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Council PKT 01-17-2017 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 January 17, 2017 – 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Ceremonial Swearing-In of Council Position No. 2 - Councilmember Bob Celski BRIEF RECEPTION HONORING NEW COUNCILMEMBER b. Proclamation – Human Trafficking Awareness Month – January 2017 - Brenda Oliver, Federal Way Coalition Against Trafficking (FWCAT) c. Performing Arts & Event Center Fundraising Report – Executive Director Theresa Yvonne and Federal Way Coalition of the Performing Arts President Joann Piquette d. Mayor’s Emerging Issues and Report • Homeless Mothers & Children Initiative • State of the City Address – Wednesday, February 1 at Twin Lakes Golf and Country Club • City Council Retreat – Saturday, February 4 at Dumas Bay Centre • GFOA Certificate of Achievement for the CAFR to Finance Director Ade Ariwoola 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: January 3, 2017 Regular and Special Meeting; January 5, 2017 Special Meeting ...page 4 b. Term Amendment for Historical Society Lease …page 18 c. Copper Wire Theft Protection System Installation …page 21 d. Panther Lake Trail Improvement - 30% Design ...page 23 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. e. 2017 Parks & Recreation Commission Work Plan …page 28 f. Olympic View '16 NTS - SW 330th St (21st Ave SW to 26th Ave SW) …page 30 g. 2016 Asphalt Overlay Project - Final Acceptance …page 34 h. Groundwater Interceptor Trench in SW 330th at 49th Ave SW - Project Acceptance …page 36 i. RESOLUTION: Approving Eagle Manor Final Plat …page 38 j. RESOLUTION: Acceptance of Grant Funding for Transportation Improvement Projects - Authorization to Accept Grant Funding …page 66 k. RESOLUTION: Setting Public Hearing to Amend the 2017-2022 Transportation Improvement Plan …page 71 l. Interagency Agreement with Washington State Department of Enterprise Services and Authorization to Apply for a Grant Related to the LED Street Light Conversion Project …page 76 m. Asphalt Overlay - Joint Construction Agreement with Puget Sound Energy for the SW 330th Street Gas Main Replacement (6th Ave SW to 1st Ave S) ...page 92 6. PUBLIC HEARING a. Establish a Transportation Benefit District (TBD) as required by RCW 36.73.050(1) …page 99 • Staff Report • Citizen Comment (3 minutes each) • Council Discussion 7. COUNCIL BUSINESS a. Collective Bargaining Agreement with the Police Support Services Association (PSSA) for 2016-2018 …page 111 b. RESOLUTION: Delegating to the Mayor or his Designee the Authority to Legally Bind the City of Federal Way for the Sole Purpose of Requesting Federal Transportation Grant Reimbursement …page 139 c. Ratification of Land Use/Transportation Committee Member and Chair Appointment …page 144 d. Lodging Tax Advisory Committee Appointments …page 145 e. Youth Commission Appointments …page 146 f. Diversity Commission Appointment …page 147 g. North Lake Management Advisory Board Appointment …page 148 8. ORDINANCES First Reading: a. Council Bill #720/ Establishing a Transportation Benefit District (TBD) …page 149 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. AN ORDINANCE of the City of Federal Way, Washington, relating to the establishment of a transportation benefit district and adding Chapter 3.26 to the Federal Way Revised Code. Second Reading/Enactment: b. Council Bill #718/Adoption of State Mandated Building and Construction Codes …page 161 AN ORDINANCE of the City of Federal Way, Washington, relating to the adoption of the Washington State Building Code and related matters; amending Title 13 FWRC. (Amending Ordinance Nos. 01-389, 04-465, 07-563, 09-595, 10-665, 13-743, and 15-793) c. Council Bill #719/Admissions Tax …page 184 AN ORDINANCE of the City of Federal Way, Washington, relating to the imposition of an admission tax. 9. COUNCIL REPORTS 10. ADJOURNMENT COUNCIL MEETING DATE: January 17, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the January 3, 2017 Regular and Special Meetings as well as the January 5, 2017 Special Meeting? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent n City Council Business ❑ Ordinance U Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk Attachments: DEPT: Mayor's Office Draft minutes for the January 3, 2017 Regular and Special City Council Meeting Draft minutes for the January 5, 2017 Special City Council Meeting Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A Committee Council Initial/Date Initial/Date CITY CLERK APPROVAL: ninal COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval of the minutes as presented." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 12/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF 1. CALL MEETING TO ORDER 61, Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall January 3, 2017 — 7:00 p.m. Mayor Ferrell called the meeting to order at 7:06 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: Acting City Attorney Mark Orthmann and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell asked Bob Darrigan to lead the flag salute. Bob Darrigan, read a brief memorial to Dick Mayer, a friend and advocate of this community who passed away in late December. He was remembered as a longtime member and supporter of many services groups in the community, who has left a legacy of giving with a happy heart and living a life of integrity. Mr. Mayer will be missed by many. 3. PRESENTATION a. Swearing In Ceremony for New Police Officers Police Chief Andy Hwang welcomed and introduced the following new officers: Officer Tyler Turpin and Officer Zachary Rockseth, both lateral hires from the University of Washington; and entry-level Police Officer James McCrary. Mayor Ferrell administered the Oath of Office to the officers and congratulated them. b. Proclamation: National Mentoring Month — January 2017 Deputy Mayor Burbidge read and presented the National Mentoring Month Proclamation to Communities in Schools Executive Director Tracy Oster and Program Manager Jennifer Youngblood. Ms. Oster thanked the Council for recognizing this Mentoring Proclamation and highlighted the need of mentors in schools. c. Mayor's Emerging Issues and Report Mayor Ferrell commented on the Seattle Seahawks 12th Man Flag hanging outside City Hall. He anticipates another playoff rally in the future. Federal Way City Council Regular Minutes Page 1 of 8 January 3, 20/7 r • New Markets Tax Credit Update Tim Johnson Economic Development Director gave an update on New Markets Tax Credits as they relate to the Performing Arts and Event Center. He noted the U.S. Treasury's Community Development Financial Fund combined Calendar Year 2015 and 2016 rounds of the New Markets Tax Credit Program for its award in 2016. The combined rounds provided $7 million in Tax Credits. The Treasury announced the selection of 120 awardees ($7 billion allocated) out of 238 that applied ($17.6 billion requested). Mr. Johnson noted the city is working with California -based Clearinghouse Community Development Financial Institution which received a $65 million award in New Market Tax Credits. Clearinghouse CDFI has allocated $7 million dollars toward the Performing Arts and Event Center project. The city will continue to work with the Clearinghouse as the city's prime tax credit provider while also attempting to receive additional allocations from other CDE /CDFI's for a total of $15 to $20 million for the project. Councilmembers thanked Mr. Johnson for his hard work on this project and asked various clarifying questions on the process and the tax credits. • Update on Council Position No. 2 Vacancy Mayor Ferrell noted the Council will be holding interviews for the nine (9) applicants who applied to fill the Council Position #2 vacancy. These interviews will be held in Council Chambers on Thursday, January 5th beginning at 5:00 p.m. He listed the applicants and encouraged everyone to attend and watch the interviews. • IRG Update Acting City Attorney Mark Orthmann briefed update on the status of the IRG property. He stated the city responded to a request for code interpretation, which decision has now been appealed to the Hearing Examiner. In response to Councilmember Honda's question, Mr. Orthmann stated the Hearing Examiner's decision is appealable to the Superior Court. Councilmembers thanked Mr. Orthmann for his update. • University Initiative Report Mayor Ferrell reported on progress made with the University Initiative. City Officials have been working closely with Highline College, Federal Way Public Schools and University of Washington — Tacoma on a Memorandum of Understanding to bring a campus to Downtown Federal Way. Mayor Ferrell is very positive on this initiative moving forward. • Update on Multi - Family Moratorium Brian Davis, Community Development Director reported at the last meeting the Council passed a 6- month extension on the Multi- Family Housing Moratorium. He reviewed a lengthy timeline for the process which estimates a First Reading in early May with Second Reading and Enactment in late May. The moratorium expires June 6. In response to Council questions, Mr. Davis stated background and research work has been done in the last six months, however none of these timelines have started. Federal Way City Council Regular Minutes Page 2 of 8 January 3, 2017 4. CITIZEN COMMENT Bob Darrigan had Lions Club applications for interested individuals. Richard Pierson shared that the Save Weyerhaeuser Campus Committee is in support of the city acquisition of approximately 40 acres of property for recreation and open space. He indicated that this conversation began two years ago with both the Mayor and the Trust for Public Lands. Jeffrey Oliphant, owner of Federal Way Marketplace, has had problems with loitering, pan - handling, drug use, and homeless individuals in front of the businesses and property. He reported that there are daily incidents and asked for a balanced approach to resolve these concerns and ensure the property is safe. H. David Kaplan spoke in opposition of the Public Art proposed for the Performing Arts and Event Center (PAEC). Gregory Baruso, on behalf of the Diversity Commission, extended an invitation for everyone to attend the Martin Luther King Junior event at Todd Beamer High School on January 16. He indicated that a new award will be presented that evening; the Roger Freeman Memorial Award. TaShawna Nash, a board member of the Save Weyerhaeuser Campus Committee, shared her support of the idea for the city to acquire a portion of the former Weyerhaeuser property to create a conservation preserve. Lori Sechrist remarked that while she is pleased the original proposal has withdrawn, there are ongoing on environmental and traffic impact concerns in regards to future development. Michael Brown explained that it is the citizens who live here, pay the taxes, and decide what the city should become while Industrial Realty Group (IRG) is an out -of -state for - profit company that wants to money on this property. Mayor Ferrell indicated that Yarden Weidenfeld, Senior Policy Advisor, has been directed to serve as a liaison in an attempt to facilitate locating funds and helping the Save Weyerhaeuser Campus Committee find a way to move forward. Gary Gillespie spoke as a member of the selection committee for choosing the new art for the PAEC and encouraged the Council to approve the committee's choice. He reviewed the process undertaken which included the review of over a hundred artists' proposals. Keith Livingston; resident, artist and advocate for the PAEC; looks forward to the grand opening and thanked the Mayor, Council, city staff, and dedicated citizens for getting this project built. He voiced his support for the proposed art installation and believes it will be regionally recognized. Suzanne Vargo asked questions in relation to the former Weyerhaeuser property. Sarah Carbaru introduced herself and wants to share her economic vision and plan for the city which is not yet completed. Julie Cleary shared concerns regarding the Sound Transit Light Rail and whether the station and potential maintenance facility would be located on the former Weyerhaeuser property. She requested a moratorium to study with Sound Transit to save the East Hylebos waterways. Federal Way City Council Regular Minutes Page 3 of 8 January 3, 2017 5. CONSENT AGENDA a. Minutes: December 6, 2016 Regular and Special Meetings; December 14, Special Meeting, and December 15, 2016 Legislative Breakfast Summary Steel Lake Park to Downtown Trail Project — 85% Design Review and Authorization to Bid c. S 356th Street (Pacific Highway South to Enchanted Parkway) Improvement Project — Letter of Understand with Comcast RESOLUTION: Grant Funding for Transportation Improvement Projects — Authorization to Accept Grant Funding Approved Resolution #17 -712 e. MOU with the Historical Society of Federal Way f. Arts Commission 2017 Contract for Services g. Interlocal Agreement with Federal Way Public School District #210 Deputy Mayor pulled item (f) /Arts Commission 2017 Contract for Services for a potential conflict of interest, she will be recusing herself. MOTION MADE BY DEPUTY MAYOR BURBIDGE TO APPROVE THE CONSENT AGENDA ITEMS A -E, G AS PRESENTED; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes COUNCILMEMBER HONDA MOVED APPROVAL OF ITEM (F)/ARTS COMMISSION 2017 CONTRACT FOR SERVICES AS PRESENTED; COUNCILMEMBER DUCLOS SECOND. The motion passed 5 -0 as follows; Burbidge recused. Deputy Mayor Burbidge recused Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes 6. COUNCIL BUSINESS a. Teamsters Collective Bargaining Agreement Human Resources Manager Jean Stanley stated the proposed agreement, which was approved by the Teamsters Bargaining Unit, is included in the Council packet and is within the parameters Council previously allowed. DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE 2017 -2019 COLLECTIVE BARGAINING AGREEMENT WITH TEAMSTERS LOCAL UNION NO. 763 AND TO AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT; COUNCILMEMBER MOORE SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes Federal Way City Council Regular Minutes Page 4 of 8 January 3, 2017 b. Extension of Interim City Attorney Appointment Human Resources Manager Jean Stanley reported the city contracted with the recruiting firm Prothman for the City Attorney position. Due to multiple factors, it has been a difficult recruitment. The city looked at the current market and the profile and adjusted the salary range. The adjusted recruitment profile is now re- opened with additional outreach and increased advertising since the holiday season. In the interim, the Mayor can appoint an Acting City Attorney for up to six months. Ryan Call and Mark Orthmann were appointed as Acting City Attorneys on July 7. The Mayor's recommendation is to continue their short term appointments until a City Attorney is hired on June 30th or before. MOTION MADE BY DEPUTY MAYOR BURBIDGE TO APPROVE THE EXTENSION OF THE SHORT TERM APPOINTMENT OF ASSISTANT CITY ATTORNEY'S RYAN CALL AND MARK ORTHMANN AS THE CITY'S INTERIM CITY ATTORNEYS THROUGH JUNE 30, 2017, OR UPON THE DATE A NEW CITY ATTORNEY BEGINS WORK, WHICHEVER COMES FIRST; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes c. Grant Acceptance — Port of Seattle for Economic Development Economic Development Director Tim Johnson briefly reported on the Port of Seattle Grant. This grant is matching funds for up to $65K. The grant is available to every King County city for Economic Development activities with a 50% match. The matched funds are reflected through his salary. MOTION MADE BY COUNCILMEMBER DUCLOS TO ACCEPT THE PORT OF SEATTLE GRANT FOR ECONOMIC DEVELOPMENT AND AUTHORIZE THE MAYOR TO EXECUTE THE GRANT AGREEMENT AND ANY OTHER REQUIRED DOCUMENTS; COUNCILMEMBER MOORE SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes d. 2% for Art Program for Performing Arts and Event Center Executive Director Theresa Yvonne briefed Council on the 2% for Arts project for the Performing Arts and Event Center. She thanked the Public Art Advisory Committee for working on this project spending many hours in thoughtful deliberation and consideration of proposed projects and guidelines. 176 artists submitted works in response to the Request for Qualifications; proposals were narrowed and four (4) finalists visited Federal Way. In the end, two projects were very close with a split vote 5 -4 to select "Hylebos Harmonics" from the Public Art Advisory Committee with the alternate selected "Hylebos ". Ms. Yvonne noted the alternate proposal did not fall within the budget of the project; and she contacted the artist multiple times to inquire about a revised proposal which would be within budget. "Hylebos Harmonics" is a visual representation of the Hylebos with colors representing a spectrogram of the songs of native birds. The proposal includes graduating columns, native grass, and basalt stones which will catch and reflect water. This project meets the requirements of the RFQ, including the project budget. Councilmembers thanked Ms. Yvonne for her presentation and asked clarifying questions regarding the timeline for moving this project forward, and the details of the alternate proposal. Council also thanked the Public Art Advisory Committee and the Arts Commission for their review; it was noted all proposals had the same guidelines and budget to follow in order to be the successful project. Federal Way City Council Regular Minutes Page 5 of 8 January 3, 2017 In response to additional questions regarding the revised alternate proposal and the desire for a "water feature "; Ms. Yvonne noted while the "water feature" may be desired, the requirement of the proposal was to "feature water ". She did not receive any feedback showing favor to the alternate project ( "Hylebos ") as revised, over the selected project ( "Hylebos Harmonics ") from the Advisory Committee. MOTION MADE BY COUNCILMEMBER KOPPANG TO AUTHORIZE A BID AWARD FOR "HYLEBOS HARMONICS" FOR THE PERFORMING ARTS AND EVENT CENTER IN THE AMOUNT OF $350,000 TO DAVID DAHLQUIST AND MATT NEIBUHR AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT AND ANY OTHER REQUIRED DOCUMENTS; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes 7. ORDINANCES First Reading a. Council Bill #718 /Adoption of State Mandated Building and Construction Codes AN ORDINANCE of the City of Federal Way, Washington, relating to the adoption of the Washington State Building Code and related matters; amending Title 13 FWRC. (Amending Ordinance Nos. 01 -389, 04 -465, 07 -563, 09 -595, 10 -665, 13 -743, and 15 -793) Building Official Scott Sproul provided a brief introduction of this Ordinance. He noted this is a housekeeping Ordinance which is adopted every three years and references the state mandated codes. This Ordinance was presented at the December 5 Land Use /Transportation Committee and the Mayor's recommendation is to forward this ordinance to second reading /enactment. City Clerk Stephanie Courtney read the Ordinance title into the record. MOTION MADE BY COUNCILMEMBER ASSEFA - DAWSON TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 17, 2017 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes b. Council Bill #719 /Admissions Tax AN ORDINANCE of the City of Federal Way, Washington, relating to the imposition of an admission tax. Finance Director Ade Ariwoola gave a brief report on this proposed ordinance. He noted as discussed during the 2017 -2018 Biennial Budget process, this will levy 5% with a $0.60 cap per ticket. Anticipated revenue is $400K. Notice will go to businesses once the ordinance becomes effective. In response to Council questions, Mr. Ariwoola noted this tax will not require additional staff. City Clerk Stephanie Courtney read the Ordinance title into the record. Federal Way City Council Regular Minutes Page 6 of 8 January 3, 2017 MOTION MADE BY COUNCILMEMBER DUCLOS TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 17, 2017 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER ASSEFA - DAWSON SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes Second Reading c. Council Bill #716 /Proposed Washington State Parks and Recreation (Dash Point State Park) Sewer Line and Park Utilities Franchise /Approved Ordinance #17 -829 AN ORDINANCE of the City of Federal Way, Washington, granting Washington State Parks and Recreation, a nonexclusive franchise to occupy rights -of -way of the City of Federal Way, Washington, within the specified franchise area for the purposes of constructing, maintaining, repairing, operating, and removing gravity sewer lines, and other utilities, with all connections and appurtenances thereto, for State Park purposes within and through the City of Federal Way. City Clerk Stephanie Courtney read the Ordinance title into the record. MOTION MADE BY COUNCILMEMBER ASSEFA - DAWSON TO APPROVE THE PROPOSED ORDINANCE; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes 8. COUNCIL REPORTS Councilmember Duclos noted she has met with Acting City Attorney and the Finance Director regarding adding additional Special Meetings for the Finance Council Committee to work on identifying sustainable and ongoing revenue sources for future budget cycles. Councilmember Moore was pleased to see the Executive Director of Communities in Schools attend the meeting for the proclamation; mentoring youth is very important to their ultimate success. He thanked Economic Development Director Tim Johnson for all his hard work on bring New Markets Tax Credits to the Performing Arts and Event Center project. Councilmember Koppang attended Mr. Dick Mayer's memorial service and is impressed with his level of dedication to the community, and the many citizens Federal Way who give their time and efforts to help people in need. He is thankful for the volunteer spirit in the community and the leadership of Mr. Mayer who is leaving a vision of commitment to serving other in his community. Councilmember Honda reported on the "Federal Way Cares for Kids" event in December; she thanked the Police Department, Fire Department, Macintosh family and the faith community who worked together on this event which helped many families. She attended the opening of the William J Woods veterans housing; she thanked Councilmember Duclos who was instrumental in that project. She also thanked the Legislators and Senator Miloscia for their time in attending the Legislative Breakfast in December. She remembered Dick Mayer and his service to the community and would like to see the city have a Relay for Life team in his honor. Federal Way City Council Regular Minutes January 3, 2017 Page 7 of 8 Councilmember Assefa- Dawson had a great holiday and noted the Ethiopian Christmas is this coming Saturday. She thanked Sharry Edwards and the volunteers who help at the Laundromat with cleaning clothes for those in need. She is impressed with the leadership and service to our community by these caring volunteers. Deputy Mayor Burbidge also thanked the Council for highlighting our giving and caring community by groups and individuals. Lodging Tax Advisory Committee will be tomorrow at 8:00 a.m. She wished everyone a Happy New Year. 9. EXECUTIVE SESSION • Collective Bargaining pursuant to RCA/ 12.30.110(4)(b) not needed 10. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 9:52 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 8 of 8 January 3, 2017 NI, CITY OF Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall January 3, 2017 — 5:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:35 p.m. CRAFT City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: Acting City Attorney Mark Orthmann and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. STUDY SESSION a. Briefing on Transportation Benefit District (TBD) • Staff Report — Public Works Deputy Director Desiree Winkler Public Works Deputy Director Desiree Winkler gave a presentation to Council on the background of a Transportation Benefit District (TBD). She noted a TBD is a quasi - municipal corporation and independent taxing district which can raise revenue for specific transportation projects, usually through vehicle license fees or sales tax as defined in RCW 36.73. The revenue may be used for transportation improvements which are included in a local, regional, or state transportation plan. Over 90 cities and towns have formed TBDs. Formation must be done by Ordinance, and include a public hearing. The ordinance must specify the boundaries for the district; specify the transportation improvements which will be funded; and set up the governance /staff which is generally the city's legislative body (City Council). The TBD must also issue an annual report indicating status of the plan and develop a material change policy. Ms. Winkler reviewed the possible funding which can be imposed by the TBD. The fee, as proposed in the biennial budget does not have any additional conditions. Based on the proposed fee, the net projected revenue is $879,000 (vehicle tab fee of $15). Additional funding sources include: Sales and Use Taxes; General Obligation Bonds; Border Area Fuel Tax; Impact Fees; Vehicle Tolls; Excess Property Taxes and Local Improvement Districts. The implementation process if followed would see the first revenue collected in late September 2017. The next step in this process will be a Public Hearing and First Reading of the proposed ordinance at the January 17th City Council meeting. Federal Way City Council Special Minutes Page I of 2 January 3, 2017 Councilmembers thanked Ms. Winkler for her presentation and asked various clarifying questions. Ms. Winkler noted the TBD is generally assumed by the City Council, and the general outline and implementation timeline is set up by RCW. Acting City Attorney Mark Orthmann also clarified the TBD Governing Body would hold a special meeting separate and prior to the Regular Council meeting to pass a Resolution and set the rates. Councilmembers are ex officio members of the TBD Board. The City Council may then at any time take action to assume the TBD. • Citizen Comment Diana Noble Gulliford (no comment sheet) questioned the difference in this fee and the transportation impact fees which are collected from new development. She is concerned over the need for a new additional tax. Public Works Director Marwan Salloum noted the transportation impact fees collected are from new developments. These fees are calculated based on impacts generated due to the increased need in the affected area of the development. • Council Discussion In response to specifics about revenue; Mr. Ariwoola stated this revenue source is used solely for transportation related projects which are currently being funded by general funds. 4. EXECUTIVE SESSION At 6:00 p.m. Mayor Ferrell announced the Council would be recessing into Executive Session for the purpose of discussing Collective Bargaining pursuant to RCW 42.30.140(4)(b) for approximately 30 minutes. • Collective Bargaining pursuant to RCW 42.30.140(4)(b) Council returned to Chambers at 6:22 p.m. 5. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 6:22 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 January 3, 2017 44116, CITY OF Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall Thursday, January 5, 2017 — 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:05 p.m. T City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: Acting City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. INTERVIEWS FOR COUNCIL VACANCY - POSITION NO. 2 Mayor Ferrell thanked everyone in attendance and reviewed the procedure for the interviews. Council will interview nine (9) applicants who will have three (3) minutes to introduce themselves followed by seventeen (16) minutes to answer six (6) pre- decided questions. Additional follow -up questions will be allowed if time remains at the end. Council will take a brief break half way through the interviews and will recess to Executive Session at the end of the interviews to discuss qualifications. He noted all nominations and discussions will take place during the open public meeting. The order of interviews was determined at random by the City Clerk's Office and is as follows: 1. Mark Talbert 2. Hope Elder 3. Bob Celski 4. Sharry Edwards 5. Gregory Baruso At 6:32 p.m. Mayor Ferrell announced the Council would be taking a brief recess for approximately ten (10) minutes. Mayor Ferrell reconvened the meeting at 6:47 p.m. Federal Way City Council Special Minutes Page l of 3 January 5, 2017 6. Christopher Adekoya 7. Anthony Murrietta 8. Sofia Mayo 9. Diana Noble - Gulliford 4. EXECUTIVE SESSION At 8:02 p.m. Mayor Ferrell announced the Council would be recessing into Executive Session for the purpose of evaluating qualifications of candidates pursuant to RCW 42.30.110(1)(h) for approximately thirty (30) minutes. • Evaluate Qualifications of Candidate pursuant to RCW 42.30.110(1)(h) Council returned to Chambers at 8:32 p.m. Mayor Ferrell reconvened the Special Meeting at 8:37 p.m. Councilmember Duclos thanked all the applicants who interviewed this evening; she is impressed with each person and encouraged them to stay involved with the city. Councilmember Assefa- Dawson also thanked the applicants for bringing so much information to the process. She noted this is a difficult decision and hopes to see everyone continue to be engaged. Councilmember Honda thanked the applicants for taking the time to interview this evening and for filling out the application form and written questions. She agreed this is a difficult process and prefers to have Councilmembers elected by the people. Councilmember Koppang spoke from personal experience of having interviewed twice for appointment to the Council; followed by being elected to his current position. He encouraged applicants to remain positive and stay connected with the city in any position they are able. Deputy Mayor Burbidge was amazed with the depth of the experience and wealth of knowledge each applicant brought tonight. She agrees with Councilmember Honda and prefers Councilmembers to be elected; however is confident with the applicants who interviewed this evening. Councilmember Moore thanked the applicants and echoed previous comments on the importance of this decision; he is impressed with all the candidates this evening. 5. APPOINTMENT TO FILL COUNCIL POSITION NO. 2 Mayor Ferrell called for nominations. Councilmember Duclos nominated Bob Celski. Councilmember Honda nominated Diana Noble - Gulliford. Councilmember Moore nominated Sharry Edwards. Mayor Ferrell asked for any additional nominations; no further nominations were received. Federal Way City Council Special Minutes Page 2 of 3 January 5, 2017 MOTION BY COUNCILMEMBER DUCLOS TO CLOSE NOMINATIONS; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes Mayor Ferrell asked the City Clerk to perform a roll call vote of each Councilmember. Deputy Mayor Burbidge Councilmember Assefa- Dawson Councilmember Honda Councilmember Koppang Councilmember Moore Councilmember Duclos Bob Celski Bob Celski Diana Noble - Gulliford Bob Celski Sherry Edwards Bob Celski City Clerk Stephanie Courtney reported Bob Celski received a majority vote (4 -2). Mayor Ferrell announced Bob Celski has been appointed to Council Position 2 by majority vote of the Council. 6. OATH OF OFFICE FOR NEWLY APPOINTED COUNCILMEMBER City Clerk Stephanie Courtney administered the Oath of Office to Bob Celski and congratulated him on his appointment. 7. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 6:22 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 3 of 3 January 5, 2017 COUNCIL MEETING DATE: January 17, 2017 ITEM #: 5b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TERM AMENDMENT FOR A HISTORICAL SOCIETY LEASE POLICY QUESTION: Should the Council authorize a term amendment to a lease agreement with the Historical Society for the use of the Steel Lake brick building? COMMITTEE: PRHSPS MEETING DATE: Jan.10, 2017 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing n Resolution ❑ Other STAFF REPORT BY: Steve Ikerd, Parks Deputy Director DEPT: PROS History: The City has a current lease agreement with the Historical Society for use of the Steel Lake brick building located at 2645 S 312th St. which runs through July 31, 2021. The Historical Society would like to upgrade plumbing, electrical and insulation on the facility with the use of their funds and a 4 Culture Grant. 4 Culture requires an organization to have a minimum 10 year lease in place to be eligible for this type grant. The current lease expires in 2021, short of 10 years, so staff is recommending extending the current lease to 2028 to satisfy this requirement. Options Considered: 1. Authorize a term amendment with the Historical Society for the use of the Steel Lake brick building by extending the term on the current lease to July 31, 2028. 2. Do not authorize a term amendment and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: Initial/Date Cou Initia /Date DIRECTOR APPROVAL: �,. /Z /4//‘ Initia /Date COMMITTEE RECOMMENDATION: I move to forward the proposed term extension to the January 17, 2017 consent agenda for approval. Committee Member Committee PROPOSED COUNCIL MOTION: "I move approval of authorizing an amendment to the Historical Society Lease by extending their term through July 31, 2028 and authorize the Mayor to sign 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 — 12/12/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # `V1F ralWa Federal Way AMENDMENT NO. 1 TO LEASE AGREEMENT FOR STEEL LAKE ANNEX BUILDING CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com This Amendment ( "Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and the Historical Society of Federal Way, a Washington nonprofit corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for the Steel Lake Annex Building ( "Agreement ") dated effective July 28, 2008, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until July 31, 2028 ( "Amended Term "). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT 1 1/2015 CITY of r I Way *. ede a CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: By: Jim Ferrell, Mayor DATE: THE HISTORICAL SOCIETY OF FEDERAL WAY By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ) Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: City Attorney, On this day personally appeared before me , to me known to be the (name of signatory) of the Historical Society of Federal Way that executed the foregoing instrument, (position or title) (corporation name) and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT 2 1/2015 COUNCIL MEETING DATE: January 17, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COPPER WIRE THEFT PROTECTION SYSTEM INSTALLATION POLICY QUESTION: Should the Council approve an installation agreement with MacDonald Miller for a custom copper wire theft protection system and authorize the Mayor to sign said agreement? COMMITTEE: PRHSPS MEETING DATE: Jan.10, 2017 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing n Resolution ❑ Other STAFF REPORT BY: Steve Ikerd Parks Deputy Director DEPT: PRCS Attachment: Copper Wire Theft Protection Memo Options Considered: 1. Approve an installation agreement with MacDonald Miller for a copper wire theft protection system and authorize the Mayor to sign said agreement. 2. Do not authorize an installation agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: mmittee I itial /Date / 7 Counc Initial Eate DIRECTOR APPROVAL: Inihal/Date COMMITTEE RECOMMENDATION: I move to forward the proposed copper wire theft protection system installation agreement to the January 17, 2017 consent agenda for approval. Member PROPOSED COUNCIL MOTION: "I move approval of an installation agreement with MacDonald Miller for a copper wire theft protection system and authorize the Mayor to sign 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 — 12/12/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # ti Federal Way Parks Department Date: Dec 15, 2016 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John R Hutton., Director of Parks. From: Stephen Ikerd., Deputy Director of Parks Subject: Copper Wire Theft Protection System Background: The City and School District has experienced significant wire theft over the years from many facilities. City staff has tried different methods to make it harder to steal but theft attempts continue. Staff researched monitoring systems and discovered there are not any practical systems on the market for our specific problem on sports field lighting. MacDonald Miller was presented this problem over a year ago and their engineering division has developed a method to monitor existing wire and send a real time message to alert when a wire is cut. This early warning system could not only prevent wire theft but has the potential of alerting Police with enough time to catch a thief in the act. This is a sole source custom system that the School District and City would like to install on sports field lights at the following joint use facilities: Saghalie, Sacajawea and Lakota Parks. Installation cost will be equally split between the City and the School District through an Interlocal Agreement. Recommendation: Approve an installation agreement with MacDonald Miller for a copper wire theft protection system and authorize the Mayor to sign said agreement. Financial Summary: $41,610 — equipment, materials and labor for Saghalie, Sacajawea & Lakota sites 3,953 — tax @ 9.5% $45,563 - contract amount with MacDonald Miller 4,556 — 10% contingency $50,119 — total Council approval should any contingency be needed. Equal Split summary of base estimate: $45,563 - 2 = $22,782; final actual cost to be split in half with the FW School District. Note: Expenditures for this work will be funded from the Major Maintenance CIP account. COUNCIL MEETING DATE: January 17, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: PANTHER LAKE TRAIL IMPROVEMENT — 30% REDESIGN POLICY QUESTION: Should the Council approve the proposed 30% redesign and authorize staff to continue developing an 85% design to bring back for final review and authorization? COMMITTEE: PRHSPS MEETING DATE: Jan.10, 2017 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Steve Ikerd, Parks Deputy Director ......................................................................................... ............................... .............................................................................................................. ............................... Attachment: Panther Lake Trail Improvement 30% redesign Options Considered: 1. Approve the 30% redesign of the Panther Lake Trail and authorize staff to continue developing an 85% design to bring back for final review and authorization? DEPT: PARKS 2. Do not approve the 30% redesign and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: Co ittee Initial/Date G DIRECTOR APPROVAL: 2�t7//t Coundil Z Inma /Date Initial/Date COMMITTEE RECOMMENDATION: I move to approve the 30% redesign of the Panther Lake Trail and authorize staff to continue developing an 85% design to bring back for final review and authorization to the January 17, 2017 consent agenda for approval. N`-A-- Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 30% redesign of the Panther Lake Trail and authorize staff to continue developing an 85% design to bring back for final review and authorization." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 12/12/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF 1114, Federal Way Parks Department Date: December 28, 2016 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John Hutton, Parks Director From: Stephen Ikerd, Deputy Parks Director Subject: Panther Lake Trail Improvement 30% redesign Background: The Parks Department received authorization from City Council in 2015 to bid a trail improvement project around Panther Lake from a design Public Works had been involved with in the Cary Roe era. At the same time the trail project was preparing to bid, Town Square Park was re- assigned from a consultant to the Parks Department to fully design and build. Due to the timing of this new workload, the Panther Lake Trail project was put on hold. The original trail design estimate was in the 1.5 million dollars range and would have needed to be built in phases due to insufficient funding. During public process and continuing after the project was put on hold staff received comments similar to those below from trail users, Park Commissioners and some Council: • Please keep the trail more natural with crushed rock and do not install asphalt. • The continuous loop trail concept around the lake is a great idea and a link from the BPA trail is an added feature for a unique urban hiking experience. • Is there any way to keep the trail in the wooded area and not use the West Campus Drive sidewalk to complete the loop? • Is this not a good location for a busy playground? This is a nature setting, no playground please! A playground is too far removed from ballfields to allow for safe supervision of children if a family is trying to attend games & do both. • Keep the whole setting as natural as possible. • Concern over conflicts of use sharing a driveway with the little league facility for a new proposed parking lot intended for trail users. 30% re- design proposal: In consideration of Public, Commission & Council comments, Park staff searched for ways to modify the original design; reduce cost, maintain the natural setting and try to produce a complete project with available funds. Following are Park Department recommendations for a 30% redesign: • Build a standalone parking lot with its own entry off West Campus Drive. This revision allows for better City control of trail parking and much easier for patrons to come and go without getting caught in long event parking ticket line that occurs within the little league driveway. This change also allows the parking to relocate more outside the wetland buffer which greatly reduces cost and mitigation requirements. The new design has approx. 20 stalls with set aside space to expand if the site should need more stalls in the future. • Change from a 10' wide asphalt trail to a 6' wide crushed rock trail which greatly reduces environmental impact, mitigation needs, lessens installation cost and achieves a more natural look & feel public comments centered around. Long term maintenance cost is lower changing to an ADA type crushed rock surface. • Eliminating a future playground from the original design when funds became available makes sense for this site because the main goal for this location is to provide a quiet passive setting to walk and enjoy wildlife. • Staff recommends installing a decorative screened portable toilet like the West Hylebos Wetlands successfully uses versus a future fully plumbed restroom. This type system is more cost effective and will help reduce the probability this location could become a rest stop and camp location. • Install a footbridge across a small ravine from the BPA trail near the south parking lot of the Aquatic Center in order to continue the loop trail through the woods back to the new parking. This modification eliminates the original idea to route the trail to the busy street sidewalk in order to return to the parking lot. A footbridge also adds an interesting feature to the whole trail walk experience. 30% redesign estimated cost: $1,052,182 for a complete project including soft cost and 10% contingency. Available Budget: King County Trail Levy City Funds - REET Total available budget $1,005,000 $337,000 $1,342,000 Recommendation: Council to approve the proposed 30% redesign and authorize staff to continue developing an 85% design to bring back for final review and authorization. Original 2015 design 85% proposal used Little League driveway POTENTIAL, FUTURE AGE 5 -12 PLAYGROUND POTENTIAL, FUTURE COVERED PICNIC AREA POTENTIAL, FUTURE AGE 2 -5 PLAYGROUND POTENTIAL, FUTURE MULTI USE TRAIL ALONG SW CAMPUS DRIVE HUITMLIARS MI °"� "`gip: rtsGW tim. a.0 CONNECTIONS TO EXISTING SIDEWALK POTENTIAL, FUTURE MULTI USE TRAIL ALONG SW CAMPUS DRIVE PANTHER LAKE OPEN SPACE EXHIBIT 2: PARK AREA EXHIBIT JANUARY 27, 2015 SCALE (161 FEET1 0 30 60 120 2017 Re- design 30% proposal w /separate City controlled entrance MI Il / / \</ A' u NEW PANTHER I` °� LAKE TRAIL i - 110,4 f� �-; I t EXISTING EAGLE s _ \(7f SCOUT BRIDGE r / i SEE EXHIBIT 4 -- :: Yr EXISTING ` NEW PANTHER EXISTING BPA TRAIL ,, LAKE TRAIL ��' OVERFLOW ,., % I SPILLWAY , /� ' SEE EXHIBIT '�'�' 7 _ ,- PANTHER LAKE �' �t -4 k,\ \ 4 } / NORTH CONNECTION \" ''',.::\ , �� ; TO BPA TRAIL NEW PANTHER 1 SEE EXHIBIT 4 / LAKE TRAIL / J.` SHARES . <-,:-/ '' �i` -800 LF `,..; WITH BPA .' - POTENTIAL BID ALTERNATES: TRAIL r � f� *t'` PARKING LOT: � BASE BID 1 .1 t BASE BID: 21 STALL LOT (SEE EXHIBIT 3) PAVED TRAIL t \ BID ALT 1:40 STALL LOT (SEE EXHIBIT 3) `w r : " :k : COUNCIL MEETING DATE: January 17, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: 2017 PARKS & RECREATION COMMISSION WORK PLAN POLICY QUESTION: Should the Council approve the 2017 Parks and Recreation Commission Work Plan? COMMITTEE: PRHSPS MEETING DATE: Jan 10, 2017 CATEGORY: ❑ Consent ❑ City Council Business n Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Steve Ikerd Parks Deputy Director Background: The Parks and Recreation Commission discussed their 2017 Work Plan during their November 3 and December 1 Commission meetings and voted to forward to Mayor Ferrell and the Council their proposed Work Plan for approval. Attachments: 2017 Parks and Recreation Commission Work Plan. Options Considered: 1. Approve the proposed Parks and Recreation Commission 2017 Work Plan. 2. Do not approve the proposed 2017 Work Plan and provide direction to staff. DEPT: Parks MAYOR'S RECOMMEND ON: Option 1 MAYOR APPROVAL: '/ Sit! Commi ee Council Initial/Date Initial/Date DIRECTOR APPROVAL: I/6 /2 / "S // jf Initial/Date COMMITTEE RECOMMENDATION: I move to forward the 2017 Parks and Recreation Commission Work Plan to the January 17, 2017 consent agenda for approval. Co ittee Char Committee Member Committee PROPOSED COUNCIL MOTION: "I move approval of the 2017 Parks and Recreation Commission Work Plan" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # Q Status When L 0 N 1 CT BLS �o 0 M I 2 M 1.: L -o ■` L: 0 L Commission Tasks /Objectives 1. Review current plan 2. Identify and invite stakeholders to participate in process 3. Host public meetings to gather stakeholder information/feedback 4. Participate in process, review drafts 1. Review drawings at 35% and make recommendation. 2. Review drawings and specifications at 85% and make recommendation to city council for approval to bid /award contract 1. Review playground decision matrix and make recommendation for future improvements or replacement projects. 2. Tour the Parks 1. Identify and sponsor scheduled volunteer's Activities. 2. Recruit volunteers 3. Volunteer at events. 1. Help promote and encourage participation in Parks & Recreation programs. 2. Set up a Commission booth and promote the Parks, Recreation & Culture Services Dept. 1. Identify areas where we can link existing trails or paths with new routes. 2. Research wayfinding methods to help trail users navigate through system. 1. Participate in process to master plan property Summary/Goals Begin work on new plan so the department is eligible for grant funding Work with staff on the final 1St phase construction plan. Improvement of playground equipment in existing parks appropriate for the neighborhood. Hold volunteer events in City Parks in conjunction with Earth /Arbor Day in April. Support the success of the Festival. Develop regional connectivity of pedestrian & walking paths. Parks Commission will become part of the stakeholder group to master plan & develop the Brooklake Property. Project Park, Recreation, Open Space Plan Panther Lake Project Annual Playground equipment replacement 2017 Volunteer Events Red, White & Blues Festival Trail Connectivity Brooklake CC COUNCIL MEETING DATE: January 17, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5f SUBJECT: OLYMPIC VIEW '16 NTS — SW 330T" STREET (21 ST AVENUE SW TO 26Th AVENUE SW) POLICY QUESTION: Should the Council approve the installation of three (3) speed humps on SW 330th Street between 21" Avenue SW and 26th Avenue SW? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 9, 2017 CATEGORY: ® Consent n Ordinance ❑ Public Hearing n City Council Business ❑ Resolution Li Other STAFF REPORT BY: Erik Preston P.E. — Senior Traffic Engineer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated January 9, 2017. Options Considered: 1. Authorize the installation of three speed humps on SW 330th Street between 21' Avenue SW and 26th Avenue SW. 2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff. MAYOR'S RECOMMENDATION: Forward Option 1 to the January 17, 2017 City Council Consent Agenda for approval. MAYOR APPROVAL: Initial/Date Cou it Initial/Date DIRECTOR APPROVAL: \th4 111- COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 17, 2017 consent agenda for approval. o y a Assefa -Da '•n,\Member Mark K. • sang, Memb-r PROPOSED COUNCIL MOTION: "I move to authorize the installation of three speed humps on SW 330`h Street between 21" Avenue SW and 26th Avenue SW." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # IS' reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 9, 2017 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM• Marwan Salloum P.E., Director of Public Works Erik Preston P.E., Senior Traffic Engineer SUBJECT: Olympic View NTS `16 — SW 330th Street (21St Avenue SW to 266 Avenue Sil») BACKGROUND: Residents along SW 330th Street between 215t Avenue SW and 26th Avenue SW submitted a petition on May 23, 2016 requesting the installation of speed humps or other traffic calming devices to control vehicle speeds, reduce cut - through traffic, and improve pedestrian safety along SW 330`h Street. Traffic studies were conducted in June of 2016, and the results are as follows: • Roadway Classification : Minor Collector • Average Daily Traffic (ADT): 1,829 • 856 percentile speed: 28.0 mph • Total collisions (last 5 years): 4 • Injury Collisions: 0 Based on the current adopted NTS installation criteria (per table below), SW 330th Street scored 3.5 total severity points. This meets the minimum 3.0 severity points to qualify For the installation of traffic calming devices. Minor Collector Street NTS Criteria Point Scale 85th Percentile Speed Average Daily Traffic (ADT) Location School /Park 5 -Year Collision History Total Injury Fatal 0.0 0 - 25 0 - 1,000 No 1 - - 0.5 26 - 27 1,001 —1,800 Yes 2 - - 1.0 28 - 29 1,801 — 2,600 - 3 1 - 1.5 30 - 31 2,601 — 3,400 - 4 - - 2.0 32 - 33 3,401 — 4,200 - 5 2 1 2.5 34 - 35 4,201 - 5,000 - 6 - - 3.0 36+ 5,001+ - 7+ 3+ 2+ A neighborhood traffic safety meeting was held on October 6, 2016 with 5 attendees signing in. Two leading alternatives emerged; an option to install 3 speed humps throughout the corridor and another to install a mini - roundabout at the SW 331st Street intersection with 2 speed humps to the west. A third option for no action was also included in the ballots that were mailed to the neighborhood in November. If approved, either option could be constructed in the summer of 2017. January 9, 2017 Olympic View NTS `16 Page 2 Option 1— Three (3) Speed Humps The proposed Speed humps were placed for maximum effectiveness and located based on many factors, including driveway location and spacing between other devices and intersections. Speed humps are proposed at the following addresses: • 2411 SW 330th Street • 2235 SW 330th Street • 2211 SW 330th Street Speed humps are very effective at slowing vehicles down and reducing the 85th- percentile speed below 25 mph. See the attached map for proposed locations. Option 2 — Two (2) Speed Humps and One (1) Mini - Roundabout Speed humps would be installed at the following addresses, similar to Option 1: • 2411 SW 330th Street • 2235 SW 330th Street This option would also install a mini - roundabout at the intersection with SW 331' Street with a small chicane on the east leg of the intersection to force westbound traffic to slow down to negotiate the roundabout. This option would greatly reduce travel speeds in and around the intersection, reduce intersection conflicts, and collision severity. The center island of the roundabout would be fully mountable behind a 3 or 4 -inch curb to allow buses and large vehicles to make necessary turning movements. Curbing around the outside shoulder of the roundabout would also be installed to prevent motorists from driving on the grass of neighboring lots. See the attached map for proposed locations. Option 3 — No Action This option would not build any devices and the street would remain in its current condition. In accordance with established NTS policies, staff sent a total of 117 ballots to property owners and occupants within 600 feet (measured along the road centerline) of the proposed traffic calming device locations. The table below summarizes the ballot results for the 32 ballots received (27.4% return rate): 2016 Olympic View NTS Ballot Counting Option Description Total 1 3 Speed Humps 16 2 2 Speed Humps & 1 Mini - Roundabout 11 3 No Action 5 The Traffic Division staff proposal is in accordance with the balloting results in recommending Option 1. The proposed locations for the 3 speed humps have been marked on the street. The proposed package should be effective in reducing speeds on SW 330th Street between 21st Avenue SW and 26th Avenue SW and may reduce cut - through traffic. However, there may be some negative impacts to the neighborhood including inconvenience, noise, and a slight increase in emergency response time. The estimated cost of this project is approximately $12,000 which is within the $15,000 per neighborhood per year budget limitation policy. The currently allocated NTS budget is $50,000 per year with $20,000 designated specifically for school NTS and/or school safety related improvements. Currently no other NTS projects are planned for 2017, so the entire budget is available. cc: Project File, Day File encl: Map of Option 1 & 2 Option 1 —Three (3) Speed Humps Speed Humps Option 2 — Two (2) Speed Humps and One (1) Mini - Roundabout Mini - Roundabout Speed Humps -NKr f 1 COUNCIL MEETING DATE: January 17, 2017 ITEM #: 5g CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2016 ASPHALT OVERLAY PROJECT - FINAL ACCEPTANCE POLICY QUESTION: Should the Council accept the 2016 Asphalt Overlay Project constructed by Tucci and Sons, Inc. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 9, 2017 CATEGORY: ® Consent n Ordinance ❑ City Council Business n Resolution I Public Hearing Other STAFF REPORT BY: Jeff Huynh, Street Systems Engineer DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated January 9, 2017 Options Considered: 1. Authorize final acceptance of the 2016 Asphalt Overlay Project constructed by Tucci and Sons, Inc. in the amount of $1,500,951.66 as complete. 2. Do not authorize final acceptance of the completed 2016 Asphalt Overlay Project constructed by Tucci and Sons, Inc. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the January 17, 2017 Council Consent Agenda for approval. MAYOR APPROVAL: c DIRECTOR APPROVAL: Co ittee Initial /Date Cobncil Initial /Date Initial /Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 17, 2017 consent agenda for approval. ommittee Chair PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the 2016 Asphalt Overlay Project constructed by Tucci and Sons, Inc. in the amount of $1,500,951.66 as complete." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 9, 2017 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM• Marwan Salloum, P.E., Public Works Director Jeff Huynh, Street Systems Engineer SUBJECT: 2016 Asphalt Overlay Project — Project Acceptance BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The 2016 Asphalt Overlay Project contract with Tucci and Sons, Inc. is complete. The final construction contract amount is $1,500,951.66. This is $88,698.34 below the $1,589,650.00 (including contingency) budget that was approved by the City Council on March 15, 2016. cc: Project File Central File K: \LUTC\2017 \01 -09 -17 2016 Asphalt Overlay project - Project Acceptance.doc COUNCIL MEETING DATE: January 17, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5h SUBJECT: GROUNDWATER INTERCEPTOR TRENCH IN SW 330TH ST AT 49TH AVE SW POLICY QUESTION: Should the City Council accept the Groundwater Interceptor Trench in SW 330th St at 4911' Ave SW Project constructed by Green Earthworks Construction, Inc. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 9, 2017 CATEGORY: • Consent n City Council Business n Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Tony Doucette, P E., SWM Project Engineer Attachments: Land Use and Transportation Committee memorandum dated January 9, 2017 Options Considered: 1. Authorize final acceptance of the Groundwater Interceptor Trench in SW 330th St at 49th Ave SW Project constructed by Green Earthworks Construction, Inc. in the amount of $25,450.00 as complete. 2. Do not authorize final acceptance of the completed Groundwater Interceptor Trench in SW 330th St at 49th Ave SW Project constructed by Green Earthworks Construction Inc. as complete and provide direction to staff. DEPT: Public Works MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 17, 2017 City Council Consent Agenda or approval. MAYOR APPROVAL: Initial /Date Conn I Initial /Date DIRECTOR APPROVAL: 2I1Ct,if �t COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 17, 2017 City Council consent agenda for approval. Committee Chair Com "ee Member PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the Groundwater Interceptor Trench in SW 330th St at 49`" Ave SW Project constructed by Green Earthworks Construction, Inc., in the amount of $25, 450.00 as complete" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 9. 2017 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor Marwan Salloum, P.E., Public Works Director FROM: Theresa Thurlow, P.E., Surface Water Manager Tony Doucette, P.E., SWM Project Engineer SUBJECT: Groundwater Interceptor Trench in SW 330th St at 49" Ave SW — Project Acceptance BACKGROUND: The Groundwater Interceptor Trench in SW 330`x' St at 49`l' Ave SW Project constructed by Green Earthworks Construction, Inc. is complete. The final construction amount is $25,450. This is $2,545.00 below the $27,995.00 (including contingency) budget that was approved by Council on October 4, 2016. cc: Project File Day File COUNCIL MEETING DATE: January 17, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 51 SUBJECT: RESOLUTION APPROVING EAGLE MANOR FINAL PLAT POLICY QUESTION: Should City Council adopt a resolution approving the Final Plat of Eagle Manor (City File No. 16- 104269- 00 -SU)? COMMITTEE: LUTC MEETING DATE: 1/9/2017 CATEGORY: ❑ Consent n City Council Business ❑ Ordinance ❑ Public Hearing ® Resolution ❑ Other STAFF REPORT BY: Dave Van De Weghe, Senior Planner DEPT: Community Development Attachments: 1. Staff Report with exhibits. See Exhibit F for Resolution approving the Eagle Manor Final Plat. Options Considered: 1. Approve the Final Plat and Resolution as presented; 2. Modify the Final Plat and/or Resolution and approve as modified; or 3. Do not approve the Final Plat and provide direction to staff. MAYOR'S RECOMMENDATION: Adopt the resolution approving the Final Plat of Eagle Manor. MAYOR APPROVAL: 1 ! Come //1110/1/ /J // (r DIRECTOR APPROVAL: - flee ounci Initia /Date Initial /Date COMMITTEE RECOMMENDATION: I move to forward the Resolution approving the Eagle Manor Final Plat to the January 2017 consent agenda for approval. �• mmittee . 1. be Commit - Member PROPOSED COUNCIL MOTION: "I move approval of the Resolution approving the Eagle Manor Final Plat" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 15T reading Enactment reading ORDINANCE # RESOLUTION # CITY OF Federal Way COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO CITY COUNCIL EAGLE MANOR FINAL PLAT Federal Way File No. 16- 104269 -00 -SU Report prepared by Dave Van De Weghe, Senior Planner, January 9, 2017 RECOMMENDATION The Community Development Department recommends approval of the Eagle Manor Final Plat (Exhibit A). City of Federal Way staff has reviewed the final plat application and finds it complies with the preliminary plat conditions and all other applicable codes and policies. II POINT SUMMARY Meeting Date: Plat Location: Land Use /Transportation Committee — Monday, January 9, 2017 — 5:00 p.m. King County Parcel 894720- 0120. Parcel is located at the corner of SW 344th St. and 21st Ave. SW (Exhibit B). Description: Eagle Manor is a proposed 12 -lot single- family residential subdivision on approximately 3.11 acres. The Eagle Manor preliminary plat application was granted approval by the Federal Way City Council on September 2, 2008 per City Council Resolution No. 08 -533 (Exhibit C). SW 340th St SW 344th St SUBJECT PROPERTY Access to Eagle Manor is via SW 344th St. and the newly constructed 22 ❑d Pl. SW. All required roads, sidewalks, pedestrian pathways, wetland mitigation, storm drainage facilities, sewer lines, water lines, and related improvements for the project have been constructed or are financially guaranteed. 16- 104269 -00 -SU Doc. I.D. 75107 Owner: Agent: Water /Sewer: Fire District: School District: 696 LLC 34667 Pacific Hwy S. Federal Way, WA 98003 Encompass Engineering & Surveying Chad Allen 165 NE Juniper St, Suite 201 Issaquah, WA 98027 Lakehaven Water and Sewer District South King Fire and Rescue Federal Way Public Schools III HISTORY AND BACKGROUND Federal Way Comprehensive Plan and zoning designation for the subject property is Single Family High Density Residential and RS 7.2, respectively. The Eagle Manor plat is a standard subdivision with a minimum permitted lot size of 7,200 square feet. The lot sizes on the final plat range from 7,207 square feet to 8,244 square feet. The 3.11 -acre subdivision includes tracts for storm drainage and landscaping. The 12 -lot Eagle Manor Preliminary Plat was granted approval by the Federal Way City Council on September 2, 2008, per Resolution No. 08 -533. On July 27, 2015, Administrative Decision No. 15- 103181 -00 -AD (Exhibit E) was approved to extend the Preliminary Plat approval for two years. The applicant applied for final plat approval on August 29, 2016, while the site was still under construction. Improvements are now substantially complete. Pursuant to RCW 58.17.110 and Federal Way City Code' (FWCC) 20 -136, the City Council is charged with determining whether: 1) the proposed final plat conforms to all terms of the preliminary plat approval; 2) the subdivision meets the requirements of all applicable state laws and local ordinances which were in effect at the time of preliminary plat approval; 3) all taxes and assessments owing on the property have been paid; and 4) all required improvements have been made or sufficient security has been accepted by the city. City of Federal Way staff has reviewed the Eagle Manor Final Plat for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met or financially secured as allowed by FWCC 20 -135. A proposed Resolution to approve the Eagle Manor Final Plat is enclosed (Exhibit F). IV COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval (Resolution No. 08 -533). Required improvements have been completed or financially secured as allowed by FWCC 20 -135 and identified by staff responses following each condition. 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Final storm drainage engineering plans shall comply with the following: The proposal is vested to the Federal Way City Code as the application was determined complete prior to the code reorganization which is now known as the Federal Way Revised Code. 16- 104269 -00 -SU Doc. I.D. 75107 A. Drainage plans and analysis shall comply with the 1998 KCSWDM and amendments adopted by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans is required prior to any construction. B. Level 3 flow control may be provided, or the engineer may instead meet the requirements for a Level 1 flow control "Type 1 Conveyance System Nuisance Problem" as outlined in Table 1.2.3.A in the 1998 KCSWDM. Staff Response — This condition has been met. The developer chose to construct the Level 3 Flow Control facility. Full compliance with drainage provisions set forth in FWCC have been met. 2. The proposed subdivision shall comply with the current City of Federal Way Public Works Development standards for this project, including the following requirements: A. Road A (22'd Place SW) and Road B (SW 344`1' Court) shall be constructed to City Standard roadway section "W" as follows: a 28 -foot paved roadway with curb and gutter along all margins, a four -foot planter strip with street trees, five -foot sidewalk, and a three -foot utility strip with streetlights, all within a 52 -foot right -of -way. Street frontage improvements along SW 344th Street shall be constructed to a City standard Type "S" street section, consisting of a 36 -foot paved roadway with four -foot planter strip with street trees, five -foot sidewalk, and three -foot utility strip with streetlights, within a 60- foot right -of -way. Street lighting is required on all streets, pursuant to FWCC Section 22 -1522. Staff Response — This condition has been met. 22"d Place SW and SW 344th Ct. have been built to City Standard roadway section "W. " Required street trees have been financially guaranteed by a performance bond in the amount of $25, 000. 3. Clearing for the construction of the plat improvements (roads, pond, and utilities) shall be generally consistent with the clearing limits depicted on the Preliminary Road Grading, Storm Drainage, and Utility Plan, which was prepared by the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading, and may be modified with the approval of the Community Development and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. Staff Response — This condition has been met. During engineering review, the original applicant requested, and received, modification approval from the Public Works Department to clear and grade the site. 4. Final location and design of the school access paths shall be approved by the Federal Way School District and Federal Way Public Works Department prior to issuance of construction permits for infrastructure improvements. Staff Response — This condition has been met. Connection to the existing pedestrian network along SW 344`x' St. has been provided via sidewalks. V COMPLIANCE WITH PRELIMINARY PLAT EXTENSION CONDITIONS The following lists conditions of preliminary plat extension approval (Administrative Decision No. 15- 16- 104269 -00 -SU Doc. 1.D. 75107 103181- 00 -AD). Required improvements have been completed or financially secured as allowed by FWCC 20 -135 and identified by staff responses following each condition. 1. The applicant's engineer shall redesign the water quality facility to meet the design criteria of the Enhanced Basic Water Quality menu of the 2009 KCSWDM, and shall also address BMP's for subdivisions as required under the 2009 KCSWDM. Staff Response — This condition has been met. Full compliance with drainage provisions set forth in FWCC have been met. 2. The applicant will be subject to the City Transportation Impact Fee as a replacement for the City's prior method of pro -rata share contribution prior to plat recording (or as deferred per FWRC 19.100.070 (3)(b)). Staff Response — This condition has been met. The traffic impact fee will be determined by the fee schedule in effect at the time of the plat recording and must be paid at such time, unless deferred per FWRC 19.100.070 (3)(b). For estimation purposes, the TIFfee rate (2016) is approximately $3, 829.78 per SF lot including administrative fee; or $45,957.37 for 12 lots. VI STATE ENVIRONMENTAL POLICY ACT (SEPA) The city issued a Determination of Nonsignificance (DNS) for the proposal on September 15, 2007 per File No. 06- 106523- 00 -SE. No mitigation conditions were required. VII DECISIONAL CRITERIA Pursuant to FWCC 20 -136, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the conditions of preliminary plat have been met or financially guaranteed, and the final plat is in substantial conformance to the preliminary plat. 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met. The plat meets the RS 7.2 zoning standards in effect at the time the application was determined to be complete. The lot sizes exceed the underlying minimum lot size requirement of 7,200 square feet for single family lots in the RS 7.2 zone. Construction of the plat infrastructure is substantially complete and as provided in FWCC 20 -135, performance and maintenance bonds are in place for the entire plat and off -site improvements. 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. All plat conditions have been met and /or financially guaranteed. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school 16- 104269 -00 -SU Doc. I.D. 75107 grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and /or adequately financially guaranteed as discussed above, including: safe walking routes to school bus stops; provisions for open space; drainage system installation; water system installation; sewer system installation; and street improvements. Pursuant to FWRC 19.100.070, the applicant will pay the city a total of $72,000.00 (15% of the 2016 King County appraised land value, $480, 000) in- lieu -of providing required usable open space on site. 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road and storm drainage improvements for Eagle Manor have been constructed and /or financially guaranteed and a maintenance bond is in effect. In addition, sewer and water lines have been installed and approved by Lakehaven Water and Sewer District as identified in the Letter of Substantial Completion dated December 2, 2016. 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. VIII CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Eagle Manor meets all platting requirements of RCW 58.17.110 and FWCC 20 -136. Plat infrastructure improvements have been substantially completed and/or financially secured to guarantee that all plat conditions and code requirements will be completed as allowed by FWCC 20 -135. The project has been developed in conformance with Resolution No. 08 -533, approving the Eagle Manor Preliminary Plat. A recommendation of final plat approval is therefore being forwarded to the City Council for approval. IX EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Reduced Copy (81/2 x 11) Eagle Manor Final Plat Vicinity Map Resolution No. 08 -533, Eagle Manor Preliminary Plat Approval Reduced Copy (81/2 x 11) Approved Eagle Manor Preliminary Plat Administrative Decision No. 15- 103181- 00 -AD, Preliminary Plat Extension Proposed Resolution Approving the Eagle Manor Final Plat 16- 104269 -00 -SU Doc. I.D. 75107 EXHIBIT A Reduced Copy (81/2 x 11) Eagle Manor Final Plat EAGLE MANOR A PORTION OF THE N.W. 1/4, OF THE S.E. 1/4, SEC. 24, T 21 N, R 3 E, W.M. CITY OF FEDERAL WAY, WASHINGTON IOg1Y YE PEDDLE Sv THESE PRESETS IW r RE, INE IJA ETMOR© oAOI(RS OF IKSFi EST 04 RAE UN+7 r.EREBY SuIRAVCED. HEREBY Mums *es PIA r 10 BE ME ;stow RTRTSOYFA1gN Cf THE',AKERSON MACE IIEIEBY, AND CO AMERY OEDKAIE TC THE y5E DF 114E FROLIC FOREVER- Al JITIssiS MO MORES NOT 9101%1 A5 PINNATE NEIEDN Nil OEDEATE HE USE HEREOF FOR ALL PMLIC PURPOSES NOT NLEMSRT0T MIN TE USE TRW. FOR Pt.EL4 MCANAY PURPOSES. NO ALSO TIE Ir6NT 10 HARE AECFSARY $LOPES FOR aim MO FILLS WON THE LOOS LOAN THEREON IN '1E COMAE REASONABLE *A0*) OF SRO V..IAAtS MET AVENUES AND FERTRER Ef4ICA1E TO THE USE OF TIE PIBIi0 AML EASEMENTS A4O TRACTS S10* OM ORS PLAT FOR ALL PLRJC PURPOSES AS PLEATED 1N[RECN. INCMU11116 RJT NOT LEADED TO PAWS. OM SPACES. U7(P.ES 1040 204»U E NR.ESS SIKH EMU/DIM CR TRACTS ME SPECIFICALLY OENTIRED 01 1145 PUT AS SORO DCdCATED OR C N EYED TO A PERSON OR ENTITY OVER IHAN THE PU1LC. IR MES CASE HIE 00 HERESY DEOKATE SUP( STREETS. EASEMENT% OR TRACTS 10 THE PERSON OR ENTITY MOTET) AND FOR )4 P.FPOW STATED. fl.RT R. TIE LINCPJR'SINED OWES OF 114E LAID NET®Y SLISCT'AOEO. um*( FDR TIE ELVES, NOR TIERS 4140 ASSRFI0 AND AMY PET504 ER ENT h CElFINC TYRE nietw 1PE IIMCEALDAUD. ANY AND M.A. CLAUS TOR DA IAOES AOARfST 154E 011' Cr FEDERAL MAY. ITS 51JCCESSORS NO ASSOC WWI. Y SE RE ESTAEURAYENT. 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Cf1NTY a KM, STATE Cr FMS104310N CITY OF FEDERAL WAY FILE NO. 16- 104209 -00 -SU APPROVAL$ DEPARTMENT Of MIMIC WORKS DUNNED AND *PROM) HIS DAY OF PNRJC WORKS ORR007CT 2C DEPARTMENT Of CONISIIT'Y orseLooreur IIQIYICEI E7GWNED 440 APPROVED 1143 DAY OF C01Al1NTY MO CCOPIDI40 *040,04l7 EFFECTOR FEIDEMEL WAY CRY COUNCIL WANED MD APPROIED MSDAY Ct . 20- NAME At1CST: QTY CL- MO COUNTY DEPARTMENT OF ASSESIEENTB EXAY3*0 AND A•01POLV 11113-DA'! OF 20 KNC 0AUNT7 ATE /Like OVIMTY COF41Y 6555SSOR ACCOUNT MJMRER: 3447200110 FINANCE OMIIDM CERTIFICATE 1 IiRLBY CTCRTFY MA? KL. moniery TARES ARE PAC, THAT THERE NE TOO CELNCUENI W(DAI. ASSESSMENTS CRAFTED TO MS CFTIC! FOR COLLECTION AAD THAT ALL 'SPECIAL ASS(S4VEVT5 iR16TD 10 MS CFF0 FCR CCUEC710n ON ANY OF 114E 0IRCIFT IY 7E3(.N CEOCA770 AS STREETS. ALLEYS 09 FOR 014F17 IRJPJC LSE ARE PAM N FULL 114.__ 047 Or_ 70._.. 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NCILEI #C OUT NOT LIATED 10 THOSE, EASE 0 WARM RARE COLOR, AEUOCN, SUL SERIAL ORE7ITATA7, 'ANEW. STAEUS, MAMTIL STAT4A OIETEUTT- KMOCAP, 0110144. OMEN- ANCESTRY, OR SCORE CF RO E, AS 9511 twill N AFPUCARE STAIR CP FEDERAL LAWS,, EXE£P7 TO TIE (YtVR 1437 SND COVENANT OR RESTING1101151 11111077116 RY ApV,ACA9,E LAW AS 9ET FORTH 04 111E PLAT Of MAGMA NUS UNDER RECPI0340 WRIER 000715 4.5. (AFFECTS MORE SUE) 4_ A(YE514,NT AND 1E TEAMS 4443 CONDITIONS 11579(974 WATER O5ST1CT NO. 124 AID EDE SLALOMS. RECORDED FTESSUARY 14, 1979 UNDER RECCES:1W NCIEER 790014135.9, I 2,441034; 00•511RuCRCN OF GERTAM WATER MANS 5.10} PATIENT THEREOF. (NOT :OCATA9E) 4cRIMENT MO THE TE100 AAO 074011WN5 114REP DEQ2TeD ST E4GE ORE 3 LAND • 95W10PNEYT, ILL Ah0 L.3REIALE3 UOEM G51RCT. TEiOORO(C APRIL 2, 2012 LARDER FE(040N6 340953 20130402001590, A(9ARONC WATER AID 54991437 351ER MAN ARID COS'S RELATER 7407 LOC4TAE E) 9, 061.' TO MA4:E I1, ART SL6'E3 FOR OU79 ANC FlLS CPGN 4359411477 IESrt3N CESCRE D AS ORAN'EO ro 490 054941•' TN CM SECURED) MAT 21, 1941 UNDER RECORDING KARAM 6E9 219. MDT L1CA5A&E) 7. NSW TO MAKE NE0.5SARY MOPES FOR CUTS MO FILLS L.PON PROPERTY HEREIN DESCRBE7 AS GRM1E13 TO NNW GOWN' IN DEED RECORDED FEBRUARY 29, 197$ VAPOR e9ECC:IE310 MASER 7202290075. (N•T LCCATA4LE) R. GRANT CR LCENSE TO 1717 OF 4ECEPAL WAY, AMP 75 NNW'S AND 02041,101eS THEREOF, IIECORCE17 APRIL it 2014 LNESR RECORDING 411MI3R 20I 69419501070. (NQ0 L.00ATA3LE) TRACT DEFINITIONS TRACT A TRACI A .9 A 10 FOOL 310E wYNCIC PE 1RKT µ1ACENT TO NWT A1EMII s.W TFE O•CNS OF Ali LOTS IN 145 EAGLE 494303 PLAT 91µl RAPE AN EOUK AID UIOIVp(D OSNERSH,. 410 SWEET N SAID TRACT A MO 9444.4. E REV9N95LE F7T NE 11414CEKNrC5 Es ME TRACT AND R U1159CA►N16 RN THE TRACT. TRACT • TRACTS 15 A PANIC STCRNI DRAINAGE 'a1ACT 3M) 94N.L 91, 0E04CA1t9 AMA CO31ETED TO PRE 0TY OF FEDERAL RAY UPON ThE RECOILING CF 7145 PUT. TN( CITY OF FE65101 WAY. ITS SUCCESSORS MO 5.34016 9•µL 9E RESACNSRMi FON IRE MA9IETIALNOE 44U "PFRATA* P THE S1P149 DRARNACE FAMINES HE:AN MAGI' 9. CITY OF FEDERAL WAY FILE NO. 16- 104269 -00 -8U BMOC UTUTY EASBENT PROVISION M CASEMENT 4 HEREBY RE`SERIEI3 FOR MO (A441E0 TO 1194 OW OF FERELC WAY, PU6(T SOUND (PERCY COMPANY, THE R CICRIA5 MEMO{ =MANY, ME KOPIAL 09E 40EM5104 WNP41Y, AND 11ER REWCEINE !4CC(SSOFt 9445 499545. UNDER AND UFOS THE CLIMES 40 FEET a NI LOPS AND TRACTS, AS SHORT HEREON. PMA[lfl. 1M AND 40.A1S40 THE MERE STREET IPONTAOE, 3 3ICT4 10 M TALL LAY, CONSTRUCT. REIER, OPE3AIE APO WANTAIN LNCRTIF/4W4O (P/DUPS. MANS. C39LE5. AAO *RF9 REM NECESSARY FAOUAES AND 07149. MOMENT FOR 114E 3AIPOS'E OF SOR5040 THIS 9.111061004 RIM ELECTO0. TE1.E545154, 120993 45 AND CANS 55W'. E 'O07I4R IRTN 1}E RC HT TO ENTER UPON M LOTS A7 ALL TEES FOR /NE P4RP05E N0(5 STATED. 1EE9C EASEMENTS 040D UPON FOR TTESE PLMosES SHALL I[ RESR`OED A$ MAR A5 POSSEEE 10 1133 1700101 00401100 ti7 75,E 1j7U1'l. NO I NES OR NOES 503 TE 13444•39044 OF ELECTR4C CUI4UNT, 154.55.454E OR CARE 1E1ET4504 SHALL 1E ALAMO DR RE PEINPTIED TO 7E PLACID UPC1• ANY IDT UNLESS 17E SANE SHALL 11, UM15R640.50 0 N Op1OU1T ATTAC {D 10 A *ALONG. A NON- EXCLU4VE EASEMENT IS MEREST RESERVE) FOR ANA CERAM TO 5.3504430 UTILITY 551RCT, AND 171 51101S, 55099SCRS AND AMOK, 490ER MO L4MON 11-94 E9TdIg4 F71E (5) FIST 0 ALL LOTS TRACTS AAO SPACES 11751111 15 8441 L1N3 PARALLEL AN ANA 4OICIM0 AIL STREET(5X N W101 TO COISFMUCT, OPERATE, MANTAS. REPAR REPLACE Alp (RUNE WATER SEiTSM LIES. WATER METERS AND ENE HYDR4N S TOGET EA •194 ALL NEC£39 357 APRARTEMANKS NERVE, FOR THE 'tRIPO3 1)i SER'MC INS 943004904 RCN WATER 3RMCF- N](E 1C4 /194 1194 945447 TO EATER UPPI THE STREETS, LOTS, TRACTS AND 5PACES A' 445 EYES FOR 'EE 954900(9 1ER[IN TAME] PRIVATE IAEdEEET PROVISIONS 114( 5' PINNATE ORA•A5 EASEMENT 540430 0144 4111) ACROSS LOTS 2, 3. Mp 4 6 E574SUSNED FOR THE IDIEsTT 55 11, CORERS OF LOTS 4. 2, 3 AKA 4- FOR 114E 1539OEA OF LAT140 Alp MANTA? 40 PRIVATE STERN UNE5 AND 4PP1.R1EXA14E3. ENE COST OF NAITENMCL REPAIRS OR RECON5T4N:901 Of THAT PORTO* 0 THE STORM ORAMAGE SYSTEM INED IN CANNON 9NLL SE 901E M COIAL 940E5 IR PE °VCRS IN LOTS 1, 2. 3 me 4, EZLEpT THAT THE 005n OF ART UTTER PARCEL SHALL NOT RE REEP7U5RE FOR ME PMT CF THE STORM MANAGE 9751(41 AHOY( MLR COMNECT104: M10 MEN 6(5535AY TO REPNR, CLEAN OR RECQY.STRUC. THE STOUR DRAy4A0E 315754, 71.1, PROPERTY O3NET(5) 10 31904 THE EASEMENT SENEPTS SHALL NAME A RHWT 0 INERT FOR 1St 5.49415. 114E 5' PMVATE GRUN40E EASEMENT SNC9AN OSIER NO ACROSS LOTS 10 w0 11 S 53149.59940 FOR THE 4541047 Cr 71E OISER5 R LETS T4 15 AN0 12, FOR 115 PURPOSE OF LA/NC NO MANY *INNl7 PRIVATE STEP( UNES AND APPLRIENANCIS RE COST CP MA741734NCE REPAIRS OR 9EC0NS1RICTCM OF 061 P051101 CF THE 57061 AP-ANAEE 5YS1E3 57ED M corm* 9491. OE WANE IN EMMA }VINES 9Y THE TAMERS CF LOTS 10, II AIO 12 04EpT THAT THE EWER3 (9 MY LORIR P49E1. 94µC NOT 3E R£SPO THE E FOR 194 PAR' OF ME 57061 DRANATE 5,57E11 MOW THEIR CONNECTION, MAD TNN REIE'$SMY TO REPAIR, CLEAN OR 9E0ONSIRUCT THE STORM D 3AN1ArE SY51EW THE PROPERTY 54459(5) TO 010M 1)4 EA'EME311 SEN73115 SHALL NAVE A RIW7 5F MIRY FOE GHAT MAPCOE. THE 5' PRRS41: ITRMNAOE EASEMENT SNOIMA 0114 NO ACROSS L015 6 APC 7 IS ESTASU3PED TOR ME BETTEN1 CF M CTpEAS OF LOTS 4, 7 MID 4, TOM DE 91.43 T EF 191940 MI0 MNNTANNO SWAM STORM LAWS Ate APM14?1NNICES ME COST OF UANT51444CE, REPAIRS OR REONISTIMACT101 OF TNT PORTION P THE 510441 ORAINMIE 9■51534 U911 N CONDOM SHALL 35 11504E IN 5044L 91AFE5 IT THE MITERS OF 4.015 4 7 990 9. (5(V7 1HAT 114( ONTOFS OF M" LONGA PARCEL SHALL NO7 BE 11E5P01619LE FOR 114( 94RT OF M STORM MANAGE 5T515Y *4545 MEP (599EC1T044. AND OEN NECESSARY TO ROAR. CLAN OR RECb45TA1CT THE 41030 MANAGE SYSTEM- 1194 PROPERTY 044454(5) 1C 004 944E EA3EMD4T 90.EfT5 914. 4411E A MGYT CF ENTRY FOR THAT P.AVO1. SANITARY SEYIER EA.9UWIU THE 13' RATIO SANITARY SERER EA5040i1 OUR. 1EIDER. 04ROU04 AND IRON LOT 6 AND TRACT S. 1$ noway 0EOG75D AND 006E520 13591 THE 3=ORMF OF THIS PLAT TO THE 4.005.4.53 U TILITY 0411957. AMR PEPS, SUCCESSORS A4.4, A19045. N 9404 10 349Tµ1, LAY, O04$057CT 114RANN. N45PEC1. 9ERAFF. RE1AR, REMOVE, RENEW USE AND OP5A15 SAMTAR' SERUR SY31E9S MD MPU14 044 NE£S FCR 7145 59574954 ARO 0PER PNOPORT'( 15959D. 9TH Tf RIGHT 70 4541E,R 001 194E EA5E]EN1 A7 ALL 1755 WT1H ALL NECESSARY WARM: NANCE ARID OMSTRUCTCN ECUMENT FOR 114E PJRPOffs 5741ED. THE CAROM CMITION15 11-91 .W 5199.4011,355 94ALL O: COMRT1.41eD OVER. UPON OR ■11146 THESE EASEMENTS, WOJCIK FENCES OS ROORC1455 AND 440 TREES, 1349(9 EN OTHER SHRUBEERY SHALL E PLANTED N 114E AREA OF amuND tog WICH TIE EASEMENT IM FAVTR OF LAKE5ALEN 5)111/75 0957!47 HAS 54711 AH1PR01E1 LAIQNAVEN UTILITY DISTRICT EAEEIENT PROVlS4OM AN EASTAIENT IS 6(954' L0R(W *94.1 6E501417 FOR Alp Gt44150 TO L.M221AMON 4173971 05194(1 Ate 175 AAGE74T3. SUCCESSORS ARO ASSTPS. FCEI SO LONG AS 111 SHALL 0141E AND -64475.0 715 UTUTES 95TCRLTR9D TERM OILER 640 HPO4 THE AREA SHAM ON TIME PLAT 940 DESCRIBED HEREIN AS 'W411591tE CASEMENT' (FOE) OR 'SANTARY SERER LA6EM04Y (SSE) 40 INSTALA. MNNTML Rp4LALE PEPAM AIO OPERATE WATER Ale SEWER MANS *30 ARTURITALANGES ME THIS 51.004 40TH AND ONO! PRCRER7Y TOE1:ER RITZ AC WRIT PO ENTER LEON SAC CASEMENT AT ALL TIES *CAI THE PERPOSES N00ENT PEFETU TO MALMO, Rp1LL, ROCKER, FENCE. )REFS OR STdACP1.3E OF AM 9050 SHALL E ERECTED ON RANTED. NCR 94 LL NY FEL 145.1535.4. 9E 91.4500 N1TWR 1515 110.140042f$ OF SAID EASEMENT AKA NO E31CAVAT04 SHALL SE MACE 44194 IHR E (3) FEET CF SAO WATER OR 54997ARY SESEA MAWS APO DE SURFACE 1EIEL OF THE 033400 M1HHN THE EA4.ME 41 AREA 91µL OE MANTAPEO AT THE REVA14044 AS ORENILT 0354440. GRANTOR 41EREK AOR4FS •A0 TO 15.153 AND/ER *MLR FAOUTT 04 APp1.R15U*NEX OF ANT KIND SHALL BE CO451104C700 OR LOCATED K ORANTOR. CAR MY 151150 PANTY ACTNO 5. AUIFIOMTY OF 0AN761_ *14M dR 1RODEMAIE 70 SRO EASED/Mt MUMS SUCH INSTALLATION 15 43'-0.511 SY CFMF7EE AN0 is N COF014NN4CE 11114 THE 1404-54.495141 EATON Of R4 'CA7EMA FOR 3E2AIE NORIL'S 0(901' R.IOW4CD r 745 WASHNDTON S1A1E 000114 00 0 EGCLOCY GRANTOR HEREBY RAPER ACHES THAT NO 171FER IATW77 FMJU7Y IM Amil3uics 3F ANY OR0, RTSLONT UTUTY SERMCC OGNE1TON9, SMALL BE R74$IRUCIED OR LOCATED Sr DRAKIDR. OR ANY MOO PARTY AGING UNDER .W'T14RITY OF DONATE 147.414 TWEE (2) MEET, REARMED I.041047/4AY FOR CROSSING C PEFPOIOdAM AUG16417014. OR 941 94 35 (6) 0F0[5 REARMED M0RTLCALL1 FOR C.4551NG OR E'ERPENDC1 LAR AHA0NENTS, OF MT PCR110N Cf THE GRAANWS F40USE9 GRANTOR A TRIENALLY GRANTS TO TIE LAKENAVD4 UTUTY D6TRK1 AND 175 AGENTS. SU'•CESSCR AND 959(35 THE 15.5E CF 9.01 A00111010l AREA NNED1A1EL7 ADJACENT 50 SAD EASEMENT AREA AS 9RALL E RECLINED FOR THE CONSTRLCTPN, RE07151RUC1153, MAAN1(11495,5 NO CREWMEN Ot SAO WATER AND SAMIARY SERER RAMU1ER. 1845 W5E CF SUE/ AD0740NAL AREA SHALL SE FIELD 70 A SMARM 5.443 JE WARM) TD 1594 (0411)07 C05414G 44454•1EL7 SOME RE ►3335377 DO ENTERED URA SY 11, LANEHA504 u1UTY 0311301, 17S ARENA 93CCESSLTRS AND ASSIGNS M *DOTES TO 711E CEDER REST0C1RRE KEEN. GRANTOR SMALL NOT CONVEY TO A Dire •MT* AMY EAS )5445 PR 0MR RAFT 0 INSE OF PROPERTY 9REL7 70 ENE EASEENT NAT WOAD IIWNR OR LMT Tor LSE OF THE EASEMENT RA9471 GRANTER HEWN. PREPARED BY Encompass, ENGINEERING S. Encompass Alders 16/44/14 DINN4m I IS PRE WORE, Scree, SNIT 201 •101105 WA 93027 • PIy1•F 4423) 3910230 • Esc (423) 3/1-30.71 42_ 41'•61P _ ONIM4 L • Lan ')j'S}5922 • PINRr_ (5G91594 -i133 • 7419 CHECKED Br; DATE. SHEET: SOU 10/20/16 j 2 OF 3 ORARPI 811. JOBI 16545 CENTER OF SEC. 24 -21 -03 FOUND MON W CASE (49700 03/20,6) EAGLE MANOR A PORTION OF THE N.W. 1/4, OF THE S.E. 1/4, SEC. 24, T 21 N, R 3 E, W.M. CITY OF FEDERAL WAY, WASHINGTON 0 10 20 40 SCALE 1" = 40' 1E0E1E) O PROPERTY 0069195 TO 9E 5ET, LS/ 42676 B MONUMENTS SET 20' STORM DRAINAGE EASEMENT REC. N0. 198007150545 _ -THIS PO49110N OF EASEMENT SHALL TIE EXDNGUI5NED 9)114.... ME RECORDING OF THIS PLAT OF NW A a SW A a SEC. 24 -21-03 PER PI 20' STORM DRAIN EASEMENT REC. N0. 198007150545 -11415 PORTION OF_._ EASEMENT SHALL BE EXTINGUISHED WAIN THE RECORDING OF THIS PLAT 61 26' e 10' STORM DRAIN N EASEMENT REC. - 90. 198007150545 I fy VIRGINIA HILIR iSJ DEEDED TO R15 GTY OF FEDERAL WAY - REC. N0. - 4! Line Table Line 36 Length Direction 11 13.86' 989' 40' 07'E L2 22.33' N28' 45' 05'W 1.3 10.18' S22.14' 39'W L4 34.87 S22' 14' 39'W 15 10.00' 588' 15' 00'E L6 10.00' 689' 40' 07'E .0C 28: 1 § 7,579 Sq Ft 36 2 21..•03 -...i PARCEL AREA TOTAL PARCEL - 135.494 50. FT. (3.11 ACRES) RIGHT-a -WAY - 34.933 50. FT. (0.80 ACRES) TRACT A - 1,876 SO. FT. (0.04 ACRES) 1RACT 6 - 8.877 S0. R. (0.20 ACRES) NET PARCEL AREA - 90.008 19. FT. (2.07 ACRES) REFERENCES PUT OF VIRGINIA HILLS `AL 115, PG. 35 (P1) PUT OF BROWS NI UNE 1RAC15 VOL 35, PO 32 S.W. 344TH STREET R 1113P15'1331 1327.89' (PI) 1327.07 (4600.) Y EASEMENT REC / 197802060602 58975'00'W ]82.76' 92ar 5500' 7.243 Sq Ft 8501.. � I I 3 I 7,383 Sq Ft $ 61 I 39.92' T I 5' PRIVATE 1 DRAINAGE I L EASEMENT i 403747071 1 .78' DEEDED TO THE 0TY of FEDERAL WAY UNDER REC NO 989'4007'E 283.34' S.W. 344TH COURT 981740'010 160.35 9200'- - 49193' FOUND PCP IN CASE (M910) 03 /2016) -53 891330' HELD PER PI I 4 7.304 Sq Ft L_J f} 12 7,277 Sq Ft *07105'7 01- IaNE TRACTS r L 11 7.298 59 Ft I 1 5 1819.11 I L 09AINAGE 7., EASEMENT .2033 59 Ft 1 I "--eseL 116. e4.ar- -J4L__ A 64.ar - -� L---- -67ar- - - C7 SEA 5 1 • 7,120 Sq Ft 1' 1. �• 0 -7r315 . 74 R53' 31.74' - a 91 S TRACT 8 MR61NI0 HILLS VOL 115, PCS 35 AND 36 EX. VIRGINIA HILLS STORMWATER POND l TRACT B STORMWATER TRACT 9,677 5q Ft 58915'00^4 11234' 10234' 589•5'00•W 10500' DEEDED TO THE art or FEDERAL WAY UNDER REC. N0. 15 $ 7 - -E 15'PU8111 7 / SANITARY SERER 1 $-4e'- � EASEMENT t 7.00' S3'W R Y ( 6 g 7.00' Af �V I 8,1]1 Sq Ft 11 d L. -_ _ 5' PPoVAIE I IXtAINAGE ---JJI a % --447 - EASEMENT I l •a 4r/ ,.L t t \ _ --1 � \"t 7,710 Sq Ft •i 1 11 \ \ - - - N8910'07'E 9 \\ TRACT A 10 J� LANDSCAPE \ m 1 7.20]54 Ft \ r 8 t 1.8]6 Sr, Ft \ \\ 8,244 Sq Ft g 1_ 124.79•- - - -- , 18 44 50.00' _. 50' 2 Al 36 a b y8 i 59 R Curve Table Curve # Length Radius Delta CI 24.29 25.00 55'39'36' C2 27.51 5100 29'4411' C3 33.33 53.00 36'01'50' C4 20.51 53.00 221013' 05 18.31 25.00 475742' C6 10.46 2100 235154' C7 7.85 25.00 1159'49' 1.8 39.19 25.00 89'49'07' C9 39.35 25.00 9010'53' 110 39.01 25.00 8944'00' CITY OF FEDERAL WAY FILE NO. 16- 104269 -00 -SU 469'407811 404.70 es: <6s- 23 23 z4 z• SW 34411107 N8915'0aE , 1817E 3 3i 5) 3 24 26 1125 25 19 30 LOT ADDRESSES LOT 1 - 2134 5W 3441H COURT LOT 2 - 2130 5W 3441H COURT LOT 3 - 2126 5W 3447H COURT LOT 4 - 2118 SW 34416 COURT LOT 5 - 2110 5W 344114 COURT LOT 6 - 2102 SW 344111 COURT LOT 7 - 2101 5W 344114 COURT LOT 8 - 2105 SW 3447H COURT LOT 9 - 2109 5W 34418 COURT LOT 10 - 2117 SW 344TH COURT LOT 11 - 2125 5W 34415 COURT LOT 12 - 2131 5W 344114 COURT TRACT B - 2108 5W 344111 COURT 21ST AVENUE S.W. PREPARED BY Encompass �, ENGINEERING S S Encompass W9Mrn Washin8109094446 165 NE Juniper Strad. 5981) 201 • Issaquah. WA 98027 • Pilaw 1425) 39I -0250 Fax 1423) 391-3055 Eas1em Washn6Um Medea 407 5W18Mater Dd. • Ck Elan, WA 98922 • Phone (5091674.7433e Fp; ( 091674-7919 DRAWN BY: 3E0 CHECKED BY: DATE: SHEET: 30836 16545 SOM 10/20/16 3 OF 3 VOL. PG. EXHIBIT B Vicinity Map EXHIBIT C Resolution No. 08 -533, Eagle Manor Preliminary Plat Approval RESOLUTION NO. 08 -533 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING EAGLE MANOR PRELIMINARY PLAT, FEDERAL WAY FILE NO. 06-106512-00 SU. WHEREAS, the owner, Eagle Creek Land and Development, LLC, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Eagle Manor, and consisting of 3.11 acres into twelve (12) single- family residential lots located at the southwest corner of 21st Ave SW& SW 344th St; and WHEREAS, on September 15, 2007, an Environmental Determination ofNonsignificance (DNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C; RCW, and WHEREAS, the Federal Way Hearing Examiner on June 13, 2008, held a public hearing concerning Eagle Manor preliminary plat; and WHEREAS, following the conclusion of said hearing, on July 14, 2008, the Federal Way Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of Eagle Manor preliminary plat subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20- 127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and /or its conditions; and WHEREAS, on August 4, 2008, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on Eagle Manor preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Eagle Manor preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and Doc. 1.D. Resolution No. 08 -533 Page 1 of 4 WHEREAS, on August 19, 2008, the City Council considered the record and the Hearing Examiner recommendation on Eagle Manor preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Hearing Examiner's July 14, 2008 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, Eagle Manor preliminary plat, Federal Way File No. 06- 106512 -00 SU, is hereby approved, subject to conditions as contained in the July 14, 2008, Report and Recommendation of the Federal Way Hearing Examiner (Exhibit A). Doc. I.D. ReSOIUtion No. 08-533 Page 2 of 4 Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability_ If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Doc. LD. Resolution No. 08 -533 Page 3 of 4 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS t" DAY OF 2'101t,` \1,5 N , 2008. ATTEST: APPROVED AS TO FORM: CITY OF FEDERAL WAY CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Resolution No. 08-533 Doc. I.O. Page 4 of 4 at . 533 EXHIBIT D Reduced Copy (8Y2 x 11) Approved Eagle Manor Preliminary Plat 31.1.0 N2� ne X0.11■0530 CC Qw (Del Q Z 2z WN J Q Z N 5° W CI) z Ooa ?A - w LL >- OW d7 LL Q Z 2 LLJ J u- W M° ii ° a 0 a on 1 ne 21«03X0 1 AO n«r.0 Yr. n9 O3M630 NVld 311S .Ni1N0� 1.3M5 NC Merl red 306 • s 1X1.1 .ZOOS x000 0 0 12 011711 0 2 YYW 3IIYIC AMU mM I Y O A I A Y I i BY II YID YY •out BJegwioH +g swig NONVVII 310V3 .D3'06d A 0300434/ _ 311 '1N3Wd013A34 S aNV1 N33113 310V3 212.0 X h i h : a :MI II :, 0, i., ,t.(, !ai .b t;# .1 zI1hea r i! b 1 H q �1 yy 41 3 1 gib I lid b_s / , N hi"1 1 1, �— _ — z— ��� 1 T-- IT r 1 I < 1 z 1 F— i`+ _ LL!iJ±LJ 1(1 1 i i= .— �:�.— . —. —. —. ". •mS.�AV_isu.— l0f.111005 _ 1 EXHIBIT E Administrative Decision No. 15- 103181- 00 -AD, Preliminary Plat Extension July 27, 2015 Eagle Creek Land & Development LLC 15215 SE 272nd Street, Suite 201 Kent, WA 98042 RE: Permit #15- 103181- 00 -AD; EAGLE MANOR *NO SITE ADDRESS* Dear Mr. Goodwin: The Community Development Department has received your request to extend the preliminary short subdivision approval granted to Eagle Manor for two additional years. The referenced application is a twelve -lot subdivision of parcel 8947200120 that was granted approval by the city on May 21, 2008. The city's subdivision regulations allow the Director to administer extensions if criteria within Federal Way Revised Code (FWRC) 18.05.090(2) can be satisfied. Your request for a two -year extension to complete infrastructure improvements per the preliminary plat approval is approved per the following conditions: 1. The applicant's engineer shall redesign the water quality facility to meet the design criteria of the Enhanced Basic Water Quality menu of the 2009 KCSWDM, and shall also address BMP's for subdivisions as required under the 2009 KCSWDM. 2. The applicant will be subject to the City Transportation Impact Fee as a replacement for the City's prior method of pro -rata share contribution prior to plat recording (or as deferred per FWRC 19.100.070 (3)(b)). This decision of the Director of Community Development is based on the following findings prepared by city staff. Time Extension Criteria Pursuant to Federal Way Revised Code (FWRC) 19.15.110, "Lapse of Approval — Time Extension," the Director may grant a two -year extension to the land use decision, subject to the following criteria. In the interest of clarity, staff reviewing your request has responded to each criterion using information provided by the applicant and relevant city policies justifying the extension approval. (a) Except for the first request for time extension, the applicant has made substantial progress to complete the plat; Staff Response — This is the applicant's first request. Progress on improvements is not required to approve the extension; therefore, staff finds criterion (a) has been met. Mr. Goodwin July 27, 2015 Page 2 (b) There are circumstances beyond the applicant's control which prevent compliance with the time limits; Staff Response — The recent economic downturn, combined with a difficult financing environment, has prevented the development of the proposed lots. Such circumstances are beyond the applicant's control; therefore, staff finds criterion (b) has been met. (c) The extension will not create or continue conditions that constitute a code violation or an attractive nuisance, contribute to erosion and sedimentation problems, or impact the public health, safety, and welfare; Staff Response — Site conditions have remained unchanged and unimproved since the development was granted approval; therefore, code violations, attractive nuisances, erosion/sedimentation problems, and impacts to public health, safety, and welfare should not arise due to the extension approval. Staff finds criterion (c) has been met. (d) Whether either physical conditions in the vicinity of the plat or codes and requirements of the city, applicable agencies, and utility providers have changed to such a degree since initial approval that it would be contrary to the public interest to extend the life of the plat. Staff Response — Staff finds criterion (d) has been met per responses noted below. (i) Whether the adoption of new codes and/or standards would substantially affect project layout and storm drainage design; Staff Response (1) — The following are the stormwater requirements, as a condition of approval of the plat extension: The stormwater systems currently designed for the plat meet the criteria of the 1998 King County Surface Water Design Manual ( KCSWDM). Approval of this plat extension requires that the stormwater systems be designed to meet the criteria of the 2009 KCSWDM, including, but not limited to, the flow control (detention) facility, water quality facility, and Best Management Practices (BMP's) for subdivisions. Due to an existing downstream conveyance capacity constraint, the detention facility shall be designed to meet the criteria of a Level 3 flow control facility. This conveyance constraint was identified previously, and the proposed detention facility, as currently designed by Encompass Engineering, meets this level for flow control from the 1998 KCSWDM. Because the current flow control design also utilized a pre - developed condition of a fully forested site, the flow control facility, as currently designed, meets the design requirements of the 2009 KCSWDM, and does not need to be re- designed. The applicant's engineer shall redesign the water quality facility to meet the design criteria of the Enhanced Basic Water Quality menu of the 2009 KCSWDM, and shall also address BMP's for subdivisions as required under the 2009 KCSWDM. (ii) The adequacy of mitigation and /or impact fees to address the cost of mitigation at the end of the expiration period; 15- 103181 Doc. I.D. 69952 Mr. Goodwin July 27, 2015 Page 3 Staff Response — The applicant shall pay a Transportation Impact Fee (TIF) in lieu of the pro -rata mitigation of $35,322 as identified in the 2006 concurrency decision. The traffic impact fee will be determined by the fee schedule in effect at the time of the plat recording and must be paid at such time, unless deferred per FWRC 19.100.070 (3)(b). For estimation purposes, the TIF fee (2014) rate is approximately $3,205 per SF lot including administrative fee; or $38,463 for 12 lots. (iii) Whether the delayed project is an impediment to other development projects in the vicinity as a result of traffic concurrency reserved capacity. Staff Response — The Public Works Department has determined the delay of an additional two years will not affect capacity for other development projects in the vicinity. Closing This two -year extension approval expires July 6, 2017, or two years following the expiration of the previously approved preliminary short subdivision extension. Please be advised that unless a future extension is granted, Eagle Manor shall be completed per conditions of preliminary approval, or the short subdivision shall expire by limitations set forth in FWRC 18.30.260. If you have any questions regarding this extension, please contact Planning Intern Cory Darrow at 253- 835 -2622, or cory.darrow@cityoffederalway.com. Sincerely, Isaac Conlen Planning Manager c: Cory Darrow, Planning Intern 15- 103181 Doc. I.D. 69952 EXHIBIT F Proposed Resolution Approving the Eagle Manor Final Plat RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, approving the Eagle Manor Final Plat, Federal Way, Washington, File No. 16- 104269-00-SU. WHEREAS, on June 26, 2008, the Federal Way Hearing Examiner conducted a public hearing on the Eagle Manor Preliminary Plat application resulting in the recommendation of the Federal Way Hearing Examiner, dated July 11, 2008; and WHEREAS, the Eagle Manor Preliminary Plat, City of Federal Way File No. 06- 106512- 00-SU, was approved subject to conditions on September 2, 2008, by Federal Way City Council Resolution No. 08 -533, which adopted the Hearing Examiner's findings and conclusions; and WHEREAS, on July 27, 2015 Federal Way Administrative Decision No. 15- 103181 -00- AD extended the preliminary plat for two additional years to July 6, 2017; and WHEREAS, the applicant submitted the final plat application for Eagle Manor within the required seven -year completion time pursuant to RCW 58.17.140(3); and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution No. 08 -533 and Administrative Decision No. 15- 103181- 00 -AD; and WHEREAS, the City of Federal Way's Community Development and Public Works Departments have reviewed the proposed final plat for its conformance with the conditions of preliminary plat approval and final plat decisional criteria, and their analysis and conclusions are set forth in the Community Development Department Staff Report dated January 9, 2017, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the City Council Land Use and Transportation Committee reviewed and considered the application and staff report for the Eagle Manor Final Plat during its meeting on Resolution No. 17- Page 1 of 4 January 9, 2017; and WHEREAS, the City Council reviewed and considered the application and staff report for the Eagle Manor Final Plat during the City Council's Meeting on January 17, 2017. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Eagle Manor Final Plat, City of Federal Way File No. 16- 104269- 00 -SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2. Based on, inter alia, the analysis and conclusions in the staff report, dated January 7, 2017, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and school grounds as are required by City Code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in Federal Way City Council Resolution No. 08 -533, dated September 2, 2008, and Federal Way Administrative Decision No. 15- 103181 -00- AD, dated July 27, 2015, have been satisfied, and /or satisfaction of the conditions Resolution No. 17- Page 2 of 4 have been sufficiently guaranteed by the applicant as allowed by the application's vested provision of Federal Way City Code 20 -135. 5. All required improvements for final plat approval have been made, and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all required plat improvements as identified in the Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid, prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the Eagle Manor Final Plat, City of Federal Way File No. 16- 104269- 00 -SU, is approved. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto, as required pursuant to all applicable codes, shall be recorded with the King County Recorder's Office. The applicant shall pay all recording fees. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener /clerical errors, references, resolution numbering, section/subsection numbers, and any references thereto. Resolution No. 17- Page 3 of 4 Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2017. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: ACTING CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 17- Page 4 of 4 COUNCIL MEETING DATE: January 17, 2017 ITEM #: 5 • CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: Acceptance of Grant Funding for Transportation Improvement Projects — Authorization to Accept Grant Funding POLICY QUESTION: Should City Council authorize staff to accept Federal Grant Funding for Transportation Improvement Projects? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 9, 2017 CATEGORY: ® Consent n City Council Busines n Ordinance ® Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: 7Jesiree Winkler, P.E. Deputy Public works Director/ Street DEPT: Public Works Systems Manger Attachments: Land Use and Transportation Committee memorandum dated January 9, 2017 Resolution to accept Federal Grant Funding Options Considered: 1. Approve the attached resolution to accept Federal Grant Funding for the following two projects: • Federal Way Adaptive Signal Control System Phase II Project • Military Road and S298th Street Compact Roundabout Project 2. Do not approve the attached resolution to accept Federal Grant Funding and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the anuary 17, 2017 Council Consent Agenda for approval. MAYOR APPROVAL: Co Initi. I /Date Initial /Date DIRECTOR APPROVAL e COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 17, 2017 Council Consent Agenda for Commit 3 -tuber PROPOSED COUNCIL MOTION: "I mo _ to approve t attached resolution to accept Federal Grant Funding for the following projects: Federal Way Adaptive Signal Control System Phase II Project and the Military Road and S298th Street Compact Roundabout Project." (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 — 02/06/2006 RESOLUTION # k: \council \agdbills\2017 \01 -17 -17 acceptance of grant funding for transportation improvement projects.doc CITY OF FEDERAL WAY MEMORANDUM DATE: January 9, 2017 TO: City Council VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director )1'.0 ojitsiree Winkler, P.E., Deputy Public Works Director /Street Systems Manager SUBJECT: Grant Funding for Transportation Improvement Projects — Authorization to Accept Grant Funding BACKGROUND: This memorandum provides the Council with the current status of the grant applications submitted in 2016 under the Washington State Department of Transportation (WSDOT) Highway Safety Improvement Program, Safe Route to School Program, and Pedestrian and Bicycle Safety Program Funding. Project (Funding Phase) Estimated Project Grant Fund Required City Grant Cost Amount Match Adaptive Traffic Signal Control System — Phase 2 — SR 99 South, SR 161, S 348th St (Design and Construction Highway Safety Improvement Program (Federal Funds) $1,000,000 $900,000 $100,000* High Collision Safety Remediation — Military Road and S298th Street Compact Roundabout Project (Design, Right of Way and Construction) Highway Safety Improvement Program (Federal Funds) $806,436 $723,093 $83,343* Steel Lake Park Pedestrian and Bicycle Safety — S 312th St: Steel Lake Park — 28th Ave S (Design and Construction Pedestrian and Bicycle Safety Program (State Funds) $1,000,000 $0.0 $0.0 Lakota Middle School Safe Route to School (SRTS) — SR 509: 21st Ave SW — SW 312th' St (Design and Construction) Safe Routes to Schools Program (Federal Funds) $1,500,000 $0.00 $0.00 Olympic View Elementary School Safe Route to School (SRTS) — 26th Ave SW: SW 327th St — SW 330th St (Design and Construction) PSRC Countywide (Federal Funds) $600,000 $0.00 $0.00 * The required City match for this grant will be provided by transferring the required amount from other completed projects and/or Unappropriated Transportation Fund to this project. K: \LUTC\2017 \01 -09 -2017 Acceptance of Grant Funding for Transportation Projects.doc RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, authorizing execution of a Local Agency Agreement with Washington State Department of Transportation regarding improvement to the Adaptive Signal Control System Phase II and the Military Road and S. 298th Street Compact Roundabout Project in the City of Federal Way, Washington. WHEREAS, the City of Federal Way applied for Washington State Department of Transportation funding for the purpose of design and construction phases of the Federal Way Adaptive Signal Control System Phase II and the design, right -of -way, and construction phases of the Military Road and S. 298th Street Compact Roundabout Project within the City; and WHEREAS, the Washington State Department of Transportation agreed to grant the City of Federal Way federal funds in the total amount of Nine Hundred Thousand and no /100 Dollars ($900,000.00) for the Adaptive Signal Control System Phase II Project and Seven Hundred and Twenty Three Thousand Ninety Three and no /100 Dollars ($723,093.00) for the Military Road and S. 298th Street Compact Roundabout Project provided that the City Council authorizes the Mayor to enter into the Local Agency Agreements; and WHEREAS, by accepting said grant the City of Federal Way agrees to execute the Local Agency Agreements; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Receipt of Federal Funds. The Mayor or his designee is hereby authorized to accept and receive the state and federal funds estimated to be Nine Hundred Thousand and no/100 Resolution No. 17- Page 1 of 3 Dollars ($900,000.00) for the Adaptive Signal Control System Phase II Project and Seven Hundred and Twenty -Three Thousand Ninety -Three and no/100 Dollars ($723,093.00) for the Military Road and S. 298th Street Compact Roundabout Project. Section 2. Execution of Acceptance of the Local Agency Agreements. The Mayor or his designee is hereby authorized to execute the Local Agency Agreements regarding improvements to the Adaptive Signal Control System Project Phase II and the Military Road and S. 298th Street Compact Roundabout Project in the city of Federal Way. Section 3. Matching Funds. Pursuant to the terms of the Local Agency Agreement, the City is required to commit matching funds of approximately One Hundred Thousand and no /100 Dollars ($100,000.00) for the Adaptive Signal Control System Phase II Project and Eighty -Three Thousand Three Hundred Forty-Three and no /100 Dollars ($83,343.00) for the Military Road and S. 298th Street Compact Roundabout Project. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener /clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Resolution No. 17- Page 2 of 3 Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of January, 2017. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: ACTING CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 17- Page 3 of 3 COUNCIL MEETING DATE: January 17, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5k SUBJECT: RESOLUTION: SETTING A PUBLIC HEARING DATE FOR AMENDMENT OF THE 2017 -22 TRANSPORTATION IMPROVEMENT PLAN POLICY QUESTION: Should Council set a public hearing date for the proposed amendment to the 2017 -22 Transportation Improvement Plan on February 21, 2017? COMMITTEE: Land Use / Transportation MEETING DATE: January 9, 2017 CATEGORY: ® Consent n City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated January 9, 2017. Options Considered: 1. Authorize staff to proceed setting the Public Hearing date for the proposed amendment to the 2017 -22 Transportation Improvement Plan on February 21, 2017. 2. Set Public Hearing on an alternative date recommended by the committee. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Janua 7, 2017 City Council Consent Agenda for approval. MAYOR APPROVAL: omMttee Initial /Date Co it Initial /Date 7 DIRECTOR APPROVAL: itiai/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 17, 2017 consent agenda for approval. • /A, y • ��A,! fi 4 Committee/ em er Commi ee Memb °r PROPOSED COUNCIL MOTION: "I move approval of the resolution setting the date of a Public Hearing for the proposed amendment to the 2017 -22 Transportation Improvement Plan on February 21, 2017." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 7, 2017 TO: Land Use / Transportation Committee VIA: Jim Ferrell, Mayor FROM• Marwan Salloum, P.E., Director of Public Works Rick Perez, P.E., City Traffic Engineer I V' SUBJECT• Resolution: Setting Public Hearing Date for Amendment to the 2017 -22 Transportation Improvement Plan BACKGROUND: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington (RCW), the City of Federal Way adopted its original Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis to reflect the City's current and future street and arterial needs. Any new projects funded would require amendment to the TIP. The City has been awarded grants that require listing on an amended TIP prior to the annual update. The City is required to hold a minimum of one public hearing on the revised plans. Staff proposes that this occur at the February 21, 2017, City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. The attached Resolution sets the public hearing date for the February 21, 2017 City Council meeting. The amended TIP will also be presented to the Land Use and Transportation Committee on February 6, 2017. cc: Project File Day File RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, setting a Public Hearing date of Tuesday, February 21, 2017 for adoption of a revised Six -Year Transportation Improvement Program and Arterial Street Improvement Plan. WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the City Council of the City of Federal Way must adopt a revised and extended Six -Year Transportation Improvement Program ( "TIP ") and Arterial Street Improvement Plan ( "ASIP ") annually; and WHEREAS, pursuant to RCW 35.77.010 and supporting laws and regulations, a public hearing must be held prior to the adoption of the revised and extended Six -Year Transportation Improvement Program and Arterial Street Improvement Plan; and WHEREAS, award of grant funds that were not anticipated at the time of adoption of the 2017 -22 Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan have been awarded to the City; and WHEREAS, an amended 2017 -22 Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan is proposed in order to expedite the newly- funded projects; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Public Hearing. A public hearing shall be held on the amended 2017 -22 Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan at the regular meeting of the City Council at 7:00 p.m. on Tuesday, February 21, 2017, at the Federal Way City Hall Council Chambers. Resolution No. 17- Page 1 of 3 Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener /clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: Resolution No. 17- Page 2 of 3 ACTING CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 17- Page 3 of 3 COUNCIL MEETING DATE: January 17, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 51 SUBJECT: INTERAGENCY AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF ENTERPRISE SERVICES AND AUTHORIZATION TO APPLY FOR A GRANT RELATED TO THE LED STREET LIGHT CONVERSION PROJECT POLICY QUESTION: Should City Council approve the Interagency Agreement with Washington State Department of Enterprise Services and authorize staff to apply for a grant for the LED Street Light Conversion Project COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 9, 2017 CATEGORY: ® Consent ❑ City Council Business n Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY`. T)estree • Winkler, P.E. Deputy Public works Director/ Street DEPT: Public Works Systems Manger Attachments: Land Use and Transportation Committee memorandum dated January 9, 2017 Interagency Agreement with WA State Department of Enterprise Services Options Considered: 1. Approve the attached Interagency Agreement with WA State Department of Enterprise Services to contract with Ameresco to complete an Investment Grade Audit (IGA) for the LED Street Light conversion Project; and authorize staff to apply for a Department of Commerce Grant for the LED Street Light Conversion Project. 2. Do not approve the attached Interagency Agreement with WA State Department of Enterprise Services nor authorize staff to apply for a Department of Commerce Grant for the LED Street Light Conversion Project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the .nuary 17, 2017 Council Consent Agenda for approval. MAYOR APPROVAL: / Co ee Initial/Date o cil Initial /Date DIRECTOR APPROVAL: fG COMMITTEE RECOMMENDATION: 1 move to forward Option 1 to the January 17, 2017 Council Consent Agenda for ap.ro '1. Committee Chair Commi e ember Comn'Iii ee Member PROPOSED COUNCIL MOTION: "1 move to app eve the attached Interagency Agreement with WA State Department of Enterprise Services and authorize staff to apply for a Department of Commerce Grant for the LED Street Light Conversion Project." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 02/06/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # k: \council\agdbills\2017 \jan 17, 2017 \01 -17 -17 interagency agreement with wa state dept of enterprise services for led street light conversion project.doc CITY OF FEDERAL WAY MEMORANDUM DATE: January 9, 2017 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM• an Salloum, P.E., Public Works Directo esiree S. Winkler, P.E., Deputy Public Works Director / Street Systems Manager Interagency Agreement with WA State Department of Enterprise Services; and, SUBJECT: Authorization to Apply for Department of Commerce Grant LED Street Light Conversion Project. BACKGROUND: Project Scope and Costs The City would like to pursue conversion of its existing street lights to Light Emitting Diodes (LED). The conversion would provide several benefits including: cost savings in the form of less energy usage and maintenance, higher quality lighting, and upgraded control options such as dimming. Several surrounding jurisdictions have successfully completed their street light conversion projects using the process described below. The preliminary estimate of replacement costs are as follows: Energy Savings Performance Contracting The Washington State Department of Enterprise Services (DES) implemented a program to support public agencies in completing energy savings projects through Energy Savings Performance Contracting (RCW 39.35A.050, RCW 39.35C.020). Energy Savings Performance Contracting (ESPC) is defined as follows: • A method of identifying, constructing and financing energy and utility conservation projects. • Uses energy utility dollars saved and utility rebates to pay for the project costs. (e.g. Annual energy and maintenance savings used to retire debt). • Eliminates many risks associated with the design, bid, build (DBB) process by the consultant guaranteeing the maximum construction cost and the energy savings achieved. Estimated TOTAL Qty Estimated Replacement Cost PSE Owned & Maintained (Schedule 53) 630 $250,000 PSE Owned & Maintained (Schedule 53) - Taken Over from Lakehaven Utility District 1700 $550,000 City Owned & Maintained 1820 $2,080,000 Decorative Light - City Owned & Maintained 400 $480,000 $3,360,000 Energy Savings Performance Contracting The Washington State Department of Enterprise Services (DES) implemented a program to support public agencies in completing energy savings projects through Energy Savings Performance Contracting (RCW 39.35A.050, RCW 39.35C.020). Energy Savings Performance Contracting (ESPC) is defined as follows: • A method of identifying, constructing and financing energy and utility conservation projects. • Uses energy utility dollars saved and utility rebates to pay for the project costs. (e.g. Annual energy and maintenance savings used to retire debt). • Eliminates many risks associated with the design, bid, build (DBB) process by the consultant guaranteeing the maximum construction cost and the energy savings achieved. January 3, 2017 Land Use and Transportation Committee Interagency Agreement with DES and Authorization to Apply for Grant LED Street Lighting Project Page 2 DES has developed and maintains a roster of qualified consultants called Energy Service Companies (ESCOs) who can be utilized to implement an energy savings project. Based on review of qualifications, interviews, and positive feedback from several Washington State jurisdictions, staff proposes to utilize Ameresco as its ESCO. In order to hire Ameresco, the City needs to execute an Interagency Agreement with DES. In return, DES provides project management throughout project development and construction. The first step of the ESPC is to have the ESCO complete an Investment Grade Audit (IGA). The IGA will establish the project scope, maximum construction cost, finance cost, minimum energy and maintenance savings, utility rebates, and maximum pay back schedule of ten (10) years. With the IGA, the city will be able to apply for energy saving grants and State Treasurer finance (bonding) programs. Costs for the IGA can be rolled into the larger capital project costs if a project is pursued. If the larger capital project is not pursued, the cost for the IGA is $5,720.00 that will be paid from the Public Works — Traffic Services — Professional Services budget. Grant Opportunity The LED Street Light Conversion project is eligible to apply for a maximum of $350,000.00 Department of Commerce energy efficiency grant. These grants are due on March 9, 2017 and must have an IGA in order to apply. Next Steps Results of the grant application are estimated to be out in July 2017. Upon notification, staff will return to seek authorization to accept the grant and provide options for pursuing the remaining capital project funding. Interagency Agreement Date: November 28, 2016 Department of Enterprise Services Interagency Agreement No: K4360 Interagency Agreement Between the State of Washington Department of Enterprise Services And the City of Federal Way This Agreement, pursuant to Chapter 39.34 RCW, is made and entered into by and between the Department of Enterprise Services, Engineering & Architectural Services, hereinafter referred to as "DES ", and the City of Federal Way, hereinafter referred to as the "CLIENT AGENCY ". The purpose of this Agreement is to establish a vehicle for DES to provide future Energy /Utility Conservation Project Management and Monitoring Services to the CLIENT AGENCY and to authorize the development of the energy services proposal. Now therefore, in consideration of the terms and conditions contained herein, or attached and incorporated by reference and made a part hereof, the above -named parties mutually agree as follows: 1. Statement of Work DES shall furnish the necessary personnel and services and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment "A" and Attachment "C ", attached hereto and incorporated herein by reference. Unless otherwise specified, DES shall be responsible for performing all fiscal and program responsibilities as set forth in Attachment "A" and Attachment "C ". Energy/Utility Conservation projects shall be authorized by Amendment to this Agreement. 2. Terms and Conditions All rights and obligations of the parties to this Agreement shall be subject to and governed by the terms and conditions contained in the text of this Agreement. The CLIENT AGENCY shall provide the Energy Services Company (ESCO) with any additional contract language necessary to comply with the requirements established under federal grants, the American Recovery & Reinvestment Act of 2009 (ARRA) and the Energy Efficiency and Conservation Block Grant (EECBG). The ESCO and their subcontractors are required to comply with all applicable federal regulations and reporting procedures. 3. Period of Performance Subject to its other provisions, the period of performance of this master Agreement shall commence when this Agreement is properly signed, and be completed on December 31, 2022 unless altered or amended as provided herein. Interagency Agreement No. K4360 Page 1 of 5 4. Consideration Compensation under this Agreement shall be by Amendment to this Agreement for each authorized project. Each Amendment will include a payment schedule for the specific project. For Project Management Services provided by DES under Attachment "A" of this Agreement, the CLIENT AGENCY will pay DES a Project Management Fee for services based on the total project value per Project Management Fees Schedule set forth in Attachment `B ". If the CLIENT AGENCY decides not to proceed with an Energy /Utility Conservation project that meets CLIENT AGENCY's cost effective criteria, then the CLIENT AGENCY will be charged a Termination Fee per Attachment `B ". The Termination Fee will be based on the estimated Total Project Value outlined in the Energy Audit and Energy Services Proposal prepared by the ESCO. If monitoring and verification services are requested by the CLIENT AGENCY and provided by DES under Attachment "C" of this Agreement, the CLIENT AGENCY will pay DES $2,000.00 annually for each year of monitoring and verification services requested. Compensation for services provided by the ESCO shall be paid directly to the ESCO by the CLIENT AGENCY, after DES has reviewed, approved and sent the invoices to the CLIENT AGENCY for payment. 5. Billing Procedure DES shall submit a single invoice to the CLIENT AGENCY upon substantial completion of each authorized project, unless a project specified a Special Billing Condition in the Amendment. Substantial completion of the project will include the delivery and acceptance of closeout documents and commencement of energy savings notification. Each invoice will clearly indicate that it is for the services rendered in performance under this Agreement and shall reflect this Agreement and Amendment number. DES will invoice for any remaining services within 60 days of the termination of this Agreement. 6. Payment Procedure The CLIENT AGENCY shall pay all invoices received from DES within 90 days of receipt of properly executed invoice vouchers. The CLIENT AGENCY shall notify DES in writing if the CLIENT AGENCY cannot pay an invoice within 90 days. 7. Non - Discrimination In the performance of this Agreement, DES shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 794), and Chapter 49.60 RCW, as now or hereafter amended. DES shall not discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam -Era and Disabled Veterans status, or the presence of any sensory, mental, or physical disability in: Interagency Agreement No. K4360 Page 2 of 5 a) Any terms or conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part and b) Denying an individual the opportunity to participate in any program provided by this Agreement through the provision of services, or otherwise afforded others. In the event of DES's non - compliance or refusal to comply with the above provisions, this Agreement may be rescinded, canceled, or terminated in whole or in part, and DES declared ineligible for further Agreement with the CLIENT AGENCY. DES shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth therein. 8. Records Maintenance The CLIENT AGENCY and DES shall each maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review, or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. DES will retain all books, records, documents, and other material relevant to this agreement for six years after expiration; and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. 9. Contract Management a. The CLIENT AGENCY Representative on this Agreement shall be: Jim Ferrell Mayor 33325 8th Avenue South Federal Way, Washington 98003 -6325 Telephone (253) 835 -2402 The Representative shall be responsible for working with DES, approving billings and expenses submitted by DES, and accepting any reports from DES. b. The DES Project Manager on this Agreement shall be: Steve Butros, Energy Engineer Department of Enterprise Services Engineering and Architectural Services Post Office Box 41476 Olympia, Washington 98504 -1476 Telephone (360) 407 -9381 Steve Butros will be the contact person for all communications regarding the conduct of work under this Agreement. Interagency Agreement No. K4360 Page 3 of 5 10. Hold Harmless Each party to this Agreement shall be responsible for its own acts and/or omissions and those of its officers, employees and agents. No party to this Agreement shall be responsible for the acts and/or omissions of entities or individuals not a party to this Agreement. 11. Agreement Alterations and Amendments The CLIENT AGENCY and DES may mutually amend this Agreement. Such Amendments shall not be binding unless they are in writing and signed by personnel authorized to bind the CLIENT AGENCY and DES or their respective delegates. 12. Termination Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty (30) days written notification. If this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance rendered prior to the effective date of termination. 13. Disputes If a dispute arises under this Agreement, it shall be determined in the following manner: The CLIENT AGENCY shall appoint a member to the Dispute Board. The Director of DES shall appoint a member to the Dispute Board. The CLIENT AGENCY and DES shall jointly appoint a third member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. 14. Order of Precedence In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: a) Applicable Federal and State Statutes and Regulations b) Terms and Conditions c) Attachment "A ", Project Management Scope of Work; Attachments "B ", Project Management Fees; and Attachment "C ", Monitoring Services Scope of Work, and d) Any other provisions of the Agreement incorporated by reference. 15. All Writings Contained Herein This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. Interagency Agreement No. K4360 Page 4 of 5 AUTHORIZATION TO PROCEED Agreed to and signed by: City of Federal Way Department of Enterprise Services Engineering & Architectural Services Signature Signature Jim Ferrell Roger A. Wigfield, PE Name Name Mayor Energy Program Manager Title Title Date Date The Department of Enterprise Services provides equal access for all people without regard to race, creed, color, religion, national origin, age, gender, sex, marital status, or disability. Contract information is available in alternative formats. For more information, please call Curtis Pate at (360) 407 -7913. K4360IAAagrcp Interagency Agreement No. K4360 Page 5 of 5 ATTACHMENT A Scope of Work Energy/Utility Conservation Projects Management Services Statewide Energy Performance Contracting Program Master Energy Services Agreement No. 2015 -181 B (2) DES will provide the following project management services for each specific project for the CLIENT AGENCY. Each individual project shall be authorized by Amendment to this Agreement. 1. Assist the CLIENT AGENCY in the selection of an Energy Service Company (ESCO) consistent with the requirements of RCW 39.35A for local governments; or 39.35C for state agencies and school districts. 2. Assist in identifying potential energy /utility conservation measures and estimated cost savings. 3. Negotiate scope of work and fee for ESCO audit of the facility(s). 4. Assist in identifying appropriate project funding sources and assist with obtaining project funding. 5. Assist in negotiating the technical, financial and legal issues associated with the ESCO's Energy Services Proposal. 6. Review and recommend approval of ESCO energy /utility audits and Energy Services Proposals. 7. Provide assistance during the design, construction and commissioning processes. 8. Review the ESCO invoice voucher(s) received for reasonableness and forward to CLIENT AGENCY for review and payment. 9. Assist with final project acceptance. 10. Provide other services as required to complete a successful energy performance contract. Interagency Agreement No. K4360 ATTACHMENT B Fee Schedule 2015 -17 Interagency Reimbursement Costs for Project Management Fees to Administer Energy/Utility Conservation Projects PROJECT TOTAL PROJECT VALUE MANAGEMENT FEE TERMINATION 5,000,001..... .6,000,000 $66,000 25,700 4,000,001......5,000,000 65,000 25,400 3,000,001 .... ..4,000,000 64,000 25,000 2,000,001......3,000,000 60,000 23,400 1,500,001......2,000,000 56,000 21,800 1,000,001......1,500,000 49,500 19,300 900,001..... 1,000,000 42,000 16,400 800,001 ..900,000 39,600 15,400 700,001 .800,000 36,800 14,400 600,001 .700,000 35,000 13,700 500,001 ..600,000 32,400 12,600 400,001 ..500,000 29,000 11,300 300,001 ..400,000 24,800 9,700 200,001 .300,000 19,800 7,700 100,001 .200,000 13,800 5,400 50,001 ..100,000 7,500 3,500 20,001 ....50,000 4,000 2,000 0 ....20,000 2,000 1,000 The project management fee on projects over $6,000,000 is 1.1% of the project cost. The maximum DES termination fee is $25,700. 1. These fees cover project management services for energy /utility conservation projects managed by DES's Energy Program. 2. Termination fees cover the selection and project management costs associated with managing the ESCO's investment grade audit and proposal that identifies cost effective conservation measures if the CLIENT AGENCY decides not to proceed with the project through DES. 3. If the project meets the CLIENT AGENCY's cost effectiveness criteria and the CLIENT AGENCY decides not to move forward with a project, then the CLIENT AGENCY will be invoiced per Attachment B Termination or $25,700 whichever is less. If the CLIENT AGENCY decides to proceed with the project then the Agreement will be amended per Attachment B for Project Management Fee. 4. If the audit fails to produce a project that meets the CLIENT AGENCY's established Cost Effectiveness Criteria, then there is no cost to the CLIENT AGENCY and no further obligation by the CLIENT AGENCY. Interagency Agreement No. K4360 Revised 3/12/2012 ATTACHMENT C Scope of Work Energy/Utility Conservation Projects Monitoring Services Statewide Energy Performance Contracting Program Master Energy Services Agreement No. 2015 -181 B (2) If requested DES will provide the following monitoring services for each specific project for the CLIENT AGENCY. 1. Monitor actual energy use and dollar costs, compare with the ESCO's annual Measurement and Verification (M &V) report and any ESCO guarantee, resolve differences, if needed, and approve any vouchers for payment. 2. Monitor facility operations including any changes in operating hours, changes in square footage, additional energy consuming equipment and negotiate changes in baseline energy use which may impact energy savings. 3. Provide annual letter report describing the ESCO's performance, equipment performance and operation, energy savings and additional opportunities, if any, to reduce energy costs. Interagency Agreement No. K4360 STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES 1500 Jefferson St. SE, Olympia, WA 98501 PO Box 41476, Olympia, WA 985044476 December 22, 2016 TO: Jim Ferrell, Mayor City of Federal Way FROM: Curtis Pate, Contracts Specialist, (360) 407 -7913 Engineering & Architectural Services RE: Agreement No. 2017 -141 A (1) Roadway Lighting Upgrades Ameresco Incorporated SUBJECT: Funding Approval The Department of Enterprise Services, Engineering & Architectural Services, requires funding approval for the above referenced contract document(s). The amount required is as follows: Energy Audit and Energy Services Proposal Total $ 5,720.00 $ 5,720.00 In accordance with the provisions of RCW 43.88, the signature affixed below certifies to Engineering & Architectural Services that the above identified funds are appropriated, allotted or that funding will be obtained from other sources available to the using client /agency. The using/client agency bears the liability for any issues related to the funding for this project. By Jim Ferrell, Mayor, City of Federal Way Date Please sign and return this form to E &AS. If you have any questions, please call me. 2017141Afndcp AMERESCO Green • Clean • Sustainable 222 Williams Avenue South, Suite 100 Renton, WA 98057 P: 206 522 4270 F: 425 687 3171 ameresco.com December 19, 2016 Mr. Steve Butros Department of Enterprise Services 1500 Jefferson Street SE PO Box 41476 Olympia, WA 98504 -1401 SUBJECT: Audit Fee Proposal City of Federal Way — Roadway Lighting Dear Steve, We are pleased to submit this proposal for the audit phase of the City of Federal Way Energy Efficiency Upgrades. The facilities which have been identified by the City are: City -owned roadway lighting. Ameresco will provide engineering services for the subject project in accordance with the following: Engineering Services A. Audit Phase Services will include: Ameresco will undertake an Energy Audit of the Facilities. The Energy Audit will identify cost effective Energy Conservation Measures (ECMs). Ameresco will present to the Owner a written Energy Services Proposal, including the Energy Audit Documentation. The Energy Services Proposal will set forth at least the following: 1. A description of the Facility and a description of those buildings and systems which will receive ESCO Equipment and ESCO Services; 2. The Cost Effective ECMs to be installed or caused to be installed by the ESCO and a description of the ECMs analyzed but disqualified under the cost effectiveness criteria; 3. The services that the ESCO will perform on or in the Facility, including but not limited to engineering, construction management, the operations and maintenance procedures for use on ESCO Equipment, training for Facility personnel, providing warranty service, and equipment maintenance; 4. The Maximum Allowable Project Cost, itemized in detail; 5. Recommendations for replacement of Existing Equipment, along with recommendations for improvements to Existing Equipment and Operating Conditions; 6. The standards of comfort and service appropriate for the Facility; 7. The Baseline Energy Consumption for the existing roadway lighting, methodology and variables used to compute the Baseline, and the Baseline calendar period which will not be less than twelve (12) months; 0 I'n,,Icd ,,n it... Ica nutcrui City of Federal Way Roadway Lighting Page 2 of 4 8. The guaranteed Energy Savings and estimated Energy Cost Savings that are expected to result from the installation of the ESCO Equipment and from the ESCO Service and an explanation of the method used to make the estimate; 9. The method by which Energy Savings and Energy Cost Savings will be calculated during the term of the Energy Services Agreement; 10. A description of how the ESCO will finance its acquisition of the ESCO Equipment and when title to the ESCO Equipment will pass to the Owner; 11. A description of how the Energy Savings will be guaranteed by the ESCO; 12. A description of how the ESCO proposes to be compensated; 13. The term of the Energy Services Agreement; 14. The schedule for project completion; 15. The nature and extent of work and equipment that the ESCO anticipates it will receive from other firms under sub - contract; 16. Preliminary measurement & verification (M &V) plan: The ESCO will provide on -going measurement and verification to help ensure the predicted savings are achieved throughout the first year of the agreement. Post installation Measurement and Verification (M &V) will be performed based on the International Performance Measurement and Verification Protocol (IPMVP) — Option A (Retrofit Isolation -Key Parameter Measurement), and on Section IX — Method of Calculating Energy Savings and Energy Cost Savings. The ESCO will attend one annual meeting to review the Measurement & Verification results and reconcile energy savings. Conservation measures will include items that save energy or other resources (including various cost savings measures). The Energy Audit will provide detailed documentation of fieldwork for the audit, calculation input and output in support of the recommendations made in the Energy Services Proposal, economic and engineering assumptions, sketches, floor plans, and any other information developed during the Audit. Cost Effectiveness Criteria It is understood that the cost effectiveness criteria for this project is as follows: 1. Future post - project cash flow, including utility bill savings, maintenance savings, and financing costs will be neutral or positive with respect to pre - project cash flow, assuming a finance term of no more than ten years. 2. The selected Energy Conservation Measures (ECMs) will be evaluated as a bundle in determining whether they meet the cost - effectiveness criteria. 3. The total cost of implementing the ECMs will include the cost of the investment grade audit, design, labor and materials, construction management, DES fees, ESCO fees, bonding, permits, taxes, and other costs that may be agreed to. 4. All utility rebates, State grants, or other rebates and grants associated with the proposed bundle of ECMs will be deducted from the cost of implementing them before determining their cost - effectiveness. 5. No more than 90% of the energy cost savings and 100% of the maintenance cost savings (purchased parts and service contracts, but not internal labor costs) will be used for determining cost - effectiveness. 6. The finance period for the proposed bundle of ECMs may not exceed their average useful life. City of Federal Way Roadway Lighting Page 3 of 4 • If Ameresco is NOT able to develop a project that meets the above cost effectiveness criteria, the associated audit fee will be waived. • If Ameresco develops a project that meets the cost effectiveness criteria, the City is responsible for the full amount of the audit; the audit fee can either be rolled into the construction contract or be paid in full by the City. Fee for Engineering Services: A. Basis and amount: Fixed Fee for Services Energy Audit: $5,720 It is understood by Ameresco that payment and terms are contingent upon the requirements set forth in the Energy Services Proposal. Schedule for Engineering Services: The Energy Audit will be completed within 90 days of the Notice to Proceed. It is understood the IGA report and associated Energy Services Proposal will be required for a Department of Commerce Energy Efficiency Grant Application on March 9, 2017. We at Ameresco, Inc. appreciate the opportunity to provide these services. If this proposal for Audit Services is satisfactory, please forward contract documents. Sincerely, Ameresco, Inc. Lis7,("'e4 Grant A. Thorsland Regional Manager - Northwest Attachments: Fee Proposal, List of Facilities and Square Footage, Conservation Measure Lists City of Federal Way Roadway Lighting Page 4 of 4 ECM List: City of Federal Way Lighting Conservation Measures Rank FW -Ll Lighting Retrofit (roadway): This measure will replace City -owned roadway lighting with LED. Options for controls will be included. 1 -2 PAYBACK RANK NOTES: 1) Measures that are likely to pay for themselves through energy savings and utility incentives. 2) Measures that may pay for themselves, or may require some capital infusion 3) Measures that will require significant ( >50 %) capital infusion Hourly Summary: Field Audit Project Construction Project Technidan / Admin. TASK Manager Manager Engineer TAB / Or Assistant Total Hours Field /Audit 4 4 Ana l ysis /Calculations 24 24 Evaluation of ECMs 8 8 Report Write -up 4 4 Customer Presentation 0 Travel 4 4 Total Hours: 44 0 0 0 0 44 Hourly Rate: $ 130 $ 120 $ 120 $ 105 $ 75 Estimated Fee for Services: $ 5,720 $ - $ - $ - $ - $ 5,720 Total Audit Fee - Energy Project: $ 5,720 COUNCIL MEETING DATE: January 17, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Asphalt Overlay - Joint Construction Agreement with Puget Sound Energy for the SW 330th Street Gas Main Replacement (6th Ave SW to 1st Ave S). POLICY QUESTION: Should the Council approve the Asphalt Overlay — Joint Construction Agreement with Puget Sound Energy for the SW 330th Street Gas Main Replacement (6th Ave SW to 1st Ave S.)? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 9, 2017 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Desiree S. Winkler, P.E., Deputy Public Works Director / DEPT: Public Works Street Systems Manager Attachments: 1. Land Use and Transportation Committee memorandum dated January 9, 2017 2. Joint Construction Agreement with Puget Sound Energy (PSE) Options Considered: 1. Authorize the Mayor to execute the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy for the Asphalt Overlay for the SW 330th Street Gas Main Replacement (6th Ave SW to 1st Ave S.). 2. Do not authorize the Mayor to execute the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy for Asphalt Overlay for the SW 330th Street Gas Main Replacement (6th Ave SW to 1st Ave S.). MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 1 L2017 City Council Consent Agenda for approval. MAYOR APPROVAL: main Co Initial/Date Initial /Date DIRECTOR APPROVAL: tial/Date 121 vg lt4 COMMITTEE RECOMMENDATION: 1 move to forward the proposed Agreement to the January 17, 2017 consent agenda for approval. Committee Chair Com r - e Membe PROPOSED COUNCIL MOTION: "1 move approval of the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy Asphalt Overlay for the SW 330th Street Gas Main Replacement (6th Ave SW to 1st Ave S.) effective January 17, 2017 and authorize the Mayor to sign 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— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 9, 2017 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM• Marwan Salloum, P.E., Public Works Director ' Our-Desiree S. Winkler, P.E., Deputy Public Works Director / Street Systems Manager SUBJECT: Asphalt Overlay for the SW 330th Street Gas Main Repalcement (6th Ave SW to 1st Ave S); Joint Construction Agreement with Puget Sound Energy (PSE) BACKGROUND: Puget Sound Energy (PSE) is in the process of completing a gas main replacement project on SW 330th Street between 6th Ave SW and 1st Ave SW. PSE is required to complete a full -width asphalt overlay of their project limits due to the number of pavement cuts required to complete their work. The City completes an annual asphalt overlay project and the 2017 Asphalt Overlay Program includes 10th Ave SW that is immediate adjacent to PSE's gas main replacement project on SW 330th Street. In an effort to minimize disruption to the traveling public, provide a consistent quality product, and potentially provide PSE cost savings, the City proposes to complete the 330th Street (6th Ave SW to 1st Ave SW) as part of its 2017 Asphalt Overlay Program as an added bid schedule to the project. A separate bid schedule will be included in the project bid documents for the costs associated with PSE's overlay. Per the attached agreement, PSE will reimburse the City for all design, construction management, and construction contract costs associated with the asphalt overlay. The total estimated cost which PSE will pay to the City will be determined after bids are opened. The final cost will be based on actual quantities. The attached Joint Construction Agreement shows the methodology used to calculate the costs to be billed to PSE. In addition, PSE will be required to complete a pavement overlay along their gas main replacement project limits in the West Campus Neighborhood (6`h Ave SW and related side streets). This project is more extensive and public works staff did not have the resources to incorporate these streets in the 2017 Asphalt Overlay Program. Depending on the results of the SW 330th Street overlay, the city will look consider incorporating PSE overlay work in the future. JOINT CONSTRUCTION AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND PUGET SOUND ENERGY FOR THE Asphalt Overlay for the SW 330th Street Gas Main Replacement (6th Avenue SW TO 1st Avenue S) THIS AGREEMENT is made and entered into this day of , 2017, by and between the City of Federal Way (hereinafter "City') and Puget Sound Energy (hereinafter "PSE "), collectively referred to herein as the "Parties." WHEREAS, the City proposes to proceed with the 2017 Asphalt Overlay Project; and WHEREAS, in connection with the SW 330th Street Gas Main Replacement Project being undertaken by PSE (hereinafter "PSE Project "), PSE will be required to complete a full -width asphalt overlay throughout its project limits; and WHEREAS, the City will be completing an overlay on 10th Avenue SW immediately adjacent to the PSE Project; and WHEREAS, PSE can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for PSE as described in Exhibit A, including letting a public works construction contract for asphalt overlay, providing design and construction management services, and providing Project administration in support thereof; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: GAS MAIN REPLACEMENT, SELECT GAS MAIN REMOVAL, AND PERMANENT PATCHING. PSE agrees to perform predesign /design and construction work for the replacement of its facilities and removal of all abandoned gas main at all street crossings as required in their right -of -way permit. PSE shall provide the City all drawings necessary to acquire a right -of -way permit and abide by all right of way permit requirements. PSE shall complete all permanent pavement patching in accordance to the right of way permit no later than April 1, 2017. II. BIDDING AND CONSTRUCTION FOR PAVEMENT RESTORATION. It is the intention of the City and PSE that the full -width asphalt overlay shall be incorporated into the City's 2017 Asphalt Overlay Contract Bid Documents as a separate bid schedule for the PSE Project in such manner as to allow identification of the PSE Work to be performed by the City on behalf of PSE. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, Asphalt Overlay - SW 330th Street (6th Ave SW to 1S` Ave S) Page 1 January 2017 and clerical services necessary for the execution of the performance of the PSE Work. In providing such services, the City Public Works Director and /or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. PSE grants to the City Public Works Director and /or his or her designee authority to perform the PSE Work in accordance with the provisions of this Agreement. B. PSE shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the PSE Work, which changes shall be made, if feasible. The City shall notify PSE, in writing, of any changes required of the PSE Work and shall obtain PSE's approval of such changes. PSE's approval shall not be unreasonably withheld. PSE shall be responsible for all costs incurred by the City, directly or indirectly, as a result of changes to the PSE Work that are requested or approved in writing by PSE. IV. PAYMENT. A. PSE shall reimburse the City for all actual costs incurred by the City in performing the PSE Work, which costs shall include but are not limited to the PSE Work performed by the Project contractor(s), all PSE and City requested changes as agreed upon per Section III(B) of this Agreement, and PSE's cost of the City services described in Paragraph III (a) herein, all as more particularly described in Exhibit A. B. All payments shall be due from PSE to the City within thirty (30) days after PSE receives invoice(s). Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold PSE, its officers, employees and agents 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 or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. PSE agrees to indemnify and hold the City, its elected officials, officers, employees and agents 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 or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of PSE, its agents or employees, or by PSE's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the PSE Project and may be extended for additional periods of time upon mutual written agreement of the City and PSE. Asphalt Overlay - SW 330th Street (6th Ave SW to 1st Ave S) Page 2 January 2017 VII. OTHER PROVISIONS. A. Upon completion of the construction and City's acceptance of the PSE Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to PSE for any final payment due. B. This Agreement contains the entire agreement of the City and PSE, and supersedes all prior discussions between them, with regard to the City's performance of the PSE Work for the project. For the avoidance of doubt, nothing in this Agreement will alter, amend or supersede any franchise or other written agreement between the City and PSE; rather, the same will remain in full force and effect in accordance with their respective terms. This Agreement may be amended only in writing, signed by both Parties. C. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. Asphalt Overlay - SW 330th Street (6th Ave SW to 15t Ave S) Page 3 January 2017 IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY Jim Ferrell, Mayor 33325 8th Avenue South Federal Way, WA 98063 -6325 (253) 835 -2401 APPROVED AS TO FORM: City Attorney ATTEST: Stephanie Courtney, City Clerk Asphalt Overlay - SW 330`h Street (6th Ave SW to 1st Ave S) PUGET SOUND ENERGY Andy Markos Manager,Municipal Relations Olympic Region 6522 Kitsap Way KSP -SVC Bremerton, WA 98312 (253) 380 -6903 APPROVED AS TO FORM: Puget Sound Energy General Counsel Page 4 January 2017 Exhibit A Estimated Costs Asphalt Overlay for the SW 330th Street — Gas Main Replacement (6th Ave SW to 1St Avenue S) ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING PUGET SOUND ENERGY GAS ASPHALT OVERLAY IN THE CITY'S 2017 ASPHALT OVERLAY PROJECT Schedule PSE - SW 330th Street from 6th Ave SW to 1st Ave S (Full Width Estimate) Item No. Item Description Approx. Qty Unit Unit Price Total Bid 1 Mobilization 1 LS $16,496.97 $16,496.97 2 Traffic Control Labor 450 HR $50.00 $22,500.00 3 Other Traffic Control Labor 50 HR $50.00 $2,500.00 4 Off Duty Uniformed Police Officer 48 HR $67.00 $3,216.00 5 Asphalt /Cement Concrete Sawcutting 700 LF $0.85 $595.00 6 Planing Bituminous Pavement 7476 SY $3.95 $29,530.20 7 HMA Class 1/2" PG 64 -22 1078 TN $69.00 $74,382.00 8 HMA Class 1/2" PG 64 -22 for Traffic Circle Apron 32 TN $126.00 $4,032.00 9 Raised Crosswalk, Complete 1 EA $3,500.00 $3,500.00 10 Pedestrian Refuge Island, Complete 1 LS $6,500.00 $6,500.00 11 Removal and Replacement of Concrete Sidewalk 20 SY $120.00 $2,400.00 12 Raised Pavement Marker, Type 2 2.5 HUND $500.00 $1,250.00 13 Hydrant Marker, Type 2B 4 EA $20.00 $80.00 14 Paint Line 5544 LF $0.75 $4,158.00 15 Plastic Wide Line 97 LF $5.00 $485.00 16 Plastic Crosswalk Line 400 LF $5.00 $2,000.00 17 Plastic Stop Line 24 LF $5.00 $120.00 18 Plastic Dotted Extended Line 224 LF $5.00 $1,120.00 19 Plastic Traffic Arrow 8 EA $100.00 $800.00 20 Plastic Yield Line 32 EA $80.00 $2,560.00 21 Asphalt Apron Painting 841 SF $1.50 $1,261.50 22 Sod Incl. 4" Topsoil 12 SY $65.00 $780.00 23 Portable Changeable Message Sign 16 DAY $75.00 $1,200.00 Engineer Project Subtotal = $181,466.67 Design = $18,146.67 (Construction Management) _ $27,220.00 Total (Design + Construction) = $226,833.34 5% Project Administration = $11,341.67 Project TOTAL = $238,175.00 * *Costs presented are estimates only. Actual field measured quantities and unit bid prices of contract awarded to lowest responsive responsible bidder will be used to calculate final cost of Puget Sound Energy's reimbursement to the City. Asphalt Overlay - SW 330th Street (6th Ave SW to 1st Ave S) Page 5 January 2017 COUNCIL MEETING DATE: January 17, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC HEARING: Public hearing to consider the establishment of a Transportation Benefit District. POLICY QUESTION: Should the City Council establish a Transportation Benefit District and add Chapter 3.26 to the Federal Way Revised Code? COMMITTEE: None MEETING DATE: n/a CATEGORY: ❑ Consent ❑ City Council Business ❑ Ordinance ❑ Resolution Public Hearing ❑ Other STAFF REPORT Bvit esiree S. Winkler, Deputy Public Works Director / DEPT: Public Works Street Systems Manager Attachments: 1. Ordinance establishing a Transportation Benefit District and adding Chapter 3.26 to the Federal Way Revised Code 2. Council Memorandum dated January 10, 2017 Options Considered: MAYOR'S RECOMMENDATION: MAYOR APPROVAL: N/A Committee Initial/Date DIRECTOR APPROVAL: Cabncil Initial /Date 'k +..\ r1 nitial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair 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 # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the establishment of a transportation benefit district and adding Chapter 3.26 to the Federal Way Revised Code. WHEREAS, the City Council of the City of Federal Way has the responsibility under the Constitution of the State of Washington for the improvement, maintenance, protection, and operation of public streets and ways within the corporate limits of the City pursuant to RCW 35A.11.020 and Chapter 35A.47 RCW; and WHEREAS, the construction, improvement, maintenance, protection, and operation of public streets and ways requires preserving existing transportation improvements to avoid both catastrophic failure that would require significant additional funds for reconstruction, and to avoid gradual deterioration, which would lead to reduced safety and increased congestion; and WHEREAS, the Washington Transportation Commission is mandated pursuant to RCW 47.01.071(4) to adopt the Washington Transportation Plan ( "WTP 2035 "), which is a comprehensive and balanced statewide transportation plan that establishes a 20 -year vision for the development of the statewide transportation system, from state highways and ferries, to sidewalks and bike paths, county roads, city streets, public transit, air, and rail; and WHEREAS, the Washington State Legislature identified maintaining, preserving, and extending the life and utility of prior investments in transportation systems and services as one of the WTP 2035's six transportation policy goals; and WHEREAS, the Puget Sound Regional Council, a regional planning agency, has adopted its long -range strategy, VISION 2040, and its metropolitan transportation plan, Transportation 2040, Ordinance No. 17- Page 1 of 8 which provide a framework for long -range transportation planning that integrates roads, transit, bicycling, and walking with an emphasis on clean and safe transportation; and WHEREAS, the Destination 2030 Metropolitan Transportation Plan for the Central Puget Sound, approved by the Puget Sound Regional Council, states that the first priority is to maintain, preserve, make safe, and optimize existing transportation infrastructure; and WHEREAS, the City's Capital Improvement Program, Transportation Improvement Plan, and the Transportation Element of the Comprehensive Plan, which are updated periodically, outline key strategies, objectives and investments for improving safety, mobility, modal connectivity, and access through providing effective transportation choices; and WHEREAS, the City has limited transportation funding to pay for such necessary transportation preservation, maintenance, and operation of streets and ways and current revenues will not sustain the current City transportation system; and WHEREAS, on -going costs of preservation, maintenance, and operation of streets and ways continue to increase, while dedicated revenues have decreased due in significant part to the loss of Motor Vehicle Excise Tax revenues formerly available to the City; and WHEREAS, Chapter 36.73 RCW provides for the establishment of Transportation Benefit Districts and for the levying of additional revenue sources for transportation improvements within the district that are consistent with existing state, regional, or local transportation plans and necessitated by existing or reasonably foreseeable congestion levels; and WHEREAS, RCW 35.21.225 authorizes the City Council to establish a Transportation Benefit District subject to the provisions of Chapter 36.73 RCW; and Ordinance No. 17- Page 2 of 8 WHEREAS, the City Council finds that establishing a stable local funding mechanism for funding a portion of transportation improvements is essential to the economic health and quality of life in Federal Way; and WHEREAS, the City Council now desires to form a Transportation Benefit District to include the entire boundaries of the City of Federal Way; and WHEREAS, the City Council, after giving proper notice pursuant to RCW 36.73.050(1), conducted a public hearing on January 17, 2017 and took public comment regarding the proposed establishment of a Transportation Benefit District in accordance with RCW 36.73.050; and WHEREAS, the establishment of a Transportation Benefit District is in the public interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this Chapter is to establish a Transportation Benefit District ( "TBD ") pursuant to RCW 35.21.255 and Chapter 36.73 RCW. Section 2. Findings. 1. The foregoing recitals are adopted as findings of the City Council. 2. The City Council further finds it to be in the best interest of the City and the public to establish a citywide TBD with the geographic boundaries comprised of the corporate limits of the City of Federal Way as they now exist or may hereafter be altered by future annexations for the operation, preservation, and maintenance of the City's transportation infrastructure consistent with Chapter 36.73 RCW, to protect the City's long -term investments in that infrastructure, to reduce the risk of transportation facility failures and improve safety, to continue optimal performance of the infrastructure over time, and to avoid more expensive infrastructure replacements in the future. Ordinance No. 17- Page 3 of 8 3. The City Council further finds it is in the public interest to provide adequate levels of funding for transportation improvements that are consistent with existing state, regional, and local transportation plans and are necessitated by existing or reasonably foreseeable congestion levels. 4. The City Council further finds that those transportation improvements that are consistent with existing state, regional, and local transportation plans constitute transportation improvements that may be funded by the TBD as funding becomes available. 5. The City Council further finds that the City's Six -Year (2017 -22) Transportation Improvement Program shall be annually updated to identify projects that constitute transportation improvements that may also be funded by the TBD as funding becomes available. 6. The City Council further finds that annually recurring projects listed under the "Asphalt Overlay Program" within the City's Six -Year Transportation Improvement Program constitute transportation improvements that may also be funded by the TBD as funding becomes available, until such time as the City obtains and can sustain an average system wide pavement condition rating of 80 within the City's Arterial Street System. 7. Operations, maintenance, and preservation of transportation infrastructure constitute transportation improvements that may also be funded by the TBD as funding becomes available. 8. The TBD shall be automatically dissolved when all indebtedness of the TBD has been retired and anticipated responsibilities have been satisfied. Section 3. A new Chapter 3.26 of the Federal Way Revised Code is hereby created to read as follows: Ordinance No. 17- Page 4 of 8 Chapter 3.26 FEDERAL WAY TRANSPORTATION BENEFIT DISTRICT Sections: 3.26.010 Transportation Benefit District established 3.26.020 Governing board 3.26.030 Authority of the District 3.26.040 Use of funds 3.26.050 Dissolution of the District 3.26.060 Liberal construction 3.26.010 Transportation Benefit District established. There is hereby established a Transportation Benefit District to be known as the Federal Way Transportation Benefit District ( "District ") with geographical boundaries comprised of the corporate limits of the City of Federal Way as they now exist or may exist following future annexations. 3.26.020 Governing board. (1) The governing board of the District shall be the Federal Way City Council ( "District Board ") acting in an ex officio and independent capacity, which shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW. (2) Meetings of the District Board shall be governed by the procedural rules applicable to meetings of the City Council, as these rules may be amended by the City Council from time to time. District Board actions shall be taken in the same manner and follow the same procedure as for the adoption of City Council resolutions. Meetings of the District Board shall, whenever possible, take place on the same dates scheduled for City Council meetings. (3) The Mayor shall serve as the chair of the District Board and shall preside over all meetings of the District Board. Ordinance No. 17- Page 5 of 8 (4) Federal Way City Attorney will serve as legal advisor to the District Board, except where separate counsel is engaged by the District or the City Attorney has a conflict of interest. (5) The treasurer of the District shall be the City Finance Director. (6) The District Board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). (7) The Board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). 3.26.030 Authority of the District. The District shall have and may exercise any and all powers and functions provided by law to fulfill the purposes of the District. 3.26.040 Use of funds. The funds generated by the District may be used for any purpose allowed by law, which include the operation of the District and to make transportation improvements that are consistent with existing state, regional, and local transportation plans and necessitated by reasonably foreseeable congestion levels pursuant to Chapter 36.73 RCW. The transportation improvements funded by the District shall be made in an effort to reduce the risk of transportation facility failure and improve safety, decrease travel time, increase daily and peak period trip capacity, improve modal connectivity, and preserve and maintain optimal performance of the infrastructure over time to avoid expensive infrastructure replacement in the future. 3.26.050 Dissolution of the District. The District shall be dissolved, pursuant to the procedures set forth in Chapter 36.73 RCW, when all Ordinance No. 17- Page 6 of 8 indebtedness of the district has been retired and when all of the District's anticipated responsibilities have been satisfied. 3.26.080 Liberal construction. As authorized pursuant to Chapter 36.73 RC W, this Chapter shall be liberally construed to permit the accomplishment of its purposes. Section 4. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 20 . Ordinance No. 17- Page 7 of 8 CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: ACTING CITY ATTORNEY, FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 17- Page 8 of 8 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: January 10, 2017 City Council Jim Ferrell, Mayor Marwan Salloum, P.E., Public Works Director 1� esiree S. Winkler, P.E., Deputy Public Works Director / Street Systems Manager Establishing a Transportation Benefit District Public Hearing and Ordinance BACKGROUND: January 17, 2017 is the date set by City Council to conduct a Public Hearing to take testimony with regard to establishment of a Transportation Benefit District. Also, on January 17, 2017, the City Council will consider the Ordinance to establish a Transportation Benefit District. Transportation Benefit District — Defined A Transportation Benefit District ( "TBD ") is a quasi - municipal corporation and independent taxing district that can raise revenue for specific transportation projects, usually through vehicle license fees or sales taxes. (Chapter 36.73 RCW) TBD revenue may be used for transportation improvements included in a local, regional, or state transportation plan. Improvements can range from roads and transit service to sidewalks and transportation demand management. Construction, maintenance, and operation costs are eligible. Any city or county may form a TBD by ordinance, following a public hearing, if it finds the action is in the public interest. City of Federal Wav TBD The proposed boundaries of the TBD are the corporate limits of the City of Federal Way as they now exist or may hereafter be altered by future annexations. The goveming board of the TBD shall be the Federal Way City Council ( "District Board ") and the Mayor shall serve as the chair of the District Board. Other staff support includes: • The Federal Way City Attorney will serve as legal advisor, except where separate counsel is engaged by the TBD or City Attorney has a conflict of interest. • The treasurer of the TBD shall be the City Finance Director. TBD Functions The TBD will fund the following: 1. Operation, preservation, and maintenance of the City's transportation infrastructure. January 10, 2017 Establishing a Transportation Benefit District Page 2 2. Transportation improvements that are consistent with existing state, regional, and local transportation plans and are necessitated by existing or reasonably foreseeable congestion levels. 3. The City's six-year Transportation Improvement Program Projects (as shown currently (2017 -2022) and as annually updated). 4. Annual Asphalt Overlay Program until such time the City obtains and can sustain an average system wide pavement condition rating of 80 within the City's Arterial Street System. TBD — Additional Elements • The TBD will issue an annual report indicating status of the plan • The TBD will develop a material change policy - 20% threshold. • The TBD will go through a notice, public hearing, and ordinance process if TBD functions are expanded beyond original TBD establishment • The TBD will be automatically dissolved when all indebtedness of the district has been retired and when all the District's anticipated responsibilities have been satisfied. TBD — Potential Funding Sources 1. Vehicle License Fees: TBDs may impose a vehicle license fee up to $50 without a public vote subject to the conditions below. • $15 as proposed in the 2017/18 budget, no conditions. • Up to $20, no conditions. • Up to $40, but only if a $20 fee has been in effect for at least 24 months. • Up to $50, but if only a $40 fee has been in effect for at least 24 months. • Any license fee over $50, up to $100, must be approved by a simple majority of voters. Table 1. Vehicle License Fees — Federal Way Projected Revenue Revenue Source Projected Revenue Less Admin. Fees Net Projected Revenue V T Fee = $15 eR ''$ Vehicle Tab Fee = $20 $1,250,000 $99,600 $1,150,400 Note: in 2017, anticipate collecting 30 -40% of net projected revenue. 2. Sales and Use Taxes: Up to 0.2 %. Simple majority voter approval. 3. General Obligation Bonds 4. Border Area Fuel Tax 5. Impact Fees on commercial and industrial development 6. Vehicle Tolls 7. Excess Property Taxes 8. Local Improvement Districts January 10, 2017 Establishing a Transportation Benefit District Page 3 TBD — Timeline (2017) January 3 — City Council Study Session to review TBD formation and laws January 6 — Publish notice setting the date and time (Jan 17) to conduct a public hearing to establish a TBD January 17 — City Council meeting: Hold public hearing on TBD formation and first reading of TBD formation Ordinance February 7 — Second reading of the TBD formation Ordinance. Resolution of intent to conduct public hearing concerning assumption of the TBD March 9 — Effective date of the TBD Ordinance. March 21— District Board passes resolution setting fees. City Council passes resolution of intent to assume the TBD. March — April — City assumes TBD (includes publishing "resolution to assume"; public hearing; ordinance. March — May — Develop and approve interagency agreement with DOL to collect fees. September — First fee collection COUNCIL MEETING DATE: January 17, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 7a SUBJECT: PROPOSED 2016 -2018 COLLECTIVE BARGAINING AGREEMENT WITH POLICE SUPPORT SERVICES ASSOCIATION (PSSA). POLICY QUESTION: Should the City Council authorize the Mayor to execute the Proposed Collective Bargaining Agreement with the Police Support Services Association which has been ratified? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® City Council Business n Ordinance ❑ Public Hearing n Resolution ❑ Other STAFF REPORT BY: Ryan Call Interim City Attorney DEPT: Law Attachments: Proposed 2016 — 2018 Collective Bargaining Agreement with the Police Support Services Association. The City and the Union began negotiations in October 2015 for a successor Agreement. The current contract expired December 31, 2015. The attached proposed Agreement is a culmination of negotiations and has been ratified by the Union. The City's bargaining team recommends that Council approve the proposed 2016 -2018 Agreement and authorize the Mayor to execute the document. Options Considered: 1. Approve the proposed Agreement and authorize the Mayor to execute the necessary documents. 2. Reject the proposed Agreement and direct the City to continue negotiations with the Union. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N Committee Initial /Date ounc Initial /Date 7 DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2016 -2018 Collective Bargaining Agreement with the Police Support Services Association and to 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 # RESOLUTION # REVISED— 1/2015 CITY OF FEDERAL WAY AND POLICE SUPPORT SERVICES ASSOCIATION PREAMBLE The collective bargaining agreement (the Agreement) herein contains the entire agreement between Federal Way Police Support Services Association (hereinafter called the Association) and the City of Federal Way, Washington (hereinafter known as the City). The purpose of the City and Association in entering into this agreement is to set forth their complete agreement with regard to wages, hours and working conditions for the employees in the bargaining unit. ARTICLE I - RECOGNITION AND BARGAINING UNIT Section 1.1 Recognition of the Unit The City recognizes the Association as the sole and exclusive bargaining representative for the bargaining unit described as all full time and regular part -time special commission and non - commissioned employees as listed in Appendix A of the City of Federal Way Police Department, excluding supervisors, confidential employees and all other employees. The Association agrees that Records Supervisors shall be excluded from the bargaining unit. Section 1.2 Bulletin Board The City shall permit the use of a bulletin board by the Association for the posting of notices relating to official Association business, so long as the notices posted are not inflammatory or otherwise detrimental to the operation of the Department. Section 1.3 Association Officials Release Time A. Time off with pay shall be limited to regular negotiations sessions between the City and the Association negotiating team members during their scheduled duty hours, up to a limit of three members off with pay at a time. B. The Department shall afford Association representatives a reasonable amount of time while on -duty to consult with appropriate management officials, Association counsel and /or aggrieved employees, provided that the Association representatives and /or aggrieved employees contact their immediate supervisors, indicate the general nature of the business to be Police Support Services Association Collective Bargaining Agreement 2016 -2018 1 conducted, and request the necessary time off. Such time off will not be allowed whenever the City reasonably determines it will interfere with Department operations, and Association representatives shall not use excessive time in handling such responsibilities. The Association shall give the City as much advance notice as reasonably possible of such time off requests. ARTICLE 2 - MEMBERSHIP AND DUES DEDUCTION Section 2.1 Dues Deduction The parties agree to the following: 2.1.1 The deduction of monthly dues uniformly levied by the Association for those employees who elect to become members of the Association and who request in writing to have their regular monthly Association dues deduction checked off on the basis of individually signed voluntary check -off authorization cards; 2.1.2 All employees who elect not to become members of the Association shall, in lieu of Association membership, as a condition of employment, pay to the Association a regular monthly service fee equal to the Association dues schedule in effect for that employee as a monthly contribution towards the administration of this agreement. Such fees shall not exceed the maximum agency fee allowed by law. Employees failing to honor their union security obligations shall be discharged after thirty (30) days written notice, at the request of the Association; 2.1.3 Each month, the City shall remit to the Association, all dues deducted together with a list of employees and the amount deducted from each employee. The City agrees to notify the Association of new employees within thirty (30) calendar days of the date of hire. 2.1.4 Hold Harmless. The Association agrees to defend, indemnify and hold the City, its officers, directors, employees and agents harmless from any and all claims, demands, actions, and liabilities (including attorney's fees) arising from resulting from or connected with the City's compliance with this Article. ARTICLE 3 - EMPLOYMENT PRACTICES Section 3.1 Seniority Definition For purposes of shift bidding, vacation bids, and layoff and recall, seniority shall be defined as the employee's length of continuous service within their classification. For all other purposes, seniority shall be defined as the employee's length of continuous service with the City's police department. Seniority shall be broken by resignation, termination for cause, layoff without recall for a period of 12 consecutive months, illness, injury or other leave of twelve (12) consecutive months. Police Support Services Association Collective Bargaining Agreement 2016 -2018 2 Section 3.2 Layoff Should it become necessary due to budgetary conditions, lack of work, or any other reasonable cause, to reduce the number of employees in this unit, the following basic provisions will apply: A. Order of layoff shall be determined by job classification. Regular employees will be retained on the basis of job performance. Relative job performance will be determined based upon relative qualifications, experience, and job performance evaluations. If job performance is equal, seniority in the classification will be the determinative factor. B. Employees affected by the reduction in force shall receive thirty (30) calendar days notice of such layoff, or pay in lieu thereof. Section 3.3 Establishment of Reinstatement Register A. The names of employees who have been laid off shall be placed upon a reinstatement register for the same classification from which laid off. This reinstatement register shall be in effect for one (1) year from the date of layoff, and shall take priority over other hiring or promotional lists. B. Refusal to accept a recall from the reinstatement register for employee's former classification shall terminate all rights granted under this Agreement, and the employee shall be removed from the register. C. Order of Reinstatement. If a vacancy is to be filled from the reinstatement register, recall shall be made on the basis of length of service within the classification. The regular employee on such register who has the most service credit shall be first reinstated. Section 3.4 Employment Status When Reinstated In the event a employee leaves the service of the City due to a reduction in force and within the next year the City rehires said former employee in the same classification to which assigned at the date of reduction, such employee shall be placed at the step in the salary range which the employee occupied at the time of the reduction. Section 3.5 Non discrimination It is agreed that the City will not discriminate on the basis of age, sex, marital status, race, creed, color, religion, national origin, ancestry, disability or activity protected by RCW 41.56. Police Support Services Association Collective Bargaining Agreement 2016 -2018 3 Section 3.6 Personnel Files All personnel records are maintained in compliance with the laws related to public records. Each employee is entitled to review and have photocopied his or her personnel file and /or police department personnel file. An employee shall have an opportunity to submit a letter to the file, responding to or supplementing information contained in his or her file. Upon receiving a request for all or part of a personnel file, the affected employee shall be notified of the request, and the information shall not be released for a period of three (3) business days from the time of said notification, except upon service of a court order or subpoena properly recorded and signed by a judge or magistrate demanding immediate release. Section 3.7 Employment References Unless otherwise required by a valid court order or by law, at the written request of the subject employee, or whenever the employee provides a written release to the prospective employer, the City will furnish prospective employers with only the following information about past or present employees to persons outside the City of Federal Way: • Dates of employment. • Current job title or job title at the date of separation. • Verification of salary information. A copy of all requests for any information regarding past or present City employees shall be sent to Human Resources. ARTICLE 4 - HOURS OF WORK AND OVERTIME Section 4.1 Hours of Work The normal work schedule for employees covered by this agreement shall not exceed 40 hours of work in a seven (7) consecutive day period. The work week will commence at the beginning of day shift on Sunday and end with completion of Saturday night's graveyard shift. Where reasonably possible, the employee's work schedule shall be posted at least thirty (30) days prior to the beginning of the applicable work period. The normal work schedule for all employees covered by this Agreement shall be designed with a 30 minute paid lunch period. The City will work in good faith with the Association and employees to ensure that employees are able to receive their meal period. The work schedule shall be four consecutive ten (10) hour shifts followed by three (3) consecutive days off. Provided, this work schedule may be altered by mutual agreement between the City, the Association and the employee. Police Support Services Association Collective Bargaining Agreement 2016 -2018 4 The hours of work for the Animal Services officers shall be four consecutive ten (10) hour shifts followed by three (3) consecutive days off. Provided, that the following conditions apply: A. These hours and days of the 4/10 schedule shall be determined by management; B. If an Animal Services Officer is going to be unavailable for an extended period of time (40 hours or more) for any reason including but not limited to sick leave, vacation leave, or training, management will have the right to move the remaining Officer back to a 5/8 schedule during the period in which only one Officer is available; C. All other provisions in Section 4 apply. Scheduling changes may be made where there is a reasonable operational need. Mutual agreement is required before changes to the length of shift in a classification. Except in emergencies, the employer will provide a minimum of seven (7) days notice before any schedule change. Employees shall receive one and one half the regular rate of pay for all mandatory shift changes with less than seven (7) days notice, through the notice period. The Employer will bargain with the Union before implementing any schedule configuration other than ten hour shift. Section 4.2 Overtime A. All overtime shall be compensated at a rate of one and one -half (1.5) times the employee's regular hourly rate. Overtime is defined as hours worked, together with holiday, vacation, sick leave or compensatory time hours, in excess of: C. 1. the regularly scheduled shift for full time regular employees within a twenty -four (24) hour period OR; 2. over eight (8) hours per day for part time regular employees OR; 3. over forty (40) hours in a seven (7) day week. In all cases overtime will be computed to the nearest one - quarter (1/4) hour. Overtime and premium pays shall not be duplicated or pyramided. Compensation shall not be paid more than once for the same hours under the provisions of this Agreement. Police Support Services Association Collective Bargaining Agreement 2016 -2018 5 Section 4.3 Comp Time in Lieu of Pay for Overtime Upon receiving concurrence of the City, an employee may elect to receive compensatory time in lieu of overtime pay. Compensatory time is accrued at the rate of one and one -half (1.5) hours for each hour of overtime worked. Compensatory time may be accrued to a maximum of eighty (80) hours. Compensatory time in excess of eighty (80) will be paid as overtime. Upon termination, unused compensatory time will be paid at the current rate on the final paycheck. Section 4.4 Overtime Minimum - CaII Back /Court Time Employees "called back" to work (including court appearances on behalf of the City) shall receive a minimum of two (2) hours pay at one and one half time the regular rate for the work for which they were called back. Call back occurs when the employee has finished his /her last regular shift but before beginning the next regular shift with less than twelve hours notice; or when requiring an employee to report on his /her day off. When an employee, not scheduled for call back, is called with less than one hour notice the pay calculation shall begin from the period when the employee is notified. When an employee, not scheduled for call back, is called with more than one hour notice but less than twelve hours notice the pay calculation shall begin from the time the employee leaves his /her residence. When an employee is scheduled for call back or receives more than twelve hours notice the pay calculation shall begin when the employee actually reports for work. Employees called back may be required to perform other duties for the duration of the minimum guarantee if the duty necessitating the call back does not take the full two hours. Section 4.5 Shift Bidding A. Records specialists shall be allowed to bid for shifts within their respective classifications by seniority. The bid cycle shall be for a period of one year, as determined by the City. Bidding for shifts will commence in October of each year for shifts effective January 1st of the next year. The City reserves the right to assign or transfer an employee from one shift to another, where reasonably required by operational considerations. B. If there is a vacancy at the time of shift bid, the vacancy will be identified by management. The identified vacant shift is unavailable for bid; however, consideration will be gien to those members who make their interest known when submitting their bid (i.e. my bid is graveyard but would prefer vacant late0mid shift). When fully staffed, the Records members who have demonstrated interest in the vacant shift will receive first consideration by seniority. C. Management has the authority to adjust shifts for operation purposes. Police Support Services Association Collective Bargaining Agreement 2016 -2018 6 ARTICLE 5 — MANAGEMENT RIGHTS Section 5.1. The Association recognizes the right of the City to operate and manage its affairs in all respects in accordance with its lawful authority. The City retains the authority that the City has not expressly delegated or modified by this Agreement. Section 5.2. Management rights and responsibilities shall include, but are not limited to, the following examples: 1. The City and the Department shall retain all rights and authority to which by law they are entitled. 2. The City shall have the authority to organize and reorganize the operations within the Department. 3. The Association recognizes the right of the Department to enforce the Department Rules and Regulations, and operational procedures and guidelines. 4. The City has the exclusive right to schedule work and overtime work as required in the manner most advantageous to the City, consistent with the applicable provisions of this Agreement. 5. The City has the right to assess an employee's performance of their job. 6. The City has the right to: a. discipline, demote, suspend, and discharge non - probationary employees for just cause. Scheduling of disciplinary days off will be at the convenience of Department operations. b. to discharge probationary employees for any reason. Employees who are discharged before completing their probationary period shall not have access to the grievance procedures of this Agreement to protest or challenge the discharge or the reasons therefor. c. to recruit, hire, promote, fill vacancies, transfer, assign, and retain employees. to lay off employees for lack of work or funds or other legitimate reasons. 7 The City has the right to determine business hours, to determine the starting and quitting times, and to discontinue work that would be wasteful or unproductive. Police Support Services Association Collective Bargaining Agreement 2016 -2018 7 8. The City has the right to control the Police Department budget. 9. The City has the right to determine the methods, location, means and processes by which work shall be accomplished. 10. The City shall have the right to take any and all actions necessary in the event of an emergency. Section 5.3. The parties recognize the City may perceive a need to make operational changes in areas that are not covered by the above management responsibilities, and that are not otherwise explicitly covered by this Agreement. In the event the City desires to make such a change (in a mandatory subject of bargaining) the City shall give the Association at least ten (10) days notice of the desired change. The Association may request bargaining of the issue, and the City thereafter will meet with the Association in an effort to resolve the issue. Should resolution not be achieved, either party may request the assistance of a PERC mediator and the parties will mediate for a period of thirty (30) days. Ultimately, the City may implement the change, after bargaining in good faith and impasse is reached. ARTICLE 6 - SICK LEAVE Section 6.1 Accrual and Usage Sick leave shall be accrued by regular, full -time employees at the rate of eight (8) hours per month. Regular, part-time employees shall accrue sick leave on a pro -rated basis in the same percentage as the employee's average weekly scheduled hours relate to a forty (40) hour week. An employee may accrue up to 720 hours in his or her sick leave account. Sick leave is to be used in cases of illness, accident or other conditions which require medical treatment or supervision and require an employee to be absent from work. Sick leave may be used to care for an employee's own health condition, to care for a dependent child (including dependent step -child or foster child) under the age of eighteen (18) with a health condition that requires treatment or supervision, a spouse, parent, parent -in -law, or grandparent of the employee who has a serious health condition or as more particularly established in WAC 296 -130. Sick leave may also be used for the care, treatment and preventative health care of the employee and dependents. The parties agree that sick leave should not be abused, and that such abuse is cause for discipline. Section 6.2 Sick Leave Incentive Any non - exempt employee who has an accumulated sick leave balance of at least 100 hours on December 31 of each year and has used 24 or fewer hours of sick leave during that calendar year will be eligible to receive 24 hours of additional vacation accrual the following year. A non - exempt employee whose only use of sick leave was a Police Support Services Association Collective Bargaining Agreement 2016 -2018 8 donation of accrued sick leave as provided under the City's guidelines for shared leave is eligible to receive the sick leave incentive. Section 6.3 Domestic Partner A person whom a City employee identifies as his or her domestic partner by completing an Affidavit of Domestic Partnership will be provided the same consideration as an employee's "spouse" for purposes of this Agreement. ARTICLE 7 — HOLIDAYS Section 7.1. Holidays Observed On January 1st of each year, the City shall bank (provide) one hundred sixteen (116) hours of holiday pay for each bargaining unit employee. Following are the official observed holidays: For employees hired after January 1st in a given year, the City may prorate the hours to be banked and shall bank (provide) the number of hours of holiday pay calculated by multiplying the number of holidays remaining to be celebrated in that year by eight (8) hours (e.g., for an employee hired on March 1St, sixty four (64) hours calculated by multiplying the number of holidays remaining to be celebrated in that year [eight (8)] by eight (8) hours); provided that the City shall not be required to bank hours for a Floating Holiday for any employee hired after July 1st during the employee's year of hire. If an employee permanently leaves the service of the employer before December 31st of any given year, the City may deduct banked hours credited to the employee's holiday pay bank equal to the number of holidays remaining to be celebrated in that year multiplied by eight (8) hours, as well as eight hours for the floating holiday if the termination occurs prior to July 1st of that year. Police Support Services Association Collective Bargaining Agreement 2016 -2018 9 Commonly Called First day of January New Year's Day Third Monday of January Martin Luther King Day Third Monday of February President's Day Last Monday of May Memorial Day Fourth day of July Independence Day First Monday of September Labor Day 11th Day of November Veteran's Day Fourth Thursday of November Thanksgiving Day Friday following Day after Thanksgiving 25th day of December Christmas Day 2 Floating Holidays For employees hired after January 1st in a given year, the City may prorate the hours to be banked and shall bank (provide) the number of hours of holiday pay calculated by multiplying the number of holidays remaining to be celebrated in that year by eight (8) hours (e.g., for an employee hired on March 1St, sixty four (64) hours calculated by multiplying the number of holidays remaining to be celebrated in that year [eight (8)] by eight (8) hours); provided that the City shall not be required to bank hours for a Floating Holiday for any employee hired after July 1st during the employee's year of hire. If an employee permanently leaves the service of the employer before December 31st of any given year, the City may deduct banked hours credited to the employee's holiday pay bank equal to the number of holidays remaining to be celebrated in that year multiplied by eight (8) hours, as well as eight hours for the floating holiday if the termination occurs prior to July 1st of that year. Police Support Services Association Collective Bargaining Agreement 2016 -2018 9 Section 7.2 The decision of whether an employee will be required to work on an observed holiday will be made by the City. An employee who is required to work on an observed holiday as set forth above shall receive his /her regular rate of pay for hours worked, except that, an employee who is required to work on either Thanksgiving, Christmas, New Year's Day or an additional day each year to be designated by the City prior to December 1 of the previous year, shall be paid at time and one half for all hours worked. Section 7.3 All employees shall make reasonable efforts to expend their banked holiday hours prior to the end of each year (December 31). Employees may use their banked holiday hours in increments no smaller than two hours, and shall use all banked holiday hours prior to using any vacation hours. Banked holiday hours shall be used on a first earned, first out (FIFO) basis. In the event an employee does not use all of his /her banked holiday hours prior to December 31, the employee will forfeit the remaining banked holiday hours, except that an employee may carryover unused banked holiday hours until June 30 of the following year, if: A. the employee makes a reasonable effort to use his /her banked holiday hours /pay, the employee is denied the opportunity to use banked holiday hours /pay by his /her supervisor, and the employee has written documentation of said effort in the form of completed Department leave request forms reflecting that the use of banked holiday hours /pay had been denied by the employee's supervisor, and /or B. the employee was prevented from using banked holiday hours /pay because of approved leave resulting from military service, long term disability, work related injury, or a similar reason. If an employee is unable to schedule banked carry-over time to be used by June 30th of the following year, the Deputy Chief shall attempt to schedule the banked carry-over time prior to June 30th of that year. If the Deputy Chief is unable to schedule the banked carry-over time by June 30th of that year, the City shall, upon the employee's next regularly scheduled payday, cash out the hours that cannot be further carried -over under these provisions at the employee's then - current rate of pay. An employee whose work schedule is other than an eight -hour day may use accrued vacation leave or compensatory time to supplement the holiday pay in order to receive the entire workday off with pay. Police Support Services Association Collective Bargaining Agreement 2016 -2018 10 ARTICLE 8 - EDUCATION ALLOWANCE Section 8.1 General Policy A. The City recognizes the need to encourage and promote educational opportunities for employees. The City will reimburse personnel for costs incurred in receiving approved education upon satisfactory completion of such education to the extent covered by the City's education reimbursement policy. Eligible costs include: 1. Tuition; and 2. Books. B. If an employee is attending an accredited State institution, the employee shall be reimbursed based upon that institution's tuition schedule. If an employee is attending a non -State supported institution, the employee shall be reimbursed on the basis of the University of Washington tuition schedule. Any and all education assistance reimbursement is suspended indefinitely. C. Continuing Education Incentive AA- $40.00 per month BA- $80.00 per month In order to receive this premium, the degree must be in a field of study related to the employee's assignment, as reasonably determined by the Department. In addition the employee must fulfill a continuing education requirement of at least one Department approved college class per year or 20 hours of pre- approved specialized training over and above Department mandated training. The decision of whether to attain this incentive is discretionary with the employee, and all time spent travelling to and attending classes shall be on the employee's own time. The City's education reimbursement program shall apply to the Association, and should the City fail to fund the program, such that the employee can not receive reimbursement for the tuition, the continuing education requirement shall be waived for that year. Police Support Services Association Collective Bargaining Agreement 2016 -2018 11 ARTICLE 9 — VACATION Section 9.1 Vacation Members of the bargaining unit shall receive annual leave benefits as follows: ANNUAL COMPLETION OF: VACATION HOURS: Through end of year 5 Upon beginning of year 6 Upon beginning of year 11 Upon beginning of year 16 Upon beginning of year 21 96 hours 132 hours 150 hours 180 hours 204 hours Section 9.2 Scheduling Annual Leave — Seniority Basis During January, the Department shall conduct a bid for vacations for the following year. The bid shall be by seniority, and conducted by division and shift. All vacation bid requests shall be for work weeks. Vacation requests submitted subsequent to the vacation bid shall be considered dependent upon Department needs on a first, come first served basis. The City shall make the determination of how many employees may be on vacation at any one time. If the City cancels vacation once it has been approved and the affected employee has incurred non - refundable expenses in planning for the same, the employee shall be reimbursed by the City for those expenses. Any employee called back to duty once vacation has begun shall be reimbursed for any additional transportation costs incurred in returning to duty. Section 9.3 Payout Upon separation, all vacation hours accrued will be paid at the regular rate of pay. Section 9.4 Maximum Accrual A. An employee may not carry over to each subsequent calendar year more than two hundred forty (240) hours of vacation. B. Upon the effective date of the termination of an employee's employment, such employee shall thereupon be entitled to a sum of money equal to the employee's current straight -time hourly rate for any accrued unused vacation leave time, which shall be paid on the employee's final paycheck, up to two hundred forty (240) hours maximum. Police Support Services Association Collective Bargaining Agreement 2016 -2018 12 C. The City will schedule vacations, consistent with Department needs and coverage. Section 9.5 Service Leave. Regular employees will be provided a one -time accrual of 40 hours (pro -rated for regular part -time employees) of vacation leave after each consecutive 10 year period of continuous employment (i.e. after 10 years, 20 years, 30 years, etc.). ARTICLE 10 — PENSIONS Pensions for employees and contributions to pension funds will be governed by Washington State Statute. ARTICLE 11 - BEREAVEMENT AND OTHER LEAVES Section 11.1 Bereavement. Employees may take up to thirty (30) hours of bereavement leave for a death in the employee's immediate family. For purposes of this section immediate family is defined as a spouse, siblings, children, grandparents, grandchildren, in -laws, parents, aunts, and uncles. At it's option, the Employer may construe this definition more broadly to include other persons living in the employee's household, or to established relationships having attributes to familial ties. With advance Department Director approval, up to an additional fifty -six (56) hours of sick leave may be utilized in these situations. With Department Director approval, an employee may use sick leave, not to exceed eight (8) hours, to attend the funeral of close friends or other relatives. Section 11.2 Personal Leaves A personal leave of absence is a privilege the City may extend to qualified regular full - time and regular part-time employees for specific periods of time under certain circumstances. It allows an employee to take time off from work for personal reasons (see also 11.5 Military Duty). All such leaves are taken without pay. A leave of absence must be requested in writing and submitted to the employee's immediate supervisor and department director for a recommendation as soon as the need for such a leave is known. The department director shall then forward the request to Human Resources for review. Only the Mayor may grant or deny any such personal leave requested. The employee may request or may be required by the City to use accrued vacation or compensatory time to offset loss of pay during the leave. No benefits such as vacation or sick leave are earned while on unpaid leave. Employees on leave may return early from leave if they notify the supervisor in advance. Failure to return from leave on or before the agreed upon date, however, will result in termination. Police Support Services Association Collective Bargaining Agreement 2016 -2018 13 An unpaid leave of more than thirty (30) calendar days will affect an employee's review dates. These days will be adjusted forward until the employee has completed as many days of continuous employment as the length of the leave of absence. An employee normally will be assured of returning to his or her position for a leave of absence of one hundred eighty (180) days or less in duration. Because of staffing requirements, however, it may be necessary to fill the current position for a leave of absence in excess of one hundred eighty (180) days. In this event, efforts will be made to place the employee in an available, open, comparable position. During any unpaid leave of one hundred eighty (180) days or less, an employee may continue his or her group insurance coverage by prepaying on a monthly basis the premium plus two percent (2 %) during any affected period of the leave. Sick leave accrual shall not be used for non - medical leaves of absence. Section 11.3 Leave of Absence — Medical — Non -FMLA Medical leaves of absence may be granted for regular full -time and regular part-time employees who are unable to perform their job duties due to an illness or an accident and who are ineligible for or have exhausted FMLA leave. This medical leave of absence requires a doctor's certification and cannot exceed one hundred eight (180) days total, including any FMLA leave. During medical leave, the employee may receive previously earned sick pay and earned but unused vacation benefits. A written request for a medical leave of absence must be returned to the department director along with a doctor's certification indicating the nature of the medical problem and the anticipated length of absence. A medical leave of absence may be extended, upon a written request, accompanied by an explanation from the employee's doctor of the need for an extension period. Even with an extension, however, a medical leave cannot exceed one hundred eighty (180) days total, including FMLA leave. Employees returning from a medical leave of absence must provide a doctor's written certification of their ability to return to work. The City reserves the right to require an examination by a doctor of the City's choice. Employees returning from a medical leave of one hundred eight (180) days or less return to the same position or a similar position of like pay or status, provided however, that the employee remains subject to legitimate job changes or layoffs that would have occurred even if they had not been on leave. During the paid medical leave of absence, the City will pay its portion of the employee's group insurance premiums for up to six (6) months total, including during FMLA leave. An unpaid leave of more than thirty (30) calendar days will affect an employee's review dates. These days will be adjusted forward until the employee has completed as many days of continuous employment as the length of the leave of absence. Police Support Services Association Collective Bargaining Agreement 2016 -2018 14 Section 11.4 Shared Leave The City's currently existing shared leave policy will be available for the duration of this Agreement. Section 11.5 Military Leave Any employee who is a member of the Washington National Guard or a federal military unit is entitled to leave from his or her duties as provided for by law, and shall be paid as required by law. An employee shall provide the City with notice of the leave as soon as the employee learns of the assignment, and shall furnish the City with a copy of his /her orders. A military leave shall be limited to the time of the military assignment. ARTICLE 12 - CITY SUPPLIED EQUIPMENT A. The City shall provide any federal and /or state required safety gear and apparatus. B. Employees who suffer a loss or damage to personal property and /or clothing in the line of duty shall be reimbursed for such loss or damage by the City, provided a claim is filed with the City. Loss due to neglect, negligence or abuse by the employee shall not be considered for reimbursement, nor shall damage caused by normal wear and tear. Reimbursement shall be limited to personal property with a reasonable and ordinary value (i.e. — no Rolex watches). C. The City shall purchase the following uniforms for customer service personnel and provide dry cleaning: 1. Property /Evidence Section: 3 polo shirts with City logo (navy, black, or tan) and 3 slacks (navy, black, or tan), 1 wool sweater zip or button (navy or black), and 1 winter jacket (black or navy). 2. Quartermaster /Jail Coordinator: 3 polo shirts with City logo (navy, black, or tan) and 3 slacks (navy, black, or tan), 1 wool sweater zip or button (navy or black), and 1 winter jacket (black or navy). 3. Animal Service Officers shall be reimbursed $100.00 per year for expenses incurred purchasing work boots. Unused reimbursement money may be rolled over to the next year in the event an employee does not purchase boots during a year. The City agrees to repair and /or replace clothing provided by the City as determined by the supervisor. Police Support Services Association Collective Bargaining Agreement 2016 -2018 15 Except as noted above, the City will not require that members of the association wear employer - provided uniform items. The Association members will instead abide by Section 9.2 (Personal Appearance and Dress) of the City of Federal Way Employee Guidelines. ARTICLE 13 - SAVINGS CLAUSE If any article of the agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of the agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such article. ARTICLE 14 - ENTIRE AGREEMENT The agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this agreement. Therefore, except as otherwise provided in the agreement, the City and Association, for the duration of this agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter specifically covered by this agreement. ARTICLE 15 - PERFORMANCE OF DUTY Section 15.1 Non - Strike Provisions Nothing in this agreement shall be construed to give an employee the right to strike and no employee shall strike or refuse to perform his assigned duties to the best of his ability. The Association agrees that it will not condone or cause any strike, slowdown, mass sick call, or any other form of work stoppage or interference to the normal operation of the Federal way Police Department. Police Support Services Association Collective Bargaining Agreement 2016 -2018 16 ARTICLE 16: GRIEVANCE PROCEDURE Section 16.1 Grievance Procedure Steps. A. Any grievance that may arise between parties concerning the application, meaning, or interpretation of this Agreement, shall be settled in the manner prescribed by this grievance procedure. B. A "Grievance" is defined as a claim or dispute by an employee, group of employees, or the Association concerning the interpretation or application of the provisions of this Agreement. Nothing in this procedure shall prohibit an employee from discussing a complaint directly with his supervisor or department head without representation by the Association, as provided by State Law. C. Should a subject for claim or dispute arise, there shall be no stoppage of work by employees, but an earnest effort shall be made to settle such claims or disputes promptly and in the manner hereinafter outlined. Step 1 An employee or a group of employees claiming to have a grievance shall discuss the complaint with the immediate supervisor within ten (10) calendar days of the alleged occurrence, or when they reasonably should have known of the alleged occurrence. Step 2 The supervisor shall attempt informal resolution of the grievance within seven (7) calendar days after it is presented. Step 3 Provided the grievance is not settled satisfactorily at step 2, it may be presented to the Police Chief (or designee) by the Association within seven (7) calendar days of the supervisor's response or the expiration of the time limit in step 2. The submission shall be in writing, setting forth the nature of the grievance, the articles of this agreement allegedly violated, and the requested remedy. Step 4 The Police Chief or designee shall attempt to settle the grievance within ten (10) calendar days after it has been presented, and shall respond in writing. Police Support Services Association Collective Bargaining Agreement 2016 -2018 17 Step 5 If the grievance is not settled by the Police Chief within the time allowed, it may be presented in writing to the Mayor, with a copy to the Director of Human Resources, by the Association within seven (7) calendar days of the Police Chief's response or the expiration of the time limit in step 4. Step 6 The Mayor shall have fourteen (14) days to review the grievance. If the Mayor does not respond or otherwise settle the grievance within the fourteen -day period, the grievance shall be automatically advanced to step 7, and shall not be forfeited by either party. Step 7 a. If the grievance is not settled at step 6, and involves a matter other than discipline, the dispute will be referred to the negotiating committee of both parties. The two committees shall meet within ten (10) calendar days to consider the dispute. At that meeting, all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. If no satisfactory solution is reached in this step, the matter may be submitted in writing to arbitration within 30 calendar days of the conciliation meeting. b. If the grievance is not settled at step 6 and involves discipline other than an oral or written warning, the matter may be submitted, in writing, to arbitration within thirty (30) calendar days of the date that the Mayor's review is due. Oral and written warnings may only be grieved through step 6 of this procedure. However, if the City attempts to introduce prior oral or written warnings in a subsequent discipline case that is subject to arbitration, the City shall be required to prove that it had just cause to issue those prior oral or written warnings as well as the instant discipline. Section 16.2 Arbitration Panel. The City and the Association mutually agree to a permanent panel of arbitrators to hear all grievances in arbitration. The panel shall consist of three arbitrators: Janet Gaunt, Gary Axon, and Ken Latsch. Only one arbiter shall hear each grievance and they shall be picked in rotation, provided that either party may elect to disqualify one arbiter on the list for a particular hearing. The Association must exercise its right to disqualify the arbiter at the top of the rotation list in writing, filed at the same time it submits the dispute to arbitration pursuant to step 7 of the grievance procedure. If the City wishes to exercise this right, it must do so within twenty (20) days of being served with the Association's demand for arbitration. The decision of the Arbitrator shall be final and binding on the parties. Police Support Services Association Collective Bargaining Agreement 2016 -2018 18 A. The Arbitrator shall make his /her own rules of procedure. The Arbitrator shall have no authority to amend, alter, or modify this Agreement or its terms, and shall limit his /her decision solely to the interpretation and application of this Agreement. B. Each grievance or dispute will be submitted separately except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the Arbitrator. C. The losing party shall bear the expense of the Arbitrator. The losing party shall be denominated in the award. When there is no winning party, the cost of the Arbiter shall be borne equally by the parties. All other costs and fees will be paid by the party incurring the cost/fee. D. The Arbitrator shall have thirty (30) days from the close of the hearing to issue an award. Section 16.3 Time Limits. Time limits will be strictly adhered to, but may be extended by mutual written agreement upon reasonable request, except for situations where no timely grievance is filed. While forfeiture under this clause will finally resolve the matter in dispute, it will not establish a precedent between the parties on issues of contractual interpretation. Section 16.4 Multiple Procedures. If employees have access to multiple procedures for adjudicating grievances, the selection by the employee of one procedure will preclude access to other procedures; selection is to be made no later than at the conclusion of step 6 of this grievance procedure. Section 16.5 Step 3 Submission. In those instances where disciplinary action is based on reasonable evidence of the commission of a crime, or the proposed discipline involves suspension or termination of the employee, step 3 of the Grievance Procedure will be initiated immediately. Section 16.6 Just Cause Standard. No post probationary employee may be discharged, suspended without pay, demoted (except as provided below) or disciplined in any way except for just cause. The City may withhold a step increase, for a specified period of time, if it has just cause. Section 16.7 Parties to the Agreement. In as much as this is an agreement between the City and the Association, no individual employee may make use of the provisions of this Article, except as expressly provided above. Police Support Services Association Collective Bargaining Agreement 2016 -2018 19 Section 16.8 Probationary Period. All newly hired employees must serve a probationary period. The probationary period for newly hired employees shall be one year. The probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period. The probationary period is an extension of the hiring process; therefore, the provisions of this Article (including the Just Cause Standards in Section 16.6) will not apply to employees if they are discharged during their initial probationary period. Grievances brought by probationary employees involving issues other than discharge may be processed in accordance with this Article. ARTICLE 17 - EMPLOYER & EMPLOYEE RIGHTS Section 17.1 Discipline It is agreed that the employer has the right to discipline, demote, suspend, or discharge any employees for just cause. Section 17.2 Disciplinary Investigations In criminal matters, an employee shall be afforded those constitutional rights available to any citizen. In administrative matters relating to job performance, the following guidelines shall be as follows: A. "Interrogation" as used herein shall mean any questioning by an agent of the City who is conducting an investigation (as opposed to a routine inquiry) of the employee being interrogated, when the agent knows (or reasonably should know) that the questioning could result in employee discipline. B. Before interrogation, the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him /her of the matter. Nothing herein shall operate as a waiver of the Association's right to request bargaining information. Any interrogation of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigencies of the investigation dictate otherwise. D. Any interrogation shall take place at the City Police Department, except when impractical. The employee shall be advised of their right to and shall be allowed that PSSA representation to the extent allowed by the law. E. The questioning shall not be overly long and the employee shall be entitled to such intermissions as are reasonably necessary. Police Support Services Association Collective Bargaining Agreement 2016 -2018 20 F The employee shall not be subjected to any offensive language or abusive questioning, nor shall he /she be threatened with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain his /her resignation. G. The Employer shall not require any employee covered by this Agreement to take or be subjected to a lie detector test as a condition of continued employment. Nor shall polygraph evidence of any kind be admissible in disciplinary proceedings, except by stipulation of the parties to this Agreement. H. The Department may, and upon request will, tape record any interrogation. Upon request, a copy of the tape /transcript (if made) will be provided to the employee. Section 17.3 Psychological Evaluations The purpose of this Section is to balance the interest of the Employer in obtaining a psychological evaluation of an employee to determine the employee's fitness for duty and the interest of the employee in having those examinations being conducted unobtrusively, and so as to protect the employee's privacy. Generally, an evaluation will be ordered only if the employer has a reasonable concern that an employee is psychologically unfit to perform the job. A. Results of the Evaluation. The City shall provide the doctor with the employee's job description and other information necessary for the doctor to understand the duties and responsibilities of the employee. The doctor will issue a written report to the Employer and the employee. The only information which the doctor may disclose shall be whether the employee is fit or unfit for duty or requires modified work conditions, and the prognosis for recovery, and the reason why the doctor has reached those conclusions. Additionally, where the cause of the unfitness is duty - related, the doctor shall disclose that cause. If the doctor believes the employee is fit for duty but needs modified work conditions, the doctor will indicate what modifications are necessary and the extent or duration projected of the modification. The doctor will keep all data that has been made available to him or her confidential and not release it to any of the parties except the employee. Modified work conditions may include light duty assignments of limited duration. B. As used in this section, "doctor' refers to a psychologist or psychiatrist. Police Support Services Association Collective Bargaining Agreement 2016 -2018 21 ARTICLE 18 - COMPENSATION Section 18.1 Salaries A. The wage scale attached as Appendix A. B. Paid Lunch. Refer to Section 4.1 Hours of Work C. Extra -Duty Pay. Employees assigned as Records Training Specialists ( "RTSs ") shall receive an additional three (3) percent of the top step wage rate per month, as extra -duty pay for all time spent in the actual training of employees. The Property Evidence Technician, who has been trained and certified to test marijuana, shall receive an additional five (5) percent of top step wage rate per month, as extra -duty pay for all time spent in actually testing marijuana. D. On -call Pay. Employees assigned as Animal Services Officers shall receive an additional three (3) percent of the top step wage rate for all time spent on -call to provide coverage for unscheduled absences shorter when the work schedule has not been adjusted. Section 18.2 Out of Class Extra Duty pay may be awarded to a single individual who, for a period of time exceeding thirty (30) calendar days, assumes substantial responsibilities when assigned to substitute in a vacant position, in addition to performing the duties of the position currently held. The vacancy may be due to termination, leave of absence, extended illness or other reasons approved by the Mayor or his /her designee. When such an assignment extends beyond thirty (30) calendar days, the employee may receive up to a ten percent (10 %) increase for the entire extra duty time. The percentage of Extra Duty pay awarded will be determined by the department director, and funding for the additional compensation will come from the department budget. The added compensation will cease when the assignment ends. ARTICLE 19 - INSURANCE COVERAGE Section 19.1 Medical /Dental Plans A. Effective January 1, 2016, the City shall pay each month one hundred percent (100 %) of the premium necessary for the purchase of employee coverage and ninety percent (90 %) of the premium necessary for the purchase of dependent coverage (excluding spouses who have other coverage available through his /her place of employment) under the Group Health Alliant Plus or Group Health HMO insurance plans as selected by the employee. The City will reimburse actual expenses incurred in order to cover the annual deductible payments for "out -of- network" services under the Alliant Plus Plan ($100 individual, max $300 family). Police Support Services Association Collective Bargaining Agreement 2016 -2018 22 B. Effective January 1, 2017, the City shall pay each month one hundred percent (100 %) of the premium necessary for the purchase of employee coverage and ninety percent (90 %) of the premium necessary for the purchase of dependent coverage (excluding spouses who have other coverage available through his /her place of employment) under the Group Health PPO or Group Health HMO insurance plans as selected by the employee. The City will reimburse actual expenses incurred in order to cover the annual deductible payments for "out -of- network" services under the PPO Plan ($100 individual, max $300 family). C. The City offers a two tier co -pay for health insurance (Plan A and Plan B) depending upon participation in wellness. Employees will remain on the lower co -pay plan (Plan A) if they earn 1000 points (Biometric Screening and Healthscreening Questionnaire required and earns 500 points) by November 30 of each year in order to be eligible for Plan A in the succeeding year. D. The City agrees to place the members and eligible dependents on dental coverage Plan F. Section 19.2 Life Insurance The City shall pay the entire premium for double indemnity life insurance coverage for each eligible employee in the bargaining unit. The City will determine the manner in which insurance coverage is secured. The amount of life insurance shall be equal to one times the employee's annual base salary to a maximum of $50,000 and a minimum of $25,000. ARTICLE 20 - FEDERAL WAY COMMUNITY CENTER Federal Way Community Center Membership. While the City's budget for employee membership to the Federal Way Community Center has been reduced by half for 2010 due to the current economic conditions, the City has looked at ways to encourage continued FWCC use without significant cost increases to employees (which may discourage use), by using City funds more efficiently, and requiring nominal employee contributions, as more specifically indicated below: 1. Regular employees can sign up to receive either 1) a multi -visit pass (11- visits for the price of 10, an $80 value) to the Federal Way Community Center for the 1St quarter by paying a $10 non - refundable employee contribution; or 2) a 3 -month pass ($135 value) to the FWCC for the 1st quarter by paying a $25 non - refundable employee contribution. Police Support Services Association Collective Bargaining Agreement 2016 -2018 23 2. Employees "enroll" at the FWCC by 1) showing their employee identification card; 2) completing the applicable passholder agreement; and 3) paying the non- refundable employee contribution for the multi -visit or 3 -month pass by cash /check /credit card by the 15th of the first month of the quarter (January 15, April 15, July 15 and October 15). 3. Only one pass (either the mufti-visit pass OR the 3 -month pass) per enrolled employee per quarter will be issued. 4. Employees who select the multi -visit pass must visit the FWCC 11 times during the quarter to be eligible to receive a pass for the following quarter. This continues each quarter until the next calendar year when a new initial enrollment is required and allowed. 5. Employees who select the 3 -month pass must visit the FWCC at least 18 times during the quarter to be eligible to receive a pass for the following quarter. This continues each quarter until the next calendar year when a new initial enrollment is required and allowed. a. Employees not completing visits in a quarter may purchase a pass for the following quarter for $40 non - refundable employee contribution; when the employee completes at least 18 visits per quarter, the employee becomes eligible to purchase the pass at the rate in Section 1. 6. A "visit" is defined as "exercising within the FWCC for at least 20 minutes." "Walk- by visits" where an employee counts a visit when exercising outside the FWCC are not allowed. 7. There are no exceptions to the pass visit requirements. 8. Employees who satisfy the visit requirements for their current pass during the quarter may switch from the multi -visit pass to the 3 -month pass and vice versa for the following quarter by making the appropriate non - refundable contribution. The employee will be required to satisfy the requirement for the pass selected in order to be eligible for either pass the following quarter. 9. Newly hired employees have the option of enrolling for the pass immediately or starting the first of the following quarter 10. Employees who terminate employment will be able to use the pass for the remainder of the quarter when it will be deactivated. 11. Employees who have not satisfied the 11 visits required for the multi -visit pass during the quarter will be allowed to keep and use the multi -visit pass until all visits are used, however they will not be eligible for additional passes in subsequent quarters. Police Support Services Association Collective Bargaining Agreement 2016 -2018 24 12. Passes are not transferable among employees or to any non - employee. 13. Employees must report lost passes to the FWCC so the pass can be de- activated. The employee will be charged a fee of $5 to replace lost passes. 14.The employee can upgrade to family passes on a quarterly basis by paying the difference between the full cost of the selected pass and the quarterly family pass as follows: 3 -month Upgrade: $201 family pass - $110 City contribution for employee pass = $91 total employee cost (including $25 contribution to employee pass) 15. While the City anticipates adequate funding, should there be higher than projected use, passes will be issued as indicated above only until the funding is exhausted. Community Center membership as described above is being provided on a trial basis and may be modified or discontinued at the sole discretion of the City. ARTICLE 21 - SUBSTANCE ABUSE POLICY No employee shall be required to take or be subjected to any random alcohol or drug testing as a condition of continued employment, except when: 1. the City has a "reasonable suspicion" that an employee may be under the influence of drugs or alcohol while on duty and /or 2. an employee who, while driving a City vehicle or while driving on City business, is involved in an accident which results in a serious injury or in which the employee is cited under local or state law for a moving traffic violation. ARTICLE 22 - PROBATIONARY EMPLOYEES All newly hired and promoted employees must serve a probationary period. The probationary period for newly hired employees shall end one year from the date the employee begins work for the City. The probationary period upon promotion shall be one year from the date of appointment. The probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period; provided that the taking of scheduled and approved vacation shall not be counted toward the ten day period for promotional probationers. The probationary period is an extension of the hiring process; therefore, the provisions of the grievance procedure will not apply to employees if they are discharged during their initial probationary period or are demoted during the promotional probationary period for not meeting the requirements of the Police Support Services Association Collective Bargaining Agreement 2016 -2018 25 classification. Grievances brought by probationary employees involving issues other than discharge or demotion may be processed in accordance with Article 17. ARTICLE 23 - TERM OF AGREEMENT The effective date of this Agreement is January 1, 2016 and shall remain in force until December 31, 2018. Any changes in wages, hours or working conditions from those previously in effect shall become effective upon the execution of this agreement unless a specific, different effective date is indicated for a particular change. Signed this day of 2017, at Federal Way, Washington. City of Federal Way Police Support Services Association Jim Ferrell, Mayor Karen Grossnickle, President Approved as to form: J. Ryan Call, Interim City Attorney Police Support Services Association Collective Bargaining Agreement 2016 -2018 26 APPENDIX A WAGES GENERAL WAGE ADJUSTMENTS: Effective January 1. 2016 a2.0% increase Customer Service Specialist (a18) 3525 3673 3828 3988 4158 4459 Records Specialist (a18) 3525 3673 3828 3988 4158 4459 Administrative Assistant 1 (a18) 3525 3673 3828 3988 4158 4459 Property /Evidence Tech. (a20) 3699 3857 4022 4190 4366 4680 Animal Services Officer (a24) 4107 4282 4464 4651 4849 5196 CALEA/Volunteer Coordinator _030) 4715 4917 5124 5341 5565 5965 Crime Analyst and Prevention Specialist (a30) 4715 4917 5124 5341 5565 5965 Quartermaster (a30) 4715 4917 5124 5341 5565 5965 Crime Analyst/Prevention Program Coordinator (a32) 4954 5161 5378 5605 5840 6261 Effective January 1, 2017 a 1.0% increase Customer Service Specialist (a18) 3560 3710 3866 4028 4200 4504 Records Specialist (a18) 3560 3710 3866 4028 4200 4504 Administrative Assistant 1 (a18) 3560 3710 3866 4028 4200 4504 Property /Evidence Tech. (a20) 3736 3896 4062 4232 4410 4727 Animal Services Officer (a24) 4148 4325 4509 4698 4897 5248 CALEA/Volunteer Coordinator_(a30) 4762 4966 5175 5394 5621 6025 Crime Analyst and Prevention Specialist (a30) 4762 4966 5175 5394 5621 6025 Quartermaster (a30) 4762 4966 5175 5394 5621 6025 Crime Analyst/Prevention Program Coordinator (a32) 5004 5213 5432 5661 5898 6324 Effective July 1, 2017 a 1.0% increase Effective January 1, 2018 a 1.0% increase. Effective July 1, 2018 a 1.0% increase. Police Support Services Association Collective Bargaining Agreement 2016 -2018 27 COUNCIL MEETING DATE: January 17, 2017 ITEM #: 7b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: Delegating to the Mayor, or Designee, Authority to Legally Bind the City of Federal Way for the Purpose of Requesting Federal Transportation Grant Reimbursement POLICY QUESTION: Should City Council delegate authority to the Mayor, or Designee, to legally bind the City of Federal Way for the purpose of requesting federal transportation grant reimbursement? COMMITTEE: None MEETING DATE: n/a CATEGORY: ❑ Consent n City Council Business ❑ Ordinance ® Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY4`Desiree S. Winkler, Deputy Public Works Director / Street Systems Manager S ..... _ ........................................................................... ............................... Attachments:2,Resolution to Delegate Authority to the Mayor, or Designee, for Federal Grant Reimbursement Requests 1. Council Memorandum dated January 9, 2017 Options Considered: 1. Approve the attached resolution to delegate authority to the Mayor, or designee, to legally bind the City of Federal Way for the purpose of requesting federal transportation grant reimbursement. 2. Do not approve the attached resolution and provide additional direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends approving Option 1. DEPT: Public Works MAYOR APPROVAL: N/A 1/G /� DIRECTOR APPROVAL: • I/ Committee ounci Initial /Date Initial/Date Initial/Date \\A \ COMMITTEE RECOMMENDATION: n/a Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the attached resolution to delegate authority to the Mayor, or designee, to legally bind the City of Federal Way for the purpose of requesting federal transportation grant reimbursement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 9, 2017 TO: City Council VIA: Jim Ferrell, Mayor 0 IN/ -7 FROM: Marwan Salloum, P.E., Public Works Director Aupesiree S. Winkler, P.E., Deputy Public Works Director / Street Systems Manager SUBJECT Delegation of Authority to the Mayor, or Designee to Legally Bid the City for the Purpose of Requesting Federal Transportation Grant Reimbursement BACKGROUND: The City of Federal Way has received several Federal Transportation Grants for various projects that are administered by the Washington State Department of Transportation (WSDOT). The City of Federal Way has historically managed the project design, right -of -way acquisition, and construction through the Public Works Department under the authority of the Public Works Director. In addition, the Public Works Department has administered the grant requirements including the requests for grant reimbursements. Effective December 1, 2016, it is required that all agencies include the agency's documentation confirming the individual signing the reimbursement request is authorized to legally bind the agency. WSDOT provided the outline for the resolution that once executed, will allow the Mayor, or designee, to continue to request federal transportation grant reimbursement. RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, in the matter of delegating to the Mayor, or designee, authority to legally bind the City of Federal Way for the purpose of requesting federal transportation grant reimbursement. WHEREAS, the Federal Highway Administration, through the State of Washington Department of Transportation authorizes federal transportation funding for transportation projects in the City of Federal Way; and WHEREAS, the Code of Federal Regulations, 2 C.F.R. 200.415(a) has been revised to ensure that final fiscal reports or vouchers requesting payment under Federal agreements must include a certification, signed by an official who is authorized to legally bind the non - Federal Agency; and WHEREAS, the Mayor executes all Federal grant funding agreements and supplemental agreements; and WHEREAS, In order to seek timely reimbursement for proper expenditures related to the Federally funded grant projects, the City Council authorizes the Mayor, or designee, to legally bind the City of Federal Way for the purpose of requesting Federal Grant reimbursement; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Delegation. For the purposes of requesting reimbursement for Federally funded transportation projects, the Mayor, or designee, is authorized pursuant to 2 C.F.R. 200.415(a) to legally bind the City of Federal Way in furtherance of the intent of this resolution. Section 2. Signature Authority. The Mayor, or designee, shall be authorized to sign all grant reimbursement vouchers for grant funded transportation projects on behalf of the City of Federal Resolution No. 17- Page 1 of 3 Way and certify the fiscal reports or vouchers requesting payment under grant agreements as follows: "By signing this report, 1 certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729 -3730 and 3801)." Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener /clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section.6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolution No. 17- Page 2 of 3 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20__. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: ACTING CITY ATTORNEY, FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 17- Page 3 of 3 COUNCIL MEETING DATE: January 17, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: RATIFICATION OF LAND USE/TRANSPORTATION COMMITTEE MEMBER AND CHAIR APPOINTMENT POLICY QUESTION: Should the Council ratify the Council Committee Appointment for the Land Use/Transportation Committee for 2017? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: Ft Consent n Ordinance Public Hearing ® City Council Business ❑ Resolution 1 1 Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Per Section 20 of the Council Rules of Procedure, Council Committee appointment (chairs and members) shall be made by the Deputy Mayor in January. Membership to the Land Use/Transportation Committee (LUTC), Finance, Economic Development and Regional Affairs Committee (FEDRAC) and the Parks, Recreation and Human Services Committee (PRHSPSC) will consist of three Councilmembers. Appointments to Committees are for two years. This appointment is to fill the unexpired term through the December 2017. Options Considered: 1. Ratify the Deputy Mayor's Council Committee Appointment of Councilmember Bob Celski as a Member and Chair of the Land Use/Transportation Committee through the end of 2017. 2. Amend the Deputy Mayor's Council Committee Appointment. MAYOR'S RECOMMENDATION: Option 1: To Ratify the Deputy Mayor's Council Committee Appointment of Councilmember Bob Celski as a Member and Chair of the Land Use/Transportation Committee through the end of 2017. MAYOR APPROVAL: N/A Committee COMMITTEE RECOMMENDATION: N/A Committee Chair CITY CLERK APPROVAL: Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of option (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 # COUNCIL MEETING DATE: January 17, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 7d SUBJECT: LODGING TAX ADVISORY COMMITTEE APPOINTMENTS POLICY QUESTION: Should the City Council re- appoint members to the Lodging Tax Advisory Committee? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® City Council Business ❑ Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office BACKGROUND: The Lodging Tax Advisory Committee is comprised of a minimum of five (5) members who are appointed by the City Council and serve two -year terms. Members must represent businesses which are required to collect lodging tax or businesses authorized to be funded by lodging tax revenues (minimum of two each per FWRC 2.75.020). There are four (4) vacant voting positions, three with terms through October 31, 2018 and the fourth through October 31, 2017. Three (3) positions are vacant due to expiration and all three members have applied for re- appointment. At their January 17, 2017 Special Meeting, the Council interviewed three (3) applicants seeking re- appointment to the Lodging Tax Advisory Committee (Jenny Vasquez, Joann Piquette, and Rose Ehl). Options Considered: 1. Make re- appointments to Lod in Tax Advisory Committee as follows: N ` Pfl 1 a i,,: Voting/Collects Lodging Tax 10/31/2018 Voting/Collects Lodging Tax 10/31/2017 Voting/Receives Lodging Tax 10/31/2018 Voting/Receives Lodging Tax 10/31/2018 2. Direct the City Clerk to advertise for additional applicants for the Lodging Tax Advisory Committee. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date N/A Council Initial /Date CITY CLERK APPROVAL: COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move the following re- appointments to the Lodging Tax Advisory Committee ... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED- 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: January 17, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 7e SUBJECT: YOUTH COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint new members to the Youth Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® City Council Business Fl Ordinance n Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office BACKGROUND: The Youth Commission is comprised of twelve members and three alternate members who are appointed by the City Council and serve two -year terms (per FWRC 2.60.040). There are currently four (4) vacant positions due to term expiration and students graduating. The vacancies are as follows: two (2) vacant voting positions with terms expiring August 31, 2018 as well as two (2) vacant alternate positions with terms expiring August 31, 2018 and August 31, 2017. Three (3) applications were received in response to the City Clerk's vacancy recruitment. At their January 17, 2017 Special Meeting, the Council interviewed all three applicants seeking appointment to the Youth Commission (Gaurav Gowda, Isaac Rodriguez Corona, and Olivia Chong). Options Considered: 1. Make appointments to the Youth Commission as follows: Name Type Position Voting 08/31/2018 Voting 08/31/2018 Alternate 08/31/2018 Alternate 08/31/2017 2. Direct the City Clerk to advertise for additional applicants for the Youth Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A Committee Council Initial /Date Initial /Date CITY CLERK APPROVAL: COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move the following appointments to the Youth Commission..." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: January 17, 2017 ITEM #: 7f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DIVERSITY COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint alternate members to the Diversity Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® City Council Business n Ordinance ❑ Public Hearing n Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office BACKGROUND: The Diversity Commission is comprised of nine (9) voting members who are appointed by the City Council and serve three -year terms (per FWRC 2.65.030) with alternates. There are two (2) vacant alternate positions with terms through May 31, 2018 and May 31, 2019. Two applications were received in response to the City Clerk's vacancy recruitment. At their January 17, 2017 Special Meeting, the Council interviewed both applicants seeking appointment to the Diversity Commission (Seta Kennedy and Timothee Dettweiler). Options Considered: 1. Make jpointments to the Diversity Commission as follows: 2. Direct the City Clerk to advertise for additional applicants for the Diversity Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial /Date N/A CITY CLERK APPROVAL: Council ate Initial /Date COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move the following appointments to the Diversity Commission..." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # Voting 05/31/2018 Voting 05/31/2019 2. Direct the City Clerk to advertise for additional applicants for the Diversity Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial /Date N/A CITY CLERK APPROVAL: Council ate Initial /Date COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move the following appointments to the Diversity Commission..." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: January 17, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NORTH LAKE MANAGEMENT DISTRICT ADVISORY COMMITTEE APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the North Lake Management District Advisory Committee? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: 1 1 Consent 1 1 Ordinance ® City Council Business 1 1 Resolution Public Hearing Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office BACKGROUND: The North Lake Management District Advisory Committee is comprised of seven (7) voting members who are appointed by the City Council and serve two -year terms (per Resolution 09 -560). There are two (2) vacant voting positions with terms through March 15, 2018. One position is vacant due to expiration and the other due to the resignation of a member. At their January 17, 2017 Special Meeting, the Council interviewed two (2) applicants seeking appointment to the North Lake Management District Advisory Committee (Lois Kutscha and Laurence Zimnisky). Options Considered: 1. Make appointments to the North Lake Management District Advisory Committee as follows: Tpe Position Term Voting 03/15/2018 Voting 03/15/2018 2. Direct the City Clerk to advertise for additional applicants for the North Lake Management District Advisory Committee. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A Committee Council Initial/Date Initial/Date CITY CLERK APPROVAL: COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move the following appointments to the North Lake Management District Advisory Committee ... " (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: January 17, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: Establishment of a Transportation Benefit District and adding Chapter 3.26 to the Federal Way Revised Code. POLICY QUESTION: Should the City Council establish a Transportation Benefit District and add Chapter 3.26 to the Federal Way Revised Code? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business n Resolution ❑ Other STAFF REPORT BY: 'Desiree S. Winkler, P.E., Deputy Public Works Director / Street Systems Manager Attachments: 41,- Ordinance establishing a Transportation Benefit District and adding Chapter 3.26 to the Federal Way Revised Code I. Council Memorandum dated January 10, 2017 Options Considered: 1. Approve to forward the Ordinance establishing a Transportation Benefit District and adding Chapter 3.26 to the Federal Way Revised code to the February 7, 2017 Council Meeting for enactment. 2. Reject the Ordinance establishing a Transportation Benefit District and provide direction to staff. DEPT: Public Works MAYOR'S RECOMMENDATION: The Mayor jommends Option 1. MAYOR APPROVAL: N/A Committee ouncil Initial/Date Initial/Date DIRECTOR APPROVAL: 064- -' (`� ``� Initial/Date COMMITTEE RECOMMENDATION: n/a PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (JANUARY 17, 2017): "I move to forward approval of the ordinance to the February 7, 2017 Council Meeting for enactment." 2ND READING OF ORDINANCE (FEBRUARY 7, 2017): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # ekflika CITY OF FEDERAL WAY MEMORANDUM DATE: January 10, 2017 TO: City Council VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director eesiree S. Winkler, P.E., Deputy Public Works Director / Street Systems Manager SUBJECT: Establishing a Transportation Benefit District Public Hearing and Ordinance BACKGROUND: January 17, 2017 is the date set by City Council to conduct a Public Hearing to take testimony with regard to establishment of a Transportation Benefit District. Also, on January 17, 2017, the City Council will consider the Ordinance to establish a Transportation Benefit District. Transportation Benefit District — Defined A Transportation Benefit District ( "TBD ") is a quasi - municipal corporation and independent taxing district that can raise revenue for specific transportation projects, usually through vehicle license fees or sales taxes. (Chapter 36.73 RCW) TBD revenue may be used for transportation improvements included in a local, regional, or state transportation plan. Improvements can range from roads and transit service to sidewalks and transportation demand management. Construction, maintenance, and operation costs are eligible. Any city or county may form a TBD by ordinance, following a public hearing, if it finds the action is in the public interest. City of Federal Way TBD The proposed boundaries of the TBD are the corporate limits of the City of Federal Way as they now exist or may hereafter be altered by future annexations. The governing board of the TBD shall be the Federal Way City Council ( "District Board ") and the Mayor shall serve as the chair of the District Board. Other staff support includes: • The Federal Way City Attorney will serve as legal advisor, except where separate counsel is engaged by the TBD or City Attorney has a conflict of interest. • The treasurer of the TBD shall be the City Finance Director. TBD Functions The TBD will fund the following: 1. Operation, preservation, and maintenance of the City's transportation infrastructure. January 10, 2017 Establishing a Transportation Benefit District Page 2 2. Transportation improvements that are consistent with existing state, regional, and local transportation plans and are necessitated by existing or reasonably foreseeable congestion levels. 3. The City's six -year Transportation Improvement Program Projects (as shown currently (2017 -2022) and as annually updated). 4. Annual Asphalt Overlay Program until such time the City obtains and can sustain an average system wide pavement condition rating of 80 within the City's Arterial Street System. TBD — Additional Elements • The TBD will issue an annual report indicating status of the plan • The TBD will develop a material change policy - 20% threshold. • The TBD will go through a notice, public hearing, and ordinance process if TBD functions are expanded beyond original TBD establishment • The TBD will be automatically dissolved when all indebtedness of the district has been retired and when all the District's anticipated responsibilities have been satisfied. TBD — Potential Funding Sources 1. Vehicle License Fees: TBDs may impose a vehicle license fee up to $50 without a public vote subject to the conditions below. • $15 as proposed in the 2017/18 budget, no conditions. • Up to $20, no conditions. • Up to $40, but only if a $20 fee has been in effect for at least 24 months. • Up to $50, but if only a $40 fee has been in effect for at least 24 months. • Any license fee over $50, up to $100, must be approved by a simple majority of voters. Table 1. Vehicle License Fees — Federal Way Projected Revenue Revenue Source Projected Revenue Less Admin. Fees Net Projected Revenue Vehicle Tab Fee = $15 $953,000 $74,000 $879,000 Vehicle Tab Fee = $20 $1,250,000 $99,600 $1,150,400 Note: in 2017, anticipate collecting 30 -40% of net projected revenue. 2. Sales and Use Taxes: Up to 0.2 %. Simple majority voter approval. 3. General Obligation Bonds 4. Border Area Fuel Tax 5. Impact Fees on commercial and industrial development 6. Vehicle Tolls 7. Excess Property Taxes 8. Local Improvement Districts January 10, 2017 Establishing a Transportation Benefit District Page 3 TBD — Timeline (2017) January 3 — City Council Study Session to review TBD formation and laws January 6 — Publish notice setting the date and time (Jan 17) to conduct a public hearing to establish a TBD January 17 — City Council meeting: Hold public hearing on TBD formation and first reading of TBD formation Ordinance February 7 — Second reading of the TBD formation Ordinance. Resolution of intent to conduct public hearing concerning assumption of the TBD March 9 — Effective date of the TBD Ordinance. March 21— District Board passes resolution setting fees. City Council passes resolution of intent to assume the TBD. March — April — City assumes TBD (includes publishing "resolution to assume "; public hearing; ordinance. March — May — Develop and approve interagency agreement with DOL to collect fees. September — First fee collection ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the establishment of a transportation benefit district and adding Chapter 3.26 to the Federal Way Revised Code. WHEREAS, the City Council of the City of Federal Way has the responsibility under the Constitution of the State of Washington for the improvement, maintenance, protection, and operation of public streets and ways within the corporate limits of the City pursuant to RCW 35A.11.020 and Chapter 35A.47 RCW; and WHEREAS, the construction, improvement, maintenance, protection, and operation of public streets and ways requires preserving existing transportation improvements to avoid both catastrophic failure that would require significant additional funds for reconstruction, and to avoid gradual deterioration, which would lead to reduced safety and increased congestion; and WHEREAS, the Washington Transportation Commission is mandated pursuant to RCW 47.01.071(4) to adopt the Washington Transportation Plan ( "WTP 2035 "), which is a comprehensive and balanced statewide transportation plan that establishes a 20 -year vision for the development of the statewide transportation system, from state highways and ferries, to sidewalks and bike paths, county roads, city streets, public transit, air, and rail; and WHEREAS, the Washington State Legislature identified maintaining, preserving, and extending the life and utility of prior investments in transportation systems and services as one of the WTP 2035's six transportation policy goals; and WHEREAS, the Puget Sound Regional Council, a regional planning agency, has adopted its long -range strategy, VISION 2040, and its metropolitan transportation plan, Transportation 2040, Ordinance No. 17- Page 1 of 8 which provide a framework for long -range transportation planning that integrates roads, transit, bicycling, and walking with an emphasis on clean and safe transportation; and WHEREAS, the Destination 2030 Metropolitan Transportation Plan for the Central Puget Sound, approved by the Puget Sound Regional Council, states that the first priority is to maintain, preserve, make safe, and optimize existing transportation infrastructure; and WHEREAS, the City's Capital Improvement Program, Transportation Improvement Plan, and the Transportation Element of the Comprehensive Plan, which are updated periodically, outline key strategies, objectives and investments for improving safety, mobility, modal connectivity, and access through providing effective transportation choices; and WHEREAS, the City has limited transportation funding to pay for such necessary transportation preservation, maintenance, and operation of streets and ways and current revenues will not sustain the current City transportation system; and WHEREAS, on -going costs of preservation, maintenance, and operation of streets and ways continue to increase, while dedicated revenues have decreased due in significant part to the loss of Motor Vehicle Excise Tax revenues formerly available to the City; and WHEREAS, Chapter 36.73 RCW provides for the establishment of Transportation Benefit Districts and for the levying of additional revenue sources for transportation improvements within the district that are consistent with existing state, regional, or local transportation plans and necessitated by existing or reasonably foreseeable congestion levels; and WHEREAS, RCW 35.21.225 authorizes the City Council to establish a Transportation Benefit District subject to the provisions of Chapter 36.73 RCW; and Ordinance No. 17- Page 2 of 8 WHEREAS, the City Council finds that establishing a stable local funding mechanism for funding a portion of transportation improvements is essential to the economic health and quality of life in Federal Way; and WHEREAS, the City Council now desires to form a Transportation Benefit District to include the entire boundaries of the City of Federal Way; and WHEREAS, the City Council, after giving proper notice pursuant to RCW 36.73.050(1), conducted a public hearing on January 17, 2017 and took public comment regarding the proposed establishment of a Transportation Benefit District in accordance with RCW 36.73.050; and WHEREAS, the establishment of a Transportation Benefit District is in the public interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this Chapter is to establish a Transportation Benefit District ( "TBD ") pursuant to RCW 35.21.255 and Chapter 36.73 RCW. Section 2. Findings. 1. The foregoing recitals are adopted as findings of the City Council. 2. The City Council further finds it to be in the best interest of the City and the public to establish a citywide TBD with the geographic boundaries comprised of the corporate limits of the City of Federal Way as they now exist or may hereafter be altered by future annexations for the operation, preservation, and maintenance of the City's transportation infrastructure consistent with Chapter 36.73 RCW, to protect the City's long -term investments in that infrastructure, to reduce the risk of transportation facility failures and improve safety, to continue optimal performance of the infrastructure over time, and to avoid more expensive infrastructure replacements in the future. Ordinance No. 17- Page 3 of 8 3. The City Council further finds it is in the public interest to provide adequate levels of funding for transportation improvements that are consistent with existing state, regional, and local transportation plans and are necessitated by existing or reasonably foreseeable congestion levels. 4. The City Council further finds that those transportation improvements that are consistent with existing state, regional, and local transportation plans constitute transportation improvements that may be funded by the TBD as funding becomes available. 5. The City Council further finds that the City's Six -Year (2017 -22) Transportation Improvement Program shall be annually updated to identify projects that constitute transportation improvements that may also be funded by the TBD as funding becomes available. 6. The City Council further finds that annually recurring projects listed under the "Asphalt Overlay Program" within the City's Six -Year Transportation Improvement Program constitute transportation improvements that may also be funded by the TBD as funding becomes available, until such time as the City obtains and can sustain an average system wide pavement condition rating of 80 within the City's Arterial Street System. 7. Operations, maintenance, and preservation of transportation infrastructure constitute transportation improvements that may also be funded by the TBD as funding becomes available. 8. The TBD shall be automatically dissolved when all indebtedness of the TBD has been retired and anticipated responsibilities have been satisfied. Section 3. A new Chapter 3.26 of the Federal Way Revised Code is hereby created to read as follows: Ordinance No. 17- Page 4 of 8 Chapter 3.26 FEDERAL WAY TRANSPORTATION BENEFIT DISTRICT Sections: 3.26.010 Transportation Benefit District established 3.26.020 Governing board 3.26.030 Authority of the District 3.26.040 Use of funds 3.26.050 Dissolution of the District 3.26.060 Liberal construction 3.26.010 Transportation Benefit District established. There is hereby established a Transportation Benefit District to be known as the Federal Way Transportation Benefit District ( "District ") with geographical boundaries comprised of the corporate limits of the City of Federal Way as they now exist or may exist following future annexations. 3.26.020 Governing board. (1) The governing board of the District shall be the Federal Way City Council ( "District Board ") acting in an ex officio and independent capacity, which shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW. (2) Meetings of the District Board shall be governed by the procedural rules applicable to meetings of the City Council, as these rules may be amended by the City Council from time to time. District Board actions shall be taken in the same manner and follow the same procedure as for the adoption of City Council resolutions. Meetings of the District Board shall, whenever possible, take place on the same dates scheduled for City Council meetings. (3) The Mayor shall serve as the chair of the District Board and shall preside over all meetings of the District Board. Ordinance No. 17- Page 5 of 8 (4) Federal Way City Attorney will serve as legal advisor to the District Board, except where separate counsel is engaged by the District or the City Attorney has a conflict of interest. (5) The treasurer of the District shall be the City Finance Director. (6) The District Board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). (7) The Board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). 3.26.030 Authority of the District. The District shall have and may exercise any and all powers and functions provided by law to fulfill the purposes of the District. 3.26.040 Use of funds. The funds generated by the District may be used for any purpose allowed by law, which include the operation of the District and to make transportation improvements that are consistent with existing state, regional, and local transportation plans and necessitated by reasonably foreseeable congestion levels pursuant to Chapter 36.73 RCW. The transportation improvements funded by the District shall be made in an effort to reduce the risk of transportation facility failure and improve safety, decrease travel time, increase daily and peak period trip capacity, improve modal connectivity, and preserve and maintain optimal performance of the infrastructure over time to avoid expensive infrastructure replacement in the future. 3.26.050 Dissolution of the District. The District shall be dissolved, pursuant to the procedures set forth in Chapter 36.73 RCW, when all Ordinance No. 17- Page 6 of 8 indebtedness of the district has been retired and when all of the District's anticipated responsibilities have been satisfied. 3.26.080 Liberal construction. As authorized pursuant to Chapter 36.73 RC W, this Chapter shall be liberally construed to permit the accomplishment of its purposes. Section 4. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 20 . Ordinance No. 17- Page 7 of 8 CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: ACTING CITY ATTORNEY, FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 17- Page 8 of 8 COUNCIL MEETING DATE: January 3, 2017 ITEM #: 8b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE — Adoption of State Mandated Building and Construction Codes POLICY QUESTION: Should the City of Federal Way amend Title 13 FWRC to adopt the state mandated and local construction codes? COMMITTEE: Land Use /Transportation Committee MEETING DATE: December 5, 2016 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing n City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Building Official Scott Sproul Attachments: 1) Staff Memo and 2) Adoption Ordinance DEPT: Community Development Background: The proposed ordinance is needed in order to allow the city to amend and adopt the current state mandated 2014 International Building Codes, Uniform Plumbing Code, National Electrial Code, and other building constructuion regulations pursuant to Chapters 19.27, 19.27A, and 19.28 RCW. Options Considered: 1) Adopt the proposed ordinance. 2) Revise the proposed ordinance. 3) Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: CHIEF OF STAFF: Col iTni�eb 4, Initial /Date DIRECTOR APPROVAL: Council Initial /Date 1,3.1 xiv Initial/Date COMMITTEE RECOMMENDAT 1 : I move to forward t e proposed ordinance to First Reading on TBD. lea ommittee Chair Com ee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (JANUARY 3, 2017): "I move to forward approval of the ordinance to the (fill in date) Council Meeting for enactment." 2ND READING OF ORDINANCE (JANUARY 17, 2017): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # 01-03 17 4.4..■ CITY OF Federal Way MEMORANDUM Department of Community Development DATE: December 5, 2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Scott Sproul, Building Official SUBJECT: Adoption of State Mandated Building and Construction Codes A. BACKGROUND The proposed ordinance is needed in order to allow the City to amend and adopt the current state mandated 2015 International Building Codes, Uniform Plumbing Code, National Electrial Code, and other building constructuion regulations pursuant to RCW 19.27, 19.27A, and 19.28. These code are adopted by the state and are amended on a three year cycle. As a jurisdiction within the state, the City of Federal Way is required to enforce these codes. In addition, the City may further amend the codes as needed to provide consistent enforcement. B. DISCUSSION The construction codes enforced by the City fall into two categories: "state mandated codes" and "local codes" adopted by a jurisdiction. State mandated codes are required to be enforced at the city and county level pursuant to RCW 19.27, 19.27A, and 19.28. Cities adopt codes at the local level in order to reconcile these codes wth other regulatory requirements and established fee resolutions. Local codes are permissible and are needed in order to provide enforcement for local building requirements. State Mandated Codes: Building Code — International Building Code (IBC) as amended by Washington State Residential Code — International Residential Code (IRC) as amended by Washington State Mechanical Code — International Mechanical Code (IMC) as amended by Washington State Fire Code — International Fire Code (IFC) as amended by Washington State Property Maintenance Code — International Property Maintenance Code (IMPC) Plumbing Code — Uniform Plumbing Code (UPC) as amended by Washington State Electrical Code — National Electrical Code (NEC) as amended by Washington State Energy Code — International Energy Conservation Code as amended by Washington State (Washington State Energy Code) Factory Assembled Structures, Washington State Standard for the Installation of Factory Assembled Structures Staff Memo 2016 Adoption of State Mandated Building and Construction Codes Meeting Date: Page 1 Local Codes Adopted by Federal Way: Swimming Pools — Hot Tubs — Spas (these regulations were drafted to regulate swimming pools and provide for fencing) C. OPTIONS CONSIDERED 1) Adopt the proposed ordinance. 2) Revise the proposed ordinance. 3) Do not adopt the proposed ordinance. Staff Memo 2016 Adoption of State Mandated Building and Construction Codes Meeting Date: Page 2 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the adoption of the Washington State Building Code and related matters; amending Title 13 FWRC. (Amending Ordinance Nos. 01 -389, 04 -465, 07- 563, 09 -595, 10 -665, 13 -743, and 15 -793) WHEREAS, the Revised Code of Washington ( "RCW ") mandates enforcement and provides authority to the City of Federal Way Washington to administer and enforce the Washington State Building Code Act (Chapter 19.27 RCW), the Washington State Energy Code (Chapter 19.27A RCW), Washington State regulations regarding electricians and electrical installations (Chapter 19.28 RCW), Washington State regulations regarding installation and permitting of factory assembled structures (Chapters 43.22 and 43.22A RCW), the Growth Management Act as it applies to the construction of buildings (Chapter 36.70A RCW), and related matters within the incorporated boundaries of the City of Federal Way, Washington; and WHEREAS, these Washington State laws include amendments as adopted and included by the State of Washington; and WHEREAS, certain amendments, appendices, and other regulations are optional, and where applicable, are enforceable if adopted specifically by the City of Federal Way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. l7- Page I of 20 Rev 1/15 Section 1. FWRC 13.11.020 is hereby amended to read as follows: 13.11.020 Definitions. When any of the following words appear in the codes and regulations adopted by this title, they shall be interpreted as follows: "Administrative authority" shall mean the building official. "Board of appeals " shall mean the hearing examiner appointed by the city. "Building department" shall mean the building division of the department of community and economic development. "Chief " 'fire chief" or "chief of the bureau of fire prevention" shall mean the fire chief of South King (Fire and (Rescue. "City treasurer" shall mean the director of administration and finance. "Code official" shall mean the building official. "Corporation counsel" shall mean the city attorney. "Department of building safety" shall mean the building division of the department of community and economic development. "Department of mechanical inspection" shall mean the building division of the department of community and economic development. "Jurisdiction" shall mean the city of Federal Way. "Municipality" shall mean the city of Federal Way. Section 2. FWRC 13.11.060 is hereby amended to read as follows: 13.11.060 Conflicts. In case of conflict among the codes enumerated in subsections (1), (2), (3), (4), and (5), and (6) of this section, the first named code shall govern over those following. (1) The International Building Code, published by the International Code Council, Inc.; (2) The International Residential Code, published by the International Code Council, Inc.; (3) The International Mechanical Code, published by the International Code Council, Inc., except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code); (4) The International Fire Code, published by the International Code Council, Inc., including those standards of the National Fire Protection Association specifically referenced in the International Fire Code; provided, that, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying handheld candles; (5) Except as provided in RCW 19.27.170, the Uniform Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Ordinance No. 1 7- Page 2 0_120 Rev /15 Officials; provided, that any provisions of such code affecting sewers or fuel gas piping are not adopted. (6) The International Exiting Building Code, published by the International Code Council, Inc. Section 3. FWRC 13.16.020 is hereby amended to read as follows: 13.16.020 2042 2015 International Building Code adopted. The 2042 2015 Edition of the International Building Code (IBC), including the following appendix chapters: (1) Appendix E, published by the International Code Council (ICC), is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51 -50 WAC. The International Building Code requirements for barrier -free accessibility, Chapter 11, and other IBC requirements for barrier -free access, including ICC A117.1 -2009 and Appendix E, are adopted pursuant to Chapters 19.27 and 70.92 RCW and shall not be amended by local government. (2) Appendix J of the IBC published by the International Code Council (ICC) is hereby adopted by reference. Section 4. FWRC 13.16.030 is hereby amended to read as follows: 13.16.030 2012 2015 International Building Code amendments. The International Building Code, adopted by reference in FWRC 13.16.020, is amended to -read as follows: (1) IBC Section 101.1, Title, is hereby amended as follows: These regulations shall be known as the Building Code of City of Federal Way, hereinafter referred to as "this code." (2) IBC Section 101.4.3, Plumbing, is hereby amended as follows: The provisions of the 201-2 2015 Edition of the Uniform Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. Private Sewage Disposal systems shall be approved by King County Department of Health. (3) IBC Section 101.4.6, Energy, is hereby amended as follows: The provisions of the International Energy Conservation Code, including WAC 51-11R and WAC 51-11C, shall apply to all matters governing the design and construction of buildings for energy efficiency. (4) IBC Section 105.1.1, Annual permit, is hereby replaced with IBC Section 105.1.1, Work in Critical Areas, to read as follows: Ordinance No. 17- Page 3 of 20 Rev 1/15 Permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall be required for work proposed within critical areas. Work exempt from permit (IBC Section 105.2) shall not apply to work proposed in critical areas. (5) IBC Section 105.1.2, Annual permit records, is hereby deleted in its entirety. (6) IBC Section 105.2, item 1, is hereby amended to read as follows: One -story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m2). (7) IBC Section 105.4.1, Amended Permit, is hereby created as follows: When the size of the building is increased or the scope for which the permit was issued is changed, an application to amend the building permit shall be required. Amended permit documents including but not limited to revised plans, calculations, product information, energy calculations, or other documents needed in order to clarify the intent and scope of the amended application shall be submitted for plan review. Fees for the review of the amended permit application shall be assessed and paid pursuant to the City of Federal Way fee resolution. When the building official is satisfied that the proposed work included in the amended application conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. (8) IBC Section 107.3, Examination of documents, is hereby amended as follows: The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. The building official may require third party review to insure compliance with this code. The cost of such review shall be borne by the applicant in compliance with the city's fee schedule. (9) Chapter 2, Definitions, is hereby amended by the addition of the following definition: SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. Ordinance No. I 7- Page 4 of 20 Rev 1/15 (10) IBC Appendix J is hereby amended to add a new section, J101.1.1 Local Regulations, as follows: In addition to the requirements of IBC appendix J, clearing and grading activities shall be reviewed and regulated under the following FWRC regulations: (a) FWRC Title 16 Surface and Stormwater Management; and, (b) Chapter 19.120 FWRC, Clearing, Grading, and Tree and Vegetation Retention; and, (c) Chapter 19.142 FWRC, Flood Damage Prevention. In case of conflict, the most restrictive provision shall apply. Section 5. FWRC 13.20.010 is hereby amended to read as follows: 13.20.010 Purpose — General. The purpose of this chapter is to authorize the construction of five -story Type VA buildings as an approved alternate design and construction method under Section 104.11 of the 2009 2015 Edition of the International Building Code, and to set forth the criteria and standards which must be met before a building permit may be issued for a five -story Type VA building. Section 6. FWRC 13.20.020 is hereby amended to read as follows: 13.20.020 Construction. (1) International Building Code requirements. Five -story Type VA buildings must comply with all requirements of the International Building Code, except as modified or supplemented by this chapter. In the event of a conflict between the International Building Code and the provisions of this chapter, the provisions of this chapter shall control. References in this chapter to building construction "types" (e.g., Type I or Type VA) shall have the same meaning as set forth in the International Building Code. (2) Lowest story construction requirements. The lowest story in a five -story Type VA building shall be constructed of Type VA fire- resistive construction, except that all structural frame and load - bearing elements must consist of approved, two -hour fire- resistive construction. (3) Upper four stories. The upper four stories of a five -story Type VA building shall be constructed of at least Type VA fire- resistive construction. (4) Use of Type VA above Type 1 construction. Where Type VA stories are constructed over Type I construction, the Type VA stories shall be separated from the Type I stories with a horizontal assembly having a minimum three -hour fire- resistance rating as provided in the International Building Code, Section 509.2 510.2 of the 2409 2015 Edition. Ordinance No. 17- Page 5 of 20 Rev 1/15 Section 7. FWRC 13.20.030 is hereby amended to read as follows: 13.20.030 Occupancy. (1) Occupancy of five -story Type VA buildings shall be allowed as provided in Table 553 504.3, International Building Code, 2009 2015 Edition, except that B, M, and R -1 occupancies shall be allowed on any floor. (2) "Occupancy" shall have the same meaning as set forth in the 2009 2015 Edition of the International Building Code. Section 8. FWRC 13.20.040 is hereby amended to read as follows: 13.20.040 Stair enclosures. Where buildings are designed and constructed pursuant to this section, all stair enclosures shall be of two -hour fire- resistive construction with one - and - one - half -hour opening protection. All buildings constructed in accordance with this section shall be provided a minimum of one elevator with a car which complies with Section 3002.4 of the 2009 2015 Edition of the International Building Code. Elevators shall be enclosed in shafts with the same fire - resistive requirements as stair enclosures set forth above. Elevator hoistways shall be ventilated in accordance with Sections 3004.1 through 3004.3 of the 2009 2015 Edition of the International Building Code. Section 9. FWRC 13.20.010 is hereby amended to read as follows: 13.20.050 Fire detection and protection. (1) Five -story Type VA buildings shall be protected throughout by an automatic fire sprinkler system complying with the International Building Code and International Fire Code as detailed in the standard known as NFPA 13, as set forth and contained in the 2009 2015 Editions of the International Building and Fire Codes, as presently constituted or as hereinafter amended. Use of the automatic fire sprinkler system shall be in addition to, not in lieu of, one -hour fire - resistive construction required in FWRC 13.20.020. Automatic fire sprinklers may not be used to increase the number of stories; no more than five stories of Type VA construction may be permitted. (2) All stair enclosures and elevator shafts shall be pressurized as set forth in the 2009 2015 Edition of the International Building Code, Section 909.20, as presently constituted or as may be subsequently amended. In addition, a Class I standpipe system as required by 2509 2015 International Building Code, Section 905, and the standard known as NFPA 14, as presently constituted or as may be subsequently amended, shall be installed. (3) A standby power - generator set shall be provided on the premises in accordance with the 2009 2015 International Building Code, Section 403.4, and the 2088 2014 National Electrical Code, as presently constituted or as may be subsequently amended. The standby system shall have a capacity and rating sufficient to supply all equipment required to be operational at the same time, Ordinance No. 17- Page 6 of 20 Rev 1/15 including but not limited to emergency lighting, stair enclosures, elevator shaft pressurization, and elevators. code official, shall be installed throughout- the building and provide alarm, trouble and supervisory monitoring of the automatic fire sprinkler system. Monitoring equipment and controls shall be located in a location approved by the fire code official. Section 10. FWRC 13.20.060 is hereby amended to read as follows: 13.20.060 Height. The maximum height of buildings designed and constructed pursuant to this section shall be 65 feet. The height shall be measured as provided in the 2-009 2015 International Building Code as presently constituted or hereafter amended. Buildings constructed under this chapter shall also be subject to the requirements of Section 403 pertaining to high -rise buildings, as applicable. Section 11. FWRC 13.20.070 is hereby amended to read as follows: 13.20.070 Basic allowable floor area. The basic allowable area of floors of five -story Type VA buildings shall be as allowed in Tables 583 - 504.3, 504.4, and 506.2; and Section 506 of the International Building Code, 2409 2015 Edition, as presently constituted or as may be subsequently amended. For the purpose of this chapter only, the total allowable area as calculated subject to the above - referenced table and sections may be increased by 25 percent. Section 12. FWRC 13.20.090 is hereby amended to read as follows: 13.20.090 Construction inspection. The following shall be required for buildings designed and constructed pursuant to this section: (1) Structural observation provided by the engineer of record for structural frame elements; (2) Special inspections as required in the 2449 2015 International Building Code; (3) All other inspections shall be in strict accordance with other applicable codes; and (4) Structural observation documents stamped by the engineer of record and all special inspection reports shall be submitted to the Federal Way building division prior to the issuance of a certificate of occupancy. Ordinance No. 17- Page 7 of 20 Rev 1 /15 Section 13. FWRC 13.20.100 is hereby repealed in its entirety. maintained and shall be forwarded to the fife cede official and be available to the inspection authority. Section 14. FWRC 13.22.020 is hereby amended to read as follows: 13.22.020 2012 2015 International Residential Code adopted. The 204-2 2015 Edition of the International Residential Code (IRC) as published by the International Code Council (ICC) is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51 -51 WAC, with the following additions, deletions, and exceptions; provided, that Chapters 11 and 25 through 43 of this code are not adopted; that energy conservation construction is regulated by Chapter 51 -11R WAC; that plumbing is regulated by Chapter 51 -56 WAC; that electrical installations are regulated by Chapter 296 -46B WAC or the National Electrical Code (NEC) as published by the National Fire Protection Association, as adopted by the city of Federal Way; and that Appendix G, Swimming Pools, Spas and Hot Tubs, of the 2042 2015 Edition of the IRC as published by the ICC is hereby adopted. The standards for liquefied petroleum gas installations shall be NFPA 58 (Liquefied Petroleum Gas Code) and NFPA 54 (National Fuel Gas Code). All other fuel gas installations shall be regulated by the International Mechanical Code (IMC) and International Fuel Gas Code (IFGC); including the following appendix chapters: 11 and J of the IRC published by the International Code Council (ICC) are hereby adopted by reference. Section 15. FWRC 13.22.030 is hereby amended to read as follows: 13.22.030 2012 2015 International Residential Code amendments. The following amendments to the IRC adopted in the FWRC are hereby adopted. The International Residential Code, adopted by reference in FWRC 13.22.020, is amended as follows: (1) IRC 101.1, Title, is hereby amended to read as follows: These provisions shall be known as the Residential Code for One- and Two - family Dwellings of The City of Federal Way, and shall be cited as such and will be referred to herein as "this code." (2) IRC Section 105.1.1, Annual permit, is hereby replaced with IBC Section 105.1.1, Work in Critical Areas, to read as follows: Ordinance ,No. 17- Page 8 of 20 Rev 1 !15 Permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall be required for work proposed within critical areas. Work exempt from permit (IBC Section 105.2) shall not apply to work proposed in critical areas. (3) IRC 105.3.1, Action on application, is hereby amended by the addition of the following language: The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing stating the reasons therefore. When the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. The building official may require third party review to insure compliance with this code. The cost of such review shall be borne by the applicant in compliance with the city's fee schedule. (4) IRC 105.4.1, Amended Permit, is hereby created as follows: When the size of the building is increased or the scope for which the permit was issued is changed, an application to amend the building permit shall be required. Amended permit documents including but not limited to revised plans, calculations, product information, energy calculations, or other documents needed in order to clarify the intent and scope of the amended application shall be submitted for plan review. Fees for the review of the amended permit application shall be assessed and paid pursuant to the City of Federal Way fee resolution. When the building official is satisfied that the proposed work included in the amended application conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. (5) R106.3.1, Approval of construction documents, is hereby amended to read as follows: When the building official issues a permit, the construction documents shall be approved in writing or by a stamp. One set of construction documents so reviewed and stamped Approved File Copy, shall be retained by the building official. The other set, stamped Approved Site Copy, shall be returned to the applicant, shall be kept at the site of work at all times and shall be open to inspection by the building official or his or her authorized representative. Failure to produce the Site Copy of the plans at time of inspection may result in a failed inspection. Ordinance No. 17- Page 9 of 20 Rev I/15 (6) IRC Table 301.2(1) is amended by the addition of the following information: Roof Snow Load Wind Design Seismic Design Category Subject To Damage From Winter Design Temp Ice Layer Underlay Required Flood Hazard Air Freezing Index Mean Annual Temp Speed Topo Weathering Frost line Termites Mph Effects ib /ft2 85 No D2 Moderate 12" Moderate 24 No Yes 250 55 Section 16. FWRC 13.26.020 is hereby amended to read as follows: 13.26.020 2012 2015 International Mechanical Code adopted. The 28-1 -2 2015 Edition of the International Mechanical Code (IMC) as published by the International Code Conference (ICC) is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51 -52 WAC. In the case of conflict between the duct sealing or insulation requirements of Section 603 or 604 of the IMC and the duct sealing or insulation requirements of Chapter 51 -11C WAC, the Washington State Energy Code, the provisions of the energy code shall govern. Section 17. FWRC 13.26.030 is hereby amended to read as follows: 13.26.030 2012 2015 International Mechanical Code amendments. The International Mechanical Code, adopted by reference in FWRC 13.26.020, is amended as follows: (1) IMC 101.1, Title, is hereby amended to read as follows: These regulations shall be known as the Mechanical Code of the City of Federal Way, hereinafter referred to as "this code." (2) IMC 104.6, Notices and orders, is hereby amended to read as follows: Notices and Orders shall be issued in compliance with FWRC 1.15.040. (3) IMC 106.4.1.1, Amended Permit, is hereby created as follows: When the scope of work for which the permit was issued is changed, the building official may amend the mechanical permit. When such fees specified in IMC Section 106 or the Federal Way Fee Schedule have been paid and when changes to the plans and application have been approved, the building official shall issue an "amended permit," which includes the approved changes as well as the original plans and specifications. The issuance of such amended permit shall void the original permit. (4) IMC 106.3.2, Preliminary inspection, is hereby amended to read as follows: Ordinance No. I7- Page 10 of 20 Rev 1/15 Before a permit is issued, the building official is authorized to inspect and evaluate the systems, equipment, buildings, devices, premises and spaces or areas to be used. The building official may require third party review to ensure compliance with this code. The cost of such review shall be borne by the applicant in compliance with the Federal Way Fee Schedule. (5) IMC 106.4.3, Expiration, is hereby amended in its entirety as follows: Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. (6) IMC 106.5.2, Fee schedule, is hereby amended to read as follows: The fees for mechanical permits shall be assessed in accordance with the provisions of the City of Federal Way Fee Schedule. (7) IMC 106.5.3, Fee refunds, is hereby amended in its entirety as follows: Fees shall be refunded in accordance with the City of Federal Way Fee Schedule. (8) IMC 108.3, Prosecution of violation, is hereby amended to read as follows: If the notice of violation is not complied with promptly, the building official shall take action as prescribed in Title 1 of the FWRC. (9) IMC 108.4, Violation penalties, is hereby amended to read as follows: Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to the provisions of Title 1 of the FWRC. (10) IMC 108.7, Unsafe mechanical systems, is hereby amended to read as follows: A mechanical system that is unsafe, constitutes a fire or health hazard, or is otherwise dangerous to human life, as regulated by this code, is hereby declared as an unsafe mechanical system. Use of a mechanical system regulated by this code constituting a hazard to health, safety or welfare by reason of inadequate maintenance, dilapidation, fire hazard, disaster, damage or abandonment is hereby declared an unsafe use. Such unsafe equipment and appliances are hereby declared to be a nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with Title 1 of the FWRC. (11) IMC 108.7.1, Authority to condemn mechanical systems, is hereby amended to read as follows: Ordinance No. 17- Page 11 of 20 Rev I/15 Whenever the building official determines that any mechanical system, or portion thereof, regulated by this code has become hazardous to life, health, property, or has become insanitary, the building official may issue an order to cease activity. The cease activity notice shall be issued pursuant to Section 1.15.030 of the FWRC. A person shall not use or maintain a defective mechanical system after receiving such notice. When such mechanical system is to be disconnected, written notice as prescribed in Title 1 of the FWRC shall be given. In cases of immediate danger to life or property, such disconnection shall be made immediately without such notice. (12) IMC 109.1, Application for appeal, is hereby amended to read as follows: Appeals of decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the hearings examiner pursuant to FWRC 13.06.060. Section 18. Title 13 FWRC is hereby amended to add a new Chapter 13.28 FWRC to read as follows: 13.28.010 Title. This chapter shall be known as the city of Federal Way existing building code. 13.28.020 2015 International Existing Building Code adopted. The 2015 Edition of the International Existing Building Code (IEBC), as published by the International Code Conference (ICC), is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51 -50 WAC. 13.28.030 2015 International Existing Building Code amendments. (1) IEBC 101.1, Title, is hereby amended to read as follows: These regulations shall be known as the Existing Building Code of the City of Federal Way, hereinafter referred to as "this code." Section 19. FWRC 13.31.020 is hereby amended to read as follows: 13.31.020 2012 2015 International Fire Code adopted. The 2012 2015 Edition of the International Fire Code (IFC), published by the International Code Council, is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51 -54A WAC with the following additions, deletions, and exceptions. Appendix B is adopted as amended. Appendices l- C, E, F, and I are adopted by reference. Section 20. FWRC 13.31.030 is hereby amended to read as follows: 13.31.030 2012 2015 International Fire Code amendments. (1) IFC Section 503 is hereby created as follows: Ordinance No. 17- Page 12 of 20 Rev 1 /15 (1) (a) IFC 503.1, Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3. (2) (b) IFC 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exception: The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where: 1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 3. There are not more than two Group R -3 or Group U occupancies. (3) (c) IFC 503.1.2 Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. (4) (d) IFC 503.1.3 High -piled storage. Fire department vehicle access to buildings used for high -piled combustible storage shall comply with the applicable provisions of Chapter 32. (5) (e) IFC 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8. (6) (f) IFC 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). (7) (g) IFC 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. (8) (h) IFC 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all- weather driving capabilities. (9) fi) IFC 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. (19) IFC 503.2.5 Dead ends. Dead -end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. Ordinance No. / 7- Page 13 of 20 Rev 1/15 (11) (k) IFC 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB -17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the fire code official. (12) f IFC 503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department's apparatus. (13) (m) IFC 503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department's apparatus. (4-4) (n) IFC 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. (15) (o) IFC 503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other accessways, not including public streets, alleys or highways. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. () (p) IFC 503.5.1 Secured gates and barricades. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. Exception: The restriction on use shall not apply to public officers acting within the scope of duty. (17) (q) IFC 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. (2) IFC Appendix B is hereby amended as follows: (a) Section B105.2 Buildings other than one- and two - family dwellings is replaced as follows: Ordinance No. 17- Page 1-1 of 20 Rev I/15 B105.2 Buildings other than one- and two- family dwellings. The minimum fire flow and flow duration for buildings other than one- and two - family dwellings shall be as specified in IFC Table B105.1(2). Exception: A reduction in required fire flow of up to 50 percent, as approved, is allowed when the building is protected throughout with an automatic fire sprinkler system installed in accordance with NFPA 13 or NFPA 13R. The resulting fire flow shall not be less than 1,500 gallons per minute (5,678 L /min) for the prescribed duration as specified in Table B105.1(2). (b) Table B105.2 is deleted. Section 21. FWRC 13.31.050 is hereby amended to read as follows: 13.31.050 Sprinkler installation. Fire sprinkler systems shall be installed. In addition to the Automatic Sprinkler System requirements specified in the IBC and IFC, the following new buildings and structures, and existing buildings with new additional square footage, are required to be protected by an approved automatic sprinkler system: (1) All occupancies without the basic fire flow requirements of the IFC and Appendix B. Exception: Group U occupancies. (2) All occupancies without approved fire department access as defined in IFC 503. Exception: Group U occupancies, and additions to single unit R3 structures, are not required to be sprinklered, provided the fire flow meets the requirements of the IFC and Appendix B, and the access is not unduly compromised, as approved by the fire code official. (3) In all occupancies, other than group R3; and U, and open parking structures, where the total floor area included within the surrounding exterior walls on all floor levels, including basements, exceeds 5,000 square feet. Fire walls, as noted in Section 706 of the International Building Code, shall not be considered to separate a building to enable deletion of the required fire sprinkler system. Exception: Additions to existing buildings, that through alternate materials or methods, do not increase the hazards of the building, as agreed and approved by the building official and the fire code official. In all occupancies where the building is classified as an overwater structure. Section 22. FWRC 13.34.020 is hereby amended to read as follows: 13.34.020 2012 2015 Uniform Plumbing Code adopted. The 2012 2015 Edition of the Uniform Plumbing Code (UPC), including Appendices A, B, and I, as published by the International Association of Plumbing and Mechanical Officials (IAPMO), Ordinance No. /7- Page 15 of 20 Rev 1/15 is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51 -56 WAC, with the following additions, deletions and exceptions; provided, that Chapters 12 and 15 of this code are not adopted; provided further, that those requirements of the UPC relating to venting and combustion air of fuel fired appliances as found in Chapter 5 and those portions of the code addressing building sewers are not adopted. Where a conflict exists between the provisions of Appendix I and the manufacturer's installation instructions, the conditions of the listing and the manufacturer's installation instructions shall apply. Section 23. FWRC 13.34.030 is hereby amended to read as follows: 13.34.030 2012 2015 Uniform Plumbing Code amendments. are hereby adopted. The Uniform Plumbing Code, adopted by reference in FWRC 13.34.020, is amended as follows: (1) UPC 103.3.2.1, Amended Permit, is hereby created as follows: When the scope for which the permit was issued is changed, an application to amend the building permit shall be required. Amended permit documents including but not limited to revised plans, or other documents needed in order to clarify the intent and scope of the amended application shall be submitted for plan review. Fees for the review of the amended permit application shall be assessed and paid pursuant to the City of Federal Way fee resolution. When the building official is satisfied that the proposed work included in the amended application conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. (2) UPC 103.3.3, Expiration, is hereby amended to read as follows: Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred and eighty (180) days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred and eighty (180) days. A permittee holding an unexpired permit shall be permitted to apply for an extension of the time within which work shall be permitted to commence under that permit when the permittee is unable to commence work within the time required by this section. The building official shall be permitted to extend the time for action one or more times by the permittee for a period not exceeding one hundred and eighty (180) days upon written request by the permittee. In order to renew action on a permit after expiration where such suspension or abatement has exceeded one (1) year, the permittee shall pay a new full permit fee. (3) UPC 103.4.2, Expiration of Plan Review, is amended in its entirety as follows: Ordinance No. 17- Page 16 of 20 Rev 1/15 An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing. A new, complete permit application and full fees must be submitted to restart the review process on any expired application that cannot be extended. The new application date is the date of the new submittal. Section 24. FWRC 13.41.020 is hereby amended to read as follows: 13.41.020 2012 2015 International Energy Conservation Code adopted. The 291-2 2015 International Energy Conservation Code (IECC), published by the International Code Council as amended by the state of Washington, is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapters 51-11R and 51-11C WAC. Where this Code is in conflict with one or more of the city's adopted regulations, the more restrictive language shall apply. Section 25. FWRC 13.43.020 is hereby amended to read as follows: 13.43.020 2012 2015 International Property Maintenance Code adopted. The 2-04-2 2015 International Property Maintenance Code (IPMC) is adopted as amended, added to, or excepted in this title, and shall be applicable within the city. Where this Code is in conflict with one or more of the city's adopted regulations, the more restrictive language shall apply. Section 26. FWRC 13.43.030 is hereby amended to read as follows: 13.43.030 2012 2015 International Property Maintenance Code amendments. The following amendments to the IPMC adopted in FWRC 13.43.020 are hereby adopted. The International Property Maintenance Code, adopted by reference in FWRC 13.43.020, is amended as follows: (1) IPMC 101.1, Title, is hereby amended to read as follows: These regulations shall be known as the Property Maintenance Code of City of Federal Way, hereinafter referred to as "this code." (2) IPMC 102.3, Application of other codes, is hereby amended to read as follows: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Residential Code, International Fuel Gas Code, International Mechanical Code, Uniform Plumbing Code, National Electrical Code, Washington State Energy Code and the Washington State Ventilation and Indoor Air Quality Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Federal Way Revised Code. Ordinance No. / 7- Page 17 of 20 Rev 1 /15 (3) IPMC 103 is hereby deleted in its entirety. (4) IPMC 106.2, Notice of violation, is hereby amended to read as follows: The code official shall serve a notice of violation or order in accordance with Title 1 of the Federal Way Revised Code (FWRC). (5) IPMC 106.3, Prosecution of violation, is hereby deleted in its entirety. (6) IPMC 106.4, Violation penalties, is hereby deleted in its entirety. (7) IPMC 106.5, Abatement of violation, is hereby deleted in its entirety. (8) IPMC 107.1, Notice to person responsible, is hereby amended to read as follows: Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Section 1.15.040 of the FWRC. (9) IPMC 107.2, Form, is hereby deleted in its entirety. (10) IPMC 107.3, Method of service, is hereby deleted in its entirety. (11) IPMC 107.5, Penalties, is hereby deleted in its entirety. (12) IPMC 111, title, is hereby amended to read as follows: HEARINGS EXAMINER. (13) IPMC 111.1, General, is hereby amended to read as follows: Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the hearings examiner pursuant to FWRC 13.05.060. (14) IPMC 111.2, Limitations on authority, is hereby amended to read as follows: An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply. The hearings examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearings examiner be empowered to waive any requirements of this code. (15) IPMC 112, title, is hereby amended to read as follows: ORDER TO CEASE ACTIVITY (16) IPMC 112.1, Authority, is hereby amended to read as follows: Orders to cease activity. Whenever any work is being done contrary to the provisions of this Code, or other pertinent laws or ordinances implemented through the enforcement of this Code, the building official may order the work to cease by issuance of an order to cease activity pursuant to the FWRC 1.15.030. (17) IPMC 112.2, Issuance, is hereby amended to read as follows: Occupancy violations. Whenever any building or structure or equipment therein regulated by this Code is being used contrary to the provisions of this Code, the building official Ordinance No. 17- Page 18 of 20 Rev I /15 may, by issuance of an order to cease activity pursuant to FWRC 1.15.030, order such use discontinued and the structure, or portion thereof, vacated. (18) IPMC 112.3, Unlawful continuance, is hereby amended to read as follows: Any person who shall continue any work after having been served with an order to cease activity, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. (19) IPMC 202, Definitions, is hereby amended to read in part: CODE OFFICIAL. Shall mean the Building Official. (20) IPMC 302.4, Weeds, is hereby amended to read as follows: All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches in height on development property or 12 inches in height on vacant land. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs; however, this term shall not include cultivated flowers and gardens. Section 27. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 28. 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. Ordinance No. 17- Page 19 of 20 Rev 1/15 Section 29. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 30. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2017. ATTEST: CITY OF FEDERAL WAY MAYOR, JIM FERRELL CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: ACTING CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: Ordinance No. 17- Page 20 of 20 Rev 1/15 COUNCIL MEETING DATE: January 3, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: ADMISSIONS TAX POLICY QUESTION: Should the Council approve the Admissions Tax Ordinance as presented? COMMITTEE: City Council MEETING DATE: Jan 3, 2017 CATEGORY: ❑ Consent ❑ City Council Business ® Ordinance ❑ Resolution n 11 Public Hearing Other STAFF REPORT BY: Ade Ariwoola, Finance Director Attachments: 1. Staff Report 2. Admissions Tax Ordinance DEPT: Finance Options Considered: 1. Forward approval of the Admissions Tax Ordinance to the January 17, 2017 Council Meeting for second reading and enactment. 2. Do not forward the Admissions Tax Ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Qption I. MAYOR APPROVAL: Confnittee uncil Initial/Date Initial/Date DIRECTOR APPROVAL: 3.11 Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE JANUARY 3, 2017: "I move to forward approval of the Admissions Tax Ordinance to the January 17, 2017 Council Meeting for second reading and enactment." 2ND READING OF ORDINANCE JANUARY 17, 2017: "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY Finance Department MEMORANDUM To: City Council From: Ade Ariwoola, Finance Director Via: Jim Ferrell, Mayor Subject: Admission Tax Date: December 21, 2016 Background: The City Council deliberated on the City's Biennial Budget and concluded the City needed to levy a 5% Admissions Tax of up to $0.60 per ticket on the admission fees paid to attend entertainment events. The City Council passed the 2017/2018 Biennial Budget on December 6, 2016, which included projected revenues from the Admissions Tax. The City's tax levying process requires that ordinances are publically read twice and then the City Council votes to enact said ordinance. The law will take effect 30 days after the ordinance is enacted. Barring any unforeseen circumstances, the first reading of the Admissions Tax Ordinance will be on January 3, 2017. The second reading and enactment will be on January 17, 2017. The law will take effect 30 days from January 17, 2017. Analysis: It is projected that the City will generate $0.40 million annually from this revenue source. Mayor's Recommendation: Conduct first reading of the ordinance. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the imposition of an admission tax. WHEREAS, the City of Federal Way is a non - charter code city pursuant to Title 35A RCW; and WHEREAS, RCW 35.21.280 authorizes every city to levy and fix a tax of not more than one cent on twenty cents or fraction thereof to be paid by the person who pays an admission charge to any place; and WHEREAS, the City Council desires to increase revenue to fund its operations and believes that taxing admissions where appropriate will further this goal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Title 3 of the Federal Way Revised Code is amended to add a new Chapter 3.60, "Admissions Tax," as follows: Chapter 3.60 ADMISSIONS TAX 3.60.010 Levy and amount. There is levied and imposed upon any person who is charged an admission fee to any place, including persons who are admitted free of charge, or at reduced rates, to any place in the amount of five percent of the admission charge, except that no tax in excess of sixty cents ($0.60) per ticket of admission sold shall be collected. No persons shall sell or otherwise distribute tickets of admission which disclose a rate of admission tax other than as provided in this chapter. 3.60.020 Exemptions. The admissions tax as imposed in this chapter shall not apply to anyone paying an admission charge: Ordinance No. 17- Page I of 7 Rev 1/15 1. In the amount of One Dollar and Fifty Cents ($1.50) or less; or 2. To any activity of any elementary or secondary school as contemplated by RCW 35.21.280; or 3. To any activity of any Parent - Teacher Association (PTA), or similar organization, provided that the proceeds of the activity are used to benefit an elementary or secondary school; or 4. To an organized athletic event such as tournaments, leagues, and other competitions intended for youth less than 19 years of age, sponsored and held by non - profit organizations; or 5. The admission of spectators to an athletic event, including, but not limited to, football games, basketball games, or baseball games; or 6. The admission for recreational activities, including, but not limited to, golf, skating, or swimming. 3.60.030 Complimentary admissions. Anyone who is admitted free of charge to any place or for any event for which other persons pay an admission charge shall pay an admission tax measured by the full admission charge, unless: 1. Admission is free to the public generally on the date or for the event; or 2. Admission is free to a general classification of the public (e.g., children, senior citizens, or military personnel in uniform) and the entrant is a member of the classification: or 3. The complimentary admissions are distributed for bona fide charitable purposes or through any bona fide charity, or are distributed through any elementary or secondary school; or 4. The persons so admitted are performers, people assisting in the performance or activity, or bona fide members of the press; or 5. The holder of the certificate of registration has paid the amount of the admission tax on the admission. Ordinance No. 17- Page 2 of 7 Rev 1/15 3.60.040 Discount admissions. Anyone who is admitted at a reduced price to any place or for any event for which other persons pay a regular, higher admission charge shallpay an admission tax measured by the regular., higher admission charge, unless: 1. The reduced charge is based on the quantity sold or a payment made before a calendar date in advance of the event; or 2. The reduced charge is available to a general classification of the public identified in rates posted or published for the event (e.g., children, senior citizens, or military personnel); or 3. The event is scheduled at a time less convenient for the public (e.g., a matinee or midnight performance); or 4. The reduced charge is based on the presentment of a coupon distributed broadly as a notice or advertisement; or 5. The reduced charge results from the donation of tangible personal property (e.g., food, clothing or toys) at the place of admission as an organized collection for delivery to a bona fide charity. In cases that satisfy one (1) or more of these conditions, the admission tax shall be measured based on the reduced charge actually paid for admission. 3.60.050 Collection and remittance of tax. 1. Every person receiving any payment for admission for which a tax is levied under this chapter (Collecting Entity) shall collect the amount of the tax imposed from the person making the admission payment. The tax required to be collected under this chapter shall be deemed to be held in trust by the Collecting Entity until paid to the Finance Director as provided in this chapter. Any person required to collect the tax imposed under this chapter who fails to collect the same, or having collected the same fails to remit the same to the Finance Director in the manner prescribed by this chapter, shall be personally liable to the city for the amount of such tax, and unless the remittance is made as required in this chapter, is guilty of a violation of this chapter. Ordinance No. 17- Page 3 of 7 Rev 1/15 2. The tax imposed hereunder shall be collected at the time the admission charge is paid and shall be reported and remitted by the Collecting Entity to the Finance Director in monthly installments on or before the fifteenth day of the month following the month in which the tax was collected. Remittance may be made by check, but payment by check shall not relieve the Collecting Entity of liability for remittance of the tax to the city unless the check is honored and is in the full and correct amount. 3. The Collecting Entity shall make out a return upon such forms as the Finance Director may require, showing the amount of the tax upon admissions for which the Collecting Entity is liable from the preceding monthly period, and shall sign and transmit the said forms to the Finance Director, along with a remittance for said amount. 4. Whenever any theater, circus, show, exhibit, entertainment or amusement makes an admission charge, and is subject to the tax levied in this chapter, and the same is of a temporary or transitory nature, of which the Finance Director shall be the judge, the Finance Director may require a report and remittance of the admission tax immediately upon the collection of the same, at the conclusion of the performance or exhibit, or at the conclusion of the series of performances or exhibits, or at such other times as the Finance Director shall determine. 5. Whenever any Collecting Entity stops doing business, transfers ownership, or otherwise terminates the business, any admission tax collected shall become due and payable immediately, and the Collecting Entity shall submit a return form and pay the tax due within ten (10) days of the termination of business. 6. Whenever it appears to the Finance Director that the collection of taxes from any Collecting Entity may be in jeopardy, the Finance Director, after not less than ten (10) days prior written notice to the Collecting Entity, may require that the Collecting Entity remit taxes due at shorter intervals than otherwise prescribed in this chapter. 3.60.050 Certificate of registration. Application and issuance. Any Collecting Entity shall procure from the Finance Director a certificate of registration, the fee for which shall be as defined in the City's Fee Schedule, by applying on a form prescribed by the Finance Director. Certificates of registration shall be valid for twelve months following the issue date of the certificate of registration . Such certificate of registration shall be posted in a conspicuous place where tickets of admission are sold. 3.60.060 Certificate of registration. Transitory events. Whenever a certificate of registration is obtained for the purpose of operating or conducting a temporary or transitory amusement, entertainment or exhibit by persons who are not the owners., lessees or custodians of the building, lots or place where the amusement is to be conducted, the tax imposed by this chapter shall be reported and remitted as provided for in this chapter by said Ordinance No. 17- Page 4 of 7 Rev 1/15 owner, lessee or custodian, unless paid by the person conducting the place. The applicant for a certificate of registration for such purpose shall furnish with the application therefor, the name and address of the owner, lessee or custodian of the premises upon which the amusement is to be conducted and such owner, lessee or custodian shall be notified by the Finance Director of the issuance of such certificate, by mail or otherwise, and of the joint liability for collection and " remittance of such tax. 3.60.070 Record Keeping 1. Each Collecting Entity shall maintain records respecting that activity which truly, completely, and accurately disclose all information necessary to determine the Collecting Entity's tax liability. Such records shall be kept and maintained for a period of not less than three (3) years. 2. All records required to be kept and maintained under this section shall be subject to immediate inspection and audit at any time, with or without notice, at the place where such records are kept upon the demand of the Finance Director, or his or her designee, for the purpose of enforcing the provisions of this chapter. 3. Where a Collecting Entity does not keep all of the required records within the boundaries of the city so that the auditor may examine them conveniently, the Collecting Entity shall either: A. Produce and make available for inspection within the city all of the required records within ten (10) days following a request by the Finance Director or his or her designee that the Collecting Entity do so; or B. Bear the actual cost of inspection by the Finance Director or the designee at the location where the records are located. The Collecting Entity shall pay in advance to the Finance Director the estimated costs thereof, including, but not limited to, round trip fare by the most rapid means, lodging, meals, and incidental expenses. The actual amounts due or to be refunded for expenses shall be determined following the examination of the records. 4. When an admission tax has not been remitted, or when a tax has been paid that is less than that properly due, the Finance Director shall determine the amount of tax due and mail a statement to the Collecting Entity, stating the balance due, including the tax amount and any penalty assessments or fees. It shall be a separate, additional violation of this chapter, both civil and criminal, if the collecting entity fails to make payment in full within ten (10) calendar days of that mailing. 3.60.080 Adoption of additional rules and regulations. Ordinance No. 17- Page 5 of 7 Rev 1/15 The Finance Director may adopt rules and regulations not inconsistent with the terms of this chapter in order to administer the collection and remittance of the tax levied in this chapter. A copy of such rules and regulations shall be on file and available for public examination in the Finance Director's office. Failure to follow those rules established by the Finance Director shall constitute a violation of this chapter. 3.60.080 Violation. Penalty. Each violation or failure to comply with the provisions of this chapter constitutes a separate offense, conviction of which shall subject a violator to a fine not to exceed five hundred dollars per violation. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, as provided by law. Ordinance No. 17- Page 6 of 7 Rev 1/15 PASSED by the City Council of the City of Federal Way this day of ATTEST: , 20 . CITY OF FEDERAL WAY MAYOR, JIM FERRELL CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: ACTING CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 17- Page 7 of 7 Rev 1/15