant may opt not to have the impact fees determined according to the fee structure in the traffic impact fee schedule listed in the city fee schedule, in which case the applicant shall prepare and submit to the director an independent fee calculation for the development activity for which a development permit is being sought. The documentation submitted shall be prepared by a licensed traffic engineer and shall show the basis upon which the independent fee calculation was made using procedures consistent with those established in the Trip Generation Handbook, current edition, by the Institute of Transportation Engineers.An independent fee calculation shall use the same methodology used to establish impact fees set forth in the traffic impact fee schedule, shall be limited to adjustments in trip generation rates and lengths used in the rate study, and shall not include travel demand forecasts, trip distribution, transportation service areas, costs of road projects, or cost allocation procedures. (3)The applicant submitting an independent fee calculation will be required to pay the city of Federal Way a fee to cover the cost of reviewing the independent fee calculation. The fee required by the city for conducting the review of the independent fee calculation shall be charged on an hourly rate as adopted by the council at the time of the submittal. (4)There is a rebuttable presumption that the calculations set forth in the rate study and the fee set forth in the traffic impact fee schedule are valid. The director shall consider the documentation submitted by the applicant, but is not required to accept such documentation or analysis which the director reasonably deems to be inapplicable, inaccurate or not reliable.The director may require the applicant to submit additional or different documentation for consideration.The director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. (5) Determinations made by the director pursuant to this section may be appealed as set forth in FWRC 19.91.180. (Ord. No. 09-627,§3, 10-20-09) 19.91.080 Exemptions. EXP! T 7 PAGE 7 OF .?3 (1) Except as provided for below, the following shall be exempted from the payment of transportation impact fees: (a)Alteration or replacement of an existing nonresidential structure that does not expand the usable space, add any residential units or generate any additional p.m. peak trips. (b) Miscellaneous improvements which do not generate increased p.m. peak trips, including, but not limited to, fences,walls, residential swimming pools, and signs. (c) Demolition or moving of a structure when additional p.m. peak hour trips are not generated. (d)A change of use that does not generate one or more p.m. peak hour trips. (e) Miscellaneous permits such as electrical,fire protection system, mechanical, plumbing, right-of-way use, shoreline and sign permits which do not generate any new trips. (f) Rezones, comprehensive plan amendments, land surface modifications, commercial subdivisions, boundary line adjustment and lot line eliminations, which do not generate any trips. (g)Structures constructed by a regional transit authority as defined in RCW 82.02.09. (h)Any development permit application that has been submitted to the city before 5:00 p.m.the business day before the effective date of the ordinance codified in this chapter and subsequently determined to be a complete land use application in conjunction with a concurrency application, based on the information on file as of the effective date of the ordinance codified in this chapter. (2)The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section or under other applicable law. Determinations of the director shall be subject to the appeals procedures set forth in FWRC 19.91.180. (Ord. No.09-627, §3, 10-20-09) 19.91.090 Credits. (1)An applicant may request that a credit or credits for impact fees be awarded to him/her for the total value of system improvements, including dedications of land, improvements and/or construction provided by the applicant. Credits will be given only if the land, improvements, and/or the facility constructed are: EXPIrlIT; 8 RAGE, V OF 35_ in the rate study as the basis for calculating the (a) For one or more of the transportation projects listed y g impact fee. (2)The director shall determine if requests for credits meet the criteria in subsection (1)of this section or under other applicable law. Determinations of the director shall be subject to the appeals procedure set forth in FWRC 19.91.180. (3) Each request for a credit or credits shall include a legal description of the dedicated land, a detailed description of improvements or construction provided, and a legal description or other adequate description of the development to which the credit will be applied. (4) For each request for a credit or credits,the director shall determine the value of the dedicated land, improvements, or construction on a case-by-case basis. In the event that the applicant disagrees with the director's valuation, the applicant may submit an appraisal for the director's consideration, prepared by a state certified MAI (Member of the American Institute of Appraisers)or licensed engineer and be licensed in good standing pursuant to Chapter 18.40 RCW et seq., in the category for the property to be appraised, and shall not have a fiduciary or personal interest in the property being appraised. (5)The appraiser and/or licensed engineer shall be directed to determine the fair market value of the total value of the dedicated land, improvements, and/or construction provided by the applicant. The applicant shall pay for the actual costs for the appraisal. (6)After receiving and reviewing the appraisal,the director will determine the dollar amount of any credit,the basis for the credit, the legal description of the real property dedicated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied with issuance of the building permit. If the total value of any such dedication, improvement or construction cost exceeds the amount of the impact fee obligation, the developer will not be entitled to reimbursement of the difference. (7) No credit shall be given for project improvements or right-of-way dedications for direct access improvements to and/or within the subject development above and beyond what is proposed in the capital facilities plan. (8)Any claim for credit must be made before payment of the impact fee and prior to the issuance of the building permit or a permit for a change in use. The failure to timely file such a claim shall constitute a final bar to later request any such credit. EX! IT PAGE 1, OE_ 3 (9) Determinations made by the director pursuant to this chapter shall be subject to the appeals procedures set • forth in FWRC 19.91.180. (10) No impact fee for a specific development shall be increased or decreased once said fee has been paid. (Ord. No. 09-627, §3, 10-20-09) 19.91.100 Adjustments. Pursuant to and consistent with the requirements of RCW 82.02.060, the rate study has provided adjustments for future taxes to be paid by the development activity which are earmarked or pro-ratable to the same new public facilities which will serve the new development. The traffic impact fee rates in the fee schedule have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. (Ord. No.09-627,§3, 10-20-09) 19.91.110 Establishment of impact fee account. (1) Impact fee receipts shall be earmarked specifically and deposited in a special interest-bearing account. (2)The city shall establish a separate impact fee account for the fees collected pursuant to this chapter: transportation impact fee account. Funds withdrawn from the account must be used in accordance with the provisions of this chapter and applicable state law. Interest earned on the fees shall be retained in the account and expended for the purposes for which the impact fees were collected. (3)On an annual basis, the finance director shall provide a report to the council on the transportation impact fee account showing the source and amount of all moneys collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. Impact fees shall be expended or encumbered within six years of receipt, unless the council identifies in written findings extraordinary and compelling reasons for the city to hold the fees beyond the six-year period. Under such circumstances,the council shall establish the period of time within which the impact fees shall be expended or encumbered. (Ord. No. 09-627,§3, 10-20-09) 19.91.120 Authorization for interlocal agreement. � ! 1� io PAGE L OF 33 The mayor is authorized to execute, on behalf of the city, an interlocal agreement with other agencies having authority over transportation facilities to identify impacts and provide mitigation for those impacts. In no case shall mitigation payments to the city be reduced to account for mitigation payments to other jurisdictions. (Ord. No. 11-684,§ 15, 1-18-11; Ord. No. 09-627, §3, 10-20-09) 19.91.130 Administrative guidelines. The public works director is hereby authorized to adopt internal guidelines for the administration of transportation impact fees,which may include the adoption of a procedures guide for transportation impact fees. (Ord. No.09-627, §3, 10-20-09) 19.91.140 Refunds. (1) If the city fails to expend or encumber the impact fees within six years of when the fees were paid, or where extraordinary or compelling reasons exist, such other time periods as established pursuant to FWRC 19.91.110,the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first in,first out basis. (2)The city shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of such claimants.A potential claimant or claimants must be the owner of record of the real property against which the impact fee was assessed. (3) Property owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later. (4)Any impact fees for which no application for a refund has been made within this one-year period shall be retained by the city and expended on the appropriate system improvements. (5) Refunds of impact fees or offsets against subsequent impact fees under this section shall include any interest earned on the impact fees by the city. (6)When the city seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated,the EAiPIPIT A. 11 PAGE. t i OF 33 city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail at the last known address of the claimants.All funds available for refund shall be retained for a period of one year after the second publication. At the end of one year, any remaining funds shall be retained by the city, but must be expended for the appropriate public facilities.This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. (7)The city shall also refund to the current owner of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees, if the development activity for which the impact fees were imposed did not occur; provided, however, that, if the city has expended or encumbered the impact fees in good faith prior to the application for a refund, the director can decline to provide the refund. If within a period of three years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity,the owner can petition the director for an offset in the amount of the fee originally paid and not refunded.The petitioner must provide receipts of impact fees previously paid for a development activity of the same or substantially similar nature on the same real property or some portion thereof. The director shall determine whether to grant an offset, and the determinations of the director may be appealed pursuant to the procedure in FWRC 19.91.180. (Ord. No. 09-627,§3, 10-20-09) 19.9t150 Use of funds. (1) Pursuant to this title, transportation impact fees: (a) Shall be used for system improvements that will reasonably benefit the new development activity; (b) Shall not be imposed to make up for deficiencies in public facilities; and (c) Shall not be used for maintenance or operation. (2)Transportation impact fees may be spent for public improvements to streets and roads as herein defined and including, but not limited to, transportation planning, engineering design studies, land survey, right-of-way acquisition, site improvements, necessary off-site improvements, engineering, architectural, permitting, financing, administrative expenses, construction of streets and roads and related facilities such as curbs, gutters, sidewalks, bike lanes, storm drainage and installation of traffic signals, signs and street lights, applicable impact fees or mitigation costs, and any other expenses which can be capitalized. EXP RIT 4 12 PAGE L? OF 3 ?) (3)Transportation impact fees may also be used to recoup system improvement costs previously incurred by the city to the extent that new growth and development will be served by the previously constructed improvements or incurred costs. (4) In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public improvements for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development. (Ord. No. 09-627,§3, 10-20-09) 19.91.160 Periodic adjustment of rates. (1)The traffic impact fee in the fee schedule will be amended to reflect changes to the 20-year transportation project list as part of adoption of amendments to the capital facilities element of the city's comprehensive plan. Amendment to the schedule for this purpose shall be adopted by the council. (2)The traffic impact fee in the fee schedule shall be indexed to provide for an automatic fee increase each January 1st beginning in the year 2011.A three-year moving average of the Washington State Department of Transportation Construction Cost Index will be used to determine the increase in fees for each year to reflect increased project costs. (3)A new rate study,which establishes the traffic impact fee in the fee schedule, shall be updated every three years, unless the city determines that circumstances have not changed to warrant an update. (Ord. No. 09-627,§3, 10-20-09) 19.91170 Administrative fees. (1)There shall be a fee for the administration of the transportation impact fee program in an amount equal to three percent of the amount of the total traffic impact fee determined from the fee schedules.The administrative fee shall be deposited into an administrative fee account within the transportation impact fee funds. Administrative fees shall be used to defray the cost incurred by the city in the administration and update of the transportation impact fee program. The administrative fee is not creditable or refundable. (2)The administrative fee, in addition to the impact fee, shall be paid by the applicant at the same time as the impact fee. (Ord. No. 09-627,§3, 10-20-09) EXPI IT ! 13 PAGE, 13 OF_ 3_ 19.91.180 Review by director and appeals. (1)The applicant may pay the impact fees imposed by this title under protest so that the building permit, or a change in use when no building permit is required. No appeal shall be permitted until the impact fees at issue have been paid. (2) Requests for review regarding the impact fees imposed on any development activity may be filed only by O q p P Y 9 9 the applicant for the development activity at issue. (3)The applicant must first file a request for review regarding impact fees with the director, as provided herein: (a)The request shall be in writing on the form provided by the city; (b)The request for review by the director shall be filed within 14 calendar days after the applicant's payment of the impact fee at issue. The failure to timely file such a request shall constitute a final bar to later seek such review; (c) No administrative fee will be imposed for the request for review by the director; and (d)The director shall issue his/her determination in writing. (4) Determinations of the director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, or the director's decision concerning the independent fee calculation which is authorized in FWRC 19.91.070, or any other determination which the director is authorized to make pursuant to this chapter, may be appealed by the applicant or owner using the same process as the underlying development permit application or process I of this title if there is no underlying development permit, substituting the director of public works for the director of community development. The appeal, in the form of a letter of appeal, must be delivered to the department of community development within 14 calendar days after issuance of the decision of the director. In those cases where the proposed development activity may require a public hearing under the authority of other chapters of this code,the hearings may be combined. For example, if the underlying development permit application is a preliminary plat, the appeal shall be heard at the preliminary plat public hearing. (Ord. No.09-627,§3, 10-20-09) 19.91.190 Existing authority unimpaired. Nothing in this title shall preclude the city from requiring the applicant or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State 14 EXPIT1IT Environmental Policy Act, Chapter 43.21 C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions, so long as the exercise of such authority is consistent with the provisions of Chapters 43.21C and 82.02 RCW. (Ord. No. 09-627, §3, 10-20-09) 19.91.200 Relationship to State Environmental Policy Act (SEPA). (1)All development shall be subject to the environmental review pursuant to SEPA and other applicable city ordinances and regulations. (2) Further mitigation in addition to the impact fee shall be required for identified adverse impacts appropriate for mitigation pursuant to SEPA that are not mitigated by an impact fee program. (Ord. No.09-627, §3, 10-20-09) 19.91.210 Relationship to concurrency management. Neither compliance with this chapter nor the payment of any fee hereunder shall constitute a determination of transportation concurrency under this chapter. (Ord. No. 09-627,§3, 10-20-09) Chapter 19.95 SCHOOL IMPACT FEES? Sections: 19.95.010 Findings and authority. 19.95.020 Definitions. 19.95.030 Impact fee program elements. 19.95.040 Fee calculations. 19.95.050 Assessment of impact fees. 19.95.055 Option for deferred payment of impact fees 19.95.060 Exemptions and credits. 19.95.065 Impact fee adjustment. 19.95.070 Appeals and independent calculations. 19.95.080 The impact fee account—Uses of impact fees and refunds. 19.95.090 Interlocal agreement. 19.95.100 Submission of district capital facilities plan and data. EXI IT. LI- ,15 PAGE I1-F 33 19.95.110 Review. 19.95.010 Findings and authority................................................................................................................................................................ ..... . The city council of the city of Federal Way(the"council") hereby finds and determines that continuing growth and development in the city of Federal Way will create additional demand and need for school facilities, and the council finds that the Washington State Growth Management Act requires that new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. Therefore, pursuant to Chapter 82.02 RCW, the council adopts this title to assess school impact fees.The provisions of this title shall be liberally construed in order to carry out the purposes of the council in establishing the school impact fee program. (Ord. No.95-249, § 1, 11-21-95. Code 2001 § 14-209.) 19.95.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.To the extent they do not conflict with this section, the definitions in RCW 82.02.090 are adopted and apply throughout this chapter unless the context clearly requires otherwise.Terms not defined here or in RCW 82.02.090 are defined according to FWRC 1.05.020. "Capital facilities plan"means the district's capital facilities plan adopted by the school board consisting of: (1)A forecast of future needs for school facilities based on the district's enrollment projections; (2)The long-range construction and capital improvements projects of the district; (3)The schools under construction or expansion; (4)The proposed locations and capacities of expanded or new school facilities; (5)At least a six-year financing plan component, updated as necessary to maintain at least a six-year forecast period, for financing needed school facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters and projected bond issues not yet authorized by the voters; (6)Any other long-range projects planned by the district; and (7)A fee schedule indicating the standard impact fee amount per dwelling unit type. EXP' T 16 PAGE 14 OF 33 "Classrooms"means educational facilities of the district required to house students for its basic educational program. Specialized facilities as identified by the district, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, are not classrooms. "Construction cost per student"means the estimated cost of construction of a permanent school facility in the district for the grade span of school to be provided, as a function of the district's design standard per grade span and taking into account the requirements of students with special needs. "Design standard"means the space required, by grade span and taking into account the requirements of students with special needs,which is needed in order to fulfill the educational goals of the district as identified in the district's capital facilities plan. "Developer"means the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed. "Development activity"means any residential construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land that creates additional demand for school facilities. "District"means the Federal Way School District No. 210, King County,Washington. "Elderly"means a person aged 62 or older. "Encumbered"means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities. "Fee schedule"means the schedule set forth in the district's capital facilities plan adopted by reference by the city indicating the standard fee amount per dwelling unit that shall be paid as a condition of residential development within the city. "Grade span"means the categories into which a district groups its grade of students, i.e., elementary school, middle or junior high school, and high school. "Interlocal agreement"means the interlocal agreement by and between the city and the district as authorized in FWRC 19.95.090. E P'R T PAGE /7 OF 17 "Permanent facilities"means the facilities of the district with a fixed foundation which are not relocatable facilities. "Relocatable facility"means any factory-built structure, transportable in one or more sections, that is designed to be used as an education space and is needed to prevent the overbuilding of school facilities,to meet the needs of service areas within the district, or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities. "Relocatable facilities cost per student"means the estimated cost of purchasing and siting a relocatable facility in the district for the grade span of school to be provided, as a function of the district's design standard per grade span and taking into account the requirements of students with special needs. "Site cost per student"means the estimated cost of a site in the district for the grade span of school to be provided, as a function of the district's design standard per grade span and taking into account the requirements of students with special needs. "Standard of service"means the standard adopted by the district which identifies the program year,the class size by grade span and taking into account the requirements of students with special needs, the number of classrooms, the types of facilities the district believes will best serve its student population, and other factors as identified by the district.The district's standard of service shall not be adjusted for any portion of the classrooms housed in relocatable facilities which are used as transitional facilities or for any specialized facilities housed in relocatable facilities. Except as otherwise defined by the school board pursuant to a board resolution, "transitional facilities"shall mean those facilities that are used to cover the time required for the construction of permanent facilities called for in the capital facilities plan,where the district has the necessary financial commitments in place to complete the permanent facilities. "Student factor"means the number derived by the district to describe how many students of each grade span are expected to be generated by a dwelling unit. Student factors shall be based on district records of average actual student generation rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation, unless such information is not available in the district, in which case data from adjacent districts, districts with similar demographics, or county-wide averages may be used. Student factors must be separately determined for single-family and multifamily dwelling units, and for grade spans. (Ord. No. 09-600, § 16, 1-6-09; Ord. No. 95-249, § 1, 11-21-95. Code 2001 § 14-210.) 19.95.030 Impact fee program elements. EV115111" 18 PAGE t OF ' ; (1) Impact fees will be assessed on all residential development activity in the city based on the provisions of FWRC 19.95.050. (2)The impact fee imposed shall be reasonably related to the impact caused by the development and shall not exceed a proportionate share of the cost of system improvements that are reasonably related to the development. (3)The impact fee shall be based on a capital facilities plan developed by the district and approved by the school board, and adopted by reference by the city as part of the capital facilities element of the city's comprehensive plan. (Ord. No. 95-249,§ 1, 11-21-95. Code 2001 § 14-211.) 19.95.040 Fee calculations. (1)The impact fees for the district shall be calculated based on the formula set forth in Exhibit A attached to the ordinance codified in this chapter.A copy of the fee calculation formula shall be kept on file with this ordinance in the office of the Federal Way city clerk. Such formula shall take into account the following: The capital facilities needs of the district as identified in the capital facilities plan, the district's student generation rates for single-family and multifamily dwelling units,the school site and school construction costs per student per grade level,the district's standard of service, and the relocatable facilities cost per student per grade level. (2) Separate fees shall be calculated for single-family and multifamily dwelling units, and separate student generation rates must be determined by the district for each type of dwelling unit. For purposes of this chapter, manufactured homes shall be treated as single-family dwelling units and duplexes shall be treated as multifamily dwelling units. (3)The fee calculations shall be made on a district-wide basis to assure maximum utilization of all school facilities in the district currently used for instructional purposes. Impact fees shall be calculated annually and set forth in a fee schedule adopted by city council pursuant to FWRC 19.95.100 and 19.95.110. (4)The formula in Exhibit A provides a credit for the anticipated tax contributions that would be made by the development based on historical levels of voter support for bond issue in the district,which historical levels shall be determined by the district. (5)The formula also provides for a credit for school sites or facilities actually provided by a developer which the district finds to be acceptable as provided for in FWRC 19.95.060. (Ord. No. 97-293,§ 1,4-15-97; Ord. No. 95-249, § 1, 11-21-95. Code 2001 § 14-212.) EX 1T__ /f _ 19 PAGE_.tOF 33 19.95.050 fees. Assessment of impact fees ...... .... .. .... .. .... .. ............ .. ...... ... .. .. .. ... .. ................................................................................................................................................................................................... (1)The city shall collect school impact fees, based on the fee schedule adopted by city council,from any applicant seeking development approval from the city where such development activity requires the issuance of a residential building permit or a manufactured home permit. developments proposed for short plats shall net be governed by this sub cction, but shall be governed by subsection (3) of this section. {3)(2) For existing lots or lots not covered by subsection (2)of this section, all applications for single-family, and multifamily residential building permits, and manufactured home permits,and site plan approval for •• -- -- - -- •-••- -- - ------, the total amount of the impact fees shall be assessed and collected from the applicant when the building permit is issued, using the fee schedule then in effect. Irrespective of the date that the application for a building permit or manufactured home permit was submitted, no permit shall be issued until the required school impact fees set forth in the fee schedule have been paid, except as authorized under FWRC 19.95.055. (Ord. No.97-293,§2,4-15-97; Ord. No. 95-249,§ 1, 11-21-95. Code 2001 § 14-213.) 19.95.055 Option for deferred payment of school impact fee. An applicant may request,at any time prior to building permit issuance, and consistent with the requirements of this section, to defer to final building inspection the payment of a school impact fee for a single-family residential dwelling unit pursuant to FWRC 19.100.075. 19.95.060 Exemptions and credits. (1)The following shall be exempt from the application of impact fees: (a)Any form of housing exclusively for the elderly, including nursing homes and retirement centers, so long as these uses are maintained in perpetuity and the necessary covenants or declarations of restrictions are recorded on the property to ensure that no children will reside in the development; or 20 PAGE OF 3 3 (b)The replacement of a structure with a new structure of substantially the same size and use at the same site or lot when such replacement occurs within 12 months of the demolition or destruction of the prior structure; or (c)Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional units are created and the use is not changed; (d)Accessory dwelling units("ADUs"),whether occupied as an ADU or not; provided,that as of December 21, 1995, such ADU satisfied the definition of an ADU set forth in FWRC 19.05.010; and provided further, that such ADU registered with the city during the one-year period commencing on December 21, 1995, and terminating on December 20, 1996. (2)Arrangement may be made for later payment with the approval of the district only if the district determines that it will be unable to use or will not need the payment until a later time; provided, that sufficient security, as defined by the district in its sole reasonable discretion, is provided to assure payment. Security shall be made to and held by the district,which will be responsible for tracking and documenting the security interest. (3)The developer shall receive a credit for any payment which has already been made for the lot or development activity in question, either as a condition of development approval or pursuant to the terms of a voluntary mitigation agreement. The fee amount due on the development activity shall be reduced by the amount of the credit. (4)The developer can request that a credit or credits be awarded for the value of dedicated land, improvements, or construction provided by the developer. The district shall first determine the general suitability of the land, improvements, and/or construction for district purposes. Second,the district shall determine whether the land, improvements, and/or the facility constructed are included within the district's adopted capital facilities plan or the board of directors for the district may make the finding that such land, improvements, and/or facilities would serve the goals and objectives of the capital facilities plan of the district. The district shall forward its determination to the city, including cases where the district determines that the dedicated land, improvements, and/or construction are not suitable for district purposes. (5) For each request for a credit or credits, if appropriate, the district shall select an appraiser from a list of independent appraisers. The appraiser shall be directed to determine ttte value of the dedicated land, improvements, or construction provided by the developer for the district.The developer shall pay for the cost of the appraisal. EXP1 1 9 __ _._ 4:_ 21 PAGE a _3 _ (6)After receiving the appraisal,the district shall provide the developer with a letter or certificate setting forth the dollar amount of the credit,the reason for the credit,where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the district before the city will award the impact fee credit. The failure of the applicant to sign, date, and return such document within 60 calendar days shall nullify the credit. (7)Any claim for credit must be made no later than 20 calendar days after the submission of an application for a building permit. (8) In no event shall the credit exceed the amount of the impact fees due. (Ord. No. 96-265, § 1,4-2-96;Ord. No.95-249, § 1, 11-21-95. Code 2001 § 14-214.) 19.95.065 Impact fee adjustment. (1) City center zone. (a)The boundary of the city center zone is described as: Bound on the South by S.324th St. and S.320th St.; Bound on the West by Pacific Highway S.; Bound on the North by S. 312th St.and S. 317th St;and Bound on the East by 23rd Ave. S. north of S. 317th St.; roughly in alignment with 25th Ave. S. between S. 320th St. and S.317th St.;and by 23rd Ave. S. south of S.320th St. (As shown in the Comprehensive Plan Map VII-2A) (b)The school impact fee assessed in the city center zone shall be reduced by 50 percent. (Ord. No. 14-757, § 1, 1-7-14.) 19.95,070 Appeals and independent calculations. (1)The city may adjust the amount of the school impact fee assessed if one of the following circumstances exist; provided, that the developer can demonstrate to the city's satisfaction that the discount included in the GXP 22 PAGE 22 OF. 93 fee formula set forth in the district's capital facilities plan fails to adjust for the error in the calculation or fails to ameliorate for the unfairness of the fee: (a)The developer demonstrates to the city's satisfaction that an impact fee assessment was incorrectly calculated; or (b) Unusual and unique circumstances identified by the developer demonstrate that if the standard impact fee amount were applied to the development, it would be unfair, unjust or unlawful. (2) Requests for fee adjustments, and the administrative appeals process for the appeal of an impact fee, shall follow the process for the appeal of the underlying development application. (3)A developer may provide studies and data to demonstrate that any particular factor used by the district may not be appropriately applied to the development proposal, but the district's data shall be presumed valid unless clearly demonstrated to be otherwise by the developer.The developer shall pay for the cost of the studies and data, and must demonstrate to the city's satisfaction that the discount included in the fee formula set forth in the district's capital facilities plan fails to adjust for the error in the factor or in the fee calculation. (4)Any appeal of the decision of the city's hearing examiner with regard to fee amounts shall follow the appeals process for the underlying development application and not be subject to a separate appeal process.Any errors in the fee formula identified as a result of an appeal should be referred to the council for possible modification. (5) Impact fees may be paid under protest in order to obtain a permit or other development approval. (Ord. No. 95-249, § 1, 11-21-95. Code 2001 § 14-215.) 19.95.080 The impact fee account- Uses of impact fees and refunds. (1) Impact fee receipts shall be earmarked specifically and retained in a special interest-bearing account established by the district solely for the district's school impact fees as provided for in FWRC 19.95.090.All interest shall be retained in the account and expended for the purpose or purposes identified in subsection (2) of this section.Annually, the city, based on the report submitted by the district pursuant to FWRC 19.95.100, will forward a copy of the district's report to the state of Washington, Growth Management Section, pursuant to RCW 82.02.070 which shows the source and amount of all monies collected, earned or received, and capital or system improvements that were financed in whole or in part by impact fees. PACE bF 1_ 23 (2) Impact fees for the district's system improvements shall be expended by the district for capital improvements including but not limited to school planning, land acquisition, site improvements, necessary off- site improvements, construction, engineering, architectural, permitting, financing, and administrative expenses, relocatable facilities, capital equipment pertaining to educational facilities, and any other expenses which could be capitalized, and which are consistent with the district's capital facilities plan. (3) In the event that bonds or similar debt instruments are issued for the advanced provision of capital facilities for which impact fees may be expended and where consistent with the provisions of the bond covenants, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section. (4)School impact fees shall be expended or encumbered within six years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the district to hold the fees beyond the six-year period. The district may petition the council for an extension of the six-year period and the district set forth any such extraordinary or compelling reason or reasons in its petition.Where the council identifies the reason or reasons in written findings, the council shall establish the period of time within which the impact fees shall be expended or encumbered, after consultation with the district. (5)The current owner of property on which an impact fee has been paid may receive a refund of such fees if the impact fees have not been expended or encumbered within six years of receipt of the funds by the city, except as provided for in subsection (4)of this section. In determining whether impact fees have been encumbered, impact fees shall be considered encumbered on a first in,first out basis. The city shall notify potential claimants by first-class mail deposited with the United States postal service addressed to the owner of the property as shown in the city's tax records. (6)An owner's request for a refund must be submitted to the council in writing within one year of the date the right to claim the refund arises or the date that notice is given, whichever date is later.Any impact fees that are not expended or encumbered within the limitations in subsection (4)of this section, and for which no application for a refund has been made within this one-year period, shall be retained and expended consistent with the provisions of this section. Refunds of impact fees shall include any interest earned on the impact fees. (7)Should the city seek to terminate any or all school impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded to the current owner of the property for which a school impact fee was paid. Upon the finding that any or all fee requirements are to be terminated,the city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at 24 E least two times and shall notify all potential claimants by first-class mail addressed to the owner of the property as shown in the city's tax records.All funds available for refund shall be retained for a period of one year.At the end of one year, any remaining funds shall be retained by the city, but must be expended for the district, consistent with the provisions of this section. The notice requirement set forth above shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. (8)A developer may request and shall receive a refund, including interest earned on the impact fees,when: (a)The developer does not proceed to finalize the development activity as required by statute or city code or the Uniform Building Code; and (b) No impact on the district has resulted. "Impact"shall be deemed to include cases where the district has expended or encumbered the impact fees in good faith prior to the application for a refund. In the event that the district has expended or encumbered the fees in good faith, no refund shall be forthcoming. However, if within a period of three years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner shall be eligible for a credit. The owner must petition the city and provide receipts of impact fees paid by the owner for a development of the same or substantially similar nature on the same property or some portion thereof. The city shall determine whether to grant a credit, and such determinations may be appealed by following the procedures set forth in FWRC 19.95.070. (9) Interest due upon the refund of impact fees required by this section shall be calculated according to the average rate received by the city or the district on invested funds throughout the period during which the fees were retained. (Ord. No. 95-249, § 1, 11-21-95. Code 2001 § 14-216.) 19.95.090 Interiocal agreement (1)The mayor is authorized to execute, on behalf of the city, an interlocal agreement for the collection, expenditure, and reporting of school impact fees; provided,that such interlocal agreement complies with the provisions of this section, be in form and content acceptable to the city attorney and be approved by the city council. (2)The district shall establish a school impact fee account with the office of the King County treasurer,who serves as the treasurer for the district. The account shall be an interest-bearing account, and the school impact fees received shall be prudently invested in a manner consistent with the investment policies of the district. EXP IT_. oen,M,•25 PAGE OF. :n (3) For administrative convenience while processing the fee payments, school impact fees may be temporarily deposited in a city account. On a monthly basis, the city shall deposit the school impact fees collected for the district in the district's school impact fee account. (4)The district shall agree to indemnify and hold the city, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities(including costs and all attorney fees)to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with the collection of impact fees or any other actions taken by the city pursuant to the terms of the ordinance codified in this chapter or pursuant to the terms of the interlocal agreement. (Ord. No. 10-669,§70,9-21-10; Ord. No.95-249, § 1, 11-21-95. Code 2001 § 14-217.) 19.95.100 Submission of district capital facilities plan and data. ... On an annual basis, no later than May 1st of each year, the district shall submit the following materials to the city: (1)The annual update of the district's capital facilities plan; ( ) p p p (2)An updated fee calculation, and a proposed revised fee schedule which reflect the update to the district's capital facilities plan; and (3)An annual report on the school impact fee account, showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. (Ord. No. 97-293,§3,4-15-97; Ord. No. 95-249, § 1, 11-21-95. Code 2001 § 14-218.) 19.95.110 Review. The city council shall review on an annual basis the materials received from the district and required under FWRC 19.95.100. The city council may make adjustments to the fee schedule as necessitated by its review, or applicable law and if the city council deems appropriate, shall adopt the fee schedule by resolution.The review and fee schedule adopted decision may occur in conjunction with the annual update of the capital facilities plan element of the city's comprehensive plan. (Ord. No. 97-293,§4,4-15-97; Ord. No. 95-249,§ 1, 11-21-95. Code 2001 § 14-219.) EXP'" 1T PAGE Z[, QF 33 26 Chapter 19.100 MITIGATION OF DEVELOPMENT IMPACTS1 Sections: 19.100.010 Purpose. 19.100.020 Definition. 19.100.030 Determination of direct impact. 19.100.040 9 00.040 Costs. 19.100.050 Mitigation of direct impacts. 19.100.060 Methods of mitigation. 19.100.070 Timing of fee payments. 19.100.075 Option for deferred payment of transportation impact fees 19.100.010 Purpose. It is the purpose of this chapter to provide alternatives for prospective developers of land within the city to mitigate the direct impacts that have been specifically identified by the city as a consequence of proposed development, and to make provisions for, including, but not limited to, the public health, safety and general welfare, for open spaces, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and school grounds. (Ord. No. 90-39,§ 1(22.10),2-27-90. Code 2001 § 19-41.) 19.100.020 Definition. For purposes of this chapter, the term "development"shall include, but not be limited to, subdivisions, short subdivisions, binding site plans and any other development activity defined by FWRC Title 19, Zoning and Development Code. (Ord. No. 90-39,§ 1(22.20),2-27-90. Code 2001 § 19-42.) 19.100.030 Determination of direct impact. Before any development is given the required approval or is permitted to proceed,the official or body charged with deciding whether such approval should be given shall determine direct impacts, if any, that are a EXP IT L) PAGE 21 0F33 consequence of the proposed development and which require mitigation, considering, but not limited to,the following factors: (1) Predevelopment versus postdevelopment need for services such as city streets, sewers,water supplies, drainage and stormwater detention facilities, parks, playgrounds, recreational facilities, schools, police services, fire services and other municipal facilities or services; (2)Likelihood that a direct impact of a proposed development would require mitigation due to the cumulative effect of such impact when aggregated with the similar impacts of future development in the immediate vicinity of the proposed development; (3)Size, number, condition and proximity of existing facilities to be affected by the proposed development; (4) Nature and quantity of capital improvements reasonably necessary to mitigate specific direct impacts identified as a consequence of the proposed development; (5) Likelihood that the users of the proposed development will benefit from any mitigating capital improvements or programs; (6)Any significant adverse environmental impacts of the proposed development identified in the process of complying with the environmental policy, FWRC Title 14, or the State Environmental Policy Act, RCW 43.21C.010 et seq.; (7)Consistency with the city's comprehensive plan and any of its subparts; (8) Likelihood of city growth by annexation into areas immediately adjacent to the proposed development; (9)Appropriateness of financing necessary capital improvements by means of local improvement districts; (10)Whether the designated capital improvement furthers the public health, safety or general welfare; and (11)Any other facts deemed by the city to be relevant. (Ord. No. 10-658,§4, 5-18-10;Ord. No. 90-39, § 1(22.30),2-27-90.Code 2001 § 19-43.) 19.100.040 Costs. The cost of any investigations, analysis or reports necessary for a determination of direct impact shall be borne by the applicant. (Ord. No. 90-39,§ 1(22.40),2-27-90. Code 2001 § 19-44.) EXPIP IT 28 PAGE 2S OF_13 19.100.050 Mitigation of direct impacts. ........................................................................................................... The official or body charged with granting the necessary approval for a proposed development shall review an applicant's proposal for mitigating any identified direct impacts and determine whether such proposal is an acceptable mitigation measure considering the cost and land requirements of the required improvement and the extent to which the necessity for the improvement is attributable to the direct impacts of the proposed development. No official or body shall approve a development unless provisions have been made to mitigate identified direct impacts that are consequences of such development. (Ord. No. 90-39,§ 1(22.50),2-27-90. Code 2001 § 19-45.) 19.100.060 Methods of mitigation......................._.................................__..........._.................................................................._....................._. ... (1)The methods of mitigating identified direct impacts required as a condition of any development approval may include, but are not limited to, dedication of land to any public body, off-site improvements, on-site improvements, and other capital or noncapital methods that may effectively reduce direct impacts. (2) In lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, the city may approve a voluntary payment agreement with the developer, provided no such agreement shall be required as a condition of approval, and shall be subject to the following provisions: (a)The official or body approving development must find that the money offered will mitigate or is a satisfactory alternative to mitigate the identified direct impact. (b)The payment shall be held in a reserve account and may only be expended to fund a capital improvement or program agreed upon by the parties to mitigate the identified direct impact. (c)The payment shall be expended in all cases within applicable time limitations of Chapter 82.02 RCW, unless otherwise agreed to by the developer. (d) Unless the property owner elects to defer payments authorized in FWRC 19.100.070(1)(b) or(3)(b) 19.100.075, any payment not expended within applicable time limitations shall be refunded to the property owners of record at the time of the refund with interest at the rate earned in the city's reserve account applicable at the time of refund. If the payment is not expended within the applicable time limitations due to delay attributable to the developer, the payment shall be refunded without interest. (e) Property owners entitled to a refund and/or interest under the provisions of this chapter may voluntarily and in writing waive their right to a refund for a specified period of time in the interest of PA E.. O R 3 3 providing the designated capital improvement or other capital improvement or program identified by the property owner and acceptable to the city. (f)The developer may voluntarily and in writing waive on behalf of the developer and subsequent purchasers the right to interest and/or a refund in order to facilitate completion of an improvement. Under no condition shall such a waiver be required as a condition of approval. Such waiver shall be recorded with the county where the property is situated and shall be binding on subsequent owners. (Ord. No. 10-658,§5,5-18-10; Ord. No. 90-39,§ 1(22.60.10—22.60.30),2-27-90. Code 2001 § 19-46.) 19.100.070 Timing of fee payments.........................._.............. .................................................................... Various sections of this Code require payment of fees to mitigate direct impacts of the development approval. Notwithstanding those fees eligible for deferment pursuant to subsections(1)(b), (1)(c), and(3)(b)of this section, the following describes when such fees shall be calculated and paid: (1) Open space fee-in-lieu. (a)As provided in FWRC 18.55.060 and 19.115.115, a fee in lieu of open space may be made to satisfy open space requirements at the discretion of the parks director and shall be calculated and paid at the time of plat recording for residential land divisions, or prior to building permit issuance for multifamily developments in the city center core and city center frame zoning districts, unless deferred as noted below. The fee shall be calculated based upon the square footage of open space which otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value. (b) For those residential land divisions vested prior to July 2, 2015, open space fees-in-lieu may be deferred, but shall be paid no later than the closing of sale of each individual house or five years from deferment of the fee,whichever is earlier. Covenants prepared by the city shall be recorded at the applicant's expense on each lot at the time of plat recording to enforce payment of deferred fees.The fee shall be calculated at the time of plat recording and divided equally among all newly created lots. The fee shall be calculated based upon the square footage of open space which otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value.As consideration for the ability to defer open space fee-in-lieu payments beyond plat recording,the applicant agrees to waive the right to interest and/or a refund if payment is not expended within five years of collection. EXI/R T / 30 PAGE 30 OF -4 (c) For multifamily developments in the city center core and city center frame, open space fees-in-lieu may be deferred, but shall be paid no later than the completion of construction and prior to receipt of certificate of occupancy/approval to occupy for each floor or each building if phased, or five years from the recording of the deferment covenants, whichever is earlier. Covenants prepared by the city shall be recorded at the applicant's expense, prior to building permit issuance, to enforce payment of deferred fees. The fee shall be calculated at the time of recording of the covenants and shall be divided equally among all residential units within the project. The fee shall be calculated based upon the square footage of open space that otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value.As consideration for the ability to defer open space fee-in-lieu payments beyond building permit issuance, the applicant agrees to waive the right to interest and/or a refund if payment is not expended within five years of collection. (2)Regional stormwater facility fee-in-lieu. Developments may be able to utilize stormwater detention in one of the city's regional stormwater facilities based on an area fee-in-lieu established by the city. Fees are used for construction cost recovery and shall be paid at the time of plat recording for residential land divisions and prior to building permit issuance for commercial and multifamily developments. (3) Transportation impact fee. Unless the use of an independent fee calculation has been approved, or unless a development agreement entered into pursuant to RCW 36.706.170 provided otherwise,the fee shall be calculated and paid per the following: (a) e - --- --- .. . ._- __ -- — -- -- - -- ---- --'- - -- ••-- - e _ --- -, For unplatted single family residential lots and commercial developments, fees shall be calculated based on the impact fee schedule in effect at the time a completed building permit application is filed and paid prior to permit issuance. For a change in use for which no building permit is required, the fee shall be calculated and paid based on the impact fee schedule in effect on the date of an approved change of use. may be deferred, but&hall be paid-rie later than the a eciag of sale of ech individual house. Covenants (Ord. No. 12-727,§6,9-18-12;Ord. No. 10-658, §6, 5-18-10.) PAGE ° 33 (b)The city shall collect transportation impact fees, based on the fee schedule adopted by city council, from any applicant seeking development approval from the city where such development activity requires the issuance of a residential building permit or a manufactured home permit. (c) For all applications for single-family, multifamily residential building permits, and manufactured home permits, the total amount of the impact fees shall be assessed and collected from the applicant when the building permit is issued, using the fee schedule then in effect. Irrespective of the date that the application for a building permit or manufactured home permit was submitted, no permit shall be issued until the required transportation impact fees set forth in the fee schedule have been paid, except as authorized under FWRC 19.95.055. (d)Where a building permit is not required for the development activity, the transportation impact fees shall be paid prior to issuance of the permit that authorizes the activity. 19.100.075 Option for deferred payment of transportation and school impact fee. An applicant may request, at any time prior to building permit issuance, and consistent with the requirements of this section, to defer to final building inspection the payment of a transportation impact fee and/or a school impact fee for a single-family residential dwelling unit. The following shall apply to any request to defer payment of an impact fee: (1)The applicant shall submit to the city a written request to defer the payment of an impact fee for a specifically identified building permit. The applicant's request shall identify, as applicable, the applicant's corporate identity and contractor registration number, the full names of all legal owners of the property upon which the development activity allowed by the building permit is to occur, the legal description of the property upon which the development activity allowed by the building permit is to occur,the tax parcel identification number of the property upon which the development activity allowed by the building permit is to occur, and the address of the property upon which the development activity allowed by the building permit is to occur.All applications shall be accompanied by an administrative fee as provided for in the city's adopted permit and impact fee schedule. (2)The impact fee amount due under any request to defer payment of impact fees shall be based on the schedule in effect at the time the applicant provides the city with the information required in subsection(1)of this section. E FIPIT 32 PAGE 3,2, CF_ .3 3 (3) Prior to the issuance of a building permit that is the subject of a request for a deferred payment of impact fee, all legal owners of the property upon which the development activity allowed by the building permit is to occur must sign a deferred impact fee payment lien in a form acceptable to the city attorney. The deferred impact fee payment lien shall be recorded against the property subject to the building permit and be granted in favor of the city in the amount of the deferred impact fee.Any such lien shall be junior and subordinate only to one mortgage for the purpose of construction upon the same real property subject to the building permit. In addition to the administrative fee required in subsection (1)of this section, the applicant shall pay to the city the fees necessary for recording the lien agreement with the King County recorder. (4)The city shall not approve a final inspection until the impact fees identified in the deferred impact fee payment lien and the administrative deferral fee are paid in full. (5) In no case shall payment of the impact fee be deferred for a period of more than 18 months from the date of building permit issuance. 18 months after building permit issuance the impact fee shall be paid regardless of status of building permit, unless the building permit has been canceled by the city. (6) Upon receipt of final payment of the deferred impact fee as identified in the deferred impact fee payment lien, the city shall execute a release of lien for the property. The property owner may, at his or her own expense, record the lien release. (7) In the event that the deferred impact fee is not paid within the time provided in this section,the city may institute foreclosure proceedings under the process set forth in Chapter 61.12 RCW. The District may also institute foreclosure proceedings as set forth in RCW 82.02.050(3). (8)An applicant is entitled to defer impact fees pursuant to this section for no more than 20 single-family dwelling unit building permits per year in the city. For purposes of this section, an"applicant"includes an entity that controls the applicant, is controlled by the applicant, or is under common control with the applicant. EX I R IT Rr 4. RAGE_ `3 OF 3 3 Exhibit B Jurisdictional Comparisons City School!Fee Transportation Fee Deferral Timing Deferral Timing Federal Way Final Inspection* Final Inspection* Proposed Proposed Auburn Closing of sale Closing of sale Des Moines na na Burien na na Kent Closing of sale Closing of sale Renton Closing of sale Closing of sale Sea-Tac na na EXHI IT. PAGE 1 OF.._._L, Planning Commission Staff Report June 8,2016 Deferral System for Collection of Impact Fees-Text Amendment/Exhibit B Page 1 RECEIVED BY VISO COMMUNITY &ECONOMIC Federal Way DEVELOPMENT DEPARTMENT Public Schools JUN 2 2016 Business Office May 27, 2016 Isaac Conlen, Planning Manager City of Federal Way 33325 8th Ave S Federal Way WA 98003 RE: School Impact Fee Deferral Dear Mr. Conlen, Washington State Legislature passed Engrossed Senate Bill 5923 during the 2015 Legislative Session. This legislation requires that cities and other jurisdictions adopt and maintain a system for the temporary deferral of all impact fees for single-family detached and attached residential construction by September 1, 2016. Given the deferral options offered by the statute, Federal Way Public Schools would be in support of deferral of school impact fees for the first 20 units per developer within the City of Federal Way jurisdiction until final inspection or certificate of occupancy. This support is based on the understanding that the deferred impact fees will be collected from the developer within 18 months from the issuance of the building permit. This-District appreciates the opportunity to comment on development of this program. S'ncerely, Sally D. McLean Assistant Superintendent of Finance and Operations cc: Dr.Tammy Campbell,Superintendent Cindy Wendland, Director of Support Services EXPIRIT, PACE Federal Way Public Schools — All Means All 33330 8`''Avenue South, Federal Way, WA 98003 I p.253.945.2043 I f.253.941.04421 www.fwps.org