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Council PKT 10-18-2016 RegularCITY OF t Federal Way CITY COUNCIL REGULAR MEETING AGENDA * *AMENDED ** Council Chambers - City Hall October 18, 2016 — 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Mayor's Emerging Issues and Report • Violence Prevention Coalition Steering Committee Update • Report on Town Hall Meeting Re: IRG Property (10/13) • Report on Community Events: Oktober Fest Event (10/7); Advancing Leadership "Evening with the Stars" (10/8); Federal Way Symphony (10/8) • Upcoming Community Events: FWCCN Souper Supper (10/28) 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: September 28, 2016 Special Meeting; September 29, Special Meeting; October 4, 2016 Special Meeting ... page 3 b. Interlocal Cooperative Agreement between the Cities of Auburn, Federal Way, Kent, Renton, Seattle, Tukwila, and the Port of Seattle for the Valley Narcotics Enforcement Team ... page 14 c. Purchase of Fireworks and Ammunition Disposal Trailer from Hurd's Custom Machinery, Inc. ... page 30 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. 6. PUBLIC HEARING a. 2017 -2018 Biennial Budget /Property Tax Levy as required by RCW 35A.34 ... page 36 • Staff Presentation • Council Discussion • Citizen Comment — 3 minutes 7. COUNCIL BUSINESS a. Multi- Family Housing Moratorium Update — Principal Planner Margaret Clark ... page 37 b. (ADDED ITEM) Council Deliberations on the 2017 -2018 Budget 8. COUNCIL REPORTS 9. EXECUTIVE SESSION • Property Acquisition Pursuant to RCW 42.30.110(1)(b) • Potential Litigation Pursuant to RCW 42.30.110(1)(i) 10. ADJOURNMENT 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. COUNCIL MEETING DATE: October 18, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5a SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes from September 28, 2016 Special Meeting; September 29, 2016 Special Meeting; and October 4, 2016 Special Meeting Minutes? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk Attachments: DEPT: Mayor's Office Draft minutes from the September 28, 2016; September 29, 2016; and October 4, 2016 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: CHIEF OF STAFF: N/A N/A CITY CLERK APPROVAL: Committee Council N/A N/A Committee Council COMMITTEE RECOMMENDATION: N/A N/A Committee Chair N/A N/A 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 # 1416, CITY OF . Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall September 28, 2016 — 5:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Special Meeting to order at 5:31 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson, Acting City Attorney Mark Orthmann, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. Mayor Ferrell noted Councilmember Koppang is excused tonight. He also noted Councilmember Maloney is in route to the meeting and currently has been delayed by traffic from Seattle. Councilmember Maloney arrived at 5:53 p.m. 3. 2017 -2018 BIENNIAL BUDGET a. General Overview — Finance Director Ade Ariwoola Finance Director Ade Ariwoola gave a brief presentation on the overall budget. He noted the proposed budget stays within the guidelines and maintain current levels. He noted this budget addressed the following: • 4.5% increase in health insurance cost; • Funds the Risk Management Fund at $500k; • Cost of living adjustments with the various labor contractual agreements; • SCORE and King County Jail Costs; • Valley Communications cost increases; • Increase in total Police Department Budget; • Increase in dues for Association of Washington Cities, Suburban Cities Association, and Puget Sound Regional Council; • Includes 131 Police Officers; • Police Overtime ($2.26m); • Historical Society funding at $10,000 per year; • Payment for the former Target property purchase ($8.33m); • Compliance with the Fund Balance Policy and RCW Requirements; Federal Way City Council Special Meeting Minutes Page 1 of 4 September 28, 2016 • Improvements to Dumas Bay Centre (Beach Trail, Roof Replacement, Kitchen Equipment); • Transportation Projects; • Street Overlays (2017 - $1.5m; 2018 - $1.5m); • Performing Arts & Event Center Start -Up (2017 - $0.94m; 2018 - $0.99m); add • Fund remaining priorities with available resources. Mr. Ariwoola also highlighted the challenges of this budget which include slow growing revenues (Property Tax, Sales Tax, and Utility Tax); market driven salaries (including wages and benefits); aging city properties and equipment; increasing cost of employee benefits; increase in service needs; and equipment replacement reserve ($1.8m). The city's share of the property tax distribution is $0.081 of every dollar collected. He further displayed a chart with neighboring cities including Kent, Auburn, Renton, Seattle, and SeaTac for property tax values and property assessed amount versus the levied amount. Mr. Ariwoola discussed sales tax break down and the percentage that returns to the city ($.0895 of each $1.00) He noted, potential revenue ideas include a deep review of the city's fee schedule and equalizing fees and rates. The budget documents, including the budget book, the Comprehensive Annual Financial Report, and the Popular Annual Financial Report are located at city hall and on the city's website under the Finance Department. b. Department Presentations: • Police Department Police Chief Andy Hwang introduced his Command Staff and reviewed the Police Departments organizational chart which includes Administration; Professional Standards; Administrative Support; Field Operations; Support Services and Civilian Operations. The Police Department has 160 FTE; including 131 sworn officers. Chief Hwang noted the many accomplishments in 2015 -2016, and reviewed the new program requests which include: the Nick & Derek DUI Distracted Driving Initiative; RSO Grant Sex Offender Verifications; Target Zero Grant; and Replacement Vehicles for four (4) Police Vehicles. Chief Hwang noted he also requested two (2) additional FTE's (which have not been recommended to be funded) to ensure a smooth transition when officers leave or retire. In conclusion he reviewed the department's agency goals for 2017 -18 which include a safer community, uniformed police presence, traffic safety, and enhance regional collaboration and partnerships. Councilmembers thanked Chief Hwang for his presentation and asked various clarifying questions including calls for service per day; ratio of officers to population; Proposition 1 funding; resource officers in the middle schools; and adequate staffing levels. Additional questions were asked regarding the availability of COPS grants; and the preference of hiring entry level or lateral officers to fill vacancies. • Economic Development Economic Development Director Tim Johnson gave a brief presentation to Council regarding his portion of the budget. He stated Economic Development's mission statement is to "Produce solutions to attract and retain businesses, jobs, investments along with improving the tax base and enhancing the quality of life in Federal Way." Federal Way City Council Special Meeting Minutes Page 2 of 4 September 28, 2016 Mr. Johnson reviewed his goals for the 2017 -2018 budget and the accomplishments of 2015 -2016. He stated the focus in 2017 and 2018 will be updating the work plan to include: • Town Center — Publish the RFP for Remaining Property • Branding: Support Mayor and Council Direction • University Initiative: Support Mayor and Council Direct • Reuse of Former Weyerhaeuser Property • Lodging Tax Advisory Committee • Recruitment and Retention of Business Councilmembers thanked Mr. Johnson for his presentation and asked various questions related to incoming businesses and outreach. • Human Resources Human Resources Manager Jean Stanley reviewed the organizational chart for the Human Resources Department which includes 3.5 FTE's. She reviewed the goals and objectives for the upcoming two years and highlighted the accomplishments of her division in the areas of Health and Wellness; Recruitment; and Labor Relations. Councilmembers thanked Ms. Stanley for her presentation and hard work. • City Clerk's Office City Clerk Stephanie Courtney reviewed the organizational chart for the City Clerk's Office which included 2.5 FTE's. She reviewed the division's highlights and accomplishments over the last two years including processing 638 requests for public records (to date, city hall records only). She highlighted the dramatic increase in Public Records Requests which show a 25% increase from 2015; 31.67% increase from 2014; and 45% increase from 2013. She further noted the City Clerk's Office goals and objectives for 2017 and 2018 which include running smooth and efficient meetings; providing staff support and training on the "Scan and Toss" program; continue to facilitate the disclosure of public records; and increasing training and networking opportunities Councilmembers thanked Ms. Courtney for her presentation and asked clarifying questions regarding public records requests and the "Scan and Toss" program. • Mayor's Office Chief of Staff Brian Wilson gave a brief presentation regarding the Mayor's Office budget. He reviewed the organizational chart which includes the divisions Economic Development; Emergency Management; Human Resources; City Clerk; and Information Technology. Mr. Wilson reviewed key highlights of 2015 -2016 including Downtown Development Initiatives; King County Public Health Clinic and Day Center efforts; and increased accessibility to city government and community outreach. He outlined the 2017 -2018 goals and objectives and the staff levels of the Department. A staffing increase will take place in 2016 and 2017 when staff come on line for the Performing Arts and Event Center. Chief of Staff Wilson reported on the changes that are reflected in this budget. Councilmembers thanked Mr. Wilson for his presentation. Federal Way City Council Special Meeting Minutes Page 3 of 4 September 28, 2016 4. CITIZEN COMMENT No citizen comments were received. 5. ADJOURNMENT There being nothing further to present; Mayor Ferrell adjourned the Special Meeting at 8:27 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Meeting Minutes Page 4 of 4 September 28, 2016 CITY OF Federal Way CITY COUNCIL SPECIAL MEETING MINTUES Council Chambers - City Hall September 29, 2016 — 5:30 p.m. www cityoffederalwa y. com 1. CALL MEETING TO ORDER Mayor Ferrell called the Special Meeting to order at 5:31 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Susan Honda, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson, Acting City Attorney Ryan Call, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. Mayor Ferrell excused the absences of Councilmember Assefa- Dawson, Councilmember Maloney, and Councilmember Koppang. He noted a quorum was present. 3. 2017 -2018 BIENNIAL BUDGET a. Department Presentations: • Public Works Department Public Works Director Marwan Salloum introduced his management staff and the Organizational Chart for the department which includes Administration; Street Division; Solid Waste and Recycling; Traffic Division; Surface Water Management; Fleet Maintenance; and Development Services. He further noted the divisions are broken into two funds which are: • Street Funds - Administration; Streets Division; Traffic Division; Fleet Management; and Development Services. • Special Revenue /Enterprise Funds - Solid Waste /Recycling and Surface Water Management Mr. Salloum reviewed key accomplishments, new program requests, unfunded requests, and anticipated key projects for 2017 -2018 for the Street Fund; Solid Waste and Recycling; and Surface Water Management. He also briefed the Council on grant funding the city has received and the upcoming Capital Projects for Transportation and Surface Water Management, including all funding sources and expenses. Councilmembers thanked Mr. Salloum for his thorough presentation and asked various questions regarding school routes, storming the sound project; homeless camp clean up; and implementing Federal Way City Council Special Meeting Minutes Page 1 of 3 September 29, 2016 an environmentally friendly design in the grand staircase near Town Center. • Municipal Court Judge Dave Larson and Judge Rebecca Robertson briefed the Council on current programs at the Municipal Court. The Court recently added in -house probation services and a alcohol drug information class which has been helpful and efficient. The Municipal Court has a total of 16 FTE's. Judge Robertson also spoke regarding the Court look at implementing a Community Court which many other communities have done successfully in efforts to help reoffenders access help within the system for mentally ill and addicted individuals. Councilmembers thanked the Judges for presenting tonight and asked various questions including the percentage of cases that might be helped with this idea; and specifics to services and how to access these services to better help homeless and mentally ill cases. • Community Development Department Interim Community Development Director Scott Sproul gave a brief presentation to Council regarding the proposed 2017 -2018 department budget. He reviewed the departments Organizational Chart which includes the Planning Division; Building Division and Community Services Division. He highlighted the department's mission statement and overall goals and objectives. Mr. Sproul outlined 2015 -2016 Accomplishments for Administration; Planning; Building and Community Services. Key projects in 2017 -2018 include supporting economic development in the city; code amendments; support redevelopment throughout the city; CDBG & Human Services programs; support local and regional efforts to address housing and human service needs; increased use on on- line modules for various processes; and manage incoming volume of code compliance issues, citizen action requests (CARS) and public records requests. He reviewed the overall proposed operating budget for the department which totals $4,459,276 in 2017 and $4,469,735 in 2018. Councilmembers thanked Mr. Sproul for his presentation this evening. Mr. Sproul was asked various questions regarding loss of staff, including planning interns; the online permitting process; and various other special zoning agreements within the city. • Parks Department Parks Director John Hutton introduced his Management Staff and reviewed the department's organization chart which includes Administration; Dumas Bay Centre; Community Center and Recreation; and Parks Maintenance & Facilities. Mr. Hutton reviewed the Parks Department accomplishments in 2015 -2016 including the successfully designed built and opened Federal Way's first Downtown Park on time and on budget. The Department has also made significant improvements to trails and paths including maintaining over 1,128 acres of parks and greenbelts; installation of new play structures; special events and programs for all ages throughout the year. He also noted the Community Center currently has a cost recovery of nearly 90 %; and Dumas Bay Center has had increased revenue generation with improved food service and operations. He reviewed the anticipated key projects for 2017 -2018 for each division; and briefly referenced unfunded budget requests. Federal Way City Council Special Meeting Minutes Page 2 of 3 September 29, 2016 Councilmembers thanked Mr. Hutton for his presentation and asked various questions regarding staffing requests for the parks; utility box artwork; grant opportunities; needs at Dumas Bay Centre, and if there were any further discussions with the school district regarding Lakota Park partnership. Also addressed was the idea of adding small fees to each service or rental to cover upgrades or replacement costs. • City Attorney's Office Acting City Attorney Ryan Call noted in the absence of the City Attorney position, he will be presenting the budget this evening for the Law Department. He highlighted the department's organizational structure which includes Administration; Civil Legal Services; Criminal Prosecution; and Risk Management. The department currently has 12.5 FTE's. Mr. Call reviewed 2015 -2016 accomplishments which includes legal advice on various large city projects; franchise agreements; wireless site leases; contract and ordinance review for all city departments; labor negotiations and agreements; civil defense case; and prosecuted approximately 4,000 criminal cases. He noted anticipated key projects will be to continue with redevelopment efforts and negotiation of labor contracts. Recommended changes in this budget include increased insurance for city owned property and a self - insurance fund. Councilmembers thanked Mr. Call for his presentation and asked clarifying questions regarding insurance for the parks; and recreational immunity. 4. CITIZEN COMMENT Margaret Nelson asked for clarification regarding hiring code compliance officers and budgeting for parks maintenance workers. Letter read into the record by the City Clerk from Dave Berger regarding cuts in the Parks Maintenance staffing and the decrease in the services available. 5. ADJOURNMENT There being nothing further to present; Mayor Ferrell adjourned the Special Meeting at 7:52 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Meeting Minutes Page 3 of 3 September 29, 2016 CITY OF ,��... Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall October 4, 2016 — 5:30 p.m. www cityoffederalwa y. com 1. CALL MEETING TO ORDER Mayor Ferrell called the Special Meeting to order at 5:35 p.m. pit PFj 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, Acting City Attorney Ryan Call, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. 2017 -2018 BIENNIAL BUDGET a. Budget Amendment Mayor Ferrell spoke regarding his forthcoming amendment to the budget due to recent Public Safety events. His request is to add nine officers to the Police Department through new revenue sources which staff is currently researching. b. Department Presentations • Community Program Requests: Federal Way Historical Society: Jerry Knutsen, Vice President of the FWHS and Diana Noble - Gulliford, President of FWHS provided a brief presentation regarding their program and also funding received from the city. It was highlighted that the funding from the city is a critical and essential part for their services. They are requesting $20,000 per year through Lodging Tax Funds and provided information backing that as an acceptable fund. Council asked questions in regards to percentage of lodging tax funds provided by other cities, what funds are used for in other cities, and about past fundraising efforts. Councilmembers also asked about the practical application of the additional $10,000 per year. Federal Way City Council Special Meeting Minutes Page 1 of 3 October 4, 2016 Catholic Community Center — Day Center: Danielle (Dan) Wise, Director of Homeless services with the Catholic Community Center, shared a brief presentation regarding the Day Center. She shared that many organizations are working together hard to achieve their vision of providing a space where people in poverty can connect as a community and meet their basic needs at a place where they are welcomed and engaged in positive ways to help them get off the streets. They appreciate the city's support both financially and in a shared vision as they have worked towards the soon to be opened Day Center. They are coming before the City to ask for $75,000. Funds would be used for expense, staffing, rent, program assistance and data collecting. Catholic Community Services runs many programs in the region and is grateful for the startup funding already received. Councilmembers asked for specifics in regards to services being provided especially regarding housing assistance, training for individuals to assist in finding employment, meeting behavioral health needs, caring for pets, interactions with the business neighbors, and the ability to expand services as funding /need requires. Lodging Tax Advisory Committee: Economic Development Director Tim Johnson briefly reviewed history and mission of Lodging Tax Advisory Committee. He overviewed the constraints that have been placed on the funds by the State Legislature which has drastically limited who and what these funds can be awarded to. He proposed a separate fund be started by the City Council, a Cultural Heritage Arts Trust (CHART), separate from the Lodging Tax fund and limited only by policies from the council. He indicated funds for this could be received from impact fees on permits as well as other through other revenue sources. Councilmembers asked questions regarding receiving taxes from AirBNBs, the additional of a new hotel, and the requirements placed by the state. Discussion also ensued regarding the timing of beginning a process such as the proposed. DEPUTY MAYOR BURBIDGE MOVED TO POSTPONE THE DISCUSSION FOR ITEM 3B TO COUNCIL BUSINESS AT THE REGULAR COUNCIL MEETING TO BE HELD TODAY; SECOND BY KOPPANG COUNCILMEMBER. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes • Performing Arts and Event Center postponed to Regular Meeting • City Council postponed to Regular Meeting • Finance Department postponed to Regular Meeting • Information Technology postponed to Regular Meeting 4. COUNCIL DELIBERATIONS /QUESTIONS Due to time restraints, Council Deliberations on the budget document will take place after all department presentations are made. 5. CITIZEN COMMENT No citizen comments were received. Federal Way City Council Special Meeting Minutes Page 2 of 3 October 4, 2016 6. ADJOURNMENT There being nothing further on the agenda, Mayor Ferrell adjourned the Special Meeting at 6:41 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Meeting Minutes Page 3 of 3 October 4, 2016 COUNCIL MEETING DATE: October 18, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5b SUBJECT: INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON, SEATTLE, TUKWILA, AND THE PORT OF SEATTLE FOR THE VALLEY NARCOTICS ENFORCEMENT TEAM POLICY QUESTION: Should the City Of Federal Way / Federal Way Police Department enter into an Interlocal Cooperative Agreement between the cities of Auburn, Federal Way, Kent, Renton, Seattle, Tukwila, and the Port of Seattle for the Valley Narcotics Enforcement Team? COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee (PRHS &PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other MEETING DATE: Oct. 11, 2016 STAFF REPORT BY: Andy J. Hwang, Chief of Police Attachments: 1. PRHS &PS Staff Memo 2. Interlocal Agreement Options Considered: 1. Accept the VNET Interlocal Agreement 2. Reject the VNET Interlocal Agreement DEPT: Police MAYOR'S RECOMMENDATIO • Accept the VNET Narcotics Enforcement Team Interlocal Agreement MAYOR APPROVAL: CHIEF OF STAFF: DIRECTOR APPROVAL: Initial COMMITTEE RECOMMENDA 'ON: "I move to forward the Interlocal Cooperative Agreement between the Cities of Auburn, Federal Way, Kent, Renton, Seattle, Tukwila, and the Port of Seattle for the Valley Narcotics Enforcement Team to the October 18, 2016 Council consent agenda for approval." Com 1 ee Chair Committee a - (/1. 4ember ommittee mb r PROPOSED COUNCIL MOTION: "I move to accept the Interlocal Cooperative Agreement between the Cities of Auburn, Federal Way, Kent, Renton, Seattle, Tukwila, and the Port of Seattle for the Valley Narcotics Enforcement Team and authorize the Mayor to execute said Agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: October 11, 2016 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Seattle, Tukwila and The Port of Seattle, for the Valley Narcotics Enforcement Team The Valley Narcotics Enforcement Team (VNET) has been in operation for many years. It was established to create and maintain a multi jurisdictional team to effectively investigate and enforce the laws relating to controlled substances. A VNET Interlocal was signed back in June of 2009. The US Department of Justice (DOJ) is requiring the participating VNET agencies to sign a new Interlocal Agreement, and Seattle has now joined the VNET Team. Assigned personnel from each jurisdiction listed form an investigative team through VNET. The Police Officer may also be assigned to DEA through a separate Agreement, which the City of Federal Way, Federal Way Police Department as already approved and signed. The Federal Way Police Department establishes and maintains the Officers salary, benefits, and standard Department equipment. 1 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON, SEATTLE, TUKWILA, AND THE PORT OF SEATTLE FOR THE VALLEY NARCOTICS ENFORCEMENT TEAM I. PARTIES The parties to this Agreement are the cities of Auburn, Federal Way, Kent, Renton, Seattle, and Tukwila, and the Port of Seattle. The Valley Narcotics Enforcement Team is assigned to the Drug Enforcement Administration ( "DEA ") Task Force. II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington. III. PURPOSE The parties desire to establish and maintain a multi - jurisdictional team to effectively investigate and enforce the criminal laws relating to controlled substances. IV. FORMATION There is hereby established a multi - jurisdictional team to be hereafter known as the Valley Narcotics Enforcement Team ( "VNET "), the members of which shall be the cities of Auburn, Federal Way, Kent, Renton, Seattle, and Tukwila, and the Port of Seattle. The future admission or elimination of a jurisdiction as a member of VNET may be accomplished by an addendum to this Agreement. V. STATEMENT OF PURPOSE Municipalities within the Puget Sound region have experienced an increase in urbanization and population densities. The ability to address crimes associated with controlled substances may stretch the resources of individual police department specialty units. Prior to the formation of VNET, law enforcement efforts directed at dealing with controlled substances crimes were, for the most part, conducted by law enforcement agencies working independently. A multi - jurisdictional effort to handle specific and complicated narcotic investigations has resulted in more effective pooling of personnel, the improved utilization of scarce funds, a reduction in the duplication of equipment, improved training, and a development of specialized expertise. The formation of VNET has resulted in improved services for all of the participating entities, increased safety for officers and the community, and improved cost effectiveness. VI. TEAM OBJECTIVES Personnel from each participating jurisdiction who are assigned to VNET will form a combined investigation team ( "Team "). Each police officer is assigned Valley Narcotics Enforcement Team Interlocal Agreement - 1 to the Team via this Agreement, and to the DEA through individual jurisdiction agreements with DEA. The objective of the VNET shall be to provide enhanced and more efficient use of personnel, equipment, budgeted funds, and training. The combined Team or individual detectives shall respond as able and as approved by the DEA Supervisor when requested by any of the participating agencies. VNET may be available to outside law enforcement agencies as permitted by laws relating to mutual aid and as approved by the DEA. VII. DURATION /TERMINATION The minimum term of this Agreement shall be one year, effective upon its adoption. This Agreement shall automatically renew, and VNET shall automatically continue in existence, for consecutive one year terms without action of the legislative bodies of the participating jurisdictions, and unless and until terminated pursuant to the terms of this Agreement. A jurisdiction may withdraw its participation in VNET by providing written notice of its withdrawal, and serving such notice upon each Executive Board member of the remaining jurisdictions. A notice of withdrawal shall become effective 90 days after service of the notice on all participating members. The withdrawal of an individual jurisdiction from VNET shall not result in the termination of VNET. In the event that VNET withdraws its participation in the DEA Task Force, this Agreement, and thus VNET, shall remain in effect unless terminated as provided herein. VNET may be terminated by a majority vote of the Executive Board or by action of the legislative bodies of the participating jurisdictions. Any vote for termination by the Executive Board shall occur only when the police chief of each participating jurisdiction is present at the meeting in which such vote is taken. VIII. TASK FORCE AGREEMENT Unless VNET is terminated, on an annual basis, each Board member shall affirm its jurisdiction's continued participation in VNET for the following year. Upon affirmation of the participation of each jurisdiction, VNET shall execute a task force agreement affirming the continuation of agency participation in VNET, and such task force agreement shall, on an annual basis, be forwarded to the US Department of Justice, Asset Forfeiture Money Laundering Section. IX. GOVERNANCE The affairs of the VNET shall be governed by an Executive Board ( "Board, ") whose members are composed of the police chief, or his /her designee, from each participating jurisdiction. One member of the Board shall be elected by the Board to serve as Chair. Each member of the Board shall have an equal vote on all Board decisions. All Board decisions shall be made by a majority vote of the Board members, or their designees, appearing at the meeting in Valley Narcotics Enforcement Team Interlocal Agreement - 2 which the decision is made. A majority of Board members, or their designees, must be present at each meeting for any action taken to be valid. The Board shall meet monthly, unless otherwise determined by the Board. The Chair, or any Board member, may call extra meetings as deemed appropriate. The Chair shall provide no less than 48 hours' notice of all meetings to all members of the Board; PROVIDED, that in emergency situations, the Chair may conduct a telephonic meeting or a poll of individual Board members to resolve any issues related to such emergency. X. PERSONNEL The following personnel shall serve at the pleasure of the Board. Personnel may be removed for any reason by majority vote of the Board. Team Supervisor: A Team Supervisor with the rank of sergeant or equivalent from his /her respective jurisdiction shall be appointed by the Board. The Team Supervisor shall act as the first level supervisor for the team and shall report directly to the VNET Chair. Office Manager: The VNET Office Manager shall be provided by the City of Kent on a reimbursable basis and shall work under the direction of the Board. The Office Manager reports directly to the Team Supervisor and is responsible for unit accounting, reports, office support, and other duties as appropriate. VNET Detectives: Each jurisdiction shall contribute one full -time commissioned officer to perform investigation work for the Team. Attorney: While King County is not a participating jurisdiction, King County will provide an attorney who shall be a de -facto member of the Team. The King County Prosecutor's Office shall select and interview candidates and make a recommendation to the Executive Board. The Executive Board will make the selection after considering the recommendation. The attorney will be responsible for reviewing and filing cases, wire orders, search warrants, the prosecution of forfeiture cases, and other prosecutorial services as needed. Employees of Contributing Jurisdictions: The personnel assigned to the Team shall be considered an employee of the contributing jurisdiction. That jurisdiction shall be solely and exclusively responsible for the compensation and benefits for that employee. All rights, duties, and obligations of the employer and the employee shall remain with that individual jurisdiction and none of the rights, duties, and obligation of the employing jurisdiction shall shift to VNET or any other participating jurisdiction. Each jurisdiction shall be responsible for ensuring compliance with all applicable laws with regard to employees, and with provisions of any applicable collective bargaining agreements and civil service rules and regulations of the employing jurisdiction. Valley Narcotics Enforcement Team Interlocal Agreement - 3 XI. EQUIPMENT, TRAINING, AND BUDGET Each participating jurisdiction shall provide the equipment of its participating VNET personnel. Each jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating VNET personnel. Each jurisdiction shall provide sufficient funds to provide for the training of its participating VNET personnel. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in VNET shall be equal to those provided by the other participating jurisdictions. The Board shall be responsible for purchasing VNET -owned equipment. Equipment purchased using VNET funds or forfeited property deemed owned by VNET shall remain the property of VNET unless the Board transfers it to a participating jurisdiction. The Board will ensure a record of the transaction is maintained. The Board must approve any joint capital expenditure for VNET equipment of $1,500.00 or more. Approval for capital expenditures of Tess than $1,500.00 may be authorized by the VNET Chair. XII. FINANCIAL REQUIREMENTS VNET utilizes a Fiscal Agent for all account transactions and accounting. One of the participating jurisdictions will provide the services of the Fiscal Agent as approved by the Board. The VNET operating budget relies primarily on three funding sources: State and Federal Grants, VNET assets forfeited at the state and federal levels, and funds provided by the participating jurisdictions. Federal Grant funds are administered by the state and follow the state budget cycle of July 1 through June 30 of the following year. VNET shall request monthly reimbursements of expenses until the awarded amount is exhausted. Once the Federal Grant has been exhausted, forfeited assets will be used to pay expenses for the remainder of the budget cycle. VNET shall prepare a budget each year that estimates the grant funds available, and each participating jurisdiction shall provide VNET with the annual cost to assign an officer and other approved personnel to the unit. A jurisdiction's annual contribution is then divided by 12 and credited towards the monthly salary and benefits of the jurisdiction's participating personnel. All other expenses are paid for by VNET utilizing either Grant funds or forfeited assets. The Board shall agree upon a date each year by which time it will notify the participating jurisdictions of each jurisdictions' expected contribution. The DEA contribution to VNET includes providing office space, storage space, parking, and phone service at no cost to VNET jurisdictions. XIII. DISTRIBUTION OF SEIZURE FUNDS The VNET Board provides oversight of seized and forfeited assets via the Fiscal Agent. Forfeited assets may be distributed to participating agencies Valley Narcotics Enforcement Team Interlocal Agreement - 4 when deemed appropriate by the Board. The Board will endeavor to maintain adequate financial resources to fund ongoing operations of the VNET. XIV. DISTRIBUTION OF ASSETS UPON TERMINATION Upon termination of VNET, each participating jurisdiction shall retain sole ownership of the equipment purchased and provided for its participating VNET personnel. Any VNET assets shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of VNET shall be determined by using commonly accepted methods of valuation. If two or more participating jurisdictions desire an asset, the final decision shall be made by arbitration (described below). Any property not claimed shall be declared surplus by the Board and disposed of pursuant to state law for the disposition of surplus property. Proceeds from the sale or disposition of any VNET property, shall, after payment of any and all costs of sale or debts of the jurisdiction, be equally distributed to those jurisdictions participating in VNET at the time of termination. In the event that one or more jurisdictions terminate their participation in VNET, but VNET continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by VNET or to share in the proceeds at the time of termination. Arbitration pursuant to this section shall occur as follows: a. The jurisdictions interested in an asset shall select an Arbitrator to determine which jurisdiction will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in VNET upon termination shall meet to determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. b. During a meeting with the Arbitrator, each jurisdiction interested in the property shall be permitted to make an oral and /or written presentation to the Arbitrator in support of its position. c. At the conclusion of the presentation, the Arbitrator shall determine which jurisdiction is to receive the property. The decision of the Arbitrator shall be final and shall not be the subject of appeal or review. XV. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION It is the intent of the participating jurisdictions to provide services of VNET without the threat of being subject to liability to one another, and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with VNET actions that are brought against the jurisdictions. To this end, the participating jurisdictions agree to equally share responsibility and liability for the acts omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or Valley Narcotics Enforcement Team Interlocal Agreement - 5 costs, regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through G below. A. Jurisdiction Not Involved in VNET Response. In the event a jurisdiction or its personnel were not involved in VNET response to the incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of a particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. B. Intentionally Wrongful Conduct Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any VNET personnel for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or jurisdiction. Payment of any award for punitive damages shall be the sole responsibility of the jurisdiction that employs the person against whom such award is rendered. C. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. Those jurisdictions retaining joint counsel shall share equally the costs of such representation or defense. In the event a jurisdiction does not agree to joint representation, the jurisdiction shall be solely responsible for all attorney fees accrued by its individual representation or defense. Each jurisdiction and its respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making VNET members available for depositions, discovery, settlement conferences, strategy meetings, and trial. D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the jurisdiction shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit; PROVIDED, however, that in the event a jurisdiction or employee is removed from the lawsuit and Subsection A of this section is satisfied, the jurisdiction shall not be required to pay any share of the award or settlement. E. Settlement Process. It is the intent of this Agreement that the jurisdictions act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, Valley Narcotics Enforcement Team Interlocal Agreement - 6 whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an individual jurisdiction without the agreement of the remaining jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. F. No Waiver of Title 51 RCW . This section shall not be interpreted to waive any defense arising out of Title 51 RCW. G. Insurance. The failure of any insurance carrier or self- insured pooling organization to agree to or follow the terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement. XVI. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support of VNET operations, the jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been initiated. Any documentation, including the claim or legal complaints, shall promptly be provided to each participating jurisdiction. Any jurisdiction or member who believes or knows that another jurisdiction would be liable for a claim, settlement, or judgment that arises from a VNET action or operation, shall have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a participating jurisdiction has a right, pursuant to Section XV of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hold the other harmless. XVII. PROCESSING OF CLAIMS A. Designation of Lead Jurisdiction There shall be a lead jurisdiction for processing a claim that is filed with and against cities for alleged damages and injuries that occur as a result of VNET activities. The lead jurisdiction shall be the jurisdiction within which the action subject to the claim occurred; PROVIDED, that in the event the jurisdiction within which the action subject to the claim occurred did not participate in the action subject to the claim, the lead jurisdiction shall be the jurisdiction within which the VNET investigation or response originated. In the event that a jurisdiction that was not involved in the action subject to the claim receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XVI of this Agreement, and shall use its best efforts to determine who the appropriate lead jurisdiction is. Valley Narcotics Enforcement Team Interlocal Agreement - 7 B. Assistance of VNET Supervisor The Team Supervisor shall assist the lead jurisdiction in responding to a claim. The Team Supervisor shall be responsible for gathering all records relating to claim. These records shall include, but are not limited to, incident reports, notes, transcripts, photos, evidence logs, recorded statements, documents from emergency dispatch centers, and warrants from all jurisdictions that participated in the action subject to the claim. The Team Supervisor shall also provide a list of personnel who participated in the action subject to the claim and their contact information. The Team Supervisor shall deliver all copies of the records to the lead jurisdiction promptly upon request. C. Claims of $5,000 or Less i. Lead Jurisdiction Responsibilities The lead jurisdiction shall be responsible for working with the Team Supervisor to gather records relating to the action subject to the claim. The lead jurisdiction shall provide records to its insurance provider and shall assist its insurance provider in assessing liability for acts associated with the claim. The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability. In determining whether a claim should be paid, the lead jurisdiction and its insurance provider shall, at a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. ii. Liability Determination — Apportionment of Damages The lead jurisdiction, with the assistance of its insurance provider, shall determine whether VNET is liable for damages set forth in a claim, and whether the payment of the claim would be in the best interest of the jurisdictions and /or VNET. In the event the lead jurisdiction determines that payment of a claim of $5,000 or less is appropriate, such determination shall be final and binding upon other jurisdictions and payment shall be apportioned equally among all jurisdictions that participated in the action subject to the claim. The insurance provider for the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction that participated in the VNET action that is the subject of the claim shall reimburse the insurance provider for its equal share of such payment. Prior to the payment of any claim, and as a condition of such payment, the insurance provider providing payment shall obtain from the claimant a complete and total release of liability on behalf of all jurisdictions participating in VNET and each and every officer, agent, or volunteer of those participating jurisdictions. In the event the lead jurisdiction determines that VNET is not liable for damages set forth in a claim or that the payment of the claim would not be in the best interest of the jurisdictions and /or the VNET, the lead jurisdiction shall notify the other jurisdictions of the determination, and such determination shall be binding on the other Valley Narcotics Enforcement Team Interlocal Agreement - 8 jurisdictions; PROVIDED, another jurisdiction that determines that payment is appropriate may pay such claim in full, and shall not seek reimbursement from the other participating jurisdictions. iii. Letter From Insurance Adjusters In the event the lead jurisdiction, in conjunction with its insurance provider, determines that payment of a claim of $5,000 or less is appropriate, the insurance provider shall provide each of the participating jurisdictions with a letter stating the determination and the bases for such determination. D. Claims over $5,000 i. Lead Jurisdiction Responsibilities The lead jurisdiction shall schedule a meeting with all jurisdictions participating in VNET to discuss a claim over $5,000 and to determine the appropriate manner in which to respond and /or defend the claim. The Board and persons listed in Section XIX of this Agreement shall be notified of the meeting. XVIII. PROCESSING OF LAWSUITS A. Notification to Other Jurisdictions In the event a jurisdiction is served with a lawsuit, that jurisdiction shall provide notice and documentation of the lawsuit to each of the other jurisdictions listed in Section XIX of this Agreement. B. Coordination of Initial Meeting The jurisdiction that initially receives a lawsuit shall schedule a meeting or otherwise communicate with all of the jurisdictions participating in VNET to discuss the lawsuit and to determine the appropriate manner in which to respond to and /or defend the lawsuit. The Board and persons listed in Section XX of this Agreement shall be notified of the meeting or other communication. XIX. NOTIFICATION OF CLAIMS AND LAWSUITS Section XVI of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating jurisdictions of the requirements set forth in Chapter 4.96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not constitute a waiver of the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit. For the purposes of implementing Section XVI of this Agreement, the following persons from each jurisdiction shall receive any required notification or documentation: Valley Narcotics Enforcement Team Interlocal Agreement - 9 City of Auburn City of Kent Auburn City Attorney Kent City Attorney 25 West Main Street 220 Fourth Avenue South Auburn, WA 98001 Kent, WA 98032 253 - 931 -3030 253 - 856 -5770 Auburn Police Chief Kent Police Chief 101 N. Division 220 Fourth Avenue South Auburn, WA 98001 Kent, WA 98032 253 - 931 -3080 253 - 856 -5888 Auburn Human Resources Kent Risk Manager Director /Risk Manager 220 Fourth Avenue South 25 West Main Street Kent, WA 98032 Auburn, WA 98001 253 - 856 -5285 253 - 931 -3040 Auburn City Clerk Kent City Clerk 25 West Main Street 220 Fourth Avenue South Auburn, WA 98001 Kent, WA 98032 253 - 931 -3039 253 - 856 -5728 City of Federal Way City of Renton Federal Way City Clerk Renton Risk Manager P.O. Box 9718 1055 S. Grady Way Federal Way, WA 98063 Renton, WA 98057 Federal Way City Attorney P.O. Box 9718 Federal Way, WA 98063 Port of Seattle CIAW Port of Seattle Claims Manager Director of Claims P.O. Box 1209 Canfield & Associates, Inc. Seattle, WA 98111 451 Diamond Drive Ephrata, WA 98823 Valley Narcotics Enforcement Team Interlocal Agreement - 10 City of Tukwila City Clerk City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98043 WCIA Claims Manager WCIA P.O. Box 1165 Renton, WA 98057 City of Seattle City Clerk Seattle City Council 600 4th Avenue #3 Seattle, WA 98104 City of Seattle Seattle Police Chief 610 5th Avenue Seattle, WA 98124 -4986 City of Seattle XX. COMPLIANCE WITH THE LAW VNET and all its members shall comply with all federal, state, and local laws that apply to VNET. XXI. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all participating agencies and such alteration, amendment or modification shall be effective when reduced to writing and executed in a manner provided for by this Agreement. It is recognized that during the course of operations, it may become necessary to alter the terms of this Agreement to provide for efficient operation of VNET and to meet the goals of VNET. It is further recognized that the Board has the expertise necessary to provide for the efficient operation of VNET. To that end, the jurisdictions agree that changes may be made to this Agreement, or addendums added to this Agreement, without prior approval of the legislative bodies of the jurisdictions on the condition that such changes or addendums shall be effective only by a unanimous vote of all members of the Board. XXII. RECORDS Each jurisdiction shall maintain records relating to work performed by its employees assigned to VNET when working on non -DEA operations. The VNET Office Manager shall maintain records relating to the operation of VNET Valley Narcotics Enforcement Team Interlocal Agreement - 11 to the extent required by law. All records shall be available for full inspection and copying by each participating jurisdiction. XXIII. FILING Upon execution of this Agreement, this Agreement shall be filed with the County auditor or, alternatively, listed by subject on the jurisdiction's web site or other electronically retrievable public source. XXIV. SEVERABILITY If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. XVV. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective as to each jurisdiction upon execution by the authorized representative of that jurisdiction. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed one original document. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. City of Auburn City of Auburn Print Name: Print Name: Its: Mayor Its: City Clerk Date: Date: City of Auburn Print Name: Its: City Attorney Date: City of Kent City of Kent Print Name: Print Name: Its: Mayor Its: City Clerk Date: Date: Valley Narcotics Enforcement Team Interlocal Agreement - 12 City of Kent Print Name: Its: City Attorney Date: City of Federal Way City of Federal Way Print Name: Print Name: Its: City Manager Its: City Clerk Date: Date: City of Federal Way Print Name: Its: City Attorney Date: City of Renton City of Renton Print Name: Print Name: Its: Mayor Its: City Clerk Date: Date: City of Renton Print Name: Its: City Attorney Date: City of Tukwila City of Tukwila Print Name: Print Name: Its: Mayor Its: City Clerk Date: Date: City of Tukwila Print Name: Its: City Attorney Date: Valley Narcotics Enforcement Team Interlocal Agreement - 13 Port of Seattle Port of Seattle Print Name: Print Name: Its: Chief Executive Its: Attorney for Port of Seattle Date: Date: City of Seattle City of Seattle Print Name: Print Name: Its: Its: Date: Date: P: \Civil\Files \Open Files \0770- VNETInterlocal\2016 VNET ILA Clean September 20 2016.doc Valley Narcotics Enforcement Team Interlocal Agreement - 14 COUNCIL MEETING DATE: October 18, 2016 ......................................................................................................................................................................................................................................................................................................................................... ............................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5c SUBJECT: Purchase of Fireworks & Ammunition Disposal Trailer from Hurd's Custom Machinery, Inc., POLICY QUESTION: Should the City of Federal Way, (Police Department), purchase a Fireworks & Ammunition Burn Trailer, for the Safe Destruction of Confiscated Fireworks, Ammunition and designated Narcotics? COMMITTEE: Parks, Recreation, Human Services & Public Safety Council Committee (PRHS &PSC) MEETING DATE: 10/11/16 CATEGORY: ® Consent ❑ City Council Business n Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Commander Stan McCall Attachments: 1. PRHS &PSC Staff Report Memo 2. Hurd's Custom Machinery, Inc.- Price Quote & Spec Sheet 3. Fireworks / Ammo Burn Trailer Proposal Memo (copy) Options Considered: 1. Approve 2. Deny .......................... ............................... MAYOR'S RECOMMENDATION: Approve the purchase of a Fireworks & Ammunition Burn Trailer with State seizure funds. DEPT: Police Department MAYOR APPROVAL: CHIEF OF STAFF: o� mittee ouncil h3 /4 ii." Council DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the purchase of this Fireworks & Ammunition Burn Trailer to the October 18, 2016 Council consent agenda for approval. C ittee Chair ,/ Committee ember PROPOSED COUNCIL MOTION: "I move approval of the purchase of a Fireworks & Ammunition Burn Trailer and authorize Police Chief Andy Hwang to make the purchase." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: COUNCIL BILL # ❑ APPROVED 1ST reading ❑ DENIED Enactment reading ❑ TABLED /DEFERRED/NO ACTION ORDINANCE # ❑ MOVED TO SECOND READING (ordinances only) RESOLUTION # REVISED -08 /12/2010 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 14, 2016 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Fireworks & Ammunition Disposal Trailer - Purchase History: The Federal Way Police Department has been collecting and storing confiscated illegal fireworks and assorted 'dropped-off' mmunition for many years. In the past we have participated in multi - jurisdictional disposal burns, outside of our jurisdiction. Burning fireworks and ammunition has required an open area, well away from residential and commercial interests, in a setting that can be controlled and managed with Fire Department apparatus assistance. These burn operations typically require considerable coordination and inter - agency cooperation. However, for the past 3 -4 years we have not been able to dispose of our fireworks and ammunition because our partner agencies have either not conducted disposal operations or they are no longer conducting joint disposal operations. We are currently holding approximately 500 pounds of fireworks and ammunition. Our current storage options are limited and continued or prolonged storage is not desirable. (See attached memo). Proposal: We are requesting to purchase a fireworks & ammunition burn trailer. This equipment can be used to safely burn all of our confiscated fireworks, junk ammunition and certain designated narcotics. The burn trailer manufacturer is located in Oregon and has been supplying this type of equipment to police departments and bomb disposal teams for many years. The burn trailer manufacturer is called, Hurd's Custom Machinery, Inc. They are a sole source vendor, original manufacturer and sole distributor in the USA for fireworks disposal trailers. (See attached trailer specifications and price quote). Funding: The cost for a fireworks /ammunition burn trailer is approximately- $27,200.00, excluding tax & license. This price includes an installed tool box and spare tire mount. We are requesting to use existing narcotic seizure funds (from the State account) for this purchase *. There are adequate funds in this account, (currently - $123K), to cover this expense. *RCW 69.50.505(10) - allows the seizing law enforcement agency to use the net proceeds from narcotic seizures, `for the expansion and improvement of controlled substances related law enforcement activity". This purchase is permissible under this statute. 1 Custom Machinery, Inc. QUOTATION Mike Wedel FEDERAL WAY POLICE DEPARTMENT FEDERAL WAY, WASHINGTON Date: 7 -7 -2016 Trailer quote valid for 60 days Freight quote valid for 30 days HURD'S AMMUNITION & FIREWORKS DISPOSAL TRAILER STANDARD FEATURES: *Approx. Length: 12' Width: 6' Height: 6' *3,500 lb single axle with brakes *15" Tires & Wheels *Lighting System DOT approved *Fueled by LP gas *Affordable, safe means of disposal *Heavy, solid, durable construction *Powder coat paint *Ignition source *Clean out tools *Burn chamber powder coated with black high heat paint Burn Trailer with Single Axle Options: Tool Box Add: $ 690.00 Spare Tire & Mount Add: $ 510.00 Quoted by Mike Hurd $ 24,500.00 204 Moore Street, PO Box 266 Harrisburg, OR 97446 • Ph: +1- 541 - 995 -6317 Fax +1-541-995-6319 • Email: hurdscmi @hurdsinc.com Hurd's Custom Machinery, Inc. Ammunition and Fireworks Disposal Trailer... Hurd's Ammunition and Fireworks Disposal Trailer is the foremost for ammunition and class "C" fireworks disposal. The burner "consumes in minutes" approximately 70 lbs.* of ammo ranging from 22ca1. to 50caI. shells and fully loaded magazines. It will burn approximately 30 lbs. of class "C" fireworks. ** Standard Features • Approx. Length: 12' • Width: 6' • Height: 6' • 3,000 Ib. single axle with brakes. • Lighting system DOT approved. • Fueled by LP gas. • Affordable, safe means of disposal. • Heavy, solid, durable construction. • Trailer frame is Sandblasted. • Frame is Powder Coated in your choice of Gloss Black or National Blue for a long lasting durable finish. • Burn chamber painted with high heat paint. Options Available • Tandem axle, add 20" '4/z-fpp • Tool Box (/k. • Spare tire & Mount 0670.- FEATURES MAY BE MODIFIED TO MEET YOUR NEEDS. *50 Ib. burn for lower emissions 70 Ib. =about 3 gallons ** Please note: This burn trailer is not designed or warranted to burn high explosives, including photoflash powder. Tandem Axle- Spare Tire - Toolbox +1 LZ120 ©• Single Axle -Spare Tire - Toolbox 2S ?()( All Contents Copyright Hurd's Custom Machinery, Inc. 2008 Member of IABTI since 1980 www.hurdsinc.com FEDERAL WAY POLICE DEPARTMENT INTEROFFICE MEMORANDUM TO: COMMANDER S. MCCALL FROM: CORPORAL M. WEDEL SUBJECT: FIREWORKS /AMMO BURN TRAILER DATE: 7/7/16 Since the inception of the zero tolerance fireworks policy in the City of Federal Way, the police department has amassed a large collection of fireworks. It is estimated that we have approximately 400 -500 pounds of fireworks and ammunition. The bomb squad has been the point of contact for collection and disposal of these items. The bomb squad has traditionally been part of a multi- jurisdictional annual fireworks disposal however Pierce County who was the lead agency has not conducted a burn over the past 3 -4 years leaving us with a large quantity of these highly dangerous items in a less than appropriate storage location per state and federal requirements. Attempts have been made to get with other squads to dispose of the fireworks but all of the agencies seem to have enough of their own fireworks to dispose of and all attempts have fallen through. Specialized equipment is needed as there are many hazards with fireworks disposal. More bomb technicians are killed while handling fireworks than they are with dealing with actual IED's. A fire hazard obviously exists with the open burning of fireworks and we are limited burning fireworks between burn bans and days that are not raining in this northwest environment. I would say though that one of the largest concerns is the storage of large amounts of fireworks. Fireworks are supposed to be stored in large and extremely costly permanent storage magazines. These magazines not only are extremely costly to build but they require constant monitoring, distance clearance from other structures and routine inspections by the Washington State Department of Labor and Industries. The cost of a burn trailer is dwarfed by the cost of installing a permanent magazine. The option that would best suit the City of Federal Way would be to purchase a fireworks and ammunition burn trailer which is what many other agencies use for their own disposals. I have attached a quote from Hurd's Custom Machinery Inc. in Oregon which specializes in this equipment. Although the trailers are not inexpensive I believe one is necessary to keep up with the amount of fireworks taken in each year due to the zero tolerance fireworks laws in the City of Federal Way. The most inexpensive option is for a single axle trailer with a single bum barrel. The quote attached has the cost of the trailer along with the additional costs of a tool box and spare tire listed. It would be a good idea to add the tool box and spare tire especially with the purchase of a single axle trailer. The purchase of the burn trailer is the safest and most cost effective option to dispose of the fireworks the City of Federal Way recovers every year. The utilization of the burn trailer would greatly reduce the liability the city may incur by the storage and possibility of accidental explosion which is of great concern as they are currently being stored on city hall property. Thank you, Michael Wedel. COUNCIL MEETING DATE: October 8, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL #: 6a ITEM SUBJECT: PUBLIC HEARING REGARDING 2017 -2018 BIENNIAL BUDGET AND PROPERTY TAX LEVY POLICY QUESTION: N/A COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent 111 Ordinance ® Public Hearing El City Council Business El Resolution 111 Other . STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Attachments: �N/A Summary/Background: Public Hearing on the 2017 -2018 Proposed Biennial Budget and 201.7 Property Tax Levy as required by RCW 35A.34. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: CHIEF OF STAFF: N/A N/A Committee Council N/A N/A Committee Council CITY CLERK APPROVAL: COMMITTEE RECOMMENDATION: N/A N/A Committee Chair N/A N/A Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 1/2015 RESOLUTION # COUNCIL MEETING DATE: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 7a SUBJECT: Briefing on the Multi - Family Housing Moratorium POLICY QUESTION: N/A COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® City Council Business Ordinance Resolution Public Hearing Other STAFF REPORT BY: Margaret Clark, Principal Planner DEPT.: Community Development Background: The City of Federal Way adopted a six -month moratorium on the expansion or creation of multi- family housing per Ordinance No. 16 -821 on June 7, 2016. The reason for the moratorium is to give the City Council time to review the multi- family zoning and development regulations to determine whether such zoning and development regulations are appropriate for the type of multi- family development that the Council envisions for the City. Staff briefed the Planning Commission on the moratorium on October 5, 2016. Attachments: October 10, 2016 Staff Report Draft October 5, 2016 Planning Commission Minutes MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A it/ Committee • Co ci1 Initial/Date Initial/Date CHIEF OF STAFF: N/A V Committee Council Initial/Date Initial/D DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: N /A. Committee Chair Initial/Date iz /rte /b Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED /DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2015 RESOLUTION # CITY OF Federal Way PLANNING COMMISSION STAFF REPORT DATE: October 10, 2016 TO: Jim Ferrell, Mayor VIA Brian Wilson, Chief of Staff FROM: Scott Sproul, Acting Community Development Director Margaret Clark, Principal Planner SUBJECT: Briefing on the Multi - Family Housing Moratorium Background The City of Federal Way adopted a six -month moratorium on the expansion or creation of multi- family housing per Ordinance No. 16 -821 on June 7, 2016. Multi- family housing is allowed in the Multi- Family Residential (RM) zones as a stand -alone use and in the Neighborhood Business (BN), Community Business (BC), Commercial Enterprise (CE), City Center -Core (CC -C), and City Center -Frame (CC -F) zones as part of a mixed -use residential /commercial project. The moratorium covers all multi- family and senior housing except for duplexes, triplexes, accessory dwelling units, townhouses, and cottage housing. II. Reason for the Moratorium The reason for the moratorium is to give the City Council time to review the multi- family zoning and development regulations to determine whether such zoning and development regulations are appropriate for the type of multi - family development that the Council envisions for the City. III. Summary of Types of Multi- Family Uses in RM, BN, BC, CE, CC -C, and CC -F Zoning Districts' Only those uses affected by the moratorium are listed. 2 The Federal Way Revised Code (FWRC) currently allows multi - family in the CE zone only south of South 356th Street, between Pacific Highway South and 16th Avenue South. Staff recommends not allowing future multi- family in this zone as it is the City's industrial zone and is not an appropriate location for multi - family. Page I Detached Stacked Senior Housing Mixed -Use Residential /Commercial RM 1800 X X X RM 2400 X X X RM 3600 X X X BN X BC X X CE X2 CC -C X X CC -F X X Only those uses affected by the moratorium are listed. 2 The Federal Way Revised Code (FWRC) currently allows multi - family in the CE zone only south of South 356th Street, between Pacific Highway South and 16th Avenue South. Staff recommends not allowing future multi- family in this zone as it is the City's industrial zone and is not an appropriate location for multi - family. Page I IV. Potential Actions to Improve Quality of Multi- Family Development a. Amendments to the FWRC The following code changes would be applied to stacked multi- family with more than 100 units: 1. Require underground parking for multi - family units; except structured parking would be allowed in the CC -C and CC -F zones. 2 Require a certain percentage of commercial on the ground floor of buildings in all zones (CC -C, CC -F, BC, BN, and ME) if located along an arterial or collector and are visible from the right -of -way. This excludes gyms and other uses considered accessory to the multi - family uses. 3. Prohibit the concentration of apartments with a large number of bedrooms by requiring a mix of one, two, three, four, and five bedroom units. 4. Require a certain percentage of a unit to be shared living area, e.g., living and dining rooms. 5. Require a certain percentage of the gross floor area of the apartment building to be common areas for social gathering. 6. Require a certain percentage of the gross floor area of the apartment to be designated as private open space, such as a patio, porch, deck, balcony, yard, or shared entry porches or balconies. 7. Require mandatory participation in garbage, recycling, and composting programs. 8. Require minimum space for solid waste enclosures to accommodate containers for garbage, recyclables, and compostables. 9. Require operational plans for solid waste storage and conveyance, whether interior or exterior, and establish a maximum allowable distance from unit entries to exterior solid waste storage. 10. Minimize bulk of buildings by restricting the number of units in each building. 11. Buildings shall insure maximum compatibility with surrounding land uses and structures. Where the site adjoins single- family residential uses, or single - family residential zones, or less intensive multi - family zones or uses, building heights shall be reduced and side yard setbacks shall be increased. 12. Require each apartment complex to have a Security Plan, e.g., common areas such as laundry rooms or any room which is not visible from publicly travelled places must have posted hours of operation and be kept secure at other times. 13. Require security cameras in shared areas, e.g., lobby, community rooms, playground. 14. Require a maintenance plan and /or adopt an inspection program to be financed by landlord fees. 15. Require impact fees to offset the need for calls by the police and fire departments. 16. Require multifamily complexes to provide supportive services (such as mental health counseling, chemical dependency, and substance abuse counseling) and related services, to the tenants of the project, the nature and extent of which shall be determined by the developer /owner in cooperation with the City. Page 2 17. Enforce the parking and critical areas provisions of the FWRC. 18. Come up with a new parking requirement based on number of bedrooms. b. Legislative Approach Lobby the state Housing Finance Commission to adopt a rule which requires a mix of affordable and market rate housing units when tax credits are awarded. V. Potential Impacts of Adopting Changes Under Section IV a. and b. Above 1. Increase in Cost to Develop — The majority of the changes would result in increasing the cost of development. For example, requiring structured parking would add approximately $26,000 per parking space to the cost of development. Many of other actions, such as #4 through #6, #10, and #1 1 would end up decreasing the number of units, thus reducing the profitability of the development, and potentially making it infeasible to construct. Incidentally, for calendar year 2016, the Federal Way School District increased the school impact fee for multi- family units in Federal Way from $1,834 to $9,273 per unit, while decreasing the fee for King County, Auburn, and Kent from $1,834 to $506 per unit. For 2017, the School District adopted a school impact fee of $8,386 for multi - family units in all jurisdictions within the district boundary. 2. Unintended Consequence of Limiting Affordable Housing — The National Association of Home Builders (NAHB) has begun to use the requirements of the Fair Housing Act (FHA) as a tool to discourage land use planning that limits affordable housing for minorities. Courts have held that the FHA may be violated where the effect of a land use or zoning decision discriminates against minorities insofar as they are deprived housing opportunities. Under the FHA, it is not necessary to prove that land use officials intended to discriminate against minorities in denying a specific housing project, or otherwise making a land use decision. 3. Inability to meet the goals and policies of the Growth Management Act (GMA), Puget Sound Regional Council (PSRC) VISION 2040, and the Countywide planning Policies (CWPPs). The comprehensive plan needs to be consistent with the following: (a) Growth Management Act (GMA) The GMA requires the comprehensive plan to identify sufficient land for housing, including but not limited to, government- assisted housing, housing for low- income families, manufactured housing, multi- family housing, group homes, and foster care facilities. It also requires the plan to provide for existing and projected housing needs for all economic segments of the community. (b) PSRC VISION 2040 The overarching goal of VISION 2040 is for the region to preserve, improve, and expand its housing stock to provide a range of affordable, healthy, and safe housing choices to every resident, with fair and equal access to housing for all people. Page 3 VISION 2040 contains a Regional Growth Strategy with a preferred distribution of the region's residential and employment growth, as well as a number of implementation actions for local governments to carry out. VISION 2040 calls for local comprehensive plans to address the following housing policy topics: • Increased housing production opportunities, including diverse types and styles for all income levels and demographic groups. • Affordable housing needs, including an assessment of existing and future housing needs based on regional and local factors, including household income, demographics, special needs populations, and adequacy of existing housing stocks. • Regional housing objectives in VISION 2040 include promotion of housing diversity and affordability, jobs- housing balance, housing in centers, and flexible standards and innovative techniques. (c) Countywide Planning Policies (CWPPs) The CWPPs must be consistent with both GMA and VISION 2040. The overarching goal of the CWPPs is that the housing needs of all economic and demographic groups are met within all jurisdictions. In order to do so, they require that jurisdictions do the following regarding housing: • Address the need for housing affordable to households with moderate, low, and very- low incomes, including those with special needs. The countywide need for housing by percentage of Area Median Income (AMI) is: 50 -80% of AMI (moderate) 16 %of total housing supply 30 -50% of AMI (low) 12 %of total housing supply 30% and below AMI (very-low) 12% of total housing supply Attachment 1 lists recent multi- family development in the City, affordable to persons at 50 and 60 percent of Area Median Income (AMI). The CWPPs also suggest local actions to encourage development of affordable housing. These may include, but are not limited to, providing sufficient land zoned for higher housing densities; revision of development standards and permitting procedures; reviewing codes for redundancies and inconsistencies; and providing opportunities for a range of housing types. • Have enough capacity to meet its Population Targets In 2012, the Growth Management Planning Council (GMPC)3 adopted targets for new households and jobs for the period of 2006 -2031. These targets were based on a methodology developed by the King County Planning Directors. The adopted 2006- 2031 housing target for Federal Way is 8,100 new residential units. At the end of 2012, Federal Way had a capacity for 8,443 new residential units, made up of 2,412 detached single- family homes and 6,030 multiple - family units. The 3 The Growth Management Planning Council (GMPC) is a formal body, currently consisting of elected officials from King County, Seattle, Bellevue, other cities and towns in King County, special purpose districts, and the Port of Seattle. Page 4 capacity for 4,880 of those 6,031 multi - family units was located in mixed -use development zones, and 1,151 units were located in multi - family zones. Between 2006 (January 1, 2006) and September 11, 2016, Federal Way permitted 2,537 net new residential units and lost 100 units to demolition, resulting in a net gain of 2,437 units. Table 1 Residential Units Permitted Between 1/01/06 and 9/11/16 Sin g le -Famil y Multi-Family Senior Housin g # Units Demolished Total Net Gain 10384 1,059 440 100 2,437 The 2,437 residential units prorated over approximately 10.75 years equate to approximately 227 units per year. This is less than the 324 units per year over a 25 year period that would be required to meet the 8,100 unit target. In addition, of the total 1,499 non - single family units permitted between January 1, 2006 and September 11, 2016; 910 multi - family units and 378 senior housing units were permitted between August 19, 2013 and September 11, 2016. Furthermore, the remaining targets of 5,663 units would require a net gain of 397 units per year to meet the 2031 housing target of 8,100 new residential units. VI. Summary The 2015 Major Comprehensive Plan Update has been certified by both the Department of Commerce and PSRC. Certification by the Department of Commerce and PSRC enables the City to be eligible for loans and grants. Some examples of these grants are shown in Table 2. If changes are made to the zoning code that result in a decrease in the capacity for new residential units and the inability for the City to meet its targets, this may make us Tess competitive in obtaining funds administered by the Department of Commerce and PSRC. Table 2 Examples of Grants Year Project Amount Awarded Grantor Sponsoring Agency 2004 -2008 SR 99 Phase III $7,648,689 Federal Highway Administration PSRC 2006 -2012 SR 99 Phase IV $7,879,392 Federal Highway Administration PSRC $8,177,109 State of Washington Transportation Improvement Board Washington State Dept. of Commerce 2008 S 348th HOV Lanes (SR 99 to 9th Ave S) $2,739,000 State of Washington Transportation Improvement Board Washington State Dept. of Commerce 2009 S 356th St at SR 99 Intersection Improvements $4,350,533 State of Washington Transportation Improvement Board Washington State Dept. of Commerce 4 This includes nine mobile homes on lots and three accessory dwelling units. Page 5 Year Project Amount Awarded Grantor Sponsoring Agency 2011 1 -5 southbound off ramp to S 320th St $3,184,863 Federal Highway Administration PSRC 2013 5, 336th 21 Ave SW at SW 336 St $3,360,000 State of Washington Transportation Improvement Board Washington State Dept. of Commerce 2013 S 320th St Preservation $1,100,000 Federal Highway Administration PSRC 2013 to Present SR 99 Phase V $9,639,331 Federal Highway Administration PSRC $6,000,000 State of Washington Transportation Improvement Board Washington State Dept. of Commerce Attachment Page 6 ATTACHMENT 1 E 0 ca 0 C 0 Total Units 290 t.D N 297 m , 000 Rented at 50% of Median Income* 15 NC [ in en 69 In.-- 41 $67,200 0 O co 69 0 69 as 0 N O: EA 0 7 0 N 5 47,160 41,920 0 ND M N Units for Employees 69 M M 10 Project Name Park 16 Kitts Corner Uptown Square Total 8 People NO M In 69 ON r .--" 69 o VD O: 69 $53,640 00 NC I- EA $41,720 NC [ in en 69 7 People O s.0 a\ 4s $67,200 0 O co 69 0 69 $44,800 0 N O: EA 0 VD M 48 People 83,840 0 ono NC 0 ° len 47,160 41,920 0 ND M 0 ° M $813 69 69 1 Bedroom o 69 69 69 at M Vn 69 $508 Studio ON .et 69 r. N 69 N N 69 r $633 0 p 0 N i I M 0o 43,92( o VD M 29,28( IA 69 69 69 69 69 'eople N 00 O b tn O [ ,605 O 69EA69668 EA O in in o Peop O in 8,78 0,65 V'1 vo 2,52 oo M EA 6 69 69 CA 'eople 0 0000 3,380 0 .fir 2,535 O ON v) en O Ch 6A EA EA 69 69 0 0 0 V O VD00NO �a Pe. O N ,--i !4; ! 5,. N 00 69 69 69 69 69 re 0 0 35% 0 f 0 0 0 5 0 0 00 \O V7 M 5 Bedroom M r-. 69 _ $1,445 I 0 O M 69 NO 1. 69 ---- O 69 $867 4 Bedroom $1,572 $1,310 O, N 69 $1,048 $917 VD 00 N 61`' 3 Bedroom $1,409 EA p 69 M N $704 2 Bedroom 69 6969 $813 $711 O 48 1 Bedroom o 69 $847 $762 $678 M Vn 69 $508 Studio ON .et 69 r. N 69 N N 69 r $633 M 69 $474 At % of Median Income 0 O \D 0 o In 45% 40% 0 in M 0 o M CITY OF FEDERAL WAY PLANNING COMMISSION October 5, 2016 6:30 p.m. City Hall City Council Chambers MEETING MINUTES Commissioners present: Lawson Bronson, Hope Elder, Sarady Long, Tim O'Neil, Wayne Carlson, Diana Noble - Gulliford, and Anthony Murrietta. Commissioners absent: Tom Medhurst (excused). Deputy Mayor Jeanne Burbidge and Council Member Mark Koppang. City Staff present: Acting Director Scott Sproul, Principal Planner Margaret Clark, Community Services Manager Jeff Watson, Assistant City Attorney Ryan Call, and Administrative Assistant Tina Piety. CALL TO ORDER Chair Bronson called the meeting to order at 6:30 p.m. APPROVAL OF MINUTES The minutes of July, 2016, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS Briefing — Multi- Family Development Moratorium Principal Planner Clark delivered the staff report. She introduced Community Services Manager Jeff Watson, who will be delivering part of the report. She went over the background, potential actions (18 of them), and potential impacts. Community Services Manager Watson went over possible unintended consequences that may be a result of the potential actions and to what extent the potential actions may be counter to the affirmative fair housing act. Principal Planer Clark went over other potential impacts and how the potential actions fit (or do not fit) within the King County Countywide Policies (CWPPs), Puget Sound Regional Council (PSRC) Vision 2040, and Growth Management Act (GMA) goals and policies. Commissioner O'Neil expressed concern that he didn't see his biggest concern addressed in this report, namely traffic congestion. What degree is traffic taken into consideration when considering a new project? Multi- family development is likely to generate a lot of traffic. Principal Planner asked that Commissioner Long (who works for the city) respond to this concern. Commissioner Long stated that the city verifies that there is adequate capacity for a development through the requirement of a traffic concurrency report. Any project deemed inadequate, must mitigate the impact. Commission O'Neil commented that it seems the city will have to have new roads in order to handle the additional units needed to meet the city's capacity target. October 5, 2016 P a g e 1 K: \Planning Commission\2016 \Meeting Summary 10- 05- 16.doc Commissioner Elder is concerned that a large number of people are not able to afford rent. Many landlords require a renter to have an income double that of the rent, which many people do not have. Principal Planner Clark noted that according to the statistics, the city has a large need for very-low income housing. Commissioner Carlson asked in regards to capacity targets, does the city carry forward pervious growth assumptions (possible made before the recession), or change them to reflect the current conditions. Principal Planner Clark responded that while the city researched to prepare the updated comprehensive plan, staff considered if the city had enough capacity to meet the target, which we do. Commissioner Carlson suggested staff pursue both the proposed potential actions and the proposed legislative approach. He commented that he does not believe that restricting the amount of units in a building will bring a greater mix of market and low- income rate units. He feels going higher is a better solution because it would be more expensive to construct and therefore, would encourage more of a mix. Alternate Commissioner Murrietta stated the proposed action to require multi - family developments to provide supportive social services (mental health, chemical dependency, etc.) to tenants gives a negative connotation. Community Services Manager Watson replied that it is a negative connotation; however, sadly the reality is that many people in low- income units have a need for these types of services. Commissioner Long questioned who will enforce the requirement to have social services. Who will determine who qualifies for counseling? It was stated that such services should be done by private agencies, not the city. Community Services Manager Watson clarified some of the issues and further discussion was held on this issue. The Commission discussed traffic concurrency, the level -of- service for roads, and its impacts. It was noted that a lot of our traffic comes from outside of the city and are just passing through. Commission Long noted that the city does use the State Environmental Protection Act (SEPA) to mitigate possible impacts from projects outside of the city. Commissioner Noble - Gulliford stated she feels the proposed action to require maintenance plans for developments and to adopt an inspection program to monitor the plans is a good idea. The city currently has a number of apartment properties that are in poor shape. Acting Director Sproul commented that the city's code compliance program does handle a number of issues in regards to multi - family developments. It was noted the city's program is complaint driven, though they are developing a more pro- active approach. Chair Bronson asked how the city could inspect properties without being too intrusive. Commissioner Long asked if the city has design guidelines for multi - family developments. Principal Planner Clark replied that we do; the proposed actions would go above our current guidelines. Chair Bronson commented that for the proposed action to require a safety plan, a better word would be a security plan. Staff agrees. ADDITIONAL BUSINESS Commissioner Carlson asked if staff has started on developing Low Impact Development and Codes for the NPDES permit as required by the state. Principal Planner Clark responded that Planning and Public Works staff have recently met and have begun to work on this issue. We will have a study session on the Historic Preservation program on October 19, 2016. ADJOURN The meeting was adjourned at 8:00 p.m. October 5, 2016 Page 12 K: \Planning Commission\2016\Meeting Summary 10- 05- 16.doc